An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time\
" Does the worker make his or her services available to the general public?
South Dakota Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory Description: A South Dakota Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory is a legally binding agreement between a company providing snow removal services and an independent sales representative based in South Dakota. This contract outlines the terms and conditions under which the sales representative will independently sell the company's snow removal services in a designated exclusive territory within South Dakota. Keywords: — SoutDakotaot— - Contract - Sales Representative — IndependenContractto— - Sell - Snow Removal Services — Exclusive Territory Types of South Dakota Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory: 1. Exclusive Territory Agreement: This type of contract defines the specific geographic area within South Dakota that the sales representative has exclusive rights to sell the company's snow removal services. It establishes the boundaries of the territory and prevents the company from directly soliciting clients within the assigned area. 2. Commission-based Agreement: This contract type outlines the details of the commission structure for the sales representative. It specifies the percentage or rate of commission that the sales representative will receive for each sale made within the exclusive territory. It may also include details about the payment schedule and any additional incentives or bonuses based on sales performance. 3. Non-compete Agreement: This type of contract prohibits the sales representative from engaging in any competing snow removal service sales within the exclusive territory for a specific period of time, usually during the contract's duration. It ensures that the sales representative will prioritize and solely focus on selling the company's snow removal services without any conflicts of interest. 4. Termination Agreement: This contract outlines the conditions and procedures for terminating the agreement between the company and the sales representative. It includes clauses such as notice periods, reasons for termination, and any obligations or procedures to be followed upon termination. 5. Confidentiality Agreement: This type of contract emphasizes the importance of maintaining confidentiality regarding the company's trade secrets, client lists, pricing information, and any other proprietary or sensitive information. It ensures that the sales representative will not disclose such information to competitors or anyone else, both during and after the contract term. In summary, a South Dakota Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory is a contractual agreement that allows a sales representative to independently sell a company's snow removal services within a designated exclusive territory in South Dakota. Various contract types such as Exclusive Territory Agreement, Commission-based Agreement, Non-compete Agreement, Termination Agreement, and Confidentiality Agreement may be used to define the terms and conditions specific to the agreement.
