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Employment Agreement Salesperson
1. Introduction. Agreement made [date] by and between [name] (Employer), with offices at [address], and [name] (Employee), residing at [address].
2. Nature of Employment. Employer employs Employee as a salesperson to sell all of Employer's products in the territory described as follows: [description]. Employee shall devote Employee's entire working time in pursuance of the duties herein set out and shall not engage in any other business activity.
3. Terms of Employment. The terms and conditions of Employee's employment are those set out in the [name of Employer] Employees' Handbook, receipt of a copy of which is hereby acknowledged by Employee, as the same may be modified and amended. The fringe benefits that will be made available to Employee are those set out in the [name of Employer] Guide to Employees' Welfare and Pension Benefits, receipt of a copy of which is hereby acknowledged by Employee, as the same may be modified and amended.
4. Compensation. Employee shall receive an advance of ........ dollars ($........) against commissions. Said advance shall be paid monthly on the first business day of each month. Employee shall receive the commissions set out in Exhibit A [omitted] attached hereto and made a part hereof on all fully paid sales made by Employee. Employer shall account to Employee monthly for such commissions no later than the [number] day of the month following the month for which the accounting is rendered. A check for the difference between the commissions due and the unrecouped balance of all advances theretofore paid to Employee shall accompany the accounting. If the unrecouped balance of all advances is greater than the commissions due, the difference shall be carried forward to the next accounting.
5. Expenses. Employee shall furnish an automobile registered in Employee's name to be used in the fulfillment of Employee's services. The maintenance, insurance, and other costs of operating such automobile shall be the sole responsibility of Employee, and Employer shall have no liability therefore. Employer shall pay Employee the sum of ........ dollars ($........) to defray such costs for which Employee need not account to Employer.
6. Term of Agreement. This Agreement shall commence on [date]. It shall terminate upon the mutual agreement of the parties or upon the giving of [number] days' written notice by one party to the other. Upon termination of this Agreement, all of the rights and obligations of the parties shall cease except that Employee shall promptly return all samples and other materials belonging to Employer, and Employer shall account for and pay to Employee all commissions due to Employee as of the date of termination. If the unrecouped balance of all advances paid to Employee is greater than the commissions due, Employee shall promptly repay the difference to Employer.
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