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Positive Design Company
Digital Marketing Company – Social Media Management, Search Engine Optimization, Graphic Design, Web Design in El Paso Texas.
Brand & Identity
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Brand & Identity
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Your First and Last Name
Due to your access to confidential information, all students/non-students/employee’s/contractors working with or for Positive Design Company, LLC must sign this agreement.
“Confidential information” means any information of a secret or confidential nature relating to the internship workplace. Confidential information may include, but is not limited to, the following: trade secrets, proprietary information, customer information, customer lists, methods, plans, documents, data, drawings, manuals, notebooks, reports, models, inventions, formulas, processes, software, information systems, contracts, negotiations, strategic planning, proposals, business alliances, and training materials.
In connection with being accepted as an intern/employee/contractor, I agree to the following:
I have read and understand the above definition of “confidential information.” I agree that I will not at any time, both during and after my term in a Positive Design Company, LLC internship/employment/contract period, communicate or disclose confidential information to any person, corporation, or entity. I further recognize and agree that while in a Positive Design Company, LLC internship/employment/contract period, I may become aware of nonpublic information of a personal nature about employees or associates, including, without limitation, actions, omissions, statements, or personally identifiable medical, family, financial, social, behavioral, or other personal or private information. I will not disclose any such information that I learn in Positive Design Company, LLC internship/employment/contract period to any other person or entity, unless required by applicable law or legal process.
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Your First and Last Name
For good and valuable consideration the receipt of which is hereby acknowledged, signer of this agreement , the undersigned intern/contractor/employee hereby agrees not to directly or indirectly compete with the business of Positive Design Company, LLC (Company) and its successors.
The intern/contractor/employee acknowledges that the Company may, in reliance of this agreement, provide the intern/contractor/employee access to trade secrets, customers and other confidential data and good will. The intern/contractor/employee agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party. The intern/contractor/employee also agrees to take reasonable security measures to prevent accidental disclosure.
The intern/contractor/employee shall not compete with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of the internship/contract or employed period.
This non-compete agreement shall extend for a radius of __100___ miles of the Company’s present location and shall be in full force and effect during the period of the internship/contract or employed period.
This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.
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Independent Contractor Agreement
Independent Contractor Name:
Positive Design Company, LLC Independent Contractor Agreement - Graphic Design
This agreement is between Positive Design Company, LLC and Contractor.
Services to Be Performed
Contractor agrees to perform the following services for Client:
– Graphic Design
Time for Performance
Work will be on a per project basis as needed
Contractor will be paid a fixed rate of $15 per hour upon completion of assignments.
State & Federal Taxes
Client will not:
(a) withhold Social Security and Medicare taxes from Contractor’s payments or make such tax payments on Contractor’s behalf or
(b) withhold state or federal income tax from Contractor’s payments or make state or federal unemployment contributions on Contractor’s behalf.
Contractor will pay all applicable taxes related to the performance of services under this contract. This includes income, Social Security, Medicare, and self-employment taxes. Contractor will also pay any unemployment contributions related to the performance of services under this contract. Contractor will reimburse Client if Client is required to pay such taxes or unemployment contributions.
Neither Contractor nor Contractor’s employees are eligible to participate in any employee pension, health, vacation, sick pay, or other fringe benefit plan of Client.
Contractor will submit invoices to Client for all services performed.
Independent Contractor Status
The parties intend Contractor to be an independent contractor in the performance of the services. Contractor will have the right to control and determine the method and means of performing the contractual services
Contractor retains the right to perform the services for other clients.
Contractor, at Contractor’s expense, may employ assistants as Contractor deems appropriate to perform the contractual services. Contractor will be responsible for paying these assistants as well as any expense attributable to them, including income, Social Security, and Medicare taxes, and unemployment contributions.
Equipment and Supplies
Contractor, at Contractor’s expense will provide all equipment, tools, and supplies necessary to perform the contractual services, except for the following which will be provided by Client:
Envato Elements Subscription
Contractor will be responsible for all expenses required for the performance of the contractual services, except for the following, which will be paid for by Client: Envato Elements Subscription
Client will make no state or federal unemployment compensation on behalf of Contractor or Contractor’s employees or contract personnel. Contractor will not be entitled to these benefits in connection with work performed under this agreement.
Warranties and Representations
-Contractor has the authority to enter into this Agreement and to perform all obligations here under.
-The services to be performed are and will be free of all encumbrances including security interests, licenses, liens, or other restrictions.
-The use, reproduction, distribution, or modification of any work product resulting from the services does not and will not violate the copyright, patent, trade secret or other property right of any former client, employer, or third-party.
Contractor agrees to indemnify and hold harmless Client against any third-party claims, actions, or demands, including without limitation reasonable attorney and accounting fees, alleging or resulting from the breach of the warranties contained in this Agreement. Client will provide notice to Contractor promptly of any such claim, suit, or proceeding and will assist Contractor, at Contractor’s expense, in defending any such claim, suit, or proceeding
Term of Agreement
This agreement will become effective when signed by both parties and will terminate on the earliest of:
– the date a party terminates the Agreement as provided below.
Termination of Agreement
Each party has the right to terminate this Agreement if the other party has materially breached any obligation herein and such breach remains uncured for a period of 30 days after notice thereof is sent to the other party.
If at any time after commencement of the services required by this Agreement, Client in its sole reasonable judgment, determines that such services are inadequate, unsatisfactory, no longer needed, or substantially not conforming to the descriptions, warranties, or representations contained in this Agreement, Client may terminate this Agreement upon _5_ days’ written notice to Contractor.
Intellectual Property Ownership
Contractor assigns to Client all patent, copyright, trademark, and trade secret rights in anything created or developed by Contractor for Client under this Agreement. Contractor will help prepare any papers that Client considers necessary to secure any patents, copyrights, trademarks or other proprietary rights.
This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. This agreement may not be amended except in a writing as provided for in this Agreement.
This agreement will be governed by and construed in accordance with the laws of the state of Texas.
All notices must be in writing. A notice may be delivered to 7632 Remcon Circle, El Paso, TX 79912 or by Email to Jaime@positivedesigncompany.com
This Agreement does not create a partnership relationship. Contractor does not have authority to enter into contracts on Client’s behalf.
MY SIGNATURE BELOW INDICATES THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT.
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