Agent/Independent Sales Consultant Agreement/Authorization

Full Agreement:  printable PDF Form, public Google Document, in text below, and available by request through Hello Sign for digital signature. 

Summary of principle parts of the agreement:   
  1.  The primary point of the agreement is that when an Agent brings A2 Global Shipping a transaction, the Agent receives payment when:
    • shipment is released to the consignee;
    • A2 Global Shipping invoice is paid.
  2.  The Agent is an Independent Contractor and A2 Global Shipping does not set hours, manage an Agent like an employee, or pay the Agent's with-holdings or taxes -  the Agent is responsible for that;
  3.  A2 Global Shipping has the policy of not back-soliciting an Agent's clients.   Clients may try and circumvent their Agent to get a better deal, An Agent is expected to customer service their clients to keep the clients close to their Agent as needed on shipments, but A2 Global Shipping want Agents to keep the clients they have and to feel safe in bringing additional clients to A2 Global Shipping;
  4.  If a shipment is not paid prior to departure or release, A2 Global Shipping and not the Agent, determines any credit extended to the Shipper.  If the Shipper is bad and does not pay, A2 Global Shipping suffers the loss, not the Agent.
  5.  Agents can't go out and "bind" A2 Global Shipping to a representation that the Agent might make to a Shipper.   The Agent is supposed to have A2 Global Shipping sign off on any rates, estimates, quotes and terms and conditions of service that the Agent provides their customers.
If A2 Global Shipping and the Agent adhere to the principles enumerated above, there really shouldn't be any disputes.  

The Agreement is here in printable PDF Form, public Google Document, and in text below.  

Please email any questions you have on the agreement. 

Once you approve of it, sign it and fax/email it in, or email us to Hello Sign it to you for your electronic signature.

 

PURPOSE:  The purpose of this Agreement is to compensate the Agent for acting on the behalf of the Broker/Carrier in soliciting shipments from shippers and/or consignees.


JOB TO BE PERFORMED:   The Agent, in furtherance of the terms and conditions of this Agreement, will act on behalf of Broker/Carrier by:

  1. soliciting shipments from shippers and consignees;

  2. collecting relevant information about the shippers, consignees and the cargo;

  3. providing the shippers/consignees with rates, estimates and quotes issued by the Broker/Carrier;

  4. ensuring that shipper/consignee has received all relevant carrier terms and conditions of transport, including insurance terms and conditions where applicable;

  5. collection of payment where applicable and authorized;

  6. any other related but not specified duties for the booking, collection, transport and final release of the shipment.


DEFINITION OF SHIPPER/CONSIGNEE: For the purpose of this Agreement, the definition of a Shipper or Consignee is any person who is responsible for paying an invoice for the movement of freight.  


COMMISSIONS:  

  1. As compensation for work performed, Agent shall be entitled to receive 50% of the net proceeds actually received by Broker as a result of any shipment resulting from a solicitation, quote or booking by the Agent.  

  2. The net amount shall be calculated on the net amount of the payment charged for the shipment after deducting for returns, allowances, freight charges, discounts, bad debts, handling charges and other expenses related to the shipment.    

  3. Commissions shall be due and payable only when shipments have been paid and released.  

  4. Any pre-payment of compensation shall not constitute nor be deemed to be a waiver by Broker, of any of the following provisions, and in all cases in which returns or allowances are subsequently made, appropriate adjustment shall be made as necessary to the account of the Agent.  


FINANCING ACCOUNTS – It is the Broker/Carriers’ responsibility to determine credit worthiness of Shipper and to establish credit limits and terms. Broker/Carrier is responsible for collections if Shipper fails to pay within set terms. Credit to customer may be suspended until and after account has been settled.


REIMBURSEMENT OF EXPENSES:  Broker shall not be liable to the Agent for any expenses paid or incurred by the Agent, unless otherwise agreed in writing, and Agent shall reimburse, indemnify and hold Broker harmless from and against the same.


TAXES:  

  1. Agent shall be an independent contractor and not an employee of Broker.

  2. Agent shall not receive any compensation, commissions, or benefits other than those expressly provided for in this Authorization and except as otherwise required by law, Broker shall not withhold any sums from the payment made to Agent for social security, federal, state or local tax liabilities, contributions, child support or spousal support payments, garnishments, withholdings or contributions as all shall remain the sole responsibility of the Agent.


TERM OF AGREEMENT:

  1.  The term of this Agreement shall commence on Agents signature acknowledging acceptance and terminate upon any written notice by/to either party at any time, or annually on December 31, of each year.

  2. In the event the parties continue their relationship after termination of the Agreement, such continued relationship shall be subject to the terms and conditions of this Agreement.

  3. For so long as the parties continue to act or until a new agreement is mutually accepted.   Both parties agree that this Agreement shall be binding and enforceable against the other concerning the matters covered herein as of the date it is executed, notwithstanding the fact that AGENT may or may not be immediately assigned or required to perform any work hereunder.


NO  AUTHORITY TO BIND:  AGENT has no authority to enter into contracts or agreements on behalf of BROKER. This Agreement does not create a partnership between the parties.


RISK:  AGENT shall perform the work at its own risk.


NOTICE:  Notice shall be given t:

  1. BROKER at: 308 S. State - Suite 31; Ann Arbor, MI 48104 or by electronic method when receipt of notice has been confirmed electronically by BROKER.

  2. AGENT at: _____________________________________________________  or by electronic method when receipt of notice has been confirmed electronically by AGENT.


ASSIGNABILITY:  AGENT agrees that this Agreement and its rights, interest and benefits cannot be assigned, transferred, pledged or hypothecated in any way and shall not be subject to execution, attachment or other similar process. Any attempt to do so contrary to the terms of this Agreement shall be null and void and shall relieve BRENNY of any and all liability under this Agreement.


CHOICE OF LAW: Any dispute under this Agreement or related to this Agreement shall be decided in accordance with the laws of the State of Michigan.


ENTIRE AGREEMENT:  The parties agree that this instrument constitutes the entire Agreement between the parties hereto and supersede all prior  agreements and understandings of the parties relating to the subject matter hereof and shall be  binding upon the respective parties. This Agreement and any schedules or addenda now or  hereafter made a part thereof;  may not be amended or altered in any manner unless such amendment or  alteration is in writing and signed by the respective parties hereto.


SEVERABILITY:   If any provision of this Agreement is held unenforceable, the rest of this Agreement will never the less remain in full force and effect.


AMENDMENTS:  This Agreement may be supplemented, amended or revised only in writing and signed by each of the parties.


BINDING EFFECT:  This Agreement shall be binding upon and inure to BRENNY and  AGENT and their respective successors, heirs, legal representatives, executors and administrators.