Freelance Marketing & Sales – Agreement
Blackwell Consulting Allianz Investments Limited (“Company”), herein referred to as “BCA” or “BCA Properties”.
The individual with details entered in below (herein referred to as ” Consultant “)
1. Engagement of Services:
Consultant will provide Company with the following services:
a. Market and Sale properties and/or services offered by Company to interested parties either in Zambia or abroad in any countries consultant may reside in.
Company shall pay Consultant 40% commission from Company earnings per successfully closed business/lead generated from Consultant’s activity/work. This will be payable within 30 days of Company receiving full commissions from any such sale at a date and means agreed upon by both parties.
3. Independent Contractor Relationship:
Consultant’s relationship with Company will be that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, or joint venture relationship. Consultant will not be entitled under this Agreement to any of the benefits that Company may make available to its employees, including but not limited to group health insurance, life insurance, profit-sharing, retirement benefits, paid vacation, holidays or sick leave, or workers’ compensation insurance. No part of Consultant’s compensation will be subject to withholding by Company for the payment of any pension scheme or social security, tax or any other employee mandatory regulatory contributions. Consultant may perform the services required by this Agreement at any place or location and at such times as Consultant shall determine. Consultant agrees to provide all tools and instrumentalities, if any, required to perform the services under this Agreement. Consultant also agrees to comply with all legal requirements if so needed independently.
4. Ownership of Intellectual Property:
Consultant acknowledges and agrees that all documents produced by Consultant, including but not limited to memoranda, research notes, correspondence, emails, contact numbers, and reports in the course of her / his work for Company, shall be the shared property of Company, and Consultant shall retain no ownership, interest, or rights therein.
This Agreement is open and remains in force as long as Consultant provides leads / potential clients to BCA Properties.
6. Non-disclosure of trade secrets, customer lists and other proprietary information
a. Independent Consultant agrees not to disclose or communicate, in any manner, either during or after Independent Consultant’s agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Consultant acknowledges that the above information is material and confidential and that it affects the profitability of Company.
b. Independent Consultant understands that any breach of this provision, or that of any other Confidentiality and Non-Disclosure Agreement, is a material breach of this Agreement. To the extent Independent Consultant feels they need to disclose confidential information, they may do so only after obtaining written authorization from authorized representative of the Company.
If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable,
b. that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and
c. the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
8. Injunctive Relief for Breach:
Consultant agrees that her / his obligations under this Agreement are of a unique character that gives them particular value; Consultant’s breach of any of such obligations will result in irreparable and continuing damage to Company, for which there will be no adequate remedy at law; and, in the event of such breach, Company will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate).
9. Governing Law
This Agreement shall be governed by, and construed under, the laws of the Republic of Zambia.
The parties hereto have executed this Agreement as of the date of submission of this form entered herein below and shall be valid for as long as duties are carried out by Consultant as provided for herein.
By entering and submitting your details on link below, you agree to be bound by the above terms of agreement.