This services agreement with royalties or commission template has 9 pages and is a MS Word file type listed under our consultant & contractors documents.
Sample of our services agreement with royalties or commission template:
SERVICES AGREEMENT This Services Agreement (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Company"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SERVICE PROVIDER] (the "Service Provider"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS: The Client wishes to retain Provider to provide certain [SPECIFY] [DESCRIPTION] services on the terms and conditions hereinafter set forth. Provider wishes to provide such services to the Client on such terms and conditions. NOW THEREFORE in consideration of the premises, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: SERVICES TO BE PROVIDED Provider agrees to provide to the Client the services set out in Schedule "A" hereto (the "Services"). Provider agrees and undertakes to perform the Services in a timely fashion with all due skill, competence and diligence. Subject to the provisions of Section 7 hereof, Provider agrees that the Client shall have, at all reasonable times, access to the work product, or any component thereof, which Provider produces in performing the Services. COMPENSATION The Client shall pay Provider for the Services, and shall earn remuneration [SPECIFY] [e.g. fees/ commissions/ royalties on the basis of gross revenue generated by use of the Services, etc.] in accordance with the terms set out in Schedule "B" hereto. TERM AND TERMINATION The initial term of this Agreement ("Term") shall be for a period of [NUMBER] years beginning on [DATE] and terminating on [DATE], unless terminated earlier in accordance with the provisions hereof. The Term shall be automatically renewed for successive [NUMBER] year periods unless a party sends a written notice of non-renewal to the other party no later than [NUMBER] days prior to the expiry of the Term, or of any renewal term, as the case may be. This Agreement may be terminated by the Client without notice upon the occurrence of an event of default. Each of the following constitutes an event of default for the purposes of this Agreement: if Provider commits any material dishonest or fraudulent act in the performance of any of its obligations hereunder or any material misrepresentation hereunder; if Provider persistently fails to perform the Services as required hereunder; or if Provider otherwise fails to perform or comply with any material term, condition or covenant of this Agreement; This Agreement may be terminated for any reason at any time by either the Client or Provider giving the other party [NUMBER] days' written notice of termination, [it being understood and agreed that Provider shall not be entitled to terminate this Agreement pursuant to this paragraph 3(c) during the initial one-year Term]. Provider shall forthwith upon termination return to the Client all confidential data embodied or recorded in tangible form, which is in its possession. [Upon the termination of this Agreement, royalties due to the Client in virtue of gross revenue generated by use of the Services shall survive and be paid as set forth in Schedule "B" hereto.] STATUS It is understood and agreed that this is an agreement for the performance of services and that the relationship of the parties to each other is that of independent contractors. No agency or partnership is created by this agreement. [Provider shall not hold itself out as or represent itself to be an agent of the Client]. Provider shall not be entitled to any remuneration, rights or benefits other than as set forth in this Agreement and in Schedule "B" hereto, unless otherwise agreed in writing by both parties hereto. Provider shall comply with all applicable statutes, [YOUR COUNTRY LAW], ordinances and regulations governing the performance of the Services. CONFIDENTIALITY AND EXCLUSIVITY Each party shall take all reasonable action and shall take at least the same precautions as it takes to prevent the disclosure of its own confidential information, to prevent the disclosure to third parties of the Confidential Information. Each party shall only have the right to disclose the Confidential Information to its officers, directors, employees, agents and consultants for the purposes authorized herein. Each party shall, prior to disclosing the Confidential Information or portion thereof to any such person, issue appropriate instructions to them to ensure that such persons are aware of their obligation to comply with the confidentiality and use obligations and restrictions contained in this Agreement. If each party has taken all such reasonable steps it shall not be responsible if such Confidential Information or any part thereof should be divulged to any third party by reason of honest mistake or dishonest appropriation by any of each party's agents or employees. For the purposes of this Section 5, "Confidential Information" means all confidential business data and information provided by a Party hereunder provided, however, that all Confidential Information that is delivered to either Party in writing shall bear an appropriate legend such as "Confidential" and all Confidential Information that is orally shared shall be identified to the other party in a written summary within [NUMBER] days following its oral disclosure. Failure to mark documents with an appropriate legend or the failure to identify orally disclosed information as "confidential" within [NUMBER] days following its oral disclosure shall be conclusive that the Disclosing Party has waived any restrictions with respect thereto. Confidential Information shall not include any data or information which: is or becomes publicly available through no fault of the disclosing party; is already in the rightful possession of the disclosing party prior to its disclosure to that party; is independently developed by the disclosing party; is rightfully obtained by the disclosing party from a third party; is disclosed with the written consent of the other party; or is disclosed pursuant to court order or other legal compulsion. Provider hereby covenants and agrees with the Client that throughout the Term and any renewal period, it shall not either by itself or in partnership, contract or association with any other person, as principal, agent, shareholder or in any other capacity whatsoever, directly or indirectly, offer to provide the Services to [DESCRIBE RESTRICTED PERSONS, CLIENTELE] within [COUNTRY]. Provider and the Client hereby acknowledge and agree that: the confidentiality and exclusivity covenants set forth in this Section 6 are reasonable in the circumstances and are necessary to protect the interests of the Client and Provider; and in addition to the right of the Client or Provider to claim damages, the breach by Provider and the Client of any of the confidentiality and exclusivity covenants set forth in this Section 5, as the case may be, may cause serious and irreparable harm to the Client or Provider, as the case may be, and in the event of a breach by either party (a "Party in Breach") of any of these provisions, notwithstanding any other provision of this Agreement, the other party (the "Aggrieved Party") shall be entitled, as a matter of right, to seek an injunction against the Party in Breach. The provisions of this paragraph shall not be construed so as to be in derogation or limitation of any other remedy, which the Aggrieved Party may have in the event of such a breach. The provisions of paragraphs 5(a) and 5(c) above shall survive the termination of this Agreement.
