South Dakota 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 This South Dakota Independent Sales Representative Agreement is specifically designed for a partnership between a developer of computer software and an independent sales representative in the state of South Dakota. The agreement includes several provisions that aim to satisfy the Internal Revenue Service's 20-Part Test for Determining Independent Contractor Status, ensuring compliance with tax regulations. Here are some of the key provisions included in this agreement: 1. Parties: The agreement clearly identifies the parties involved, including the computer software developer and the independent sales representative. Their respective responsibilities and obligations are outlined as well. 2. Termination: The agreement establishes the terms and conditions for termination, including both voluntary and involuntary termination. It specifies the notice period required for termination and the consequences of termination. 3. Scope of Services: This section defines the duties and responsibilities of the independent sales representative. It outlines the specific software products or services they will be promoting and selling, as well as any limitations or restrictions. 4. Compensation: The agreement details the compensation structure for the independent sales representative. This may include a commission-based model, outlining the percentage or amount they will receive for each sale or contract they secure. 5. Expenses: If the independent sales representative incurs any expenses while performing their duties, this section specifies how those expenses will be reimbursed. It outlines the reimbursement process, including the submission of receipts and the timeline for reimbursement. 6. Compliance with Laws: The agreement stipulates that both parties must comply with all applicable laws, regulations, and licensing requirements during the performance of their roles and responsibilities. Types of South Dakota 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: 1. Exclusive Sales Representative Agreement: This type of agreement grants exclusivity to the independent sales representative, meaning they are the sole representative authorized to sell the developer's software products in South Dakota. 2. Non-Exclusive Sales Representative Agreement: In this agreement, the independent sales representative may represent other developers or software companies along with the computer software developer mentioned in the agreement. 3. Commission-Only Agreement: This type of agreement compensates the independent sales representative solely on a commission basis, without a fixed salary or base pay. 4. Territory-Specific Agreement: This agreement defines a specific geographic territory within South Dakota where the independent sales representative has the exclusive right to sell the developer's computer software. By carefully considering and customizing the content of the South Dakota Independent Sales Representative Agreement, developers and independent sales representatives can establish a clear understanding of their work relationship while satisfying the Internal Revenue Service's guidelines for determining independent contractor status.