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.