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Sample Sales Employee Agreement (Long Version)


This EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of [specify] by and between [specify Name of Company] ("Company"), and [specify Name of Employee] ("Employee").

RECITALS

A. Company is engaged in the business of telemarketing and desires to obtain the services of Employee as a sales associate upon the terms and conditions provided herein.

B. Employee desires to be employed by Company as a sales associate upon the terms and conditions provided herein.

AGREEMENT

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company and Employee agree as follows:

1. Retention Of Employee.

1.1 Engagement. Company hereby engages the services of Employee as a sales associate of Company, and Employee hereby agrees to provide such services, all upon the terms and conditions set forth in this Agreement.

1.2 No Interference. Employee hereby represents and warrants to Company that Employee is free to enter into this Agreement and has no prior or other obligations or commitments to any third party which would or might interfere with the acceptance or the full, uninhibited and faithful performance of the services to be provided hereunder.

1.3 Exclusivity. During the term of this Agreement, Employee shall not provide services in the telemarketing business or otherwise for compensation except to Company.

1.4 At-Will Employee. THE EMPLOYMENT OF EMPLOYEE BY COMPANY SHALL BE AT-WILL. SPECIFICALLY, EMPLOYEE MAY QUIT HIS OF HER EMPLOYMENT WITH COMPANY AT ANY TIME, FOR ANY REASON OR FOR NO REASON AT ALL, AND COMPANY MAY TERMINATE EMPLOYEE'S EMPLOYMENT AT ANY TIME, FOR ANY REASON OR FOR NO REASON AT ALL. It is the intent of Company and Employee in executing this Agreement that the provisions of this Section 1.4 may be amended or modified only by a writing signed by both Company and Employee which specifically refers to this Section 1.4 and which states that the provisions of this Section 1.4 are being amended or modified. This Section 1.4 may not be modified by an oral agreement, and Employee agrees that any conduct, past or future, of Company or its officers, employees or agents shall not be deemed to give rise to an implied covenant or agreement which is contrary to the provisions of this Section 1.4.

2. Duties.  Employee shall diligently, faithfully and legally solicit prospective customers in an endeavor to secure sales for Company. Employee shall utilize Employee's best efforts to obtain business exclusively for Company and to exclusively promote Company's business operations.

3. Term.

3.1 Commencement. The term of this Agreement and Employee's obligation to provide services hereunder shall commence on the date entered by the parties on Exhibit "A" hereto.

3.2 Termination. Employee's obligation to provide services hereunder may be terminated at any time by one party giving written or oral notice to the other. All of the other terms and conditions of this Agreement, including the obligation of Company to pay compensation pursuant to Section 4 for services heretofore provided to Company and the obligation of Employee to maintain the confidentiality of Company's Confidential Information pursuant to Section 7, shall survive the termination of Employee's services hereunder.

4. Compensation.

4.1 Computation of Amount. In consideration of Employee's services and Employee's other agreements and covenants hereunder, Company shall periodically pay Employee compensation computed in accordance with the terms of Exhibit "B" hereto. Notwithstanding anything to the contrary contained in that Exhibit "B," Employee's compensation shall at no time be less than the minimum wage required by law.

5. Expenses.  In its sole discretion, the Company may reimburse Employee for such reasonable business and travel expenses as Employee may incur in connection with Employee's services hereunder and which Company has approved in writing in advance.

6. Regulatory Compliance.

6.1 Acknowledgment. Employee acknowledges that the business of telemarketing is subject to substantial regulation and that serious and adverse consequences to Company, Company's business and Employee might result if Employee fails to strictly comply with such regulations. Accordingly, Employee agrees to act in compliance with such regulations.

6.2 Sales Presentation Policy Statement. Company has adopted a Sales Presentation Policy Statement, the most recent version of which is attached hereto as Exhibit "C." Employee agrees to strictly comply with the instructions of this Sales Presentation Policy Statement, as the same may be modified or amended from time to time.

6.3 Employee Information Sheet. Company is required to provide to various governmental entities and periodically update information about Company's business and the persons acting on Company's behalf, including Employee. Accordingly, at Company's request, Employee has completed Company's standard Employee Information Sheet, which is attached hereto as Exhibit "D." Employee represents and warrants to Company that the information contained thereon is complete and accurate. Employee agrees that Company may use such information (and any updating information) in documents which Company provides to governmental entities. Employee recognizes that it is extremely important for Company to have current information in order to make accurate filings with governmental entities. Accordingly, Employee agrees that Employee shall notify Company in writing at any time if any of the information provided on Exhibit "D" hereto changes and that Employee will, upon the request of Company, at any time, complete a new Employee Information Sheet.

Copyright 1995 Steven M. Sack


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