Sample Business Contracts

Employment Agreement - Brightmail Inc. and Ken Schneider

Employment Forms

Employment Contract. Employers can customize an employment agreement that states the salary, benefits, working hours and other important provisions for their new or existing employee.
Consulting Agreement. Answer simple questions to build a contract with a consultant. Specify the services rendered, when payment is due, as well as IP rights.
Commission Agreement. Employers who compensate their sales employees based on commissions can prepare an agreement to reduce misunderstandings by specifying the base salary and how commissions are calculated.
Executive Employment Agreement. Companies may offer their business executives a contract that is different from the one provided to their regular employees. Executive employment agreements may be more complex because the compensation structure may include a combination of salary and commissions, provide for bonuses based on sales, stock or other financial targets, and include non-compete, confidentiality and severance provisions.
Sales Representative Contract. Independent sales representatives offer companies the potential to increase the sale of products or services without the burden of increasing headcount. Both parties should understand how commissions are calculated, when commissions will be paid, as well as how the representative will treat confidential information from the company and whether the representative may also sell a competing line of products or services.
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May 23, 2002

Ken Schneider

626 Rockdale Drive

San Francisco, California 94127

Dear Ken:

We are pleased to offer you the position of CTO and Vice President of Operations. In this position, you will report to Enrique Salem, CEO and President.

The terms of your employment are as follows:

1.	At-Will Employment

You understand and acknowledge that your employment with the Company is for an unspecified duration and constitutes “at-will” employment. You acknowledge that this employment relationship may be terminated at any time, with or without good cause or for any or no cause, at the option either of the Company or yourself.

2.	Compensation

(a)

Base Salary: Base salary shall be semi-monthly in amounts of $7,083.33 in U.S. dollars (annualized $170,000), in accordance with customary Company payroll procedures (including compliance with applicable withholding and other laws) as the same currently exists or may exist in the future. Your position is classified as “exempt” and you will not be eligible for overtime pay.

(b)

Commission/Incentive: You are eligible for an annual performance based incentive payment opportunity equal to 20% of your base salary. This incentive payment will be based upon the achievement of management objectives to which we mutually agree and will be paid according to the incentive payment plan.

3.	Employment Terms

Please note that this offer is the entire agreement and understanding between you and the Company regarding your employment relationship and supersedes any other written or oral representation or promise.

4.	Offer Close Date

This offer is open until Friday, May 24, 2002. If the offer has not been signed by you and returned to Brightmail, Inc. by the above stated date, consider this offer null and void.

5.	Start Date

Your start date in this role is effective May 16, 2002. Please indicate your acceptance of this offer letter by signing and returning it to Human Resources.

Ken, we are very excited about your continued commitment to Brightmail.

Very truly yours,

/s/ Enrique Salem

Enrique Salem

CEO and President

Agreed and Accepted:

I accept this offer of employment on the terms stated above.



/s/ Ken Schneider				5/23/2002

Ken Schneider				Date

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