Name : Audre Ardita Pospos

Class : BK-5D
NIM : 2005071093
English 4
Terms of
Employment Contract (min 80)

1. Employment
Employer shall employ Employee as a __________ [Job title] on a ☐ full time
☐ part time basis under this Agreement. In this capacity, Employee shall have the
following duties and undertake the following responsibilities:

 ____________________________________
 ____________________________________
 ____________________________________

Employee shall perform such other duties as are customarily performed by other persons in
similar positions, including other duties as may arise from time to time and as may be
assigned.

2. Performance of Duties
Employee shall perform assigned duties and responsibilities in a professional manner,
in good faith, and to the best of Employee’s skills, abilities, talents and experience. 

3. Term
☐ Fixed Term. Employee’s employment under this Agreement shall begin on
___________, 20___ and will terminate on ___________, 20___.  

☐ At Will. Employee’s employment under this Agreement shall begin on

___________, 20___ and be for an unspecified term on at “at will” basis.

Probation Period (Check one)

☐ Employee’s probation period shall be __________ ☐ month(s) ☐ week(s),
starting from the first day of Employee’s employment. In the event that Employee
fails to pass the probation period, Employer may terminate this Agreement
immediately by giving notice to Employee.  
☐ There is NOT a probation period for Employee.
4. Compensation
Compensation is one of the most influential factors in a company. Due to
compensation (Compensation) can be the main trigger for employees in determining their
future career steps and for the company as a determination of the company's strategic
steps in the future. In determining the salary, the HRD (Human Resources Development)
section is often confused in calculating the salary components.

5. Base Salary
As compensation for the services provided by Employee under this Agreement,
Employer will pay Employee $__________ ☐ per hour ☐ per week ☐ per month ☐
per year. The amount will be paid to Employee: (Check one)

☐ Once a week on the __________ day of each week.

☐ Once a month on the __________ of each month.
☐ Twice a month on the __________ of each month.
☐ Other: __________.
Employer shall deduct or withhold any and all federal income and social security
taxes and state or local taxes as required by law. 

6. Overtime
Employee shall receive overtime compensation of $__________/hr for each hour
worked: (Check all that apply)
☐ beyond __________ hours in a day
☐ beyond __________ hours in a week

☐ Employee shall NOT receive overtime compensation for services performed as a

salaried or exempt employee.

7. Additional Compensation
Employee shall be entitled to commission on the following basis: __________.
☐ Employee shall also be entitled to additional compensation for services rendered
under this Agreement on the following basis: __________.

Any additional compensation or bonuses paid to Employee shall be paid at the sole
discretion of Employer. 

8. Expenses
☐ Employer will reimburse Employee for the following reasonable out-of-pocket
expenses incurred in furthering Employer’s businesses, after Employee provides an
itemized account of expenditures pursuant to Employer policy: (Check all that apply)
 
☐ Entertainment  
☐ Travel  
 ☐ Meals  
☐ Mobile phone
☐ Other: __________

☐ Employee will NOT be reimbursed for out-of-pocket expenses

9. Work Location
Employee will primarily perform their employment duties at __________,
__________, __________ __________ (☐ between the hours of __________ [Work
hours] __________ [Days of the week]).

10. Employee Benefits

Both parties will comply with Employer policy regarding employee benefits or as
required by law. 

11. Paid Time Off

Employee shall be entitled to paid time off: (Check one)
☐ in the amount of __________ days per year.
☐ as required by state and local laws.

12. Sick Leave

Employee shall be entitled to paid sick leave of up to __________ days per year.
☐ Employee shall NOT be entitled to paid sick leave.   

13. Personal Leave

☐ Employee shall be entitled to paid personal leave of up to __________ days per
year.
☐ Employee shall NOT be entitled to paid personal leave.

14. Other
. ____________________________________

(☐ Please refer to Employer’s Employee Handbook for more specifics regarding employee
benefits.)

15. Disability
If Employee cannot perform assigned duties because of illness or incapacity for more
than __________ days, compensation due during such illness or capacity will be
reduced by __________. Full compensation will be reinstated upon Employee’s
return to work.
16. Non-Compete (INITIAL if you want to include this clause. CROSS OUT if you do
not.)
______ Employee agrees and covenants (Check all that apply) ☐ during the term of
this Agreement ☐ for a period of __________ months following the voluntary or
involuntary termination of Employee’s employment, not to: (Check all that apply) 
 
☐ Provide goods or services which directly or indirectly compete with Company  
☐ Invest either directly or indirectly in a business that directly or indirectly competes
with Company  
☐ Solicit Company employees to leave their employment  
☐ Engage in any other activities that result in injury to Company
☐ Other: __________

17. Confidentiality
☐ Employee will NOT be exposed to confidential information.

☐ Employee will be exposed to confidential information.

18. Confidential and Proprietary Information

In the course of employment, Employee will be exposed to confidential and
proprietary information of Employer. Confidential and proprietary information shall
mean any data or information that is competitively sensitive material and not
generally known to the public, including, but not limited to, information relating to
development and plans, marketing strategies, finance, operations, systems, proprietary
concepts, documentation, reports, data, specifications, computer software, source
code, object code, flow charts, data, databases, inventions, know-how, trade secrets,
customer lists, customer relationships, customer profiles, supplier lists, supplier
relationships, supplier profiles, pricing, sales estimates, business plans and internal
performance results relating to the past, present or future business activities, technical
information, design, process, procedure, formula, or improvement, which Employer
considers confidential and proprietary. Employee acknowledges and agrees that the
confidential and proprietary information is valuable property of Employer, developed
over a long period of time at substantial expense and that it is worthy of protection.  

19. Confidentiality Obligations

Except as otherwise expressly permitted in this Agreement, Employee shall not
disclose or use in any manner, directly or indirectly, any confidential and proprietary
information either during the term of this Agreement or at any time thereafter, except
as required to perform their duties and responsibilities or with Employer’s prior
written consent. 

20. Rights in Confidential and Proprietary Information

All ideas, concepts, work product, information, written material or other confidential
and proprietary information disclosed to Employee by Employer (i) are and shall
remain the sole and exclusive property of Employer, and (ii) are disclosed or
 permitted to be acquired by Employee solely in reliance on Employee’s agreement to
maintain them in confidence and not to use or disclose them to any other person
except in furtherance of Employer’s business. Except as expressly provided herein,
this Agreement does not confer any right, license, ownership or other interest or title
in, to or under the confidential and proprietary information to Employee. 

21. Irreparable Harm

Employee acknowledges that use or disclosure of any confidential and proprietary
information in a manner inconsistent with this Agreement will give rise to irreparable
injury for which damages would not be an adequate remedy. Accordingly, in addition
to any other legal remedies which may be available at law or in equity, Employer
shall be entitled to equitable or injunctive relief against the unauthorized use or
disclosure of confidential and proprietary information. Employer shall be entitled to
pursue any other legally permissible remedy available as a result of such breach,
including but not limited to damages, both direct and consequential. In any action
brought by Employer under this Section, Employer shall be entitled to recover its
attorney’s fees and costs from Employee.

22. Ownership of Work Product

The Parties agree that all work product, information or other materials created and
developed by Employee in connection with the performance of duties and
responsibilities under this Agreement and any resulting intellectual property rights are
the sole and exclusive property of Employer. 
23. Termination
This Agreement may be terminated immediately by Employer for cause or in the
event Employee violates any provision of this Agreement.
Employer’s Termination. In addition, Employer may terminate this Agreement and
Employee's employment: (Check one)
☐ at any time and for any reason in accordance with applicable local, state, and federal labor
laws
☐ at any time by giving __________ days' notice in writing to Employee. During the notice
period, Employee and Employer agree to continue diligently fulfilling their duties and
obligations in good faith with best efforts.

Employee’s Termination. Employee may terminate this Agreement and the employment:
(Check one)
☐ at any time by giving __________ days' notice in writing to Employer
☐ at any time and for any reason in accordance with applicable local, state, and federal labor
laws. During the notice period, Employee and Employer agree to continue diligently fulfilling
their duties and obligations in good faith with best efforts.

Severance (Check one)

☐ If Employee’s employment is terminated other than for cause, Employee shall be entitled
to severance in the amount of __________.
☐ Employee is NOT entitled to severance.

At the time of termination, Employee agrees to return all Employer property, including but
not limited to computers, cell-phones, and any other electronic devices. Employee shall
reimburse Employer for any Employer property lost or damaged in an amount equal to the
market price of such property.

The rights and obligations of the Parties set forth in ( ☐ Non-Compete, ☐ Confidentiality),
Ownership of Work Product, Termination and Miscellaneous are intended to survive
termination, and will survive termination of this Agreement.

24. Miscellaneous
25. Authority to Contract
Employee acknowledges and agrees that Employee does not have authority to enter
into any binding contracts or commitments for or on behalf of Employer without first
obtaining the prior written consent of Employer. 

26. Governing Law

The terms of this Agreement shall be governed exclusively by the laws of the State of
__________ (not including its conflicts of law provisions). Any dispute arising from
this Agreement shall be resolved through: (Check one)

☐ Court litigation. The dispute shall be resolved in the courts of the State of
__________.

Attorneys’ Fees
☐ If either Party brings legal action to enforce its rights under this Agreement, the
prevailing party will be entitled to recover from the other Party its expenses
(including reasonable attorneys’ fees and costs) incurred in connection with the action
and any appeal.

☐ Arbitration. The dispute shall be resolved through binding arbitration conducted in

accordance with the rules of the American Arbitration Association.

☐ Mediation. The dispute shall be resolved through mediation.

☐ Mediation then arbitration. The dispute shall be resolved through mediation. If the
dispute cannot be resolved through mediation, then the dispute will be resolved
through binding arbitration
conducted in accordance with the rules of the American Arbitration Association.
 27. Entire Agreement and Amendment
This Agreement constitutes the entire agreement between the Parties and supersedes
all prior understandings of the Parties. No supplement, modification or amendment of
this Agreement will be binding unless executed in writing by both of the Parties.

28. Notices
Any notice or other communication given or made to either Party under this
Agreement shall be in writing and delivered by hand, sent by overnight courier
service or sent by certified or registered mail, return receipt requested, to the address
stated above or to another address as that Party may subsequently designate by notice
and shall be deemed given on the date of delivery.

29. Waiver
Neither Party shall be deemed to have waived any provision of this Agreement or the
exercise of any rights held under this Agreement unless such waiver is made
expressly and in writing. Waiver by either Party of a breach or violation of any
provision of this Agreement shall not constitute a waiver of any subsequent or other
breach or violation.

30. Further Assurances

At the request of one Party, the other Party shall execute and deliver such other
documents and take such other actions as may be reasonably necessary to give effect
the terms of this Agreement.

31. Severability
If any provision of this Agreement is held to be invalid, illegal or unenforceable in
whole or in part, the remaining provisions shall not be affected and shall continue to
be valid, legal and enforceable as though the invalid, illegal or unenforceable parts
had not been included in this Agreement.

32. No Assignment
The interests of Employee are personal to Employee and cannot be assigned.

IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the date
first written above.

 
 Employee’s Signature Employee’s Full Name

Employer’s Signature Employer’s Full Name/Representative &

Title

33. Successors
Successors are only employees who receive direction and not as leaders. In the end,
the capability that is still lacking from this next generation makes it unclear who the
successor of the company will be in the future. There is also another challenge where
the younger generation is not willing to be the successor. Then, poor planning and
preparation, differences in the fit between employees and businesses, and different
perspectives between generations.

34. Applicable law

Applicable law is a collection of all laws that apply or may apply to the day-to-day
conduct of business.
This broader interpretation also includes areas of law such as contract law, lease law
or construction law.

35. Applicable Law

Applicable law is a collection of all laws that apply or may apply to the day-to-day
conduct of business.
This broader interpretation also includes areas of law such as contract law, lease law
or construction law.

36. Property
Property is an activity of managing and supervising property assets such as industrial or
commercial residential real estate carried out by contractors and or third parties.

37. Gratvities
Gratvities is a gift in a broad sense, which includes the provision of money, rebates
(discounts), commissions, interest-free loans, travel tickets, lodging facilities, tourist trips,
free medical treatment, and other facilities.

38. Company Rulers

Company Rulers is generally someone who has full responsibility in the affairs of developing a
company. A leader is seen by other employees as someone who has a role and responsibility to
protect them in working in the company.

39. Discipline Procedure

Discipline Procedure is a concept in the workplace or management to demand that employees
behave regularly. Discipline is a condition that causes or encourages employees to act and carry
out all activities in accordance with established rules.

40. General
General is a position in a company that is generally under the general division head or
head of operations.

41. Resignations
Resign in Indonesian has the meaning of starting oneself, giving up and also stopping.
This word is often used by a worker who is no longer comfortable with his job. Not only
done by workers who are still staff, even superiors can resign from work.

42. Indemnity
The Indemnity referred to here is the right of the company imposed on the employee, for
making a mistake or negligence resulting in damage, loss of goods, or company assets. For
example, compensation for negligence that caused the laptop as a company facility to be lost.

43. Health and Safety

Is our effort to create a healthy and safe work environment, so as to reduce the possibility of
work accidents/diseases due to negligence that result in demotivation and deficiency of work
productivity.

44. Pensions
Pensions are funds that are specifically collected with the aim of providing benefits to
employees when they reach retirement age, die or are disabled.

45. Data Protections

Data protections is a system that is devoted to simplifying the security of complex data.
The use of data protection is intended to avoid data loss, apply encryption, mobile
security, and mobile device management in an integrated or centralized manner.
46. Meal Break
47. Rest Days

48. Overtime Compensations

49. Maternity Benefits
50. Paternity Benefits
51. Performance of Duties
52. Personal Leave
53. Employee’s Role
54. Appearance
55. Compliance
56. Return of Property
57. Notice
Any notice given under this Employee Agreement to either party shall be made in
writing.  Notices shall be deemed given when delivered by hand, document delivery
service, or when mailed by registered or certified mail, return receipt requested,
postage prepaid, and addressed to the party at the address set forth below.

Employee address:

Rick Carlson
2815 SW 8th Drive
Gainesville, FL 32601

Company address:

Mr. Travis Whitton

SharpSpring, Inc.
802 NW 5th Avenue, Suite 100
Gainesville FL 32601

with copies to:

Mr. Jonathan Strimling

SMTP, Inc.
100 Innovative Way, Suite 3330
Nashua NH 03062

David M. Bovi, Esq.

319 Clematis Street, Suite 700
West Palm Beach, Florida 33401

Each party may designate a different address for receiving notices by giving written
notice of the different address to the other party. The written notice of the different
address will be deemed given when it is received by the other party.

58. Amandements
 59. Non-competition
Employee acknowledges that by reason of the character and nature of the Company’s
and/or the Affiliates’ business activities and operations, and further by reason of the scope of
the territory in which Employee will perform the services under this Employee Agreement, in
order to protect the Company’s and/or the Affiliates’ legitimate business interests it is
necessary for Employee to agree not to engage in certain specified activities in such territory
at any time during the term of this Employment Agreement and for a period of time
thereafter. Therefore, at all times during the term of this Employee Agreement, and for a
period of three (3) years thereafter, Employee will not, directly or indirectly, within the
Territory (as defined below), (a) for himself, in his capacity as a Competing Business, (b) as a
consultant, manager, supervisor, employee or owner of a Competing Business (as defined
below), or (c) as an independent contractor for a Competing Business, engage in any business
in which Employee provides services which are the same as or substantially similar to the
services Employee is providing hereunder. “Competing Business” shall mean any person,
business or entity who or which sells, markets or distributes products and/or sells, furnishes
or provides services substantially the same as those sold, marketed, distributed, furnished or
supplied or expected to be sold, marketed, distributed, furnished or supplied by the Company
and/or the Affiliates during the term of this Employee Agreement, and include, but not be
limited to the following entities: Marketo, Hubspot, Eloqua, Pardot, ExactTarget, SendGrid,
Constant Contact, Dyn, iContact, MailChimp, Responsys, TurboSMTP/SendBlaster, and J2
Global. “Territory” shall mean the entire world based upon the fact that Company and /or
the Affiliates currently offer their services in approximately 130 countries and Company
and /or the Affiliates plan to launch products and services on a global basis. Employee agrees
that he and the Company may amend the definition of “Territory” from and after the date
hereof to reflect any significant contraction or expansion of the geographical area in which he
performs the services hereunder.

60. Federal Holidays

61. Vacation Time
62. Trial Periode
63. Ownership Interest
64. Out of Pocket Expanse
65. Pay
66. Bonus
67. Appoinment
68. Hours of Work
69. Reporting Lines
70. Medical Leave
71. Measure of Success
72. Employment Approval
73. Irreparable Harm
74. Work Ethic
75. Probation Period
76. Working Hours
77. Compensations
78. Annual Leave
79. Meal Intervals
80. Place of Work