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Service Providers Employee

Location:
Arcadia, CA, 91007
Salary:
17.50
Posted:
November 28, 2023

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Resume:

At-Will- CA- May **** Page *

AT-WILL EMPLOYMENT AGREEMENT between:

COMPANY/EMPLOYER:

EMPLOYEE NAME:

THIS AGREEMENT sets forth the terms of employment between the above-named Company/Employer and the Salesperson/Employee.

JOB DESCRIPTION: The Company sells various products and services (collectively “Products and Services”) for clients through face to face sales. Employee will be engaged in selling Products and Services on behalf of Company’s clients away from Company’s place of business. COMPENSATION: Employee compensation is set forth in the Compensation Schedule provided herewith or then in effect which is incorporated by reference and incorporated herein. ADHERENCE TO COMPANY RULES AND POLICIES: Employee agrees to abide by all work rules and policies that are established by Company at any time and which pertain to the Employee’s conduct at the workplace and the manner in which Employee sells Company’s Products and/or Services. The Company retains the right to revise and modify work rules and policies at its sole discretion. NO AUTHORITY TO BIND COMPANY: Employee has no authority, either express or implied, to obligate the Company or its clients, service providers, and/or suppliers in any manner whatsoever, either verbally or in writing. AT-WILL EMPLOYMENT/TERMINATION: The parties acknowledge and agree that Employee is an at-will employee of the Company. Nothing in this Agreement gives Employee the right to be employed by the Company for any specified duration of time. Company or Employee may terminate the employment relationship at any time, for any reason or no reason, and without advance notice. Progressive discipline is left to the sole discretion of Company and nothing in this Agreement requires Company to issue a warning or suspension prior to discharging an employee.

RETURN OF UNSOLD PRODUCT AND COMPANY PROPERTY: Employee shall be responsible for safeguarding Company property while in Employee’s possession and returning to Company, upon demand by Company, any unsold Product or property, including brochures, sales aids, tablets, equipment, displays, and/or training materials which were provided to Employee. Products must be returned in good merchantable condition. USE OF SALES DATA: From time to time, Company may share sales information with and about employees with others. Employee consents to Company sharing and publishing sales information about Employee’s performance with any person or entity in furtherance of the Company’s business purposes. CONFIDENTIALITY/TRADE SECRETS: During the term of Employee’s employment with Company, Company anticipates that it will provide certain information and materials to Employee that are confidential and proprietary to Company, Company’s clients, Company’s service providers, Company’s retail event hosts, Company’s suppliers and/or Company’s service providers’ and suppliers’ subcontractors, including without limitation trade secrets (“Confidential Information”). Confidential Information includes, without limitation, the following non-public information relating to Company’s business or entrusted to Company by a third party: the identity and location of such service providers or service providers’ subcontractors and their agents and employees; marketing research data, pricing concessions made by Company; training-related information; business methods and models (also referred to as an “opportunity-based model” or “management training program”), including without limitation, Company’s (i) methodologies for building and motivating its sales force, including recruiting, training, promoting, and motivating methods, such as morning motivational meetings, and recruiting contacts and methods (such as pricing for online recruitment ads, relationships with recruiting sites, and details regarding Company’s interview process), and (ii) the structure and use of Company’s service providers, including override and compensation Iron Era Solutions, Inc Steven Burt

At-Will- CA- May 2022 Page 2

structures; as well as sales techniques; financial information; information related to Products and Services; pricing information, including but not limited to rates paid to Company from its clients and/or service providers, rates paid to clients, service providers and their contractors and subcontractors, rates paid to event locations for marketing and sale of Products and Services, lists and identity of actual or potential clients, service providers, sales representatives, affiliates, suppliers, and the contractors and subcontractors of the service providers and their contractors and subcontractors, customers and clients of Company, which are not commonly known by or available to the public; information about the operations and activities of the providers of Products and Services and the contractors and subcontractors of Company’s service providers and suppliers; and existing and future Products and/or Services. During the term of Employee’s employment with Company and at all times thereafter, Employee shall not use, except as required for the performance of Employee’s duties for Company, any Confidential Information that Employee receives from Company, Company’s clients, Company’s service providers, Company’s suppliers and/or Company’s service providers’ and suppliers’ subcontractors, or otherwise acquires, and Employee shall not disclose Confidential Information to any third party for any purpose whatsoever. Excluded from this prohibition is information that is in or enters the public domain without breach of this Agreement or wrongful act by Employee. Further, pursuant to 18 USC Section 1833(b), Employee shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that:

(A) is made – (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Additionally, an individual suing an employer for retaliation based on the reporting of a suspected violation of law may disclose a trade secret to his or her attorney and use the trade secret information in the court proceeding, so long as any document containing the trade secret is filed under seal and the individual does not disclose the trade secret except pursuant to court order. Nothing in this Agreement is intended to conflict with 18 U.S.C. § 1833(b) or create liability for disclosures of trade secrets that are expressly allowed by 18 U.S.C. § 1833(b). MUTUAL DISPUTE-RESOLUTION AND ARBITRATION: MUTUAL DISPUTE-RESOLUTION AND ARBITRATION: Any claims that an Employee may have against the Company, and/or any claims the Company may have against Employee shall be resolved by an arbitrator and not in a court proceeding (except for claims which are not arbitrable or excluded as described in detail in the policy). The dispute-resolution and arbitration policy subject to the Federal Arbitration Act is explained in detail in the MUTUAL DISPUTE- RESOLUTION AND ARBITRATION POLICY, which is provided herewith and incorporated herein by reference.

DRUG FREE WORKPLACE: Employer intends to maintain a workplace that is free of drugs and alcohol and to discourage drug and alcohol abuse by its employees. Employer absolutely prohibits any use, sale, manufacture, purchase, transfer, distribution or possession of any illegal drugs or other controlled substances, or any non- prescribed drug, by employees at any time. Employer further absolutely prohibits the abuse of any legal drug by its employees at any time. In addition, Employer strictly prohibits employees from being impaired by, or under the influence of, alcohol or any drug while on duty or performing company business, including driving company- owned or leased vehicles or operating potentially dangerous equipment. Legal drugs are excluded from this rule and permitted only to the extent that the use of such medication does not: (1) adversely affect or substantially interfere with the employee’s work ability or job performance; (2) endanger the safety of that individual or others;

(3) pose a risk of damage to Employer’s business or equipment. “Illegal drugs or other controlled substances” mean any drug or substance that (a) is not legally obtainable; or (b) is legally obtainable but has not been legally obtained; or (c) has been legally obtained but is being sold or distributed unlawfully. “Legal drug” means any drug, including any prescription drug or over-the-counter drug, that has been legally obtained and that is not unlawfully sold or distributed. Nothing contained herein is intended to diminish Employer’s commitment to employ and reasonably accommodate, if required by law, individuals with qualifying disabilities. NO MODIFICATION OF AT-WILL EMPLOYMENT UNLESS IN WRITING: The at-will relationship between Company and Employee may only be changed or modified by an agreement in writing signed by the President of Company.

At-Will- CA- May 2022 Page 3

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SEVERABILITY: Should any part of this Agreement be declared invalid, void, or unenforceable, all remaining parts shall remain in full force and effect and shall in no way be invalidated or affected. BY ACCEPTING EMPLOYMENT WITH COMPANY, OR CONTINUING TO REMAIN EMPLOYED BY COMPANY, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AT-WILL EMPLOYMENT AGREEMENT. Signed By

Signed Date



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