This agreement is made and executed between Marketing Representative (hereinafter “Rep”) and Az. Filler Pack
1. Background/Intent. Az. Filler Pack manufactures and has exclusive marketing and intellectual property right to the Az. Filler Pack and has current contracts with certain catalog industry companies. The primary focus of the Rep should be on maintaining the status of customer accounts while promoting Az. Filler Pack products with the utmost integrity.
2. Marketing Representative/Independent Contractor. Az. Filler Pack. Appoints Rep as an authorized non-exclusive independent representative to sell and promote: The Az. Filler Pack Rep shall devote such time, energy and skill on a regular and consistent basis as is necessary to sell and promote Az. Filler Pack Services. Nothing in this agreement shall create a partnership, joint venture, agency, employer/employee or similar relationship. Rep shall be an independent contractor. Rep shall be free to utilize his/her time, energy and skill in such a manner as he/she shall deem advisable to perform the duties and obligations under this agreement. Rep shall not sell or promote similar services or products during the term of this agreement.
A. All signups must first be a sales Rep. for 6 months with at least 3 sales a month, or $1,000.00 in sales before they can become a bag packer.
B. Rep shall maintain a professional demeanor at all times when dealing with Az. Filler Pack clients.
C. Az. Filler Pack shall provide Rep with a 1099 form reflecting all commission paid annually if a commission reaches $600.00.
3. Remuneration. Sales only Reps. shall be entitled to a ten percent (10%) earnings of all sales,
20% to bag packers.
A. To receive commissions all sales must go through the website, and have your referral code name attached to it.
B. ONLY Filler Pack packers may barter their sales, with the understanding that in doing so he/she will automatically wave any commisions from that sale, and they will pack all said flyers themselves.
C. Collecting funds and flyers for flyer distribution and not turning in the money minus your 10% for sales reps. and 20% for bag packers and not reporting any of your sales not made from the website to Leila will result in termination of this agreement.
D. Commissions for the sale shall be made by Az. Filler Pack the twentieth (20th) of the month, following the month of business transacted from any customer on payment for the underlying invoice.
4. Expenses/Costs. Rep shall bear any and all costs or expenses incurred by Rep to perform the duties and obligations hereunder, including, but not limited to vehicle, travel expenses, insurance and office expenses
5. Products/Prices/Samples. Az. Filler Pack. Shall supply program information,
Advertising and promotional materials when applicable. The same shall remain the property of Az. Filler Pack and said company shall determine all prices and terms of sale for its products. Rep shall notify us in writing if they choose to cancel their rep agreement. Email is acceptable for written notification. Rep shall present the Az. Filler Pack Retail Program policies to all new and existing accounts and agrees to sell Az. Filler Pack Services consistent with the terms and provisions outlined in the same. Az. Filler Pack shall promptly notify Rep of any modifications to any policies or pricing.
6. Confidentiality/Trade Secrets. Rep shall not disclose any of the secrets, methods or systems used by Az. Filler Pack. In its business. All customer and client lists, brochures, reports, marketing materials and other such information of any nature shall be held in strict confidence. This provision shall survive the termination of this
Agreement and the same shall continue beyond the term of the Agreement.
A. No solicitation of the Az. Filler Packs current client list shall occur for up to one year, after termination of this agreement.
7. Termination. Either party may terminate this Agreement without cause, upon 30 (Thirty) days written notice to the other party sent by registered letter. In the event of a termination of this Agreement, it is understood that Representative will not maintain any equity in, nor receive any commissions from, sales or shipments to Representative’s accounts beyond the effective date of termination. Upon Termination of this Agreement, final settlement of Representative’s commission account will be held in escrow for a period not exceeding 60 (Sixty) days beyond termination date to allow sufficient time for clearance of outstanding charges.
8. Miscellaneous. All amendments shall be in writing and signed by Az. Filler Pack and Rep. The construction, validity and performance of this Agreement shall be governed by the laws of the State of Arizona. This Agreement constitutes the entire Agreement of the parties.
I have carefully read the policies and procedures in regards to becoming an Az. Filler Pack Independent Representative. I understand that I have a right to terminate my agreement anytime by submitting so in writing and may cancel this transaction within three business days from the date of this transaction.
I UNDERSTAND THAT AS A Representative, I am not an employee, franchise holder or legal representative of the Az. Filler Pack I understand that I am working as a self-employed, independent contractor. As an Independent Contractor, I am responsible for filing all necessary federal, state and local taxes as my be applicable to my commissions, bonuses, and prizes received from the Az. Filler Pack In particular, I will not be treated as an employee with respect to any services for federal and state purposes. Also, I am not covered by any State Unemployment or Worker’s Compensation Act.