The Wake North Carolina Independent Sales Representative Agreement with Developer of Computer Software is a comprehensive contract that establishes the working relationship between an independent sales representative and a computer software developer in Wake County, North Carolina. This agreement includes provisions specifically designed to meet the Internal Revenue Service's 20-part test for determining the independent contractor status of the sales representative. By incorporating these provisions, both parties aim to ensure compliance with tax regulations and demonstrate that the sales representative is indeed an independent contractor, rather than an employee. Key provisions of the Wake North Carolina Independent Sales Representative Agreement with Developer of Computer Software include: 1. Scope of Work: This section outlines the specific duties and responsibilities of the independent sales representative, including the sale and promotion of the developer's computer software products within the designated territory of Wake County, North Carolina. 2. Independent Contractor Status: This provision explicitly states that the sales representative is acting as an independent contractor and not as an employee of the developer. It highlights that the sales representative has control over how they perform their duties and assumes all liabilities and expenses associated with their work. 3. Non-Exclusive Agreement: This clause establishes that the sales representative is not exclusively bound to represent the developer's software products, allowing them to engage in similar activities for other companies or products. 4. Compensation and Commission: This section outlines the payment terms, including the commission structure for the sales representative. It specifies the percentage or amount of commission to be received for each sale or successful transaction completed. 5. Territory and Ownership: The agreement defines the specific geographic territory in which the sales representative will operate, typically confined to Wake County, North Carolina. It also clarifies that the intellectual property rights and ownership of the software products belong solely to the developer. 6. Term and Termination: This portion covers the duration of the agreement, typically set as a fixed term. It outlines the circumstances under which either party can terminate the agreement before its expiration, such as violation of terms or non-performance. 7. Confidentiality: This provision safeguards proprietary and sensitive information shared between both parties during the course of their business relationship, ensuring the confidentiality and non-disclosure of such information to third parties. 8. Indemnification: This clause holds the sales representative liable for any damages or losses incurred by the developer as a result of the representative's actions or negligence while performing their duties. Different types of Wake North Carolina 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 the terms of compensation, exclusivity requirements, territory limitations, and other specific terms agreed upon by the parties involved.