I would like to know which tests that my small business (Fine
Enclosures, LLC, a Florida Corporation) needs to apply to ensure that
an independent contractor does not become an employee of the
corporation. The basic premises are:
We are creating a Sales Promotion Agreement between the corporation
and the ?Promoter?.
The corporation promotes, designs, and sells tempered glass enclosures
(Products) and imports and distributes the components and materials
related with such tempered glass enclosures.
The Promoter is interested in promoting sales of the Products and to
provide measurement and other related services in connection with the
promotion of the Products in the Territory.
Company and Promoter agree to enter into a mutually profitable
relation whereby Company shall design and sell the Products and
Promoter shall promote the sale of the Products in the Territory under
the terms and conditions set forth in this Agreement.
The key points of the Agreement are:
o Promoter shall abstain from selling, marketing, publicizing or
promoting in any manner or form other products that are competitive
with the Products, which determination of such competitive products
shall remain the exclusive discretion of Company.
o Promoter will follow the marketing and sales guidelines defined by
the Corporation
o Promoter is an independent contractor and takes full responsibility
of his/her taxes, workers comp to his/her employees, transportation,
insurance and the payment for the Products delivered.
What are the conditions that need to be addressed in the agreement to
ensure that the Promoter remains and Independent Contractor and not an
Employee of the Corporation? |
