I. PURPOSE OF AGREEMENT
DS&A is in the business of referring prospective personnel (managerial, supervisory, administrative, consulting, etc.) to educational entities and other business organizations. Company agrees to retain DS&A on a non-exclusive basis for the purpose of recruiting and referring personnel for Company, based upon the written job specification or description of the position to be filled.
II. COMPENSATION FEE
For personnel hired, for any position directly as a result of DS&A's effort, Company agrees to pay a fee of 30% (thirty percent) of the first year's guaranteed annualized compensation package to DS&A. Company agrees to pay DS&A the fees referred to above upon candidate's start date.
III. GUARANTEES
For the placement services, DS&A agrees to provide a ninety (90) day guarantee. Should the candidate leave without cause or be terminated with cause within the guarantee period, DS&A will endeavor to provide a replacement candidate within ninety (90) days.
IV. CANDIDATE OWNERSHIP
Should company reactivate an interest through any source, and hire any candidate for any position procured and presented by DS&A for a period of one (1) year from the date of first introduction of said candidate to company; or for a period of one (1) year from the date of any declined offer from company, then the company will be liable to pay DS&A a fee of 30% (thirty percent) of the total compensation offered to the new hire.
V. DISCLAIMER
Although DS&A obtains preliminary information on a candidate's qualifications, capabilities and experience, it is the responsibility of the company to conduct its own background checking of the candidate. Therefore, DS&A disclaims any liability, other than as set forth herein, regarding the candidate's employment.
VI. EXPENSES
DS&A will be responsible for covering its own expenses, including telephone, travel, clerical, administrative, etc.
VII. CONFIDENTIALITY
DS&A understands and agrees that it may be privy to certain information that is confidential to Company. As such, DS&A agrees to keep such information in strictest confidence.
VIII. GOVERNING LAW AND NON-ASSIGNMENT
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Any controversy arising from or related to this Agreement shall be resolved in arbitration under the procedural laws than appertaining in the State of Arizona, such arbitration to be held in the State of Arizona. The prevailing party shall be entitled to be paid for costs and attorneys' fees. Either party without the other party's written permission cannot assign this Agreement.
IX. TERMINATION
Both parties reserve the right to terminate this Agreement upon thirty (30) days notice. All termination notices shall be made in writing. In the event of termination of this Agreement, placement fees due DS&A will be paid on all placements made before the termination date. In addition, the placement fee will be paid on any hire made within one (1) year after termination where the placement candidate had been referred by or through DS&A to Company.
The following box must be checked:
I have read and understand this agreement in its entirety, and by checking the box to the left I am indicating that I agree to all of the terms and conditions set forth herein.