Contract Terms
1. Services to be Rendered
Adak Strategies is a dynamic sales company with multiple campaigns, offerings, and partner companies. By signing this agreement, the Contractor may operate, with permission from Adak representatives, in any of the approved channels, campaigns, and services, including but not limited to:
a. Adminify: An AI-based software product marketed to businesses.
b. Business Financial Services: This includes various financial services and lending offerings.
c. Other Financial Credits: Contractor may engage in other financial credit-related services as approved by the Company.
The Contractor shall collaborate with Adak representatives to determine the specific scope and details of services to be rendered within these approved channels, campaigns, and services, ensuring alignment with the Company's objectives and strategies.
2. Term
This Agreement shall continue indefinitely from the above start date, unless otherwise terminated by either party earlier/otherwise as provided herein.
3. Compensation
a. Contractor will be provided a separate compensation agreement as an addendum to this contractor agreement. All commissions, rates, and other compensation details will be documented in that compensation agreement. Formal compensation changes should also be documented in writing, and it is the responsibility of the contractor to maintain proof of compensation and potential ongoing rates and changes.
b. Contractor acknowledges and agrees that they are classified as an independent contractor for tax and employment purposes. As an independent contractor, Contractor shall have the sole and exclusive responsibility for compliance with all federal, state, and local tax laws and regulations, including but not limited to income taxes, self-employment taxes, and any other taxes or assessments that may be applicable to compensation received under this Agreement.
c. Contractor further acknowledges that they are not entitled to and shall not receive any employee benefits from the Company, including but not limited to health insurance, retirement benefits, workers' compensation, or unemployment benefits. Contractor shall not be eligible for participation in any Company-sponsored employee benefit plans.
d. Contractor shall maintain and, if required by law, obtain any necessary business licenses or permits to perform the services under this Agreement. Contractor shall also be solely responsible for reporting income earned under this Agreement to the appropriate tax authorities and for remitting any taxes owed in a timely and accurate manner.
e. The Company shall not withhold any taxes from payments made to the Contractor under this Agreement. Contractor agrees to indemnify and hold the Company harmless from any claims, liabilities, or penalties arising from Contractor's failure to comply with tax and benefit obligations associated with compensation received under this Agreement.
f. Contractor is strongly encouraged to seek independent legal and tax advice to understand and fulfill their tax and benefit responsibilities. This clause is an integral part of this Agreement and reflects the parties' intent that Contractor is an independent contractor and not an employee of the Company for any purpose, including tax and benefit obligations.
4. Independent Contractor Status
a. Contractor acknowledges and agrees that they are an independent contractor and not an employee of the Company.
b. Contractor shall be responsible for all self-employment taxes, including federal and state income taxes and Social Security and Medicare taxes.
5. Confidentiality
Contractor acknowledges and agrees that during the course of providing services under this Agreement, they may have access to, receive, or become privy to confidential information, trade secrets, and proprietary data (collectively referred to as "Confidential Information") belonging to the Company. This Confidential Information encompasses, but is not limited to, client lists, financial records, business plans, marketing strategies, product development plans, proprietary software, and any other information that is not publicly available.
Contractor hereby undertakes and covenants to maintain the strictest confidentiality with respect to all Confidential Information. Contractor shall not, at any time during the term of this Agreement or thereafter, directly or indirectly, disclose, use, copy, disseminate, or permit the disclosure, use, copying, or dissemination of any Confidential Information without the prior written consent of the Company.
Contractor's duty to protect Confidential Information extends beyond the termination of this Agreement and shall remain in effect indefinitely. Contractor shall continue to be bound by this obligation even after the termination of this Agreement.
In the event that Contractor is required by law or legal process to disclose any Confidential Information, Contractor shall promptly notify the Company in writing and shall cooperate fully with the Company in seeking a protective order or other appropriate remedy.
Contractor understands and acknowledges that a breach of this confidentiality obligation may result in irreparable harm to the Company, for which monetary damages may not be an adequate remedy. In the event of such a breach, the Company shall be entitled to seek injunctive relief, specific performance, or any other equitable remedy available under the law.
This confidentiality provision is an essential and material term of this Agreement, and Contractor's compliance with this provision is a fundamental condition of Contractor's engagement with the Company.
6. Termination
(a) Either party may terminate this Agreement with or without cause by providing written notice to the other party.
(b) Upon termination, Contractor shall promptly return any Company property or materials.
(c) In the event of termination due to misconduct of any kind, including but not limited to violations of the Code of Conduct set forth herein, Contractor shall forfeit all earnings and commissions accrued, as well as any rights to future commissions and monies due in their pipeline.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.
8. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether written or oral.
9. Amendments
No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties.