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i PandaTip: This Pro it Sharing Agreement Template is written in a manner so that it can
apply to a situation whereby a company has hired someone to market a product for them
and offered a share of the pro its on the sale of the product.
This Pro it Sharing Agreement (the “Agreement”) is entered into as of [DATE] by and
between [COMPANY NAME] having its principal place of business located at
[COMPANY ADDRESS] (the “Company”) and [REPRESENTATIVE] having its principal
place of business located at [REPRESENTATIVE ADDRESS] (the “Representative”), both
of whom agree to be bound by this Agreement.
WHEREAS, the Company has developed [PRODUCT] (the “Product”) and holds
ownership of all intellectual property rights in the Product;
i PandaTip: This sentence is to establish that one party owns the intellectual property
rights in the Product around which the activities will center, which will be important with
regard to the aftermath of the termination of the relationship.
WHEREAS, the Company desires to hire the Representative to market the Product for
sale; and
WHEREAS, the Company and the Representative desire to enter into an arrangement
whereby [PARTNER 1] and [PARTNER 2] will share the pro its realized from the sale of
the Product due to the efforts of the Representative according to the terms and
conditions herein.
. TERM. This Agreement shall last from the date of execution until terminated by
thirty (30) days’ written notice by either party.
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i PandaTip: Depending on your relationship, there may be other ways to structure this. For
instance, you may want to have a longer requirement for written notice.
. The Representative shall continue to receive the pro it share described herein
from any continuing sales as a direct result of the Representative’s efforts;
. The Representative shall direct all further inquiries regarding the Product back to
the Company;
. The Representative shall return or destroy any physical or digital copies of the
Company’s proprietary information in its possession including (but not limited to)
marketing material, business plans, customer lists, and pricing information.
i PandaTip: This section is to govern the aftermath of ending this pro it share relationship.
This allows the Representative the right to continue to receive any residuals (if the
circumstances dictate) while giving the Representative a responsibility to direct all further
inquiries to the Company to ensure a seamless transition.
. Performing other such duties and services as may be assigned by the Company
to accomplish the aims of this Agreement in the time, place, and manner deemed
appropriate by the Representative.
i PandaTip: There are a few basic duties listed here that the Company may want to add or
subtract from depending on the actual circumstances of the relationship. The Company
should be sure to consult with an attorney with regard to the duties to ensure the duties
do not make the representative a de facto employee which could result in violations of
employment law.
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. “Pro its” are deemed to be calculated by the sale price less any expenses by the
Company paid on behalf of the Representative in furtherance of the sale and the
cost of goods sold.
i PandaTip: Even with this clause, the instruction to consult with an attorney still applies as
this is not determinative by itself. It always depends on the actual circumstances of the
Parties.
. Use any Con idential Information other than solely for the bene it of the
Company; or
. Assist a third party in using any Con idential Information in any manner but solely
for the bene it of the Company.
i PandaTip: This is important to maintain consistency in the message being delivered to the
Company’s customers
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by the Representative.
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i PandaTip: This section can be tweaked to re lect a different arrangement but as it stands,
the Representative is responsible for all expenses other than required travel unless
receiving written con irmation from the Company.
i PandaTip: This section of the Pro it Sharing Agreement is to protect the Company from
the Representative acting illegally or harmfully on its behalf. In other words, the
Representative will have to cover all costs related to lawsuits that stem from the
Representative’s bad acts.
. APPLICABLE LAW. This Agreement and the interpretation of its terms shall be
governed by and construed in accordance with the laws of the State of [STATE]
and subject to the exclusive jurisdiction of the federal and state courts located in
[COUNTY], [STATE].
IN WITNESS WHEREOF, each of the Parties has executed this Consulting Agreement,
both Parties by its duly authorized o icer, as of the day and year set forth below.
[COMPANY NAME]
_________________________________ ______________
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[REPRESENTATIVE]
_________________________________ ______________
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Parties other than PandaDoc may provide products, services, recommendations, or views on PandaDoc’s site (“Third
Party Materials”). PandaDoc is not responsible for examining or evaluating such Third Party Materials, and does not
provide any warranties relating to the Third Party Materials. Links to such Third Party Materials are for your
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