II. Profit Sharing
Both Parties agree that the Representative, should they respect the terms and conditions of this
Contract, shall be entitled to ____________ percent of the profits earned for the sales of the
Product that are the direct result of the Representative’s effort.
2.1. In order for any monies or revenues of the Company to be considered a “direct
result” of the Representative’s efforts, all contact, marketing efforts and/or sales efforts
must have been made directly by the Representative. Thus, this qualifies as a “direct
result” sale.
2.2. “Profits” shall be calculated, in a reasonable manner, by both Parties, upon
consulting the financial indicators of the Company. For the purposes of this Profit
Sharing Contract, the profits shall be calculated as the sale price, minus any expenses
incurred by the Company paid on behalf of the Representative in furtherance of the sale
and cost of the goods sold.
2.3. Both Parties hereby agree that the Representative is therefore considered an
independent contractor and not an agent, employee or part of the personnel of the
Company.
2.4. Any statements, representations, commitments of any kind or action which shall be
binding on the other Party may only be made with express, written authorization from
both parties.
III. Expenses
As part of this Contract, the Representative is able to be reimbursed for expenses made as part
of their efforts to sell the Product, but only if both the Company and the Representative
together agree upon such expenses. The Representative hereby vows to keep and share all the
relevant fiscal documents, including but not limited to: invoices, receipts, purchase orders and
the likes of it.
IV. Confidentiality
Any materials, proprietary information, trade secrets, industry knowledge and other
confidential information transferred from the Company to the Representative must be kept
confidential by the Representative, unless disclosure is required by a process of the law.
Divulging any of this information for any purpose beyond the scope of this Contract, or beyond
the exceptions set forth above, is forbidden without the prior consent of the Company, even
after the termination of the Contract.