1. Independent Contractor (1099) Relationship
This Agreement is entered into between SW Marketing Firm ("Company") and the applicant ("Contractor"). Contractor is engaged strictly as an independent contractor under IRS Form 1099, and nothing in this Agreement creates an employer–employee relationship, partnership, joint venture, or agency. Contractor is not an employee of Company for any purpose, including federal, state, or local tax law, and is not eligible for any employee benefits, including but not limited to health insurance, paid leave, retirement contributions, workers' compensation, or unemployment insurance.
2. Taxes and Expenses
Contractor is solely responsible for the payment of all federal, state, and local taxes arising from compensation received, including self-employment tax, and for filing all required tax returns. Company will not withhold any taxes from payments. Contractor is responsible for all of their own business expenses, including transportation, phone, data, and equipment, and will not be reimbursed unless agreed in writing.
3. No Guarantee of Work or Income
Compensation is entirely performance-based. Company makes no guarantee of any minimum amount of work, leads, appointments, or income. Contractor's earnings depend solely on the results they produce. Nothing herein constitutes a promise of continued engagement, and either party may end this relationship at any time, with or without cause or notice.
4. Control and Manner of Work
Contractor controls the manner, method, hours, and means by which services are performed and is free to accept other work. Company may specify the desired result and provide access to its tools (including the CRM GO application) but does not control the day-to-day details of how Contractor performs the work.
5. Confidentiality
Contractor agrees to keep confidential all non-public information, leads, customer data, business methods, and materials provided by Company, during and after the engagement, and to use such information solely to perform the agreed services. Customer and lead data remain the exclusive property of Company.
6. Compliance and Conduct
Contractor agrees to perform all services lawfully and in compliance with applicable laws and regulations, including those governing telephone solicitation and marketing. Contractor is solely responsible for their own conduct and representations made to third parties, and agrees not to make any false, misleading, or unauthorized statements on behalf of Company.
7. Release and Limitation of Liability
To the fullest extent permitted by law, Contractor releases and holds harmless Company, its owners, officers, and affiliates from any and all claims, damages, losses, liabilities, or expenses arising out of or related to Contractor's performance of services, use of Company tools, travel, or independent business activities. Company shall not be liable for any indirect, incidental, consequential, or punitive damages. Company's total aggregate liability, if any, shall not exceed the amount of compensation actually paid to Contractor.
8. Indemnification
Contractor agrees to indemnify and defend Company against any claims, losses, or expenses (including reasonable attorneys' fees) arising from Contractor's acts, omissions, misrepresentations, or breach of this Agreement, or from Contractor's misclassification claims to the extent based on Contractor's own representations herein.
9. Data Authorization
Contractor consents to Company collecting and storing the information and résumé submitted in this application for the purposes of evaluating the application and, if engaged, administering the contractor relationship.
10. Entire Understanding
This Agreement reflects the parties' understanding regarding the independent-contractor nature of the relationship. It may be supplemented by a further written agreement upon engagement. If any provision is found unenforceable, the remaining provisions remain in effect.
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