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• Copy of signed Employment Agreement between you and beneficiary detailing the terms and conditions of employment.

• Copy of an employment offer letter that clearly describes the nature of the employer-employee relationship and the services to be performed by the beneficiary.

• Copy of relevant portions of valid contracts, statements of work, work orders, service agreements, and letters between you and the authorized officials of the ultimate end-client companies to whom the end product or services worked on by the beneficiary will be delivered.

• Copy of a position description or any other documentation that describes the skills required to perform the job offered, the tools needed to perform the job, the product to be developed or the service to be provided, the method of payment, whether the work to be performed is part of your regular business, the provision of employee benefits, and the tax treatment of the beneficiary by you.

• Copies of critical reviews of your software in trade journals that describes the purpose of the software, its cost, and its ranking among similarly produced software manufacturers.

• Proof of your software inventory.

• Proof of sufficient warehouse space to store your software inventory.

• Copy of the marketing cost analysis for your final software product.

• Evidence of sufficient production space and equipment to support the production of your software.

SAMPLE – Copy of relevant portions of valid contracts, statements of work, work orders, service agreements, and letters between you and the authorized officials of the ultimate end-client companies to whom the end product or services worked on by the beneficiary will be delivered

Client relationship and contracts

ACME is a Solutions provider that bids and works on client’s software projects, in-house. Using our proprietary model, ACME has a team of staff members that work on these projects from our own facilities. We analyze client’s business requirements, design, develop, test and deliver to our customers the software solution. Most of our client contracts and relationships are long term (multiple years) and consist of several projects or work product implementations.

Mr. Smith will work as part of this team. His role is as a Software Engineer working out of our headquarters and physical office in New York, NY. At any given time, Mr. Smith will be acting in this role in 5 to 10 projects. The projects currently allocated to him include work for the following customers (respective contracts are attached):

• ABC Company, Inc. (Exhibit A)
• 123 Max, Inc. (Exhibit B)
• AAA Enterprises (Exhibit C)
• NY Enterprises(Exhibit D)
• XYZ Corporation (Exhibit E)

Beneficiary Supervision

These are our end-clients. There is no other arrangement or entity through which work is done. It is directly between ACME and the clients listed above. The client does not negotiate or monitor Mr. Smith’s salary or wage or hours worked or benefits. ACME provides full solutions and the client pays us for our solutions / project, NOT for Mr. Smith’s hours or salary. ACME pays Mr. Smith as its in-house employee. ACME is directly responsible for Mr. Smith’s salary, wages, benefits, hours worked and other employment related needs. Mr. Smith is not bound to a particular client(s) contract in any way. Mr. Smith reports to our Head of Operations.

SAMPLE – Copies of critical reviews of your software in trade journals that describes the purpose of the software, its cost, and its ranking among similarly produced software manufacturers

ACME is listed as the 3rd largest IT Consulting Firm in the New York Computer Companies  Journal. The attached Journal contains ACEM’S annual revenue, software reviews,  product information and costs.

Attached is our listing in the New York Computer Companies  Journal amongst other similar providers within New York State.

SAMPLE – Copy of signed Employment Agreement between petitioner and beneficiary detailing the terms and conditions of employment

ACME SOFTWARE CORPORATION, 123 3RD STREET, NEW YORK NY 10003

EMPLOYMENT SERVICES AGREEMENT

ACME Software Corporation (hereinafter referred to as “‘Company”) having its principal offices 123 3rd Street, New York, NY  10003, a New York Corporation, on this day April 29, 2018 offer Adam Smith (hereinafter referred to as “employee” ) full time employment performing software programming services. (Adam Smith –  Social Security # 123-45-6789, located at 100 10th Street, Apt. 1A, New York, NY 10011)

WHEREAS, The Company is engaged in software services and as such possesses certain expert knowledge in the field of endeavor, and furthermore, possesses certain confidential contracts, including exact and specific jobs, all of which knowledge and experience has been obtained over long periods of time working in this field of endeavor.

WHEREAS, The Employee will be engaged as a Software Developer performing software development for electronic data processing systems, and

WHEREAS, The Company wishes to retain the Employee to aid in developing said maintaining solutions for an electronic data processing system and

WHEREAS, The Employee agrees to undertake this task and

WHEREAS, The Employee agrees for a period of one year not to compete with the Company to provide computer programming or data processing services for any other Company or by (a)soliciting any customer of the Company with which the Company has substantial dealings.

NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the parties agree as follows:

The Employee shall perform programming services for the Company beginning May 20th, 2010.

The Employee agrees to keep accurate time records working at the job site heretofore indicated, and will submit copies of such time records to the Company for the Company’s approval and acceptance.

The Employee shall keep privy all aspects of the Company’s business in particular client contracts.

The Employee shall agree to accept a given position as so presented by the Company and agreed upon with the Employee. This contract shall commence in full force the date that this contract is signed by both parties.

Any travel expenses associated with this position will be covered by Employee.

Employee will sign Addendum B and Acknowledgement Form. If Addendum B is not signed by Employee then this contract shall be null and void.

Employee is permitted 2 weeks of approved non paid vacation, sick time and holidays (not to exceed 14 days in any one year time period).

Employee will be paid $25.00 per hour on W2 for every hour worked. Any overtime will be paid at $25.00 per hour on W2. Employee will receive $10.00 per hour in expenses.

Adam Smith must remain an employee of ACME for a period of one year and Company requires a 2 week written notice by USA Certified Mail from Employee to quit or Employee shall owe Company for 15 days of billing.

Agreed and accepted:

Ken F Brown                                                                                                         04/29/18

ACME Software Corporation: Ken  F. Brown, President                             Date

Adam E Smith                                                                                                  4/29/2018

Adam Smith, Employee                                                                                  Date

ADAM SMITH – EMPLOYEE AGREEMENT ADDENDUM B

a)     Employee is responsible for and assumes full responsibility for their acts and for compliance with all laws rules and regulations involving but not limited to, employment labor, hours of labor, working conditions, payment of wages, and payment of taxes, such as employment, social security and other payroll taxes, including applicable contributions from such persons when required by law, and the withholding of same, Workmen’s Compensation, Disability benefits, and all other similar programs. Employee is not entitled to any of the Company’s benefits.

b)    Employee agrees to hold harmless and indemnify the Company and its Officers and Directors as well as the Company’s clients, from any assessment of taxes, premiums, damages, liabilities and costs incurred due to Employee’s failure to so qualify (or due to failure to remit appropriate taxes to governmental agencies) under the terms of the above law and guidelines.

c)     Employee shall be prepared to furnish, If requested by the Company, certificates of adequate proof of Education and Employment history. It is understood between the parties that Employee Is strictly an Employee and therefore without express written authority from the Company has no right or ability to bind the Company to any obligation(s) with ‘a third party.

d)    It is understood that the Employee will be performing as an Employee within the parameters as set forth by the Company in accordance both with its Contract and with its Client(s) and Its corporate policy and that the work performed by the Employee Will be In a competent and professional manner and that the Employee will also comply with the rules and regulations established by the Client.

Agreed and accepted:

Ken F Brown                                                                                                         04/29/18

ACME Software Corporation: Ken  F. Brown, President                                         Date

Adam E Smith                                                                                                     4/29/2018

Adam Smith, Employee                                                                                              Date

GUIDELINES FOR SAFETY& SECURITY

Safety and security: Adam Smith will ensure that he will abide by the following guidelines for safety and security while on the customer’s premises:

i.        Do not bring weapons of any kind onto those premises;

ii.        Do not manufacture, sell, distribute, possess, use or be under the influence of controlled substances (for nonmedical reasons) or alcoholic beverages while on those premises;

iii.        Do not have in their possession hazardous materials of any kind on those premises without buyer’s authorization;

iv.        Acknowledge that all persons property, and vehicles entering or leaving those premises are subject to search and

v.        Remain in authorized areas only (limited to the work locations, cafeterias, rest rooms and, in the event of a medical emergency, buyer’s medical facilities).

vi.      Adam Smith will promptly notify ACME Software Corporation of any accident or security incidents involving loss or misuse or damage to customer’s intellectual or physical assets.

vii.      Adam Smith must coordinate with customer access to customer’s site premises during non-regular working hours.

Adam E Smith                                                                                                            4/29/2018

Adam Smith, Employee                                                                                              Date

ACME SOFTWARE CORPORATION, 123 3RD STREET, NEW YORK NY 10003

ACKNOWLEDGEMENT

I, Adam Smith, SSN # 123-45-6789, do hereby acknowledge that I will comply with ACME Software Corporation guidelines for safety, security and search.

I will register my vehicle number with acme software corporation and comply with all parking restrictions.

I will inform ACME Software Corporation of completion or termination of any assignment.

I will promptly return the client identification badge and any other equipment or work.

I will not remove customer’s assets from customers premises without authorization.

I will use such assets only for purposes of this agreement and reimburse ACME Software Corporation for any unauthorized use.

I will only connect with interact with or use programs, tools op routines that client agrees are needed to provide services.

I will not share or disclose user identifiers passwords, cipher keys or computer dial port telephone numbers; and

In the event the customer  assets are confidential, I will not copy, disclose or leave such assets unsecured or unattended.

I also acknowledge receipt and have signed the following:

a)     ACME Software Corporation Employee Agreement and Addendum B

b)    Guidelines for safety and security

        AdamESmith                                                             4/29/2018

Adam Smith, Employee                                             Date