INDEPENDENT
CONTRACTOR
AGREEMENT
This Agreement (the "Agreement") is made on _________________, by and between Green
World Pro Energy, (the "Company"), located at 15035 Oxnard St., #100, Van Nuys, California
91411 in the County of Los Angeles, and _______________________(the "Independent
Contractor"
or "Contractor") located
at
_________________________________________________________________________
RECITALS
The Independent Contractor is secured to provide the services described below at the
Company's principal place of business as aforementioned, or from the Contractor's principal
place of business, if applicable, as aforementioned. The Independent Contractor represent that
s/he has complied with all Federal, State and local laws regarding business permits, licenses,
reporting requirements, tax withholding requirements, and other legal requirements of any kind
that may be required to carry out said business and the Scope of Work which is to be performed
as
an Independent Contractor pursuant to this Agreement, and as such, provides his/her
Employer
Tax ID Number _____________________
OR
Social
Security Number ______________________
The Independent Contractor is or shall remain open to conducting similar tasks or service as for
the Company, which may not be listed or described below, or for entities other than the
Company
and thus holds himself or herself out to the public to be a separate business entity.
The Company desires to hire and contract the services of the Independent Contractor to
perform those tasks as set forth herein. The Independent Contractor assents to this Agreement
and to act and perform as an independent contractor for the Company and is thus willing to do
so
on the terms and conditions as set forth herein.
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and
conditions
contained within this Agreement, the Parties agree as follows:
INDEPENDENT
CONTRACTORREPRESENTATION
The implementation of this Agreement does not constitute a hiring by either party. It is therefore
the intention of the parties that the Independent Contractor shall maintain an independent
contractor status and shall not be considered an employee for any purposes, including, but not
limited to, the application of the Federal Insurance Contribution Act, Social Security Act, Federal
Unemployment Tax Act, provisions of the Federal Internal Revenue Code, State Revenue and
Taxation Code relating to income tax withholding, Workers' Compensation Insurance and other
benefit
payments and third party liability claims.
Therefore, staying within the Scope of Work, the Independent Contractor shall retain sole and
absolute discretion in the manner and means for the carrying out of his/her activities and
responsibilities contained herein this Agreement. This Agreement shall not be construed or
considered to be a partnership or joint venture, and the Company shall not be held liable for any
obligations incurred by the Independent Contractor, unless otherwise specifically authorized as
such in writing. The Independent Contractor shall not act as an agent or representative of the
Company, superficially or otherwise, nor bind the Company in any manner, unless specifically
authorized
to do so in writing.
RESPONSIBILITIES,
DUTIES,ANDSCOPEOFWORK
The Independent Contractor herein agrees to devote the necessary amount of time, energy and
attention required to satisfactorily complete, conclude and/or archive the following
duties/responsibilities: of a “at home telemarketer” This shall include tracking their own leads
and
performance.
It is expected that the above detailed services, tasks, and responsibilities shall be completed in
a
timely manner, barring any reasonably unforeseeable circumstances.
FURTHERMORE
, the Independent Contractor shall perform all responsibilities and duties that
may be associated within the Scope of Work set for above, including, but not limited to, work
which may already be in progress or any related change orders. The Independent Contractor
shall have full discretion within the Scope of Work but s hall not engage in any activity which is
not
expressly set forth by this Agreement without first obtaining prior written authorization.
WORK
SCHEDULE
The
Independent Contractor shall be responsible to the owner(s) and/or manager of the
Company.
Any directions or advice provided to the Independent Contractor regarding the Scope of Work
shall
be considered a suggestion only and not an instruction.
Compensation
terms:
$100
for every “Live Transfer Confirmed” appointment
Said compensation shall become due and payable to the Independent Contractor upon receipt
of
an invoice by the Company and payable pursuant to the following schedule and method:
Compensation Schedule: Weekly Compensation Method: PayPal every Friday for previous
week
performance/result.
TAX
WITHHOLDING
The Independent Contractor acknowledges and recognized that it shall complete and return to
the Company an IRS Form 1099 and related tax statements, and shall be required by law to file
corporate and/or individual tax returns, and to pay said taxes pursuant to all provisions of
applicable Federal, State and Local laws. The Independent Contractor herein pledges and
agrees to indemnify the Company for any damages or expenses, including any related
attorney's fees, and legal expenses incurred by the Company because of Independent
Contractor's failure to make such required payments. Upon the Company's reasonable request,
the
Independent Contract shall provide proof of required tax payments.
NONDISCLOSURE
ANDNONCOMPETE
Representation
andWarranties
The Independent Contractor represents and warrants that his/her relationship with the Company
will not cause or require that s/he breach any obligation to the agreement of or confidence
related to any confidential, trade secret and/or proprietary information of any other person,
company, or entity. Furthermore, the Independent Contractor acknowledges that a condition of
the relationship is s/he has not brought and will not bring or use in the performance of his or her
duties at the premises of the Company any proprietary or confidential information, whether in
writing, of a former contracted company without that company's written permission or
authorization. The breach of this condition shall result in automatic termination of the
relationship as of the time of the occurring breach. Except as otherwise noted on the back of the
signature page hereof, there are no inventions heretofore made or conceived by the
Independent Contractor that the Independent Contractor deems to be excluded from the scope
of this Agreement and Independent Contractor hereby releases the Company from any and all
claims by the Independent Contractor by reason of any use by Company from any invention
heretofore
made or conceived by the Independent Contractor.
Non-Partnership
orOwnershipClause
Neither the Independent Contractor nor any of his/her representatives, agents or principals shall
become or be considered an owner, partner, joint venture with or agent of the Company or any
of its subsidiaries, affiliates or related companies or businesses by reason of this Agreement or
their relationship with the Company unless otherwise declared or stipulated in a separate written
agreement that has be signed and dated by all parties. Neither the Company, Independent
Contractor nor any representative, agent, principal, officer, or anyone who may be retained by
the Independent Contractor shall have any authority to bind the other in any respect unless
otherwise set forth in a separate written agreement which has been signed and dated by all
parties.
EXECUTION
During and throughout the course of employment by the Company, and upon the request of and
without any compensation other than that which is herein contained and provided, but at no
expense to the Independent Contractor, the Independent Contractor shall execute any
documents and take action which the Company may deem necessary or appropriate to ensure
the implementation of all the provisions of this Agreement, including without limitation, assisting
the Company in obtaining and/or maintaining any patents, copyrights or similar rights to any
Proprietary
Information assigned and allocated to the Company.
The Independent Contractor further agrees that the obligations and undertakings herein stated
within this section shall continue beyond termination of employment for any reason by the
Company; however, should the Independent Contractor be called upon for any such assistance
after termination of employment, then the Independent Contractor s hall be entitled to fair and
reasonable payment in addition to reimbursement of any expenses which may have been
incurred
at the request of the Company.
TERM
ANDTERMINATIONOFAGREEMENT
This
Agreement shall be terminated at the discretion of the “COMPANY”
LICENSING
ANDWORKERS'COMPENSATION
COVERAGE
The Independent Contractor herein agrees to promptly provide to the Company proof of the
necessary licensing status that may be required to perform the Scope of Work in accordance
with the terms and conditions of this Agreement and Workers' Compensation C overage where
required
by law.
INDEPENDENT
CONTRACTOREMPLOYEES
All persons which have been hired by the Independent Contractor to assist in the performance
of the duties, tasks and responsibilities that are necessary to complete the Scope of Work, shall
be considered the employees of the Independent Contractor, unless otherwise specifically noted
in
an agreement signed by all parties.
NOTICES
All notices, which may be required hereunder by any party to the other party, shall be executed
by either personal delivery in writing, or by mail, registered or certified, postage prepaid with a
return receipt requested. Mailed notices must be addressed to the parties at the addresses
herein contained in this Agreement. However, each party may change their address, thus
requiring written notice of such change of address in accordance with this section. Any hand
delivered notice shall be deemed communicated as of actual receipt; mailed notices shall be
deemed communicated after five(5) days of mailing. The Independent Contractor herein agrees
to keep the Company informed of any change of business and/or mailing addresses, as well as
telephone, facsimile, email, pager number or any other relevant means of contact and
communication.
INJUNCTIVE
RELIEF
The Independent Contractor herein acknowledges (1) the unique nature of the protections and
provisions established and contained within this Agreement, (2) that the Company shall suffer
irreparable harm if the Independent Contractor should breach any of said protections or
provisions, and (3) that monetary damages would be inadequate to compensate the Company
for said breach. Therefore, should the independent Contractor cause a breach of any of the
provisions contained within this Agreement, and then the Company shall be entitled to injunctive
relief,
in addition to any other remedies at law or equity, to enforce such provisions.
INDEMNIFICATION
The Independent Contractor shall defend, indemnify, hold harmless, and insure the Company
from all potential damages, expenses or liabilities which may result from or arise out of any
negligence or misconduct on part of the Independent Contractor, or from any breach or default
of this Agreement which may be caused or occasioned by the acts of the Independent
Contractor. The Independent Contractor shall also insure that all its employees and affiliates
take all actions necessary to comply with all herein contained terms and conditions established
and
set forth in this Agreement.
ENTIRE
AGREEMENT
This Agreement shall be considered a separate and an independent document of which it shall
supersede all other Agreements, either oral or written, between the parties hereto, except for
any separately signed Confidentiality, Trade Secret, Non-Compete or Non-Disclosure
Agreements
to the extent that these terms are not in conflict with those set forth herein.
REPRESENTATION
All parties to this Agreement herein acknowledges that no representation, inducements,
promises or other agreements, orally or otherwise, have been made by any party hereto, or by
anyone acting on behalf of any party hereto, which are not included herein, and that no other
agreement, statement or promise not contained within this Agreement shall be valid or binding.
Any alteration or modification of this Agreement shall be effective only when done so in writing,
signed,
and dated by all parties hereto.
SERVABILITY
Should any term, condition, or provision of this Agreement be deemed or held to be invalid or
unenforceable for any reason, those remaining terms, conditions, and provisions shall remain
valid and enforceable. Should a court of law determine that any term, condition or provision of
this Agreement is invalid or unenforceable, but that by limiting such term, condition, or provision
it would become valid and enforceable, then such term, condition and/or provision shall be
deemed
to be written, construed, and enforced as so limited.
If any provision, clause, sentence, section, or other part of the Contract is held to be invalid,
illegal, inapplicable, unconstitutional, contrary to public policy, void or unenforceable in law to
any person or circumstance, the balance of the Agreement shall nevertheless remain in full
force and effect so long as the Purpose of the Agreement is not affected in any manner adverse
to
either party.
If either party fails to enforce any provision contained within this Agreement, it shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and compel strict
compliance
with every provision of this Agreement.
CONTINUING
EFFECTS
The Independent Contractor's obligations with regards to all trade secrets and confidential
information, shall continue to be in effect beyond the scope of the relationship as and said
obligations shall continue to be binding upon not only the Independent Contractor, but the
spouse, affiliates, assigns, heirs, executors, administrators and/o r other legal representatives
as
well.
COUNTERPARTS
This Agreement, at the discretion of the parties herein, may be executed in counterparts, each
of which shall be deemed an original and all of which together shall constitute a single
integrated
document.
MODIFICATIONS
All parties have the option to modify this Agreement, and as such may be modified in writing
and
executed by the party to this Agreement against whom such modification is sought.
DRAFTING
AMBIGUITIES
All parties to this Agreement have reviewed and had the opportunity to revise this Agreement,
have had the opportunity to have legal counsel review and or revise this Agreement. The rule of
construction that ambiguities are to be resolved against the drafting party shall not be employed
in
the interpretation of this Agreement or of any amendment s or exhibits to this Agreement.
AUTHORITY
ANDVENUE
This Agreement is to be construed pursuant to the current laws of the State of California.
Authority and venue for any claim arising out of this Agreement shall be made in the State of
California,
in the County of Los Angeles.
COPIES
Both the Independent Contractor and the Company hereby acknowledges that they have
received
a signed copy of this Agreement.
THE
UNDERSIGNEDHAVEREAD,UNDERSTAND,andACCEPTTHIS
AGREEMENT,
andbysigningthisAgreement,allpartiesagreetoallthe
term
ms,conditionsandpolicies.
GREEN
WORLD PRO ENERGY
(the
company)
First
Last*****topherGlenka
Today’s
date
Signature
__________________
(the
contractor)
First
Last________________
Today’s
date
Signature