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The Consultant Profit Sharing Agreement is utilized when a company wishes to engage a consultant under a performance-based compensation model that aligns the consultant's interests with the company's success. This document is particularly relevant in the Indian business context where companies seek specialized expertise while managing fixed costs. It provides a structured framework for defining the consulting relationship, establishing profit calculation methodologies, protecting intellectual property, and ensuring compliance with Indian tax and corporate laws. The agreement is especially valuable for startups, growth-phase companies, and established businesses looking to incentivize high-performing consultants through profit participation rather than fixed fees.

1. Parties: Identification and details of the Company and the Consultant

2. Background: Context of the agreement, including the company's business and consultant's expertise

3. Definitions: Key terms used throughout the agreement including 'Profits', 'Services', 'Confidential Information'

4. Scope of Services: Detailed description of consulting services to be provided

5. Term and Termination: Duration of the agreement and circumstances for termination

6. Profit Sharing Structure: Formula for calculating profit share, payment terms, and verification rights

7. Consultant's Obligations: Key responsibilities, commitments, and performance standards

8. Company's Obligations: Company's commitments, including information access and support

9. Confidentiality: Protection of sensitive information and trade secrets

10. Intellectual Property Rights: Ownership and rights to work products and pre-existing IP

11. Non-Compete and Non-Solicitation: Restrictions on competitive activities and hiring

12. Representations and Warranties: Key promises and guarantees by both parties

13. Indemnification: Protection against losses and liability allocation

14. Dispute Resolution: Process for handling disagreements and jurisdictional matters

15. General Provisions: Standard clauses including notices, amendments, and governing law