Qualitox Laboratory Consultant Agreement
This independent contractor agreement (“Agreement”) is made by and between Qualitox Laboratory Management Services, (“The Company”) a Texas Limited Liability Company & (The Contractor(s)”) effective on the date of the signature at the end of this agreement.
WHEREAS, Company is engaged in the marketing of products to physician’s clinics, hospitals or similar setting and is in need of individuals/entities, who or which will be able to promote, develop, expand and support the Company’s diagnostic services to health care providers throughout the states where Company is licensed or authorized to do business; and
WHEREAS, Contractor has experience in providing business development and marketing services on behalf of private clinics and health care facilities; and
WHEREAS, Company desires to engage Contractor as a Laboratory Consultant;
NOW, THEREFORE, in consideration of the foregoing premises, and the terms, covenants and conditions set forth in this Agreement, and for other good and valuable consideration, the parties, desiring to be legally bound, agree as follows:
This agreement may be terminated immediately upon the occurrence of the following events:
(a) the mutual written agreement of Company and Contractor to terminate this Agreement;
(b) the resignation of Contractor, provided that Contractor provides at least 30 days prior written notice;
(c) the election of Company, without cause, to terminate the Contractor’s engagement
(e) any event or violation which constitutes “just cause” for termination pursuant to Paragraph 17, below, in which case Company may terminate this Agreement immediately.
The Company has the right to change or terminate this contract and any or all services rendered by the Contractor at any time, without notice. The Company may terminate this Agreement immediately for any event which constitutes “just cause” below:
No Debarment/Exclusion: The contractor and contractor’s representatives certify to the fact that there is no exclusion under section 42 U.S.C. §1320(a)-7. (Exclusion of certain individuals and entities from participation in Medicare and State health care programs). Exclusion under 42 U.S.C. §1320(a)-7 will result in immediate termination of this contract. A background check will be done on all new independent contractors through the Office of the Inspector General, US Dept of Health & Human Services.
The Contractor agrees to watch & listen to the following OIG Compliance Training Video's:
Federal Anti-Kickback Statute (4.44 min)
Physician Self-Referral Law (4.19 min)
False Claim Act (4.15 min)
If Contractor receives notice of an actual or threatened inspection, investigation, inquiry, import or export ban, Product seizure, enforcement proceeding, or similar action by a Governmental Authority with respect to any Party’s activities in connection with any Product, the Contractor will Notify the Company, within 48 hours after its receipt of such notice, of the action and will deliver to the Company, within a further 24 hours, copies of all relevant documents received from the Governmental Authority.
APPENDIX A-Contractor Responsibilities Primary Responsibilities: The contractor will provide marketing services, management and support for its representatives and accounts and function as the first point of contact for the products outlined in Appendix B in a geographical territory. This may include providing educational presentations on products, marketing to new and existing customers, in-servicing office staff on proper testing protocol and assistance on interpreting reports and ongoing account maintenance. Contractor will work with Qualitox Laboratory Management Services to keep an updated spreadsheet of its representatives & clients in the territory. Contractor must register any existing and/or new marketing reps with Qualitox Laboratory Management Services and reps must sign and return an NDA prior to releasing any company information and failure to do so may result in suspension or non-payment of the service fee.
Training The Contractor and its Representatives will attend product training sessions and compliance training as required by the Company relating to its obligations under this Agreement and its marketing, advertising, promoting, and soliciting of Products in the Territory. The details of such training will be provided by the Company to the Contractor.
Compensation In consideration for the services to be performed by Contractor, Company agrees to pay Contractor the fees set forth on APPENDIX B.
Notwithstanding any terms to the contrary in this Agreement, Company agrees to pay Contractor the fees set forth on APPENDIX B that accrue prior to the termination of this Agreement; provided, however, that Company will have no further obligation to pay Contractor any fees under this Agreement after payment to Contractor of any such amounts for services performed after the termination date.
As this is a contract position, you will be responsible for paying mileage, auto expenses & any other related expenses. A monthly statement be provided for all business activity.
APPENDIX B –Service Fee & Service Area
For marketing services provided under this agreement, the Company will pay the contractor an annual flat fee of $50,000 paid on a biweekly basis (the 1st and 15th) to market laboratory services in the territory according to job title and description. The Company shall also pay performance-based bonuses on key metrics such as product presentations to new accounts, ongoing clinical education for staff, timely submission of paperwork, the ability to handle customer inquiries and complaints to provide appropriate solutions and alternatives within appropriate time limits, maintaining sufficient inventory levels, territory growth and maintaining an established account for a 12 month period. Please note if activity ceases in the contractor's accounts, the monthly fee will be discontinued.
The Contractor must register a new account via email with a new client form, initial order or demo request (depending on product line) to deem the account “protected”. A Contractor Account that does not produce business for a 60 day period shall no longer be considered a Contractor’s Account and may be reassigned at the company’s sole discretion.
IN WITNESS WHEREOF, the parties hereby agree to the terms, covenants and conditions of this Agreement as of the date reflected on the electronic signature stamp.
Leave this empty:
Your legal name
Your email address
If you have questions about the contents of this document, you can email the document owner.
Document Name: Qualitox Laboratory Consultant Agreement
Agree & Sign