1. Effective Date and Duration of the Contract:
    1. Initial Contracts are valid for 1 year from the last signature received on the document
    2. Renewal Contracts are valid for 2 years from the last signature received on the document
    3. If you are interested in renewing a contract please start contacting our office at least a month prior to the expiration date!  This should prevent any gap in coverage. 
  2. Services you have Agreed to:
    1. Provide accurate, current information about MSU and its’ programs to interested prospective students.
    2. Clearly identify by means of a cover letter attached to the application student applicants who have been recruited through your efforts.
    3. Assist student applicants through the application process in cooperation with MSU.
    4. Inform MSU when student receives visa and of student arrival plans.
    5. Submit invoice to MSU-Bozeman for commission payment.
  3. Consideration: 
    1. MSU agrees to pay Contractor ten-percent (10%) of U.S. non-resident tuition paid in full by international students referred by Contractor who enroll in academic programs at MSU.
    2. MSU will provide Contractor with up-to-date recruitment information and application forms.  No reimbursement will be made to Contractor for marketing, advertising, or personnel expenses incurred in the performance of this agreement.
    3. In the case of Contract termination or non-renewal, applicant submissions during the Term must be admitted by the next academic term after submission in order for the Contractor to be paid the agreed upon commission.
  4. Relationship of the Parties:
    1. It is mutually agreed that Contractor is an independent contractor and not an employee of MSU for purposes of this agreement. 
    2. It is understood that the Contractor is not subject to the supervision and control of MSU; nor is the Contractor carrying out the regular business of MSU. 
    3. Each of the parties will be solely and entirely responsible for its own acts and/or the acts of its employees or agents.
    4. No benefits provided by MSU to its employees, including unemployment and workers' compensation insurance, will be provided to the Contractor or his/her/its employees.
  5. Access to Records:
    1. The Contractor shall adequately account for and maintain reasonable records for his/her/its performance and allow access to these records by MSU, the Legislative Auditor and/or the Legislative Fiscal Analyst as may be necessary for audit purposes and in determining compliance with the terms of this agreement.
  6. Indemnification:
    1. The Contractor agrees to defend, indemnify and hold MSU harmless from any and all losses and claims that may result to MSU because of the activity of the Contractor, his/her/its agents and/or employees.
  7. Non-discrimination:
    1. The Contractor agrees that under Section 49-3-207, Montana Code Annotated, and the federal civil rights acts, no part of this agreement shall be performed in a manner which illegally discriminates against any person on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin.
  8. Modification:
    1. This contract contains the entire agreement between the parties, and no statements, promises or inducements made by either party, or agents or either party, that are not contained in this agreement are valid or binding. This Agreement may not be enlarged, modified, or altered except by written amendment by the parties.
  9. Termination:
    1. Termination for Convenience. The University may, by written notice to the Contractor, terminate this Contract without cause.  The University must give notice of termination to the Contractor at least thirty days prior to the effective date of termination.
    2. Reduction of Funding. The University, at its sole discretion, may terminate or reduce the scope of this Contract if available funding is reduced for any reason (18-4-313, MCA).
  10. Contractor Performance Assessments:
    1. The University may conduct assessments of the Contractor’s performance. 
    2. This Contract may be terminated for one or more poor performance assessments. 
    3. The Contractor will have the opportunity to respond to poor performance assessments. 
    4. The University will make any final decision to terminate this Contract based on the assessment and any related information, the Contractor’s response, and the severity of any negative performance assessment. 
    5. The Contractor will be notified with a justification of contract termination. 
    6. Performance assessments may be considered in future solicitations.
  11. Severability:
    If one part of this agreement is held to be illegal, void or in conflict with any Montana law, the validity of the remainder of this agreement remains operative and binding.
  12. Assignment, Transfer and Subcontracting:
    1. There will be no assignment or transfer of this Agreement, or of any interest in this Agreement, unless both parties agree in writing.
    2. No services required under this Agreement, may be performed under subcontract unless both parties agree in writing.
  13. Notice:
    All notices relating to this Agreement will be in writing and given to the contact person at the address provided for in the Agreement.
  14. Venue:
    This agreement will be interpreted according to the laws of the State of Montana. The parties agree that, in the event of litigation concerning this Agreement, venue shall be in the Eighteenth Judicial District of the State of Montana, in and for the County of Gallatin.

Procedure for Commission Payments

  1. Commission payments are made to representatives for students who are enrolled full time at Montana State University, either a fall and spring semester.
  2. Commission payments will be made within 60 days of receipt of full tuition payment by the student receipt of an invoice from the representative stating the names of the students for the term and the 10 % rate agreed upon.
  3. Payments will be made each semester for the student’s first two semesters of study at MSU.  MSU will only make a payment on the student accounts that have been paid in full.
  4. In the extraordinary event that a student withdraws from the university and is refunded tuition monies after payment has been made to the Contractor, Contractor agrees to promptly refund any excess commission paid be MSU, as outlined in the contract.
  5. At the start of each semester, the representative must send or email (may.heriza@montana.edu) an invoice clearly stating:
    • Full names of students attending MSU that term
    • 10 percent commission rate
    • Representative’s name and bank transfer information.
  6. Please remember that commission payments are not made by MSU for students studying part or full time at the A.C.E. Language Institute.  MSU only pays a commission once a students are studying full time (12 credit hours for undergraduate and nine credits hours for graduates) at MSU.