Here is the plain text of the actual email and contract agreementEMAIL:
We have received your resume, observed it and found you as eligible person for position of Delivery Manager in ILG LLC.
One of our representatives is going to contact you shortly.
You will find file attached the template Contract Agreement for you to observe.
The normal procedure of ILG LLC, hiring new employees the security service requires copy of ID or driver license for checking criminal records. So please, attach it to your response. firstname.lastname@example.org
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3348 Peachtree Rd NE, Atlanta, GA
© Copyright ILG LLC 2013Contract:
INTERNATIONAL LOGISTICS GROUP
3348 Peachtree Rd NE, Atlanta, GA ("Company")
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of this DATE (the “Effective Date”), by and between INTERNATIONAL LOGISTICS GROUP, a corporation organized and existing under the laws of the State of Georgia (the “Company”), and NAME, a resident of the State of STATE.
WHEREAS, the Company wishes to employ the Employee to provide services to the Company and the Employee wishes to be retained as such, all on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for good and valuable consideration (the receipt and sufficiency of which are acknowledged by the parties), the parties agree as follows:
1.1 Employment. The Company hereby employs the Employee, and the Employee hereby accepts employment by the Company. The Employee’s title while employed by the Company will be “Delivery Manager”. The duties of the Employee while in the employ of the Company will be:
1.2 Duties and responsibilities. Delivery Manager shall perform such duties and responsibilities
? Direct coordinate the operations with customers;
? Receive packages at workplace (address listed in application form);
? Transfer the packages to our business partners worldwide; ? Keeping accurate records of operations and report them.
Delivery Manager will be reporting to COORDINATOR’S NAME.
Within the limitations established by the By-laws of the Company, the Delivery Manager shall have each and all of the duties and responsibilities of that position and such other or different duties on behalf of the Company as may be assigned from time to time by
1.3 Location. The Employee will perform the services hereunder primarily at his home address, but the Employee agrees, at the Company’s expense, to render the services at such other locations as the Company may specify from time to time.
1.4 Reports. In general, the Employee will report to the Company’s manager or to such other officer, agent or employee of the Company as the Company may designate in writing.
2.1 Base Salary. The Employee will receive salary of $25 per package which Delivery Manager receives. Will be paid monthly. Annual salary $1500 will be paid monthly (the “Base Salary”).
2.2 Fringe Benefits. In addition to the compensation payable to the Employee as provided in paragraph 2.1 above, the Employee will be entitled to participate in any of the benefit plans that the Company provides to its employees of similar rank to the Employee provided the Employee meets the eligibility requirements for those plans. In addition, the Employee and the Company have agreed upon the following terms for additional benefits:
2.2.1 Vacation. The Employee will be entitled to 21 days of paid vacation per year (exclusive of legal holidays).
2.2.2 Equity-Based Compensation. The Employee will be entitled to participate in any equity-based compensation plan (stock option plan, phantom stock plan, etc.) that is provided by the Company and for which the Employee is eligible based upon the plan’s eligibility requirements. The Employee’s participation level in any such equity-based plan, and the terms and conditions of the Employee’s participation, will be determined by the Company.
2.2.3 Bonus. Employee will be entitled to participate in any bonus plan put in place by the Company and for which the Employee is eligible based upon the plan’s eligibility requirements. The Employee’s participation level in any such bonus plan, and the terms and conditions of the Employee’s participation, will be determined by the Company.
2.2.4 Other Benefits. Other benefits as agreed by the parties from time to time.
2.3 Reimbursement of Business Expenses. The Company will pay or reimburse the Employee for all reasonable and necessary out-of-pocket business-related expenses incurred by him for the benefit of the Company in the performance of the Employee’s duties under this
Agreement, subject to compliance by the Employee with the Company's policies for expense reimbursements.
3. OWNERSHIP OF INVENTIONS
3.1 Notification and Disclosure of Inventions. The Employee will promptly notify the Company in writing of the existence and nature of, and will promptly and fully disclose to the Company, any and all ideas, designs, practices, processes, apparatus, improvements and inventions (all of which are hereinafter referred to as “Inventions”) that the Employee has conceived or first actually reduced to practice and/or may conceive or first actually reduce to practice during the term of this Agreement or which the Employee may conceive or reduce to practice within six months after the termination of this Agreement, if such Inventions relate to a product or process upon which the Employee worked during the term of this Agreement.
3.2 Ownership of Inventions. All Inventions will be the sole and exclusive property of the Company, and the Employee hereby assigns to the Company all its right, title and interest in and to any and all such Inventions. Whenever the Company so requests, the Employee will execute and assign any and all applications, assignments and other instruments that the Company will deem necessary or convenient in order to apply for and obtain Letters Patent of the United States and/or of any foreign countries for such inventions and in order to assign and convey to the Company or its nominee the sole and exclusive right, title and interest in and to all such inventions.
3.3 Limitation. Paragraphs 3.1 and 3.2 will not apply to any Invention meeting the following conditions:
3.3.1 such Invention was developed entirely on the Employee’s own time;
3.3.2 such Invention was made without the use of any of the equipment, supplies, facility or trade secret information of the Company;
3.3.3 such Invention does not relate (a) directly to the business of the Company or (b) to the Company’s actual or demonstrably anticipated research or development; and
3.3.4 such Invention does not result from any service performed by the Employee for the Company.
3.4 Survival. The provisions of paragraphs 3.1 through 3.3 will survive the expiration or termination of this Agreement.
4. CONFIDENTIAL INFORMATION
4.1 Confidentiality. Except as required or ordered by any governmental agency, court or tribunal of competent jurisdiction, the Employee will not disclose to any third party or use for any purposes (other than to further the performance of the Employee’s obligations under this Agreement) any confidential, trade secret or proprietary information belonging to the Company, whether such information is disclosed in oral or written form.
4.2 Specific Relief. The Employee acknowledges and agrees that any breach of paragraph 4.1 would cause the Company irreparable injury and damage which could not reasonably or adequately be compensated by money damages, and, therefore, the Employee expressly agrees that the Company will be entitled to injunctive or other equitable relief to prevent a breach of paragraph 4.1, in addition to any other remedies available to the Company.
4.3 Survival. The provisions of paragraphs 4.1 and 4.2 will survive the expiration or termination of this Agreement.
5. NONCOMPETE COVENANT
5.1 Noncompete. During the term of this Agreement and for a twelve (12) month period after expiration of such term, the Employee will refrain from providing services (directly or indirectly) to any third party in respect of products or services in actual or potential competition with products or services distributed or sold by the Company in the trade territory served by the Company.
5.2 Specific Relief. The Employee acknowledges and agrees that any breach of paragraph 5.1 would cause the Company irreparable injury and damage which could not reasonably or adequately be compensated by money damages, and, therefore, the Employee expressly agrees that the Company will be entitled to injunctive or other equitable relief to prevent a breach of paragraph 5.1, in addition to any other remedies available to the Company.
5.3 Survival. The provisions of paragraphs 5.1 and 5.2 will survive the expiration or termination of this Agreement, to the extent provided in paragraph 5.1.
6. INTELLECTUAL PROPERTY
Except as expressly provided otherwise in this Agreement, nothing in this Agreement will be construed to confer upon either party any license or other right to use any patent, copyrighted materials, name, trademark, trade name or other intellectual property belonging to the other party, and neither party will claim any such right.
7. TERM AND TERMINATION
7.1 Term. This Agreement will enter into force as of the Effective Date and will continue in force for a term of 3 years. Upon expiration of such term, this Agreement will terminate
and not automatically renew, but may be renewed only by mutual written agreement of the parties.
7.2 Termination. Notwithstanding paragraph 7.1, the Company may terminate this Agreement at any time, without the payment of any compensation for termination, immediately upon the occurrence of any of the following events:
7.2.1 the Employee’s death;
7.2.2 the Employee becomes physically or mentally disabled so as to be unable adequately to perform the Employee’s obligations hereunder for a continuous
period of thirty
(30) days or for a period exceeding sixty (60) days in any three (3) month period;
7.2.3 the Employee breaches this Agreement and fails to cure such breach within thirty
(30) days notice thereof from the Company;
7.2.4 the Employee is convicted of any crime (excluding traffic violations or other minor offences), or engages in any activity that constitutes a material violation of normal standards of business ethics; or
7.2.5 the Employee willfully refuses to comply with or implement reasonable policies established by the Company.
7.3 Survival of Obligations. Termination of this Agreement will not relieve either party of its obligations hereunder accruing prior such termination. Each party will diligently continue to perform its obligations hereunder through the date of termination even if it has received notice of the other party’s election to terminate.
7.4 Return of Materials. Upon termination of this Agreement for any reason, the Employee will forthwith return to the Company all equipment, materials and samples that may have been provided to the Employee by the Company during the term of this Agreement, including (without limitation) any of the foregoing relating to the Inventions or any written materials containing confidential information of the Company.
7.5 Termination of Employment. Upon termination of this Agreement for any reason, the employment of the Employee by the Company will also terminate, unless the parties agree otherwise.
8. CHOICE OF LAW; DISPUTE RESOLUTION
8.1 Choice of Law. This Agreement will be governed in all respects by the laws of the State of GA, excluding its choice of law principles.
8.2 Costs. In the event of any arbitration and/or litigation to enforce this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees and other costs, as assessed by the arbitrator or the court.
9.1 Force Majeure. Any failure or delay by either party in performing its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including, without limitation, Acts of God, governmental acts or omissions, labor strikes, lockouts or other disturbances, war, riot or difficulties in procuring labor or materials. If any of the foregoing prevents or delays performance for more than thirty (30) consecutive days or for more than sixty (60) days in any calendar year, either party may terminate this Agreement effective upon written notice to the other party.
9.2 Notices. Any notice or approval required or permitted under this Agreement will be in writing and will be sent by registered or certified mail (or airmail in the case of crossborder mailings), postage prepaid, or by facsimile, to the following address or to any other address designated by prior written notice.
Any notice sent by mail will be deemed received three (3) business days after its mailing (or seven (7) business days in the case of airmail). Any notice sent by facsimile will be deemed received the next business day after its transmission.
9.3 Governing Language. The governing language of this Agreement is English, and any questions of construction or interpretation of this Agreement will be resolved by reference to the English language version of this Agreement.
9.4 Headings. Paragraph headings in this Agreement are intended for convenience of reference only, and will not in any way limit, define, amplify or otherwise affect the interpretation of any term of this Agreement.
9.5 Assignment. Neither party may assign its rights, delegate its duties or otherwise transfer its interests under this Agreement, in whole or in part, without the prior written consent of the other party, which consent may be withheld at the sole discretion of such other party. Notwithstanding the foregoing, the Company may assign its rights and delegate its duties under this Agreement as a whole (but not in part) upon ten (10) days written notice to the Employee, in connection with a transfer of substantially all of the assets of its business. This Agreement will be binding upon, and will inure to the benefit of, the parties and their successors and permitted assigns.
9.6 Severability. The parties believe that the provisions of this Agreement are no broader in scope and duration than is necessary to protect the legitimate interests of the parties being protected in this Agreement, and therefore it is the intent of the parties that such provisions be enforced to the fullest extent permissible under applicable law. If a court of competent jurisdiction declares any provision of this Agreement illegal, invalid or otherwise unenforceable, such provision will be deemed severed to the extent or scope of the illegality, invalidity or unenforceability. If it remains possible after such severance for the
remaining provisions of this Agreement to achieve the essential intent of the parties, such remaining provisions will be deemed to remain in full force and effect.
9.7 Counterparts. This Agreement may be executed in any number of counterparts, all of which taken together will constitute one agreement binding on each of the parties.
10. ENTIRE AGREEMENT; MODIFICATION/WAIVER
This Agreement constitutes the complete agreement between the parties relating to the subject matter of this Agreement and supersedes all prior understandings or arrangements between them relating to the subject matter of this Agreement. No other contracts, warranties, promises or representations, either oral or in writing, relating to the subject matter of this Agreement will bind either party. This Agreement may not be amended, modified or waived except by a writing signed by an authorized representative of the party against whom such amendment, modification or waiver is asserted. No waiver of or any failure or omission to enforce any provision of this Agreement or any claim or right arising under this Agreement will be deemed to be a waiver of any other provision of this Agreement or any other claim or right arising under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the
INTERNATIONAL LOGISTICS GROUP.
By: John Malagone
Its: President and CEO
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