Leader’s Agreement

Terms & Conditions

This 1099 Leader’s Agreement (this “Agreement”) is made effective as of the term start date on the signed Leader’s Agreement Form by and between Eco Rocha LLC (Recipient) and the Solar Manager (Contractor). In this Agreement, the party who is contracting to receive the services shall be referred to as the “Recipient,” and the party who will be providing the services shall be referred to as the “Contractor.”

1. DESCRIPTION OF SERVICES. Beginning on the date on the signed Manager Agreement Form, the Contractor will provide the following services (collectively, the “Services”), including, but not limited to:

  • Managing their department, including, but not limited to, training new assigned contractor’s and assessing their work on an ongoing basis.

  • Prospecting, generating, and managing leads, as assigned, for solar appointments.

  • Setting solar appointments from qualified leads based on the Recipient’s Solar Prospecting & Outreach processes.

  • Closing solar appointments based on the Recipient’s Solar Closing process.

2. PAYMENT OF SERVICES.

  • Base: The Recipient will pay the Contractor for appointments they set and/or close based on the pay structure outlined on the Company Pay doc.

  • Bonus: The Recipient will pay the Contractor a bonus commission of $14.3/kW for all appointments that the company closes.

The Recipient will also provide the Contractor with the following items paid for by the Recipient:

🔐 Management Alarm & Key Access to the Office, as well as any necessary files or items pertaining to their department.

📧 Custom @gohybridenergy.com G-Suite Account

🗓 Custom @gohybridenergy.com Calendly Account

👕 Hybrid Energy Apparel & Badge

The Recipient won’t pay any other fees/expenses to the Contractor unless they’re pre-approved in writing by the appropriate executive on behalf of the Recipient. The Contractor shall be solely responsible for all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to such compensation.

3. TERM/TERMINATION. This Agreement shall last indefinitely until the Contractor or the Recipient decides to terminate it. Both parties reserve the right to terminate the contact any time. The Contractor must complete the services outlined above to avoid termination. If the Contractor doesn’t complete the services, the Recipient will terminate this Agreement. Upon the termination of this Agreement, the payment of services will also terminate.

4. RELATIONSHIP OF PARTIES. The parties understand that the Contractor is an independent contractor for the Recipient and not an employee of the Recipient. The Recipient won’t provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Contractor.

It’s contemplated that the relationship between the Contractor and the Recipient shall be a non-exclusive one. The Contractor may also perform services for other organizations and individuals. The Recipient has no right to inquire into the Contractor’s other activities unless those activities violate the terms of this Agreement.

5. RECIPIENT’S CONTROL. The Recipient reserves the right to assess the Contractor’s work and the means of accomplishing it to ensure that he or she is performing the Services based on the Recipient’s standards. Otherwise, except in extraordinary circumstances and when necessary, the Contractor shall perform the Services without direct supervision by the Recipient.

The Recipient has no right to assign services to the Contractor other than as expressly contemplated by this Agreement. However, the parties may mutually agree that the Contractor shall perform other services for the Recipient, under the terms of this Agreement.

6. PERSONAL SERVICES. The Contractor is required to render the Services personally and may not employ others to perform the Services on behalf of the Recipient.

7. NO SET WORK HOURS. The Contractor has no set hours of work. There is no requirement that the Contractor works full time or otherwise account for work hours.

8. EXPENSES PAID BY CONTRACTOR. The Contractor’s business and travel expenses are to be paid the Contractor and not by the Recipient unless otherwise noted on a per-case basis.

9. OWNERSHIP OF SOCIAL MEDIA CONTACTS. Any social media contacts, including “followers” or “friends,” acquired through accounts used or created on behalf of the Recipient, are the Recipient properties. These accounts include, but aren’t limited to, email addresses, blogs, Facebook, Instagram, LinkedIn, Snapchat, TikTok, Twitter, YouTube, or other social media networks.

10. CONFIDENTIALITY. The Contractor may have access to proprietary, private, and confidential information (“Confidential Information”) of the Recipient. Confidential Information means all non-public information that constitutes, relates, or refers to the operation of the business of the Recipient, including without limitation:

  • Financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Recipient.

  • All trade secrets, customer lists, or pricing information of the Recipient.

The nature of the information and the manner of the disclosure is such that a reasonable person would understand it to be confidential. The Contractor won’t at any time or in any way, either directly or indirectly, use for his or her benefit, divulge, disclose, or communicate the Confidential Information. The Contractor will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue indefinitely even after the termination of this Agreement. Upon the termination of this Agreement, the Contractor will return all Confidential Information to the Recipient, whether physical or electronic, and other items used, created, or controlled by the Contractor during this Agreement’s term.

This Agreement complies with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of the trade secrets when:

  1. Made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law.

  2. In a complaint or other document filed in a lawsuit if made under seal.

11. INJURIES. The Contractor waives any rights to take legal action against, or pursue recovery from, the Recipient for any injuries that they may sustain while performing the Services under this Agreement that are a result of the negligence of the Contractor.

12. INDEMNIFICATION. The Contractor agrees to indemnify and hold harmless the Recipient from all claims, losses, expenses, and fees, including attorney fees, costs, and judgments that may assert against the Recipient resulting from the acts or omissions of the Contractor, the Contractor’s employees, if any, and the Contractor’s agents.

13. NO RIGHT TO ACT AS AN AGENT. An “employer-employee” or “principal-agent” relationship is not created merely because:

  1. The Recipient has or retains the right to supervise or inspect the work as it progresses to ensure compliance with the terms of the contract.

  2. The Recipient has or retains the right to stop work done improperly.

The Contractor has no right to act as an agent for the Recipient and must notify any involved parties that he or she isn’t an agent of the Recipient.

14. ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties for matters contemplated herein shall be deemed to be merged herein and superseded as a result. Modifications of this Agreement will not be effective unless in writing and signed by the parties hereto.

15. WAIVER OF BREACH. The Recipient may waive any breach of this Agreement by the Contractor, but the Contractor may not.

 

16. SEVERABILITY. If any provision of this Agreement holds to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it’d become valid and enforceable, then such provision will need to be written, construed, and enforced as so limited.

17. APPLICABLE BY LAW. This Agreement is governed by the laws of the State of Nevada.

18. SIGNATORIES. This Agreement shall be signed by Breno Rocha (the “Procurator”) on behalf of Eco Rocha LLC and by the Contractor. This Agreement is effective as of the date signed on the Manager Agreement Form by the Contractor and the Procurator.

Updated: 4/29/23