CONTRACTUAL EMPLOYMENT AGREEMENT TEMPLATE

CONTRACTUAL EMPLOYMENT AGREEMENT

TEMPLATE

This Commission Sales Agreement (“Agreement“) is made on 12th day of

October, 2016 (“Effective Date“)

BY AND BETWEEN

[Your company name], a company registered under the Companies Act,

2013 having CIN [•] with its registered office at [Company address], (the

“Company“), which expression shall, unless repugnant to the context or

meaning thereof, be deemed to mean and include its successors and

assigns;

AND

[Employee name], son of [Name of Employee Father], aged

about [Number of Years], with permanent account number [Account

number], residing at [Address] (the “Designation”) which expression shall,

unless repugnant to the context or meaning thereof, be deemed to mean

and include its agents, successors and assigns

The Company and the [Designation] shall thereafter collectively be

referred to as the “Parties” and individually as the “Party“.

WHEREAS:

1. The Company is engaged in the business of marketing and selling IT

Solutions (Hardware & Software).

2. The [Applicable Designation] is desirous of selling the Company’s services.

CONTRACTUAL EMPLOYMENT AGREEMENT TEMPLATE

3. The Parties have recorded the terms and conditions of their arrangement in

this Agreement.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS

1. APPOINTMENT OF [APPLICABLE DESIGNATION]

1.1 The Company hereby appoints the [Applicable Designation] as an

authorized non- exclusive independent representative to procure

contracts for services (“Contracts”) for the Company in the [Delhi/NCR]

“Territory”.

1.2. The [Applicable Designation] shall be required to devote such time,

energy and skill on a regular and consistent basis as is necessary to procure

Contracts for the Company in the Territory during the term of this

Agreement.

1.3 The Sales Representative’s shall aim to obtain contracts from those

targets that match the criteria detailed in Annex A. The criteria is only

indicative of the nature and type of market in which the Company desires

that its services be sold and should not be construed as a limitation upon

the contracts that can be made by [Applicable Designation] under this

Agreement within the designated market.

1.5 The Company may call upon and the [Applicable Designation] shall

assist the Company in all services required or requested in connection with

Company’s business, including, but not limited to, such services of an

advisory nature as may be requested from time to time by Company.

2. REMUNERATION AND COMMISSION

2.1 The [Applicable Designation] shall receive a monthly sum amounting

to INR [Rs. XXXX] as Salary (Commission).

CONTRACTUAL EMPLOYMENT AGREEMENT TEMPLATE

2.2 The Salary (Commission) shall be paid out within 30 days of raising the

invoice and shall be paid only on fees for services rendered by the

Company as per the Contract and shall not include freight, supplies, and

other charges incidental to the performance of said services.

2.3 The [Applicable Designation] shall bear any and all costs or expenses

incurred by him to perform his obligation under this Agreement, including,

but not limited to, vehicle insurance, travel expenses and telephone

expenses.

3. TERM AND TERMINATION

3.1 This Agreement shall be valid for a period of [60] days from the

Effective Date.

3.2 Each Party may terminate this Agreement by means of a registered

letter with advice of receipt, to be sent to the other Party with a notice

period of 7 Days. The party terminating this Agreement shall have the

option of replacing the notice period, in whole or in part, with

compensation for Commission for the number of months’ notice involved,

calculated on the average Commission paid in the calendar year

preceding the communication to the other party of the wish to take up this

option. A party may waive the notice received, in whole or in part, and in this

case, the party terminating this Agreement shall not be entitled to any

compensation in lieu.

3.3 The giving of notice shall not be required in the event of termination

of the Agreement for the infringement of contractual obligations. The

present contract shall be cancelled automatically in the event of the

bankruptcy, arrangement with creditors or any other insolvency

procedures, the debarment and disqualification of either of the parties;

any criminal cases being registered against the Sales Representative, any

CONTRACTUAL EMPLOYMENT AGREEMENT TEMPLATE

judgments against the [Applicable Designation] in civil proceedings that

could damage its reputation or prevent the normal running of its business.

3.4 A trial period of 60 Days is provided for, during which time either

party may withdraw from the contract by giving 7 Days notice.

4 NON COMPETE

During the term of this Agreement or within [2] year(s) after its termination,

the [Applicable Designation] shall not provide same or similar services

within the Territory to any other person, firm, partnership, corporation or

other entity in the same business as the Company.

5 CONFIDENTIALITY

Under no circumstances and at no time shall the [Applicable designation]

disclose to any person any of the secrets, methods or systems used by the

Company in its business. All customer lists, brochures, reports, and other

such information of any nature (“Confidential Information“) made

available to the [Applicable designation] by virtue of the Sales

Representative’s association with the Company shall be held in strict

confidence during the term of this Agreement and after its termination.

6 RELATIONS OF PARTIES

6.1 This Agreement shall not create a partnership, joint venture, agency,

employer/employee or similar relationship between the Company and the

Sales Representative.

6.2 The [Applicable Designation] shall be an independent contractor.

The [Applicable Designation] shall not be considered an employee of

CONTRACTUAL EMPLOYMENT AGREEMENT TEMPLATE

Company and shall not be entitled to participate in any plan, arrangement

or distribution by Company pertaining to or in connection with any pension,

stock, bonus, profit sharing or other benefit extended to Company’s

employees.

6.3 The [Applicable Designation] is not authorized to extend any warranty

or guarantee or to make representations or claims with respect to

Company’s services without express written authorization from Company.

7. OBLIGATIONS OF THE SALES REPRESENTATIVE

7.1 The [Applicable Designation] covenants and undertakes to promote

the sale of Contracts on the basis of the stipulated prices and terms of sale

and in accordance with the instructions given by the Company.

7.2 The [Applicable Designation] agrees and undertakes to comply with

the instructions of the Company as communicated from time to time, the

general directives and the commercial policy of the Company which shall

be communicated to the [Applicable Designation] from time to time.

7.3 The [Applicable Designation] shall act independent of the Company

and in a completely autonomous manner. The [Applicable Designation]

shall not be subordinate to, or employed in any capacity by the Company.

7.4 The [Applicable Designation] shall be required to submit a weekly

sales report (“Weekly Sales Report“) in the prescribed format. The

Company may also request the [Applicable Designation] to and the

[Applicable Designation] shall provide any documentation as requested

by the Company regarding sales.

7.5 The [Applicable Designation] shall notify the Company on a timely

basis with regard to the applicable laws, regulations and other provisions

CONTRACTUAL EMPLOYMENT AGREEMENT TEMPLATE

which prescribe norms, standards and specifications that the Contracts

are required to comply with.

7.6 The [Applicable Designation] covenants and undertakes to notify the

Company in relation to any act of unfair competition or infringement of

industrial property rights or intellectual property rights, regarding the

Contracts committed by third parties in the Territory and, on request, to

provide the Company with assistance for the protection of its rights in the

Territory.

8. ASSIGNMENT

The rights and duties of the [Applicable Designation] under this Agreement

are personal and may not be assigned or delegated without prior written

consent of the Company.

9. INDEMNITY

9.1 The [Applicable Designation] shall indemnify and hold the Company

harmless of and from any and all claims or liability arising as a result of

negligent, intentional or other acts of the Sales Representative.

9.2 The Company shall indemnify and hold the [Applicable Designation]

harmless of and from any and all liability attributable solely to the negligent,

intentional or other acts of the Company or its employees.

10. DISPUTE RESOLUTION

10.1 This agreement and all transactions contemplated hereby, shall be

governed by, construed and enforced in accordance with the laws of India.

CONTRACTUAL EMPLOYMENT AGREEMENT TEMPLATE

10.2 Subject to the above, the appropriate courts in Delhi shall have

exclusive jurisdiction in relation to any matter arising out of this

Implementation Agreement.

11. NOTICE

Any notice under this Agreement shall be deemed given on the third

business day following the mailing of any such notice, postage paid, to the

address set forth above.

IN WITNESS WHEREOF, Implementation Partner and Client have executed

this Implementation Agreement effective as of the date and year first

written above.

For Company

(Signature of Authorized Signatory)

Name:

Designation: Head Human Resource

For [Applicable Designation]

Name: