Wisconsin 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 The Wisconsin Independent Sales Representative Agreement with a Developer of Computer Software is a legally binding contract that establishes the terms and conditions between an independent sales representative and a developer of computer software. This agreement is specifically designed to comply with the Internal Revenue Service's 20-part test for determining independent contractor status, ensuring that both parties maintain their classified status. The agreement includes various provisions that address the key factors outlined in the IRS's test, including control, payment terms, tax responsibilities, and relationship details between the parties involved. These provisions aim to establish a clear understanding of the independent contractor relationship and minimize any potential conflicts or misinterpretations. Key provisions included in this agreement: 1. Scope of Work: Clearly defines the specific sales representative services to be performed and the software products covered by the agreement. 2. Control and Independence: Stipulates that the sales representative has full control over the means and methods of performing the services and acknowledges that they are not an employee of the developer. 3. Compensation: Outlines the payment structure, including commissions or fees, and any additional expenses reimbursable by the developer. 4. Taxes and Benefits: Clarifies that the sales representative is responsible for their own taxes, including self-employment taxes, and acknowledges that they are not entitled to any employee benefits. 5. Intellectual Property: Addresses the ownership and protection of intellectual property, ensuring that the developer retains all rights to the software. 6. Confidentiality and Non-Compete: Includes provisions to safeguard proprietary information and restrict the sales representative from engaging in competitive activities during and after the agreement period. 7. Term and Termination: Specifies the duration of the agreement and the conditions under which either party may terminate the agreement. 8. Indemnification: Identifies the responsibilities of each party in case of disputes, lawsuits, or claims arising out of the agreement. 9. Governing Law and Jurisdiction: Determines that the laws of Wisconsin will govern the agreement and identifies the appropriate jurisdiction for any legal proceedings. Different types or variations of this agreement may exist depending on the specific context and requirements of the parties involved. For example, variations may include different software development projects, commission structures, or additional clauses tailored to the unique needs and circumstances of the parties. In conclusion, the Wisconsin Independent Sales Representative Agreement with a Developer of Computer Software with Provisions Intended to Satisfy the Internal Revenue Service's 20 Part Test for Determining Independent Contractor Status is a comprehensive contract that ensures compliance with IRS regulations while outlining the obligations and rights of both the sales representative and the software developer. This agreement provides a framework for a mutually beneficial relationship while maintaining the independent contractor status.