BP Executive Staffing
Memorandum of Understanding
BP Executive Staffing | Agent MoU
This Memorandum of Understanding was prepared on April 5, 2022, by Black Progress Matters LLC [“BPM”] and Advantage Global Resources [“AGR”] for the purpose of achieving the various aims and objectives relating to the development of BP Executive Staffing.
Whereas BPM and AGR with its various Agents and Teaming Partners are desirous of entering into a Memorandum of Understanding between them, setting out the working arrangements that BPM and AGR and its Agents and Teaming Partners agree are necessary to advance the development of BP Executive Staffing. The purpose of this Memorandum of Understanding is to provide a framework for the distribution of profits and equitable distribution of proceeds of BP Executive Staffing.
Whereas the mission statement of BPM states that in any organization if you look to the top at the executive level and see a person of color - it will inspire everyone of color in that organization. It speaks volumes about the character and true opportunity available in that organization - and this is what BPM is dedicated to providing.
Whereas Advantage Global Resources provides clients worldwide comprehensive business services for the launch, support, growth, and when appropriate, the sale of their businesses and partnerships.
A. BP Executive Staffing Contingency Fee Program
Black Progress Executive Staffing is the first pillar of our Black Progress Matters mission.
Black Progress Executive Staffing works with organizations on a collaborative basis to provide the recruitment and direct placement of minority candidates at the executive level. Black Progress Executive Staffing focuses explicitly on delivering immediate results to support the diversification of an organization's executive suite.
Additionally, Black Progress Executive Staffing ensures our clients and candidates that regardless of race, color, creed, orientation, or gender specificity, we will work to provide the most appropriate executive candidates for the available position. Black Progress Executive Staffing is an all-inclusive organization.
BP Executive Staffing effectuates change by providing best-in-class executive staffing solutions. This enables organizations to achieve their staffing goals with an intentional focus on providing diverse candidates to the pool from which to select. We partner with organizations to help them be competitive in the recruitment and hiring of top talent. We bring thoroughly vetted diverse candidates to the table for consideration so that companies have the ability to choose from a selective candidate pool.
BP Executive Staffing Contingency-Free Service enables organizations to achieve their promised staffing goals with an intentional focus on providing Black candidates to the pool from which to select.
B. BP Executive Staffing Fee Sharing Schedule
BP Executive Staffing Agents to represent BP Executive Staffing. BP Executive Staffing Agents will receive their negotiated share of the placement or retainer fee as stipulated below.
Eligible participants are eligible for and rewarded by our beneficial BP Executive Staffing Contingency Fee Commissions. Our BP Executive Staffing 25% Contingency Fee is allocated as follows:
BP Executive Staffing
BP Agent - Account Acquisition
BP Agent - Account Management
BP Agent - Candidate Fulfillment
All commissions are paid after the hired candidate remains in the employ of the charged account for 100 days. This coincides with our BP Executive Staffing Guarantee detailed in our Account Agreement:
BP Executive Staffing Guarantee
In the event the successful candidate leaves "Account's" employ [for any reason other than downsizing or reorganization, job elimination, merger, or acquisition] within the first 100 days of employment, a prorated guarantee will be honored or a credit will be issued against the replacement fee. The refund or credit will be equal to 1/100th of the fee multiplied by the number of days remaining on the guarantee.
All pay programs, profit sharing, commissions, fee-splitting, and bonuses are at the full discretion of BP Executive Staffing management.
C. AGR Relationship Equity
All BP Executive Staffing teaming partners, representatives, equity partners, recruiters, and agents agree that all BP Executive Staffing and AGR business relationships including but not limited to all BP Executive Staffing and AGR customers, clients, and investors, belong to BP Executive Staffing and AGR; and all proceeds from any BP Executive Staffing or AGR business engagement that develop because of BP Executive Staffing or AGR’s involvement or introduction will be owed and paid to BP Executive Staffing or AGR based on legacy protocol. This will survive any disruption or termination of any BP Executive Staffing or AGR working relationship with its teaming partners, representatives, equity partners, recruiters, or agents for a period of three years commencing upon the disruption or termination date of the working relationship.
D. Employee Contract
The purpose of this Memorandum of Understanding is to provide a framework for the management, financing, distribution of profits, and equitable distribution of proceeds of BP Executive Staffing, and it is in no way to be considered an employment contract. All pay programs, profit sharing, and bonuses will remain at the discretion of BP Executive Staffing management.
E. Governing Law
All BPM and AGR agreements shall be governed in all respects by the substantive laws of the State of New York without regard for conflicts of law principles, and any cause of action shall only be brought in a court of competent jurisdiction within and/or servicing Erie County, New York. Each party hereby expressly consents to, submits to, and acknowledges the personal jurisdiction of the federal and state courts within and/or servicing Erie County, New York in connection with this Agreement. Each party agrees that service of process in any such action or proceeding may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party at its address; and agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law.
In witness whereof, the parties have executed this Memorandum of Understanding on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this Memorandum of Understanding as set forth herein. The effective date of this MOU is the date of the signature last affixed to this page.