What is the name of your state (only U.S. law)? CA
I run a software company where we create database solutions
In 2009 we formed a contract with a sales trainer to build a solution for him
He did not pay anything, the only agreement was that he would get 30% of year 1 revenue of the software as a service.
The agreement officially expired in 2010, but he kept selling the software and we continued paying him commission. We don't have an agreement that officially has new dates.
The contract also stated that we owned the technology (since we built it) and said that the parties may extend the agreement.
Recently he has come back to us unhappy about the agreement and I am having difficulty getting him to sign the same agreement but with current dates. I think he is looking to negotiate on the ownership of the technology since he thinks he has contributed to design.
My question is: is there any law that says that even though there is no new agreement, the old agreement still is in effect since we have been paying him commission based on that original agreement?
Or are we both out of agreement?
Would the group say to continue to allow him to sell under our current state of non official agreement? I know he means well and wants to grow sales for all of us but I am unclear what is the legal status we are in right now as regards existing expired contract.
Thanks
P.
I run a software company where we create database solutions
In 2009 we formed a contract with a sales trainer to build a solution for him
He did not pay anything, the only agreement was that he would get 30% of year 1 revenue of the software as a service.
The agreement officially expired in 2010, but he kept selling the software and we continued paying him commission. We don't have an agreement that officially has new dates.
The contract also stated that we owned the technology (since we built it) and said that the parties may extend the agreement.
Recently he has come back to us unhappy about the agreement and I am having difficulty getting him to sign the same agreement but with current dates. I think he is looking to negotiate on the ownership of the technology since he thinks he has contributed to design.
My question is: is there any law that says that even though there is no new agreement, the old agreement still is in effect since we have been paying him commission based on that original agreement?
Or are we both out of agreement?
Would the group say to continue to allow him to sell under our current state of non official agreement? I know he means well and wants to grow sales for all of us but I am unclear what is the legal status we are in right now as regards existing expired contract.
Thanks
P.