5. This Agreement shall not create a partnership, joint venture, agency,
employer/employee or similar relationship between Company and Sales
Representative. Sales Representative shall be an independent contractor.
Company shall not be required to withhold any amounts for state or federal
income tax or for FICA taxes from sums becoming due to Sales Representative
under this Agreement. Sales Representative shall not be considered an
employee of 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. Sales Representative shall be free to utilize his / her time, energy
and skill in such manner as he / she deems advisable to the extent
that he / she is not otherwise obligated under this Agreement.
6. Sales Representative shall bear any and all costs or expenses incurred by
Sales Representative to perform his obligation under this Agreement, including,
but not limited to, vehicle insurance, travel expenses and telephone expenses.
7. The rights and duties of Sales Representative under this Agreement are
personal and may not be assigned or delegated without prior written consent of
Company.
8. Sales Representative is not authorized to extend any warranty or
guarantee or to make representations or claims with respect to Company’s
products and services without express written authorization from Company.
9. Sales Representative shall indemnify and hold Company harmless of and
from any and all claims or liability arising as a result of negligent, intentional or
other acts of Sales Representative or his agent or representatives.
10. Company shall indemnify and hold Sales Representative harmless of and
from any and all liability attributable solely to the negligent,
intentional or other acts of Company or its employees.
11. This agreement, and all transactions contemplated hereby, shall be
governed by, construed and enforced in accordance with the laws of the
State of Georgia. The Parties herein waive trial by jury and agree to
submit to the personal jurisdiction and venue of a court of subject matter
jurisdiction located in Fulton County, State of Georgia. In the event that litigation
results from or arises out of this Agreement or the performance thereof, the
Parties agree to reimburse the prevailing party’s reasonable attorney’s fees,
court costs, and all other expenses, whether or not taxable by the court as costs,
in addition to any other relief to which the prevailing party may be entitled. In
such event, no action shall be entertained by said court or any court of
competent jurisdiction if filed more than one year subsequent to the date the
cause(s) of action actually occurred.
12. 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 in the Sales Representative application via
13. This Agreement contains the entire agreement between the parties and any
representation, promise or condition not incorporated herein shall not be binding
upon either party.You hereby agree to all terms and conditions of this agreement
by completing the Sales Representative application and providing your contact