SALARY & COMMISSION SALES AGREEMENT BETWEEN

THE GLENWOOD SPRINGS CHAMBER RESORT ASSOCIATION AND [EMPLOYEE NAME] WESTLEY, VICE PRESIDENT OF MEMBERSHIP DEVELOPMENT

This contract is entered into as of August 1, 2005 by and between the Glenwood Springs Chamber Resort Association (hereinafter referred to as the CRA, with its offices located at 1102 Grand Avenue, Glenwood Springs, Colorado) and [EMPLOYEE NAME] (hereinafter referred to as [EMPLOYEE NAME]).

Witnesseth:

Whereas, the CRA requests the services of [EMPLOYEE NAME] to increase the CRA’s membership and financial base through new members, subscribers to the 24-Hour Information System, Chamber publications and other assigned projects.

Whereas,[EMPLOYEE NAME] will hold the title: Vice President of Membership Development and is considered to be a full time employee of the Chamber and is subject to all the benefits and guidelines as outlined in the Chamber Employee Handbook, [EMPLOYEE NAME] will report directly to President/CEO.

Now therefore, in consideration of the mutual promises, the above parties have entered into this Agreement as follows:

  1. The CRA, at its sole discretion, may assign business contacts to [EMPLOYEE NAME].
  1. [EMPLOYEE NAME] shall be paid as follows:

Membership sales and upgrades will generate commissions at the appropriate rate, according to the schedule below, retroactive to the first dollar of sales. Total volume of sales for each month will determine the commission package earned for each commission sales item.

Base Salary

$18,000 annual base salary for performing the following duties:

  1. Check into the office daily.
  2. Be responsible for Ambassadors and Networking Leads Group and any other committees assigned by the President & CEO.
  3. Arrange for and produce Ribbon Cuttings, TV shows; membership applications; telephone voice messaging and any other duties assigned by the President & CEO.
  4. Selling sponsorships for events as directed by the President & CEO.
  5. Direct board and staff in implementing the Retention Plan adopted by the Board of Directors.

New Member Sales

30% Commission of the first $1,500 secured per month.

40% Commission of any amount over $1,500 secured per month.

Delinquent Renewal Accounts:

20% Commission of the first $1,000 secured per month from delinquent accounts.

25% Commission of any amount over $1,000 secured per month from delinquent accounts.

**Members are expected to renew within 60 days of the due date on their invoice. After 60 days they are subject to cancellation. On the first working day of each month, the bookkeeper will provide [EMPLOYEE NAME] with a list of unpaid memberships and a list of all revenue received during the previous month.

Renewals

20% Commission on increased investment from existing members as recorded monthly by [EMPLOYEE NAME] on proper form and verified by the bookkeeper.

20% Commission for first year renewals of accounts secured previous year. ([EMPLOYEE NAME] will visit businesses twice a year to ensure retention.)

10% Commission for second year renewals of accounts secured.

24-Hour Information System

25% Commission on monies collected from subscribers to the system.

Other

25% Commission on TRENDS, maps or other special project sales as assigned by President CEO.

25% on upgraded membership investments of existing members (to bronze, silver platinum levels).

50% Commission on new projects which are initiated by the sales team (first year only), 25% for sales thereafter.

25% Commission on internet banner ads.

25% Commission on Electronic membership list sales.

15% Commission on magazine ads.

Other duties as assigned will be paid on a per project basis.

3)[EMPLOYEE NAME] will be kept up to date on all CRA programs and priorities throughout the year. [EMPLOYEE NAME] will be invited, at no charge, to attend CRA functions; Business After Hours mixers, Leads Group Meetings, General Membership Luncheons, etc.

4)Sales staff is required to attend weekly staff meetings. An active prospect is a non-member with whom [EMPLOYEE NAME] has an on-going dialogue for membership. At a minimum, records need to be kept of each contact to a prospect and the resulting follow-up action required. This is to ensure that [EMPLOYEE NAME] gets credit for her sales. The same reporting requirement will be made of other sales staff.

Payment of Compensation.The Vice President of Membership Development (“Employee”) shall be compensated by payment of a commission of on gross sales as outlined in the advertising sales contract. All sales commissions to which Employee may be entitled shall be due and payable in the next pay period as long as sales reports are received within one week prior to the pay date. Payroll is processed twice monthly on the 15th and last day of the month. Payment shall be based upon the amount that has actually been paid by the customer to the Chamber in the preceding pay period, and all sales shall be reported within two weeks of revenue being received. The finance department or bookkeeping service shall verify that payments have been received. Employee is responsible for providing adequate documentation when sales reports are submitted. In no event shall the Chamber be liable for or pay any sales commission on an amount not actually received in payment by the Chamber.

Nondisclosure of Confidential Information.

a)Employee acknowledges that in the course of his/her employment by the Chamber he/she will become acquainted with the Chamber’s members/customers, and other confidential details of the Chamber’s business, including the Chamber’s methods of pricing and soliciting business. Employee acknowledges that the Chamber’s relationship with its members is a valuable business asset belonging to the Chamber, whether the member is introduced through the efforts of Employee or was an existing member at the time Employee’s employment began.

b)Employee will not, during the term of his/her employment, or at any time thereafter, disclose or make use of for himself or herself or for any other person, corporation, or entity, any confidential information of any nature concerning the business, clients, members, methods, operations, financing, or services of the Chamber or its affiliates. Employee specifically acknowledges that he/she will have access to the Chamber’s customer/membership lists, customer cards, details as to the customer’s purchasing habits, costs, discounts, and pricing information, and other details of the Chamber’s business solely for the purpose of furthering the Chamber’s business interests, and that he/she will at no time reveal such information to others, use it for his/her own benefit or the benefit of a competitor, or make any other use of such information.

Non-competition.Employee covenants and agrees that while he/she is in the employ of the Chamber and for a period of 36 months after leaving the employment of the Chamber, whether his/her employment is terminated by the Chamber or the Employee, he/she shall not under any circumstances or conditions whatsoever:

a)engage in, or become interested in, directly or indirectly, as individual, partner, stockholder, director, officer, clerk, principal, agent, employee, or salesperson, any business competitive to that of Employer, within a radius of 50 miles from the borders of Glenwood Springs;

b) engage in the selling or dealing in any products or merchandise similar to that sold or serviced by the Chamber, which include without limitation, advertising in publications which directly compete with Chamber publications in existence at the time of departure from the organization, and Chamber memberships;

c)in any way, directly or indirectly, divert or attempt to divert from the Chamber any business, patronage, or membership to any other person, firm, or corporation.

d)Employee acknowledges that he/she is receiving good and sufficient consideration from the Chamber for the execution of this non-competition clause.

[EMPLOYEE NAME] is expected to maintain the highest standards of professional conduct at all times.

Formal performance evaluations will be conducted annually.

This agreement may be terminated at any time with or without cause upon two weeks notice.

IN WITNESS WHEREOF, the parties hereto affixed their hands on the ______of ______, 2005.

GLENWOOD SPRINGS CHAMBER RESORT ASSOCIATION:

By: Witness:

Title: Title:

Date: Date:

[EMPLOYEE NAME] WESTLEY:

Date:

Witness: Date:

Agreement between [EMPLOYEE NAME] Westley and the 1

Glenwood Springs Chamber Resort Association