INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT made and entered into on the date last written below, by and between RESIDENT REALTY dba The Plantz Family Network, Inc, (The "Company"), a Colorado Corporation, and, an independent contractor ("Contractor"); WITNESSETH WHEREAS, the Company desires to retain the services of the Contractor, and the Contractor desires to render services to the Company, upon the terms and conditions hereinafter stated: NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do hereby promise and agree as follows: I. SERVICES The Company hereby retains the Contractor and the Contractor hereby agrees to render services upon the terms and conditions hereinafter set forth. II. TERM Subject to the provisions for termination as hereinafter provided, the term of this Agreement, as amended from time to time, shall begin on and shall automatically renew each month thereafter except upon thirty (30) days' prior written notice by either party before the end of the initial term of this Agreement or before the end of any renewal period from one party to the other. III. POSITION The Contractor shall render services as a Sales Representative for the Company. He/She will operate within the bylaws of the Company and the goals, guidelines, budgets, directives, position description, policies and procedures now or at some later date established or approved by the President or the Board of Directors.
IV. COMPENSATION The Contractor will pay Resident Realty $300 per closed transaction regardless of the commission charged by the agent; the contractor will pay the office and additional $50.00 per month for services. This shall be automatically withdrawn each month on the same day as outlined on the Credit Card Authorization below. The Contractor shall be reimbursed only for authorized expenditures approved in writing prior to their purchase. Such authorized expenditures will be reimbursed upon presentation by the Contractor to the Company of an itemized accounting of such expenditures and receipts relating thereto in the form requested by the Company. VI. TERMINATION FOR CAUSE The Company expressly reserves its full rights during the term of the Agreement and particularly the right to discharge the Contractor for cause and to cancel this Agreement on that account. Such cause shall consist, by way of illustration and not limitation, of one or more of the following: conviction of a felony, fraud, disloyalty, and inattention to duties, moral turpitude, or embezzlement. The Company shall also have the right to cancel this Agreement and terminate the Contractor's services hereunder at anytime for material violation of the terms of this Agreement by the Contractor. In any such case of discharge, cancellation, and termination, written notice thereof shall be given to the Contractor and shall be effective as of the date mailed in accordance with this Agreement or, if delivered, upon delivery to the Contractor. VII. ILLEGAL COMPENSATION The Contractor acknowledges and agrees that they shall not, nor shall they allow anyone under their supervision to, receive from a third party, directly or indirectly, any bribes, kickbacks, donations, loans, commissions or other payments, regardless of form, whether in money, property, or services, in connection with any business transaction in which the Company is directly or indirectly involved. All compensation to the Contractor relating to any business transaction in which the Company is involved shall be made by the Company only. Such compensation will follow explicitly the Resident Realty Written Commission Schedule. The Company expressly reserves its full rights during the term of this Agreement to discharge for cause the Contractor violating the provisions of this article and to cancel this Agreement on that account. VIII. LIABILITY The Company shall not be liable for the acts of the Contractor or his servants or agents in the performance by the Contractor of his duties, except for acts caused directly by the Company or by the Company's agents or employees.
IX. NON-COMPETITION The Contractor shall not, during the term of his employment or thereafter, disclose to others or use, except as authorized by the Company, any of the Company's confidential, technical or other business information. "Confidential, technical or other business information" shall mean any information (including lists of the Company's vendors and customers) which the Contractor has used, learned, or contributed to during the term of this Agreement regardless of whether it is in written or other tangible form that (1) is not generally available to the public and (2) gives one who uses it a competitive advantage over the Company. Upon termination of this Agreement, the Contractor shall surrender to the Company any and all materials, including, but not limited to, drawings, manuals, reports, documents, lists of Company's vendors and customers, computers, computer files, photographs, maps, surveys and the like (including all copies thereof) that he has in his possession relating to the business of the Company, or its affiliates. The Contractor acknowledges that all such material is the property of the Company solely and that the Contractor has no right, title, or interest in or to such materials. The Contractor acknowledges that the remedies at law for any breach by the Contractor of this Article IX will be inadequate and that the Company shall be entitled to injunctive relief, without bond, against him in the event of any such breach. If any court of competent jurisdiction shall hold that the restrictions contained in this article are unreasonable as to time or geographical area, such restrictions shall be deemed to be reduced to the extent necessary, in the opinion of such court, to make them reasonable. X. RELATIONSHIP Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto and the Contractor shall be deemed at all times to be an independent contractor. XI. ARBITRATION Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules then in effect of the American Arbitration Association and judgment upon the award rendered may be entered in any court having jurisdiction thereof. XII. NOTICE Any notice required or permitted to be given under this Agreement shall be sufficient if in writing, and if sent by registered mail to his residence in the case of the Contractor, or to its principal office in the case of the Company. XIII. WAIVER
The waiver by the Company of a breach of any provisions of this Agreement by the Contractor shall not operate or be construed as a waiver of any subsequent breach by the Contractor. XIV. BINDING EFFECT This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective heirs, representatives, successors and assigns, but shall not be assignable by the Contractor without the prior written consent of the Company. XV. ENTIRE AGREEMENT This Agreement shall be deemed to express, embody and supersede all previous understandings, agreements and commitments, whether written or oral, between the parties hereto with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties hereto. No modifications shall be binding unless stated in writing and signed by both parties hereto with the approval of the President of the Company. XVI. GOVERNING LAW This Agreement shall be governed by the laws of the state of Colorado. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. RESIDENT REALTY Date Date
103 Siesta Key Ct Windsor, CO 80528 Agent Office Fee Credit Card Type: Visa Master Card Discover Name Credit Card Number Expiration Date (mmyy) Billing Street Address Billing Zip Code I authorize Resident Realty to bill this card $50.00 Monthly until cancelled by me in writing. Print Name Signature Date