Heavenly Homes Sales Manager Contract

Sales Manager Agreement

FOR UNITED STATES RESIDENTS
As a new Sales Manager, ________________________ (referred to as Manager, I or Me) understands and agrees with Heavenly Homes (referred to as “Heavenly Homes or the Company”), that our relationship will be governed by the terms of this Agreement as follows:

1. Definition of this Agreement. As a Sales Manager I understand that I am responsible for the means and methods by which I make sales. I also understand that I must comply with the Company’s Policies and the Company’s Payment Plan. To the extent not reflected in this document, my agreement with Heavenly Homes also requires me to employ integrity, honesty and responsibility in my behavior and actions with Heavenly Homes, their customers and my fellow Sales Managers, including and without limitation, presenting and promoting Heavenly Homes products in a truthful manner. All of the duties and obligations reflected in this document constitute my agreement with Heavenly Homes (referred to as “this Agreement”).
2. Independent Contractor Status. I am entering this Agreement as an independent contractor and not an employee of Heavenly Homes. I will be solely responsible for paying all expenses incurred by me, including but not limited to travel, food, lodging, secretarial, office, and long-distance telephone and other expenses. I will have and maintain control of the manner and means of my performance under this Agreement and will not be treated as an employee with respect to any services for federal or state tax purposes. The Company is not responsible for withholding, and shall not withhold or deduct from my payment plan amounts, if any, FICA or taxes of any kind, unless such withholding becomes legally required. I will be responsible for payment of all applicable income, self-employment and other taxes. I will not be eligible for and will not participate in any pension, or fringe benefit plan sponsored by Heavenly Homes and will not be covered by its workers’ compensation or unemployment insurance or retained coverage. I am not entering into a partnership or joint venture with Heavenly Homes, nor will I have power of authority to incur any debt, obligation or liability on its behalf.
3. Products from Heavenly Homes. New Sales Managers are not required to purchase any sales or marketing materials. Heavenly Homes as provided a comprehensive website for you to use when selling to potential clients. Business cards and brochures are available for purchase, at Heavenly Homes’ cost, if desired. These additional tools will be very valuable to those trying to promote a larger level of business and thus having the tools to provide a professional first impression. As a Sales Manager you will only be responsible for the promotion of Heavenly Homes as a Home Designer, Home Builder and Home Remodeler throughout your community. Once interest in Heavenly Homes as been attained, the potential client will be turned over to Heavenly Homes to complete the sales process.
4. Referral Fee terms and Payment. As a Sales Manager you will be entitled to receive 3% of the total contract sum for either New Home Construction or Home Remodeling services. For New Home Construction, the payment shall be dispersed in draws as Heavenly Homes receives its construction draws: 1% slab pour, 1% frame completion and 1% at trim and cabinets. For Remodeling services, payment shall be dispersed in draws based on level of completion as Heavenly Homes receives it’s draws for level of completion: 1.5% at 50% complete and 1.5% upon project completion.
5. Services to be Performed by Sales Manager. I will promote and sell Heavenly Homes personally by searching out and actively talking to those in and around my community about the many accomplishments obtained Heavenly Homes, the level of craftsmanship used in Heavenly Homes and the ability to meet any budget on new homes starting at $150k. I will promote this combination of quality, style, and value that has made Heavenly Homes one of the “Top Builders in Houston.” Conducting Heavenly Homes Parties, Benefits or showings are also encouraged.
6. Use of Heavenly Homes Intellectual Property. I acknowledge that, upon Heavenly Homes’ acceptance of the Agreement, Heavenly Homes has granted me a limited, non-exclusive license to use its trademarks, service marks, trade names, patents and copyrighted materials (“Heavenly Homes Intellectual Property”), all of which is owned solely by Heavenly Homes and that my use of Heavenly Homes Intellectual Property is strictly limited by the use to promote Heavenly Homes and Heavenly Designs. Examples of Heavenly Homes Intellectual Property include, but are not limited to the Heavenly Homes logo. I may use Heavenly Homes Intellectual Property only (a) after obtaining written permission from Heavenly Homes prior to use, or (b) where the Heavenly Homes Intellectual Property appears on materials distributed by Heavenly Homes for use by Sales Managers. I agree to use only written, recorded or other promotional or advertising materials that have been produced, distributed and approved in writing by Heavenly Homes. All rights and licenses granted in or under this Agreement shall terminate automatically upon the termination of this Agreement.
7. Sale of Other Products. I understand that I may not market, sell, offer for sale to anyone, or promote any ancillary products related to Heavenly Homes other than those created by Heavenly Homes unless approved in writing by Heavenly Homes.
8. Termination of this Agreement.
a. Termination without Cause. This Agreement is effective from the date of acceptance by Heavenly Homes and will terminate in one year unless a Sales Manager renews this Agreement in the terms set out in the Policy and Procedures Guide. We may terminate the Heavenly Homes Independent Sales Manager Agreement with any Sales Manager at any time and for any reason by notifying you in writing of our election to terminate.
b. With Cause. Heavenly Homes may immediately terminate this Agreement without notice in the event of my death, insolvency, assignment for the benefit of creditors, or misrepresentation in or breach of any provision of this Agreement, as herein defined. If you are terminated by the Company for cause, we reserve the right to reject any future re-application by you.
9. Events upon Termination of this Agreement. Upon termination of this Agreement,
a. I will (i) cease representing myself as a Sales Manager of Heavenly Homes; and (iii) be ineligible to receive any unaccrued compensation or benefits as a Sales Manager.
b. I will cease all use of Heavenly Homes Intellectual Property and Confidential Information and will cease holding presentations or otherwise displaying, offering for sale or selling Heavenly Homes Products. If requested by Heavenly Homes, I will return all Confidential Information to Heavenly Homes.
10. Transferability. Neither this Agreement nor my Heavenly Homes business may be transferred or assigned by me or operated in partnership with any other person. Heavenly Homes may assign this Agreement at any time.
11. Entire Agreements, Amendments: This Agreement supersedes all prior communications, understandings and agreements between the parties and contains the entire agreement between the parties relating to its subject matter. Heavenly Homes may amend this Agreement without prior notice, at any time, effective upon publication or transmittal of such amendment in official company publications, literature or voicemail as applicable. In the event of any conflict between the terms of this Agreement or any other document and such amendment, the amendment shall control.
12. Indemnification/Offset. I will indemnify and hold harmless Heavenly Homes and its agents and assigns from and against any damages, claims or liabilities and expenses (including attorneys’ fees) incident to my: (a) activities as a Sales Manager including, without limitation, any unauthorized representations made by me; (b) breach of the terms of this Agreement; or (c) violation of or failure to comply with any applicable federal, state or local laws or regulations.
13. Cumulative Remedies/Waiver. All rights, powers and remedies given to Heavenly Homes are cumulative, not exclusive and in addition to any and all other rights and remedies provided by law. No failure or delay of Heavenly Homes to exercise any power or right under this Agreement or to insist upon strict compliance by me with any obligation or provision shall constitute a waiver of Heavenly Homes’ right to demand exact compliance therewith. Waiver by Heavenly Homes can be effective only in writing by an authorized officer of Heavenly Homes.
14. Injunctive Relief. Upon any breach of this Agreement by Me, Heavenly Homes will be immediately and irreparably harmed and cannot be made whole solely by monetary damages. Because the remedy at law for any breach of any provision of this Agreement shall be inadequate, in addition to any other remedies in law or in equity that it may have, Heavenly Homes shall be entitled, without the necessity of proving actual damages, to temporary and permanent injunctive relief to prevent the breach of any provision of this Agreement and/or to compel specific performance of this Agreement. In addition, Heavenly Homes shall be entitled to its costs and expenses, including reasonable attorneys’ fees, in enforcing its rights under this Agreement.
15. Other Terms.
a. I have full legal capacity to enter into this Agreement in the state in which I reside. I agree to comply with all laws, rules and regulations governing the conduct of my business.
b. If any portion of this Agreement is judicially determined to be invalid, that invalidity will not affect the remaining portion of this Agreement.
c. All written notices required by this Agreement to be given to me will be deemed received if delivered to my most current address on file with Heavenly Homes.
16. Governing Law/Venue/Arbitration. This Agreement is entered into and is to be performed in material part in the State of Texas and accordingly is subject to and will be construed under the substantive laws of the State of Texas. Rules governing conflicts of laws for all states do not apply. Except as set forth in the Policies & Procedures guide, any claims or actions arising out of this Agreement will be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and all arbitration hearings will be held in Texas. The party that prevails at arbitration will be entitled to reimbursement by the other party of its costs and expenses incurred in the arbitration, including without limitation the prevailing party’s reasonable attorneys’ fees.

I acknowledge that I have read, understand, and agree to the terms set forth in this Sales Manager Agreement. I am 18 years of age or older, I am a citizen or permanent resident of the United States, and I have a valid Social Security number.

Heavenly Homes Opportunity

The Heavenly Homes Opportunity

Hello everyone,
I am writing to give all of my friends, family and anyone else who would like some extra income, an opportunity to make A LOT of money with very little effort. I will do my best not to sound like a infomercial but this opportunity could double the income you are making now with just a few hours of work, if you can even call it that. This opportunity could also be for those of you who are looking to make some money while staying at home and raising your family. Any other part-time opportunity simply cannot compare to this one on overall income potential or the amount of work necessary to make that income a reality.

For those of you who don't know me, my name is Rory Caton. I am the owner of Heavenly Homes and Heavenly Designs located here in Houston, Texas. We Design and Build homes from the mid $100k’s to well over $1M. The opportunity I would like to share with you is how to become a "Personal Heavenly Homes Sales Manager." If you are looking for extra income to help pay for your kid's college, buy a new car, pay down you morgage, or simply want to have a little extra spending money, this opportunity is for you.

The Way

So, if you are still reading this I assume you would not mind some additional income for your family. Now let me tell you how you can make that income a reality.

I know that most of us have felt the impact of the recession either directly or indirectly through other friends and family. So I would like to give everyone an opportunity to jump start their total income through the increasing demand for new homes in the Houston area. I have talked casually about this opportunity to several of you and now want to make it completely clear and in writing what this opportunity entails. I am preparing a contract stating that I will pay you to refer potential clients to me. Yes, it is that simple. Many of you already know of someone directly or indirectly who is thinking about building or designing a new home. All you have to do is learn a little about my company by viewing my website, http://www.heavenly-homes.com/, ask me any questions you may have and then refer those people to me. I will take care of it from there by giving them our award winning Design/Build services from start to finish. If they sign a contract to build a home with Heavenly Homes I will pay you 3% of the contract amount. You do not need a real estate licence to "refer" people to me and you will not be handling any of the contract documents. So all you have to do to earn this paycheck is get information about Heavenly Homes to everyone you know. Like I said, hardly work at all.

Let me put that number in perspective: The most inexpensive home we have built was around $150k, that would be a $4,500 commission for you. Not too bad for less than an hours worth of work. However, over the past several years most of the homes we built have been in the $400k-$800k range. That would be a $12,000 to $24,000 commission for you! How does a new car sound for an hour's worth of work!?

The Reasons

Many of you have seen my homes in person, some have viewed them on our Website and others are living in a Heavenly Homes. But for those of you who have not heard of Heavenly Homes here are some of the top reasons why you should want to be a "Personal Heavenly Homes Sales Manager:"

One: We are in our eighth year of business and have successfully made it through the difficult housing market for the past few years which has put hundreds of builders across Houston out of business. We are NOT a fly-by-night builder who has only recently started a company to make money. We are passionate about what we do and the product we create.

Two: The National Housing market is picking up steam and it is no different here in Houston. Throughout the recession Houston and all other major cities in Texas were in the top 10 “Recession Proof” cities throughout the Nation. Houston’s Housing Market has already started to dramatically improve and I believe this summer we will begin to see an acceleration in the new-home starts throughout the Houston area.

Three: Heavenly Homes has been rated “Top 60 Builder’s in Houston” by H-Texas magazine 3 years in a row. In 2009 Heavenly Homes was ranked “Top 10 Green Home Builders” and in 2010 “Top 25 Home Builders” by the Houston Business Journal. These are only some of the awards we have won.

Four: Because Heavenly Homes is one of the few award-winning builders that has made it through the recession, we are now in a perfect position to increase our sales to those looking for an award-winning home in any price range, throughout the Houston area.

Where you come in

I am not asking you to sell a product that is unproven or of low quality, this is an easy sale. I also am not trying to toot my own horn when I tell you about all the awards we have won, I only want you to see that there are a lot of normal and average builders out there and that Heavenly Homes is not one of them. We are recognized as one of the top builders in the city and I am giving you the opportunity to make additional income off the name I have spent years creating. This is an innovative sales model in the housing market and I believe I am the first to make such an offer official. So as of right now you have an entire city of people wanting to build a new home and no other builder marketing directly to them, person to person. I hope you see this for the huge opportunity that it is and will take advantage of my offer. The sooner you respond the sooner you can be laying on a beach in Cancun. (That will be the reward for each year's top sales person!) Increased income, paid vacations and NO personal risk, what reasons are there not to join the Heavenly Homes team?! I look forward to hearing from you soon!

Please respond to rory@heavenly-homes.com if you have any other questions or if you would like to become a member of the Heavenly Homes/Heavenly Designs marketing team.

Sincerely,

Rory Caton
President – Heavenly Homes

"Our Heart is in Your Home"