THIS AGREEMENT by and between the National Remember Our Troops Campaign, NROTC, having its principal mailing address at PO Box 34093, Baltimore, Maryland 21221
and Division Event Coordinator, EC, understand and agree:
1. Appointment and Acceptance - Upon acceptance and written authorization of this Agreement, NROTC appoints EC as an employee to solicit donations on it's behalf, to
promote the sale of and sell a limited number of it's products and to manage a number of volunteer and/or paid donation Table Representatives, (tablereps), within the
confines of his/her division; and EC accepts the appointment.
2. Term - The term of this Agreement shall commence as of the date hereof and shall continue in full force and effect until such a time as either party shall have
delivered to the other, notice of its intention to terminate this Agreement.
3. Division Territory - EC shall be granted an exclusive Division Territory where they are to represent NROTC and manage its tablereps within its borders. NROTC retains
the right to change its size or borders at any time. As also, NROTC has the right to remove the EC entirely and reassign the Division territory to another EC. EC
agrees to work only within the borders of their division territory or on assignment by NROTC.
The EC will work in the territory recognized by NROTC as the ____________________ Division. This Division territory shall consist of the following Incorporated
City/Cities, County/Counties, and shall be considered non-exclusive;
(to be filled out by NROTC)
(to be filled out by NROTC) (In the State/States of:)
4. Travel – EC agrees that any travel involved in the normal conduct of NROTC business will conducted at EC's own personal risk. EC warrants and assures NROTC that
they have a valid drivers license in the state where they live and that they maintain adequate automobile liability insurance. EC understands that NROTC assumes no
risk or liability regarding EC's normal travel to and from their home associated with the carrying-out of NROTC business.
5. EC Minimum Production Standard - To be eligible to maintain a position as EC, EC must:
(a) At the end of 90 days (13 weeks) from hire date, EC's division will be evaluated and is division will be expected to be performing at a minimum of 3 tablerep
events/setups per day or 21 events/setups per week including EC's personal events/setups before the end of this period.
(b) After EC's division 90 day evaluation, a division evaluation will be conducted at the end of each 90 days. Division is expected to be performing at a reasonable
level. Reasonable level is to be determined by NROTC.
6. Duties Of The EC -
(a) Best Efforts - EC shall use his/her best efforts to solicit donations, market the products of NROTC and manage its tablereps within the geographical area set
forth above in accordance with the terms of this Agreement, the NROTC’s policies and as NROTC may direct from time to time.
(b) Professional Conduct - EC shall accurately communicate NROTC's policies without misrepresentation and conduct all activities on its behalf in a courteous and
(c) To see to it that no tablerep misrepresents NROTC or continues any violation of contractual obligation.
(d) Upon hearing any complaint, EC will contact their Regional Manager or NROTC Headquarters immediately.
(e) EC will follow up on all complaints within their division.
7. Products - The products of NROTC to be promoted and/or offered in return for any donation are various patriotic and other related items as deemed appropriate by NROTC.
8. Amount of Compensation -
(a) Commission Override - EC shall receive an override for tablerep management services performed hereunder as currently set forth by NROTC at 15% of all net to NROTC sales and
donations produced by the tablereps within their division and shall be subject to change during the term of this agreement should NROTC deem it necessary.
(b) Override is not paid on sales tax collected if any.
(c) Override is paid to EC weekly and shall be subject to change during the term of this agreement should NROTC deem it necessary.
(d) EC does not receive overrides in his/her personal production.
(e) Override Is Capped - To comply with IRS nonprofit organization guidelines, no representative or EC can earn more than a reasonable amount for services compared
with similarly situated profit and nonprofit organizations. This means that no EC can earn more than $2,000 per week or $104,000 per year. Any weekly overage overrides
are lost and do not accrue to a following week.
9. Reserved Rights -
(a) Sales or donations derived from the NROTC website, regardless of area of origin, may or may not be subject to override being paid to EC.
(b) NROTC expressly reserves the right to sell to/solicit donations from National Accounts and to sell to/solicit donations from House Accounts as hereinafter defined.
The term National Accounts shall mean any account having an office or outlet within an area/territory/division/region but which also has one or more additional branch
outlets not all of which are located within a single state. The term House Accounts shall mean any account heretofore or hereafter obtained by NROTC which the NROTC
supplies, services or receives donations from without requesting the assistance of EC.
(c) NROTC expressly reserves the right to assign and/or reassign any Customer/Donor to another EC or NROTC employee, should Customer/Donor express a desire to no
longer be serviced by their particular EC, or if NROTC EC is not fulfilling their duties as outlined in this Agreement. A Customer/Donor reassignment will relieve the
EC from any duties towards the Customer or Donor in question, and also relieve NROTC from any override obligation to the EC from that point forward, for the
Customer/Donor in question.
(d) The parties hereto agree, with respect to advertising, (excluding recruiting) that during the term of this Agreement, the Representative/EC shall consult with
NROTC for any planned advertising and/or promotional activity featuring NROTC and/or its collateral material and/or its trademarks, logos, and/or its products. NROTC
shall have sole control over decisions in this regard, to which decisions shall be binding upon the parties. Any and all advertising campaigns must be communicated to
NROTC for a separate financial arrangement, if any, to be negotiated and added to this Agreement as an Addendum.
10. Non-competition - EC agrees that during the term of this agreement, and for a period of two years after termination of this Agreement, he/she shall not solicit
donations from NROTC donors, offer or sell any goods which are competitive with, the same as, or similar to any of the NROTC products, or promote or advertise any such
goods without NROTC’s prior written consent which may be withheld for any reason at NROTC’s sole discretion. Any violation of this provision may cause the NROTC to seek
11. Confidential Materials - EC agrees to not share and keep confidential any information concerning NROTC’s customers, donors or donees. As also, NROTC's marketing
plan, sales literature and sales scripts are considered as trade secrets and are to be kept confidential and not used for other purposes. Any violation of this provision
may cause the NROTC to seek monetary damages.
12. Prohibition Against Soliciting/Engaging Other tablereps - EC agrees that during the term of this agreement, and for a period of two years after termination of this
Agreement, he/she shall not attempt to solicit or engage other tablereps or managers of NROTC to become involved with other gainful endeavors similar to or different
from the activities of NROTC. Any violation of this provision may cause NROTC to seek monetary damages.
13. Assignment - The EC shall not have the right to assign this Agreement or any of its rights or privileges hereunder to any other person, firm or corporation without
the prior written consent of NROTC.
14. Prohibition Against Associating NROTC With Political Activity - EC shall represent NROTC as a nonpartisan organization and in no way to give the impression that
NROTC endorses or opposes any political figure, candidate or association. As also, EC will not involve NROTC in any act of attempting to influence legislation,
or give the impression thereof.
15. Prohibition Against Associating NROTC with Gaming Activity - EC shall in no way associate NROTC with any type of gaming activity, example: bingo, raffles and
gambling, in an attempt at fundraising. EC shall not enter into contracts or agreements with individuals or organizations to conduct this type of activity on behalf
of NROTC or EC.
16. Prohibition Against The Use Of Unsolicited Commercial Email - No EC shall engage in the use of Unsolicited Commercial Email, (UCE), otherwise known as spam or
spamming on the internet in an attempt at recruiting, soliciting donations or driving visitors to the NROTC website. This includes over-posting to news groups, blogs etc.
17. Cause - NROTC shall have the right to terminate this Agreement for cause by giving written notice to EC setting forth the breach complained of. The term cause
shall for purposes of the Agreement mean a breach of any obligation under this Agreement. If this Agreement is terminated for cause against the EC, all relationships
and obligations, financial and other, between NROTC and EC will cease when the EC is terminated. For the first 30 days of this Agreement a EC is hired on a trial basis
and NROTC may terminate this Agreement without cause for any reason upon giving written notice to the EC.
18. Construction of Agreement - This Agreement shall be construed according to the laws of the State of Maryland.
19. Modifications and Waivers - Neither this Agreement nor any provision thereof may be modified, waived, discharged or terminated orally, but only by a writing signed
by the party to be charged. A waiver of any provision by either party to this Agreement shall be valid only in the instance for which given and shall not be deemed
continuing; further, any such waiver shall not be constructed as a waiver of any other provision of this Agreement.
20. Further Assurances - Each party of this Agreement represents, agrees and warrants that it will perform all other acts and execute and deliver all other documents
that may be necessary or appropriate to carry out the intent and purposes of this Agreement.
21. Severability - Nothing contained in this Agreement shall be construed as requiring the commission of any act contrary to law. Whenever there is any conflict
between any provision of this Agreement and any present or future statute, ordinance or regulation contrary to which the parties have no legal right to contract,
the latter shall prevail, but in such event the provision of this Agreement thus affected shall be curtailed and limited only to the extent necessary to bring it
within the requirements of the law. In the event that any part, article, paragraph, sentence or clause of this Agreement shall be held to be indefinite, invalid or
otherwise unenforceable, the entire Agreement shall not fail on account thereof and the balance of the Agreement shall continue in full force and effect. If any
arbitration tribunal or court of competent jurisdiction deems any provision hereof (other than for the payment of money) unreasonable, said arbitration tribunal or
court may declare a reasonable modification thereof and this Agreement shall be valid and enforceable and the parties hereto agree to be bound by and perform the same
as thus modified.
22. Notices - All notices, demands or other communications by either party to the other shall be in writing and shall be effective upon personal delivery or if sent
by mail seventy-two (72) hours after deposited in the United States mail, first class postage, prepaid, Registered or Certified, and all such notices given by mail
shall be sent and addressed as follows until such time as another address is given:
To: The National Remember Our Troops Campaign:
PO Box 34093
Baltimore, Maryland 21221
GENERAL POLICIES AND PROCEDURES
1. Without exception, NROTC EC will be courteous, friendly, and polite to every person.
2. A EC will not ask abrasive or intrusive questions of anyone he or she engages in a conversation with, nor will a EC be sarcastic or condescending with anyone.
3. A EC if asked, should not claim to be anything other than a paid fundraiser, nor misrepresent NROTC in any way. A EC shall not manufacture false information.
4. All information gathered from a prospect/donor shall be accurately communicated to NROTC by paper or computer. All written communication must be legible.
5. EC will thank all prospects regardless of their willingness to donate.
6. A new EC is functioning within a 45-day probationary period. As a result, during this period, a EC may be terminated for any reason or for no reason at all. During this period, no advance notice shall be required on the part of NROTC or its managers in such instances. Included herein is the clear understanding that if a EC is terminated in this fashion EC shall have no recourse with NROTC.
7. Failure to follow good work habits may result in termination. NROTC has the authority to define good work habits.
8. EC will conduct themselves in a professional manner by, in part, refraining from using profanity. The use of foul, indecent, profane, racially or otherwise derogatory, or any otherwise unacceptable language by a EC may result in suspension or termination. Such behavior while in contact with a prospect/donor/employee will result in immediate termination.
9. EC is to show up for work alert and sober and not under the influence of drugs including prescription drugs. We have a zero tolerance policy in this regard.
10. Any behavior that represents in any fashion sexual harassment shall result in suspension or termination. NROTC in accordance with generally accepted principles in the community and Federal guidelines shall have full authority in determining and defining non-compliance in this area.
11. Violence perpetrated by a EC shall result in immediate termination.