The Guam Independent Sales Representative Agreement with Developer of Computer Software is a legally binding contract that establishes the relationship between an independent sales representative and a software developer. This agreement is specifically designed to meet the requirements of the Internal Revenue Service's 20 part test for determining independent contractor status. It contains provisions that ensure the independent status of the sales representative while protecting the interests of both parties involved. Key provisions included in this agreement: 1. Agreement Overview: This section outlines the purpose of the agreement and establishes that the sales representative is an independent contractor, not an employee. 2. Scope of Representation: Describes the products or services that the sales representative will be selling on behalf of the software developer and establishes sales territories or target markets. 3. Compensation and Payment: Outlines the commission structure and terms of payment, including how and when the sales representative will be compensated for sales made. 4. Independent Contractor Status: Contains detailed provisions to meet the IRS 20 part test, ensuring that the sales representative is an independent contractor and not an employee. These provisions may include control over working hours, method of work, expenses, insurance, and benefits. 5. Non-Disclosure and Confidentiality: Protects the software developer's proprietary information and trade secrets by requiring the sales representative to maintain confidentiality regarding the software, customer data, and any company information provided. 6. Intellectual Property: Clarifies ownership of intellectual property rights related to the software and prohibits the sales representative from making unauthorized use or claiming ownership. 7. Term and Termination: Specifies the duration of the agreement, conditions for termination, and any notice periods required by either party. 8. Governing Law and Jurisdiction: Determines the applicable laws and jurisdiction that will govern any disputes arising from this agreement. Different types of Guam Independent Sales Representative Agreement with Developer of Computer Software with Provisions Intended to Satisfy the Internal Revenue Service's 20 Part Test for Determining Independent Contractor Status may include variations based on specific software and sales representation requirements. Customizations may be made regarding commission rates, territory exclusivity, non-compete clauses, or additional provisions addressing unique circumstances applicable to the software industry. Overall, the Guam Independent Sales Representative Agreement with Developer of Computer Software serves as a comprehensive framework that protects the interests of both parties while satisfying the requirements to establish independent contractor status according to the IRS's 20 part test.