Recruiter Agreement (Contingency Fee Payment)

RECRUITER AGREEMENT

(Contingency Fee)

This agreement (the "Agreement") is by and between ________________, a _____________ corporation (hereinafter "Client"), and the undersigned recruiter (hereinafter the "Recruiter").

1.       SERVICES.

Recruiter will submit names and resumes of qualified candidates (“Candidates”) for the position with the skills and/or educational background described in Exhibit A of this Agreement. Recruiter understands that the Client engages Recruiter on a non-exclusive basis and client may be simultaneously engaging other recruiters.

2.        PAYMENT AND INVOICING TERMS.

           2.1  Payment

(a)  Contingency Fees. If Recruiter presents a Candidate previously not known by Client, and said Candidate is hired by Client as a full time employee for the position set forth in Section 1 within 6 months after the introduction, Recruiter shall be entitled to a contingency fee as provided below.

(b)  Amount of Payment. Recruiter’s contingency fee will be equal to __% of the total scheduled Candidate base salary (not including bonus or benefits) for the first year in Client’s employ.

(c)  Invoicing. Invoices will be submitted when and if a Candidate accepts a written offer of employment by Client. Payment is due 60 days after the date the Candidate begins employment with Client, so long as Candidate has remained as an employee for such 60 day period.

(d)  Replacement Candidate. Recruiter will provide a free replacement Candidate for the position set forth in Section 1 (or an alternative position designated by the Client) should the Candidate leave Client’s employ within his or her first year of employment with Client.

3.        CONFIDENTIALITY AND OWNERSHIP.

3.1 Confidentiality. Recruiter recognizes and acknowledges that the Client possesses certain confidential information that constitutes a valuable, special, and unique asset. As used herein, the term "confidential information" includes all information and materials belonging to, used by, or in the possession of the Client relating to its products, processes, services, technology, inventions, patents, ideas, contracts, financial information, developments, business strategies, pricing, current and prospective customers, marketing plans, and trade secrets of every kind and character, but shall not include....