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Island Contractor
WHY YOU SHOULD SIGN UP
Must have a valid Driver’s License
Must have a Registered & Insured Automobile
Minimal Effort & Money is Good ($20 - $30 per hour)
GoPro & Food Pick Up/ Delivery Services
Keep your current job!
eNotifications & Commissions Reports
1099 Independent Contractor
Bi-Monthly Payments on all Completed Bookings
Requirements
HMF is looking for a responsible Island Contractors that can be relied upon and are consistently available
HMF is looking for agents that can pick up Restaurant orders in the evening between the hours of 6-8pm
HMF is looking for agents that can pick up or grocery shop for orders between the hours of 6-8pm
HMF is looking for agents that will deliver the order(s) directly to the fishing boats at 6am
Has a working refrigerator that will keep Restaurant Orders and Cold Grocery items temperature controlled
Must inspect and ensure that all Food & Beverage orders are accurate before departing location.
All Food, Beverage and GoPro Orders will be delivered to the boats in the HMF Branded Bags
Responsible to ensure all GoPro equipment and accessories are included and pre-charged (Ready to Go)
Responsible for GoPro inventory and required to inspect all equipment after the trip/ upon return
Island Contractor will need to sign an Agreement to return all HMF owned equipment that is provided
Please fill out the application below in its entirety to start the onboarding process!
How are Commissions Earned?
Restaurant Pick Up $20
Only on 1
st
Pick Up from a Restaurant
Grocery Store Pick Up $25
Only on 1
st
Pick Up from a Grocery Store.
Additional Same Day Pick-Ups $15
Any 2
nd
requested daily pick up from Restaurant or Grocery Store
Morning Go-Pro (Only) $20
Go Pro delivery without any other Food Orders.
Morning Food Deliveries $25
All Food & Food/ Go Pro deliveries between 5:45 and 6:00 am to all boats
Same Day Pick Up from Harbor $10
This is for the GoPro Camera Equipment
When are Commissions Paid?
Sales Agent Commissions are paid out on a bi-monthly basis for all “Completed” trips.
A completed trip means that the scheduled trip time has elapsed and the customer has been charged for all services.
HMF commissions are automated and we provide you with real time activity reporting and commissions visibility in the Sales Agent Portal.
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Terms & conditions
Independent Agent Agreement (Island Contractor) Hawaiian Island Enterprises, LLC. Version 1.0 1 HAWAIIAN ISLAND ENTERPRISES, LLC INDEPENDENT AGENT AGREEMENT (ISLAND CONTRACTOR) THIS AGREEMENT is made into by and between HAWAIIAN ISLAND ENTERPRISES, LLC a Hawaiian Limited Liability Corporation whose address is 75- 5660 Kopiko St. C7, #409, Kailua-Kona, HI. 96740 (“COMPANY”) and Island Contractor _ whose address is _______ _____________________ __ (“AGENT”) and whose Federal Employee Identification Number or Social Security Number is __________________________. INTRODUCTION COMPANY holds authority from the State of Hawaii (TAX ID: W24192592-01) and the United Stated Department of Treasury (FEDERAL TAX ID: 81-1864722) A. to engage in business operations of services. B. COMPANY desires to utilize AGENT as an independent contractor for the purpose of picking up or delivering COMPANY services or equipment. C. AGENT desires to act on COMPANY’s behalf as described in section B above and as further set forth herein. NOW, THEREFORE in consideration of the mutual promises contained in the Agreement, COMPANY and AGENT agree as follows: APPOINTMENT & TERRITORY OF AGENT 1. Appointment of Agent. COMPANY appoints AGENT to act on behalf of COMPANY for the purpose of picking up or delivering COMPANY services or equipment sold or rented by COMPANY. AGENT’S authority shall extend only those action reasonably necessary to carry out the intent of this Section. Any other acts or omissions are strictly prohibited and shall be deemed to be ultra varies. 2. AGENT territory is principally, but not exclusively, in the area of the State of Hawaii (all Islands) United States of America. AGENT RESPONSIBILITIES (BASIC) 3. Services. AGENT shall pick up or deliver COMPANY services or equipment on behalf of the COMPANY and under COMPANY’s name. In performing such services AGENT shall comply with all laws and regulations applicable to COMPANY’s business as a third party charter boat brokerage, value added Independent Agent Agreement (Island Contractor) Hawaiian Island Enterprises, LLC. Version 1.0 2 service provider and resaler of commodities. AGENT shall comply with all other applicable federal, state, and local laws and regulation. 4. Agent Services Rendered: AGENT will be solely responsible for all efforts and costs associated with the picking up or delivering of COMPANY services or equipment. AGENT is an Independent Contractor and shall only receive commissionable AGENT pay from COMPANY for services rendered. AGENT RESPONSIBILITIES (FOOD & BEVERAGE PICK UP & DELIVERY) See Schedule B AGENT RESPONSIBILITIES (GOPRO & OTHER EQUIPMENT PICK UP & DELIVERY) See Schedule C 5. Independent Contractor. AGENT shall be an independent contractor. AGENT shall have exclusive control and direction over all persons and vehicles engaged in its services. AGENT assumes full responsibility and liability for the payment of local, state and federal payroll taxes or contributions and for taxes or premiums for unemployment insurance, workers compensation, old age pensions, or other social security and related protection with respect to the persons engaged in the performance of such AGENT’S services, and agrees to comply with all applicable rules and regulations pertaining thereto. AGENT represents that it is an independent contractor and not an employee of COMPANY and not entitled to any of COMPANY’s employee benefits. As an independent contractor, AGENT may not and shall not make any claims against COMPANY for workers’ compensation payments, unemployment benefits, or any other compensation, contributions, allowances, or payments. AGENT shall not, in any way, obligate, or attempt to obligate, or create any liability on behalf of COMPANY. AGENT agrees to hold COMPANY harmless and indemnify it from any claims arising out of the services AGENT performs. 6. Agent’s Expenses. AGENT shall be solely responsible for all of its costs and expenses, which may possibly include, but not be limited to maintaining an office, telephones, fax machines, computer, office supplies, employees, auto payments, fuel, insurance of all types, travel, solicitation and advertising, and the fulfillment of all financial, safety, operational or legal obligations that AGENT may or may not place up themselves by performing AGENT services. 7. Equipment Responsibility & Liability. AGENT is responsible to control and maintain all equipment inventory that has been provided by the COMPANY to the AGENT. All COMPANY equipment shall be properly maintained including being kept in cases and kept in perfect operational condition, free from any newly created damages or loss. Any new damages created by the customer or missing Independent Agent Agreement (Island Contractor) Hawaiian Island Enterprises, LLC. Version 1.0 3 inventory not returned by the customer, needs to be reported to HMF administrators within 24 hours of AGENT picking up the equipment. If AGENT does not notify HMF of new damages or loss, AGENT may be held completely responsible for the cost of equipment repair or replacement. 8. Indemnification. AGENT shall defend, indemnify and hold harmless COMPANY, its agents and employees (called collectively “COMPANY” in this section) from all claims, liabilities, losses, and expenses, including reasonable attorney’s fees incurred by COMPANY arising out of injury or death to third persons including COMPANY’S or AGENT’S agents or employees, or damage to property of COMPANY or third person, if the injury, death or damage is caused by any act or omission (negligent or otherwise) of AGENT. 9. Customer Credit & Billing. COMPANY shall be solely responsible for invoicing customers for all services arranged under the terms of this Agreement. AGENT is not authorized by COMPANY to receive any collections, payments, credits or reimbursements from customers and/or service providers for services rendered by AGENT or COMPANY or COMPANY Vendors under the terms of this Agreement. Any amounts received by AGENT in payment for such services will be immediately remitted to COMPANY within 48 hours. AGENT IS NOT AUTHORIZED AND WILL NEVER BILL A CUSTOMER OR RECEIVE DIRECT PAYMENT FROM A COMPANY CUSTOMER. All COMPANY Invoices to customers will have a remit to address of: Hawaiian Island Enterprises, LLC. 75-5660 Kopiko St. C7, #409, Kailua-Kona, HI. 96740. COMPANY RESPONSIBILITIES 10. AGENT Commission COMPANY shall pay AGENT for all pick up and delivery services performed under the Agreement, the commissions set forth in Schedule A. Upon cancellation of this Agreement for any reason, commissions due AGENT will not be paid until all payments are received from customer(s) attributable to AGENT, services have been completed and all COMPANY equipment has been returned to the COMPANY by the AGENT. 11. COMPANY’s Other Responsibilities. COMPANY shall file all reports required by law or regulation for all service revenues generated by AGENT on behalf of COMPANY. COMPANY shall be responsible for its own costs, expenses, compliance, finances and operational obligations. MISCELLENEOUS TERMS 12. Cancellation. This agreement may be cancelled without cause by either party at any time for any reason or no reason at all. In the event that an arrearage exists on AGENT'S account at the time of cancellation, due to short pay, advance, chargeback, or unforeseen expenses, full payment to COMPANY from AGENT Independent Agent Agreement (Island Contractor) Hawaiian Island Enterprises, LLC. Version 1.0 4 will be due to COMPANY from AGENT within 30 days. All COMPANY equipment must be returned to the company within 7-Business Days. 13. No Back-Solicitation. COMPANY and AGENT agree not to back-solicit each other’s customers or COMPANY’s Vendors during the time this Agreement is in effect and a period of one year after termination thereof. This does not apply to customers that were found to be mutual, at the time of this agreement inception, and can be proven as such. 14. Notices. All notices, requests, and/or other communications between the parties to this Agreement shall be made in writing and delivered in person or by email, or facsimile properly addressed to each party whom given with postage and charges prepaid. A notice shall be deemed given only when received by the party to whom such notice is filed with an operating U.S. Post Office or faxsimile (2) AGENT has gone online to the AGENT portal and selected Cancel Agreement (3) when notification is actually physically received in the mail, whichever first occurs. Notices shall be delivered to the following addresses: TO COMPANY: HAWAIIAN ISLAND ENTERPRISES, LLC. 5660 KOPIKO ST. C7, #409 KAILUA-KONA, HI. 9674 TO AGENT: _____________________________________________________ _____________________________________________________ _____________________________________________________ 19. Assignments. Neither party hereto may assign or transfer this Agreement in whole or part, or any interest arising hereunder or delegate any duty hereunder without prior written consent of the other party except that without such consent this Agreement may be assigned or transferred by either party to (I) its parent corporation or (II) any corporation a majority of whose capital stock is owned by such party. Subject to the provisions of this section, this Agreement shall inure to the benefit of and be finding upon the successors and permitted assigns of the parties hereto. 26. Amendment and Modification. This agreement constitutes the entire agreement and understanding between the parties and supersedes any and all prior agreements and understandings either oral or written. Amendments or modifications to this Agreement shall be in writing and must be signed by a duly authorized representative of each party. Independent Agent Agreement (Island Contractor) Hawaiian Island Enterprises, LLC. Version 1.0 5 27. Confidentiality. Except as and to the extent required by law the existence of this Agreement, its terms and all information pertaining to each shipment hereunder, shall be confidential and shall not be disclosed by either party to persons other than its directors, officers, employees, agents, attorneys, accountants, and auditors. To the extent necessary for the furtherance of either party’s commercial activity, the provisions of this section shall survive the termination, expiration or cancellation of the Agreement for a period of one year. 28. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii without regard to its conflict of laws rules or procedures, except to the extent that United States Federal Law applies. Any action to enforce any provision of the Agreement shall be brought in a court of appropriate jurisdiction in Honolulu, Hawaii and costs and reasonable attorneys’ fee shall be awarded to the prevailing party in any such action. By execution of this Agreement, AGENT agrees to be subject to the jurisdiction of said Hawaiian courts. 29. Waiver. A waiver of a breach hereunder shall not be deemed a waiver of any other prior or contemporaneous breach or of any other subsequent breach. 30. Severability. In the event that any of the provisions of this Agreement shall be determined to be inoperative or unenforceable, said determination shall not affect the force and effect of any of the rest of the provisions of the Agreement. 31. Section Headings. All section heading in the Agreement are inserted for convenience only, and shall not affect any construction or interpretation of the Agreement. 32. Term. The term of this Agreement shall begin on the _____ day of __________ 201___ and shall end when mutually agreed to unless terminated as provided by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement this _____ day of ______________ , 201____ . HAWAIIAN ISLAND ENTERPRISES, LLC AGENT FED ID: 81-1864722 BY ________________________________ BY _________________________ TITLE _____________________________ TITLE ______________________ BY _________________________ TITLE ______________________ Independent Agent Agreement (Island Contractor) Hawaiian Island Enterprises, LLC. Version 1.0 i SCHEDULE A ISLAND CONTRACTOR (AGENT) COMMISSIONS I. Commissions. Commissions shall be fixed and based entirely upon what service or services are purchased by the customer. Commissions will be paid to AGENT by COMPANY on a Bi-Monthly Schedule (2nd and 17th of the month) for all AGENT booked services whose invoices are both paid in full by by the customer to COMPANY and the requested service has also been completed. Island Contractor - Commissions Earned Restaurant Pick Up $20 Only on 1st Pick Up from Restaurant or Grocery Store. Grocery Store Pick Up $25 Only on 1st Pick Up from Restaurant or Grocery Store. Additional Pick Ups $15 Any 2nd requested daily pick up from Restaurant or Store Delivery to the Harbor $25 All deliveries between 5:45 and 6:00 am to all boats Pick Up from the Harbor $5 This is for the GoPro Camera Equipment Independent Agent Agreement (Island Contractor) Hawaiian Island Enterprises, LLC. Version 1.0 ii SCHEDULE B Food & Beverage Services – Island Contractor Responsibilities 1. HMF is looking for a responsible Island Contractors that can be relied up and are consistently available. Island Contractors will receive an email and text message notification from HMF system that there is a pending service call. The email will contain the Order detail. The Contractor needs to confirm the HMF Service Call within 20 minutes. If the Contractor does not respond, the HMF system will continue to send emails and SMS messages until contractor responds. 2. HMF is looking for agents that can pick up food orders in the evening between the hours of 6-8pm 3. HMF is looking for agents that can grocery shop for orders between the hours of 6-8pm 4. HMF is looking for agents that will deliver the order directly to the fishing boats at 6am, the following morning. Some restaurant pick ups may also be the morning of the scheduled trip. 5. Must inspect and ensure that all Food & Beverage orders are accurate before departing a Restaurant or Grocery location. 6. Agent must provide a working refrigerator that will keep all Restaurant Orders and Cold Grocery items temperature controlled. This includes but is not limited to all Restaurant Orders, as well as many Grocery items including Breakfast and Lunch Sandwiches, Burritos, All Deli Items, Dairy, Fruits, Vegetables, Juices. 7. The contractor is required to return home immediately to place all temperature controlled items (Deli, Meats, Yogurts etc…) into their refrigerator and contractor is to transfer all of the remaining shopped items that are OK being stored in room temperature environments into the HMF shopping bags. Both the customers name and the boat name should be written on a piece of paper and taped (put inside the pouch) the outside of the HMF bag. 8. Contractor is required to gather all Cold and Room Temperature stored food, and bring all Food and Beverage orders to each of the boats at 545am in the morning. All Food, Beverage and GoPro Orders will always be delivered to the boats in HMF Branded Bags that have been provided to the AGENT. 9. Contractor should always print out the Order and/or always make sure that they have their mobile device with them when picking up or shopping, so that they can easily view and check off the order details to ensure accuracy. Independent Agent Agreement (Island Contractor) Hawaiian Island Enterprises, LLC. Version 1.0 iii SCHEDULE C GoPro Services – Island Contractor Responsibilities Every Island Contractor will be provided with (2) Go Pro Cameras, (2) Mounts and all of the required components for video services. All video equipment is the property of HMF. 1. Island Contractors will receive an email and text message notification from HMF system that there is a pending service call for GoPro Video Equipment. 2. The Island Contractor needs to confirm the Service Call within 20 minutes. If the Island Contractor does not respond, HMF will continue to send emails and text messages until the contractor does respond. 3. Island Contractor should print out the order and/or make sure that they have their mobile device with them so that they can view the service call order specifics at any time. It’s always good to double check that you have all accessories in the bag that is being delivered to the customer. 4. The Island contractor is required to go to make sure that the camera battery is fully charged and the that the replacement batteries are also fully charged. There should be two batteries provided for every camera that is supplied (one in camera and one extra). 5. The Island Contractor is required to ensure that the camera is working properly before packing. Equipment and accessories that are to also be included are (1) GoPro Camera (1) Camera Remote Control (3) fully charged batteries, (1) Dual Battery Charger and Cord, (1) Handheld Camera Mount, (1) Head Strap Mount and (1) Boat Mount. 6. Island Contractor is required to make sure that all Camera’s are delivered to the boats at 545am. Island Contractor and/or the boat crew are NEVER permitted to install the camera equipment onto the boat the night before a trip or leave the camera equipment installed overnight after the completion of the trip. 7. Upon delivery, Island Contractor is required to stay at each of the boats until the camera is mounted on the fly-bridge and outriggers (if requested). Island Contractor is required to show each boat crew and the customers how to charge the batteries, replace and insert the batteries and when/ how to use (Start and Stop) the camera for video or picture taking. 8. Island Contractor is required to return to the boats every afternoon to retrieve the Video Cameras from the boat crew. If Island Contractor cannot return in the afternoon or evening to the boats, Island Contractor must notify HMF administrators before 11am. 9. Upon pick up of equipment, Island Contractor should visually inspect that the camera and ensure that all components, chords, camera and equipment are returned (nothing missing) and that there is no new damage. 10. Island Contractor needs to send message on phone checking the items back into inventory with the Island Contractor. HMF will continue to send messages to the agent until the video equipment is checked back into inventory.
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Terms & conditions
Independent Agent - Contractor Agreement (Sales) Hawaiian Island Enterprises, LLC. Version 1.0 1 HAWAIIAN ISLAND ENTERPRISES, LLC INDEPENDENT AGENT CONTRACTOR AGREEMENT (SALES) THIS AGREEMENT is made into by and between HAWAIIAN ISLAND ENTERPRISES, LLC a Hawaiian Limited Liability Corporation whose address is 75- 5660 Kopiko St. C7, #409, Kailua-Kona, HI. 96740 (“COMPANY”) and _ whose address is _______ _____________________ __ (“AGENT”) and whose Federal Employee Identification Number or Social Security Number is __________________________. INTRODUCTION COMPANY holds authority from the State of Hawaii (TAX ID: W24192592-01) and the United Stated Department of Treasury (FEDERAL TAX ID: 81-1864722) A. to engage in business operations of services & commodities. B. COMPANY desires to utilize AGENT as an independent contractor for the purpose of finding and securing new customers that are interested in booking COMPANY services or purchasing COMPANY retail commodities. C. AGENT desires to act on COMPANY’s behalf as described in section B above and as further set forth herein. NOW, THEREFORE in consideration of the mutual promises contained in the Agreement, COMPANY and AGENT agree as follows: APPOINTMENT & TERRITORY OF AGENT 1. Appointment of Agent. COMPANY appoints AGENT to act on behalf of COMPANY for soliciting and booking of trips and services, and/or for the purchase of any general commodities being sold by COMPANY. AGENT’S authority shall extend only those action reasonably necessary to carry out the intent of this Section. Any other acts or omissions are strictly prohibited and shall be deemed to be ultra varies. 2. AGENT territory is principally, but not exclusively, in the area of the State of Hawaii (all Islands) United States of America. AGENT RESPONSIBILITIES 3. Services. AGENT shall solicit trips on behalf of the COMPANY and under COMPANY’s name. In performing such services AGENT shall comply with all laws and regulations applicable to COMPANY’s business as a third party charter boat brokerage and resaler of commodities. AGENT shall comply with all other applicable federal, state, and local laws and regulation. Independent Agent - Contractor Agreement (Sales) Hawaiian Island Enterprises, LLC. Version 1.0 2 4. Sales: AGENT will be solely responsible for all sales efforts and costs associated with the solicitation of new business. COMPANY will only provide generic business cards to the AGENT at no cost to the AGENT. COMPANY may assist AGENT in arranging services and purchases from time to time, and this does not effect the AGENT commissions. 5. Booking of Services. The booking of any services by the AGENT’s prospect customer by way of inputting the AGENT ID through the COMPANY website, on behalf of the COMPANY, establishes AGENT’S right to claim future commissions. Commissions will be paid to AGENT by COMPANY on a BiMonthly Schedule (2 nd and 17th of the month) for all BOOKED AGENT services whose invoices were paid in full by AGENT customers to COMPANY and the requested services completed. 6. AGENT ID’s & Notifications of Bookings. AGENTS will be provided with their own unique AGENT ID that is to be hand written onto the generic business cards that are being provided to AGENT by the COMPANY. When AGENT ID’s are entered into the website eBooking system, AGENT commissions will be triggered, and an automated email notifiation will be sent to the AGENT. NOTE: Payment for commissions only becomes guaranteed when the services have been booked, paid for and services completed. 7. Independent Contractor. AGENT shall be an independent contractor. AGENT shall have exclusive control and direction over all persons engaged in its services. AGENT assumes full responsibility and liability for the payment of local, state and federal payroll taxes or contributions and for taxes or premiums for unemployment insurance, workers compensation, old age pensions, or other social security and related protection with respect to the persons engaged in the performance of such AGENT’S services, and agrees to comply with all applicable rules and regulations pertaining thereto. AGENT represents that it is an independent contractor and not an employee of COMPANY and not entitled to any of COMPANY’s employee benefits. As an independent contractor, AGENT may not and shall not make any claims against COMPANY for workers’ compensation payments, unemployment benefits, or any other compensation, contributions or payments. AGENT shall not, in any way, obligate, or attempt to obligate, or create any liability on behalf of COMPANY. AGENT agrees to hold COMPANY harmless and indemnify it from any claims arising out of the services AGENT performs. 8. Agent’s Expenses. AGENT shall be solely responsible for all of its costs and expenses, which may possibly include, but not be limited to maintaining an office, telephones, fax machines, computer, office supplies, employees, auto payments, fuel, insurance of all types, travel, solicitation and advertising, and the fulfillment of all financial, safety, operational or legal obligations that AGENT may or may not place up themselves. Independent Agent - Contractor Agreement (Sales) Hawaiian Island Enterprises, LLC. Version 1.0 3 9. Indemnification. AGENT shall defend, indemnify and hold harmless COMPANY, its agents and employees (called collectively “COMPANY” in this section) from all claims, liabilities, losses, and expenses, including reasonable attorney’s fees incurred by COMPANY arising out of injury or death to third persons including COMPANY’S or AGENT’S agents or employees, or damage to property of COMPANY or third person, if the injury, death or damage is caused by any act or omission (negligent or otherwise) of AGENT. 10. Customer Credit & Billing. COMPANY shall be solely responsible for invoicing customers for all services and retail commodities sales that are arranged under the terms of this Agreement. AGENT is not authorized by COMPANY to receive any collections, payments, credits or reimbursements from customers and/or service providers for services rendered by AGENT or COMPANY or COMPANY Vendors under the terms of this Agreement. Any amounts received by AGENT in payment for such services will be immediately remitted to COMPANY within 48 hours. AGENT IS NOT AUTHORIZED AND WILL NEVER BILL A CUSTOMER OR RECEIVE DIRECT PAYMENT FROM A COMPANY CUSTOMER. All COMPANY Invoices to customers will have a remit to address of: Hawaiian Island Enterprises, LLC. 75-5660 Kopiko St. C7, #409, Kailua-Kona, HI. 96740. COMPANY RESPONSIBILITIES 11. AGENT Commission COMPANY shall pay AGENT for service bookings made and services performed under the Agreement, the commissions set forth in Schedule A. Upon cancellation of this Agreement for any reason, commissions due AGENT will not be paid until all payments are received from customer(s) attributable to AGENT and services have been completed. 12. COMPANY’s Other Responsibilities. COMPANY shall file all reports required by law or regulation for all service revenues generated by AGENT on behalf of COMPANY. COMPANY shall be responsible for its own costs, expenses, compliance, finances and operational obligations. MISCELLENEOUS TERMS 13. Cancellation. This agreement may be cancelled without cause by either party at any time for any reason or no reason at all. In the event that an arrearage exists on AGENT'S account at the time of cancellation, due to short pay, advance, chargeback, or unforeseen expenses, full payment to COMPANY from AGENT will be due to COMPANY from AGENT within 30 days. 14. No Back-Solicitation. COMPANY and AGENT agree not to back-solicit each other’s customers or COMPANY’s Vendors during the time this Agreement is in effect and a period of one year after termination thereof. This does not apply to Independent Agent - Contractor Agreement (Sales) Hawaiian Island Enterprises, LLC. Version 1.0 4 customers that were found to be mutual, at the time of this agreement inception, and can be proven as such. 15. Notices. All notices, requests, and/or other communications between the parties to this Agreement shall be made in writing and delivered in person or by email, or facsimile properly addressed to each party whom given with postage and charges prepaid. A notice shall be deemed given only when received by the party to whom such notice is filed with an operating U.S. Post Office or faxsimile (2) AGENT has gone online to the AGENT portal and selected Cancel Agreement (3) when notification is actually physically received in the mail, whichever first occurs. Notices shall be delivered to the following addresses: TO COMPANY: HAWAIIAN ISLAND ENTERPRISES, LLC. 5660 KOPIKO ST. C7, #409 KAILUA-KONA, HI. 9674 TO AGENT: _____________________________________________________ _____________________________________________________ _____________________________________________________ 19. Assignments. Neither party hereto may assign or transfer this Agreement in whole or part, or any interest arising hereunder or delegate any duty hereunder without prior written consent of the other party except that without such consent this Agreement may be assigned or transferred by either party to (I) its parent corporation or (II) any corporation a majority of whose capital stock is owned by such party. Subject to the provisions of this section, this Agreement shall inure to the benefit of and be finding upon the successors and permitted assigns of the parties hereto. 26. Amendment and Modification. This agreement constitutes the entire agreement and understanding between the parties and supersedes any and all prior agreements and understandings either oral or written. Amendments or modifications to this Agreement shall be in writing and must be signed by a duly authorized representative of each party. 27. Confidentiality. Except as and to the extent required by law the existence of this Agreement, its terms and all information pertaining to each shipment hereunder, shall be confidential and shall not be disclosed by either party to persons other than its directors, officers, employees, agents, attorneys, accountants, and auditors. To the extent necessary for the furtherance of either party’s commercial activity, the provisions of this section shall survive the termination, expiration or cancellation of the Agreement for a period of one year. Independent Agent - Contractor Agreement (Sales) Hawaiian Island Enterprises, LLC. Version 1.0 5 28. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii without regard to its conflict of laws rules or procedures, except to the extent that United States Federal Law applies. Any action to enforce any provision of the Agreement shall be brought in a court of appropriate jurisdiction in Honolulu, Hawaii and costs and reasonable attorneys’ fee shall be awarded to the prevailing party in any such action. By execution of this Agreement, AGENT agrees to be subject to the jurisdiction of said Hawaiian courts. 29. Waiver. A waiver of a breach hereunder shall not be deemed a waiver of any other prior or contemporaneous breach or of any other subsequent breach. 30. Severability. In the event that any of the provisions of this Agreement shall be determined to be inoperative or unenforceable, said determination shall not affect the force and effect of any of the rest of the provisions of the Agreement. 31. Section Headings. All section heading in the Agreement are inserted for convenience only, and shall not affect any construction or interpretation of the Agreement. 32. Term. The term of this Agreement shall begin on the _____ day of __________ 201___ and shall end when mutually agreed to unless terminated as provided by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement this _____ day of ______________ , 201____ . HAWAIIAN ISLAND ENTERPRISES, LLC AGENT FED ID: 81-1864722 BY ________________________________ BY _________________________ TITLE _____________________________ TITLE ______________________ BY _________________________ TITLE ______________________ Independent Agent - Contractor Agreement (Sales) Hawaiian Island Enterprises, LLC. Version 1.0 i SCHEDULE A COMMISSIONS I. Commissions. Commissions shall be fixed and based entirely upon what service is purchased by the customer. Commissions will be paid to AGENT by COMPANY on a Bi-Monthly Schedule (2nd and 17th of the month) for all AGENT booked services whose invoices are both paid in full by by the customer to COMPANY and the requested service has also been completed. Agent Program - Commissions Earned Other Trips = See Schedule Shared Angler = See Schedule 4hr Private = See Schedule 6hr Private = See Schedule 8hr Private = See Schedule 10hr Private = See Schedule Over Night or Inter Island = See Schedule Note: Other Trips” refers to all other HIE offered trips other than Fishing trips…
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