KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Relationship with outside sales September 1, 2021 ********************* Relationship with outside sales ******************** Ken We use the Kirschenbaum Contracts with our subscribers. I am trying to obtain an agreement to accommodate Sales persons and need your advice. One of my 1099 sales persons has got an Alarm license. He is hiring a few reps who will be 1099 sales people for his company and he will sell the customer agreements to me as these are contracted. I will pay him for every Deal and he will compensate his 1099 reps. What agreement do you recommend I use between my company and his, and each of the reps? Will the “Independent Sales Affiliate” be the right contract? Thanks as always Name withheld ********************** Response ********************** Your sales person is becoming truly independent. He has obtained his own license and intends to engage his own workforce. The new company is acting as your sales force by finding and contracting with new customers. You don’t mention it but It seems like the plan is that his is signing customers up on his contracts, not yours because you mention that he will be selling them to you. It would be cleaner if he signed the customer’s up on your contract form and you paid a commission. But let’s look at what contracts come into play depending on the arrangement. He signs up customers on his paper and then sells them to you: He would need his own contracts which he would sell, transfer and assign at some point, either before installation or after installation. The transfer is by Bill of Sale and Assignment; this form is a standard form. You would have an Agreement with him to sell you the accounts on an on=going basis; this agreement would have to be customized for you and your deal. He signs up customers on your contracts: Since you will own the account once the contract is signed the only agreement you need with him is an Independent Sales Affiliate Agreement, or if you insist, a customized agreement. He will need the Sales Affiliate Agreement with each of his reps. If he has his own company makes sure he runs it like a company, carrying insurance. licenses and contracts. ********************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com