A Montana Independent Sales Representative Agreement with a Developer of Computer Software is a legally binding contract that outlines the terms and conditions between an independent sales representative and a software developer. This agreement is specifically designed to meet the requirements set forth by the Internal Revenue Service's (IRS) 20-part test for determining independent contractor status. The agreement encompasses various provisions to ensure compliance with the IRS criteria. These key provisions focus on establishing a genuine independent contractor relationship, thus avoiding misclassification and potential tax consequences. Here are some relevant keywords to consider when discussing these provisions: 1. Independent Contractor Relationship: The agreement explicitly states that the sales representative is an independent contractor and not an employee of the software developer. It emphasizes that the relationship is non-exclusive, allowing the sales representative to work with other clients. 2. Control and Independence: The agreement addresses the issue of control by affirming that the sales representative has complete control over the manner and means by which they engage in sales activities. The software developer does not provide detailed instructions or micromanage the sales representative's work. 3. Sales Targets and Performance: The agreement may include provisions specifying sales targets or goals that the sales representative is expected to meet. However, these targets should be non-binding and serve as guidelines rather than mandatory requirements, further illustrating the independent nature of the relationship. 4. Compensation and Expenses: The agreement defines how the sales representative will be compensated, typically through commissions based on sales generated. It also clarifies that the sales representative is responsible for their own expenses, such as travel and marketing materials. 5. Duration and Termination: This section outlines the duration of the agreement and the conditions under which either party can terminate the contract. It may include provisions for termination without cause or for breaches of contract. Other types of Montana Independent Sales Representative Agreements with Developers of Computer Software that aim to satisfy the IRS's 20-part test for independent contractor status may vary in their specific terms and provisions. However, the core principles discussed above should generally be present in all such agreements to ensure compliance and avoid any potential legal or tax issues. Note: It is essential to consult with legal professionals to tailor the agreement to meet the specific needs and circumstances of the parties involved, as well as to keep up with any changes in IRS regulations or Montana state laws.