Independent Contractor Agreement

Independent Contractor Agreement
This independent contractor agreement (this "Agreement") is made and entered into by and between the Korea Trade-Investment Promotion Agency (the Company) and [.] (the Contractor). Article 1 (Status) 1. The Company hereby appoints the Contractor as an independent contractor, and the Contractor accepts such appointment to perform the services, under the terms and conditions of this Agreement. 2. The Contractors position shall be entitled, local agent for building a global IT export network and the Contractor, as an independent contractor, shall perform the services entrusted to him/her in accordance with this Agreement. 3. No employment relationship between the Company and the Contractor shall be established, and the rules of employment and other provisions applicable to employees of the Company under the Labor Standards Act shall not be applied. Article 2 (Term) The Contractors employment hereunder shall commence from 1st, June, 2012 and end on 31st, December, 2012. Article 3 (Territory and Entrusted Duties) The territory where the Contractor shall perform his/her duties shall be [Indonesia]. The services entrusted by the Company to the Contractor shall be as follows: 1) Establishing annual marketing plans in connection with a consortiums entry into the local market 2) Planning of individual businesses, and preparing and submitting budget plans 3) Promoting and supporting marketing activities 4) Periodic reporting of business (please refer to IT11-814, reporting system for local agents) Article 4 (Compensation for Services1) 1. For The Local Sales Agents performance of the entrusted services, the Company shall pay to the Contractor 350 USD per month. 2. The monthly payment shall be remitted to a bank account designated by the Contractor on the monthly payment date (30th /31stday). 3. Incentives for successful entries into foreign countries shall be separately determined upon discussion between the consortium and the Contractor (as the local agent). Article 5 (Travel Expenses) If The Local Sales Agent of Contractor travels on business, for the sake of convenience, travel expenses shall be paid to the Contractor pursuant to the Companys regulations on travel expenses and the amount of expenses shall conform to that of a [3]-level employee.
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Compensation for Services shall include traffic expenses incurred within the Territory for consortium activities and business development expenses for finding buyers (this may be adjusted in accordance with the scope of the Territory). 1
(Above condition can be adjusted by local KBC) Article 6 (Evaluation of Business Performance) 1. The Company shall evaluate the Contractors business development and the results thereof once every quarter; provided, however, that the evaluation shall reflect the opinion of a secretary of the consortium. 2. For detailed evaluation methods, the Company shall refer to the evaluation details for local agents. Article 7 (Termination) 1. In case where the Contractor fails to perform his/her entrusted duties due to his/her circumstances, the Contractor may terminate this Agreement after discussion with the Company ; provided, however, that the Contractor shall discuss the termination with the Company one month prior to the estimated termination date. 2. In case where it is required for the Company to terminate this Agreement in his/her judgment, the Company may terminate this Agreement by giving one-month prior notice. (In case this Agreement is terminated as a result of poor business performance, the Contractor shall not take any legal action with respect to the termination of this Agreement.) Article 8 (Compliance and Succession of Rights) 1. The Contractor shall perform the entrusted services under this Agreement in good faith during the term of this Agreement. 2. The Contractor shall not disclose any business details of the Company, management information and confidential information that are known to the Contractor during the term of this Agreement to any other person. 3. The Contractor shall not receive any reward, gift and/or hospitality, or borrow money, from any client. 4. The Company shall succeed any right to receive a patent for an invention made by the Contractor in the course of performing his/her entrusted duties. 5. The Contractor shall not use his/her position as an appointee of the Company for any purpose other than to perform the designated entrusted services. 6. The Contractor shall report plans, outcomes and/or progresses of business activities to the Company in good faith. 7. The Contractor shall not assign any of his/her rights under this Agreement or delegate the performance of any of his duties hereunder, without the prior written consent of the Company. Article 9 (Damages) In the event that the Contractor causes any damage to the Companys property as a result of the Contractors intentional act or gross negligence, the Contractor shall compensate the Company for the damages. Article 10 (Interpretation) In case of any dispute by the parties with respect the interpretation of this Agreement or matters which are not stated in this Agreement, in interpreting this Agreement, the parties shall follow the Companys interpretation.
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Article 11 (Effectiveness) The effectiveness of this Agreement shall be in accordance with Article 2 of this Agreement and automatically expire upon the end of the term. Article 12 (Choice of Law) The laws of Republic of Indonesia shall govern the validity of this Agreement, the construction of its term and the interpretation of the rights and duties of the parties hereto. Article 13 (Unenforceability of Provisions) If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
IN WITNESS WHEREOF, both the Company and the Contractor have duly executed this Agreement and each shall retain one copy of this Agreement.
The Company Name: [***] (seal) Position: [***], the Head of the Korea Business Center of the Korea Trade-Investment Promotion Agency (on behalf of the Korea Trade-Investment Promotion Agency)
The Contractor Contractor: [.] (seal) Address: [.] Resident Registration Number:[.]

Independent Contractor Agreement

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Independent Contractor Agreement

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