This consulting agreement with sharing of software revenues template has 6 pages and is a MS Word file type listed under our software & technology documents.
Sample of our consulting agreement with sharing of software revenues template:
CONSULTING AGREEMENT WITH SHARING OF SOFTWARE REVENUES This Consulting Agreement (the "Agreement") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [CONSULTANT NAME] (the "Consultant"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS WHEREAS, the Company is in the business of developing and marketing software and possesses the rights to develop, market, and otherwise exploit a computer program to be used by [DESCRIBE] for the purposes of [DESCRIBE] (the "Product"). WHEREAS, the Consultant specializes in the production of custom computer software packages in the [SPECIFY] industry. WHEREAS, the Company is desirous of engaging the Consultant, and the Consultant is willing to accept such engagement, to provide consulting and other services to the Company in connection with the development of the Product. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending, to be legally bound, agree as follows: Employment The Company agrees to employ the Consultant, and the Consultant hereby agrees to accept such employment, upon the terms and conditions set forth in this Agreement. Term Subject to earlier termination as hereinafter provided, the term of the Consultant's employment hereunder (the "Term") shall commence on the date hereof, shall terminate on [DATE] and shall be automatically renewed from year to year thereafter unless either party gives at least [NUMBER] days prior written notice of termination. Duties During the Term the Consultant shall perform the development, maintenance, support and consulting services with regard to the Product as are specified on Schedule A attached hereto (the "Services") at times mutually agreed to by the Company and the Consultant. The Consultant shall at all times provide the services of the Project Manager ("Project Manager") who shall maintain direct management responsibility for the performance by the Consultant of the Services. The Consultant shall also provide such programmers and other Consultant Personnel (as hereinafter defined) as may be required to fulfill its obligations hereunder and as may be reasonably acceptable to the Company. The Consultant shall keep the Project Manager and other Consultant Personnel reasonably available to the Company during the Term and shall perform the Services in a timely, professional manner. Compensation For all Services rendered hereunder, the Company shall pay the Consultant a maximum consulting fee of [AMOUNT] during the Term payable weekly in arrears on the basis of [AMOUNT] per man-hour of Consultant Personnel time during the preceding week. The Consultant shall also be entitled to receive a [%] share of the Net Profits attributable to the Product (the "Profit Share"). Net Profits shall be defined as all revenues generated from the Product and actually received by the Company less sales commissions and expenses, consulting fees, costs of development, marketing and production of the Product, administrative expenses and other overhead charges attributable thereto, interest expense in connection with financing of the Product and provision for income taxes with relation to Product revenues. The Consultant shall maintain complete and accurate records of man-hours spent by the Consultant Personnel in connection with the performance of the Services and shall provide the Company with a statement at the end of each week detailing the Services rendered and the man-hours spent during the week then ended. The Profit Share shall be payable by the Company within [NUMBER] days after the end of each quarter during the Term on the basis of Net Profits attributable to the Product during the quarter then ended. Each payment of the Profit Share shall be accompanied by a statement outlining the manner in which such payment was calculated. The Consultant shall have the right, at its sole cost and expense, to cause an independent certified public accounting firm reasonably acceptable to the Company to examine the Company's books and records (but only to the extent relevant to inquiry under this Paragraph 4(d)) during business hours, but not more than once a year, in order to verify the accuracy of the Company's calculation of the Consultant's Profit Share. Such accounting firm shall not disclose to the Consultant any information other than the verification of the accuracy of the payments of the Profit Share hereunder. Proprietary Information The Consultant acknowledges that during its employment by the Company it will or may be given access to information, including, without limitation, source code, object code, algorithms, programs, computer routines, documentation, flow charts, diagrams, internal specifications, data, data bases, marketing plans and all work product developed or under development by the Consultant or the Company during the Term, which are confidential and proprietary to the Company (collectively, "Proprietary Information"). The Consultant agrees to use reasonable care to safeguard the Proprietary Information and to prevent the unauthorized use or disclosure thereof by it or any of the Consultant's Personnel. Non-Disclosure Either during or after the Term, the Consultant will not disclose to anyone outside of the Company nor use in other than the Company's business and on the Company's behalf, except with the prior written permission of the Company, any invention, trade secret, work of authorship, Proprietary Information or proprietary thing that relates in any manner to the Product or any of the Company's actual or anticipated business, research, development product, device or activity or that is received in confidence by or for the Company from any other person. The Consultant shall disclose or give access to Proprietary Information only to partners, principals, agents, contractors or employees of the Consultant ("Consultant Personnel") having a need-to-know in connection with the performance of the Services hereunder, and only for use in connection therewith, and only with the prior written consent of the Company. The Consultant will advise all Consultant Personnel having access to Proprietary Information of the confidential and proprietary nature thereof and shall require all Consultant Personnel to execute an agreement in the form of Schedule B attached hereto prior to gaining access to the Proprietary Information. The Consultant agrees promptly to furnish to the Company an original execution copy of each such agreement signed by all Consultant Personnel. Reproduction of Notices Any copies or reproductions of the Proprietary Information shall bear the patent, copyright, trademark or proprietary notices contained in the original. Return of Proprietary Information Upon termination of this Agreement, the Consultant shall return to the Company any and all Proprietary Information (including any copies or reproductions thereof) in its possession or control and shall cease using any of such Proprietary Information. Notice of Unauthorized Disclosure The Consultant shall promptly advise the Company in writing if it learns of any unauthorized use or disclosure of Proprietary Information by any current or former Consultant Personnel or any other third party. Assignment of Rights
