This sales commission agreement is entered into by and between Internet Marketing Services, and [Representative FirstName][Representative Name]​, “Representative.” The purpose of this agreement is to document the sales commission structure that will govern compensation for goods or services sold by the Representative on behalf of Internet Marketing Services.  

Territory - Any Representative of Internet Marketing Services may sell advertising on any of the promotional websites built and maintained by Internet Marketing Services. Any Representative of Internet Marketing Services may sell any and/or all of other goods and services offered by Internet Marketing Services.

Authorization - This sales commission agreement serves as authorization for the Representative to sell advertising, goods or services on behalf of Internet Marketing Services. These rights are non-transferable and non-exclusive. The Representative agrees to sell goods and services under the Internet Marketing Services brands. Goods or services may not be rebranded for any reason.​ The Representative agrees to abide by the Internet Marketing Services pricing policies. The Representative shall not offer discounts without the Internet Marketing Services’s written approval. 

Non-Compete‌‌ - The Representative acknowledges that over the duration of the Agreement, they may become familiar with confidential information regarding Internet Marketing Services.

Therefore, during the term of this contract and for a period of 3 years after the end of this Agreement, the Representative agrees that they will not, in any way, be involved in the operations of a business that is considered to be in competition with the Internet Marketing Services’s current products and/or business.

Non-Disclosure - The Representative shall act in the best interests of the Internet Marketing Services in regard to confidential information and intellectual property at all times. This includes refraining from disclosing any information deemed proprietary, sensitive, or confidential to any third party. 

The Representative acknowledges and agrees that the names, addresses and email addresses of the Internet Marketing Services customers constitute trade secrets of the Internet Marketing Services and that the sale or unauthorized use or disclosure of any of the Internet Marketing Services trade secrets by the Representative constitutes unfair competition. The Representative promises not to use or disclose any of the Internet Marketing Services trade secrets or otherwise engage in any unfair competition with the Internet Marketing Services.

Product Image - The Representative shall not do or permit anything to be done to prejudice the market image of Internet Marketing Services business, promotional websites and/or other products sold.

Summary Termination of Selling Rights - If the Representative breaks any terms of this Selling Agreement, Internet Marketing Services may summarily terminate the selling rights on notice to the Representative in writing via email.

Termination of Consequences - On termination of the selling rights for any reason, the Representative shall immediately cease to describe themself as an authorized sales agent of Internet Marketing Services and immediately cease selling any and all offerings by Internet Marketing Services.

Assignment - The Representative shall not assign the benefit of this agreement without the consent in writing of Internet Marketing Services, which consent may be with-held without good reason.

Responsibilities of the Representative‌ - Internet Marketing Services requires that the Representative meets a minimum sales quota of one new advertising client per year to stay active as a Representative. Quotas are established at the sole discretion of Internet Marketing Services , as outlined in this Agreement. If the Representative doesn’t meet sales quotas this Agreement may be terminated.

Commission Structure - The Representative may earn compensation in different ways based on their performance.

Sales Commission‌ - The Representative earns a percentage of the sale of advertising on the promotional websites of Internet Marketing Services and on other goods and services offered by Internet Marketing Services.The Representative will be entitled to the compensation earned prior to the date of termination. The Representative will be entitled to no compensation beyond the date of termination.

Paying Back Commissions to Internet Marketing Services - The Representative is subject to paying back commission on any items that a customer returns or cancels for any reason. Owed commission paybacks are calculated and taken out of the Representative’s current month earned commissions.

Terms and Conditions‌ - If Internet Marketing Services needs to make adjustments or additions to the pay structure outlined in the Agreement, they must make an amendment to the document that both Internet Marketing Services and Representative agree to in writing. 

‌Furthermore, the Representative agrees that this contract does not imply any definite length of the right to sell with Internet Marketing Services. The Representative and Internet Marketing Services each maintain the right to terminate this agreement at any time without cause or notice required. The Representative understands that any commission for sales they are in the process of completing shall not be paid after the date of termination.

Miscellaneous - In this agreement the singular includes the plural and the masculine includes the feminine and neuter and vice versa unless the context otherwise requires. The capitalized headings of this agreement are only for convenience of reference and do not form part of or effect the interpretation of this agreement. If provision or any part of provision in this agreemetn is void for any reason, it shall be severed without affecting the validity of the balance of the agreement.

There are no representations, warranties, conditions, terrms or collateral contracts affecting the agreement. Nothing in this agrement is intended to constitute a partnership, ownership or master and servant relationship between the parties.

Independent Contractors - The relationship between both parties established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to give either party the power to direct and control the day-to-day activities of the other.

Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such relationship upon either party.

Notices - Any notice required or permitted by this Agreement shall be deemed given if sent by email.

Arbitration - Any dispute relating to the interpretation or performance of this Agreement shall be resolved at the request of either party through binding arbitration. Arbitration shall be conducted in Mohave County, Arizona in accordance with the then-existing rules of the American Arbitration Association. Judgment upon any award by the arbitrators may be entered by any state or federal court having jurisdiction. Both parties intend that this Agreement to arbitrate be irrevocable.