CONTRACT RELATIONSHIP. Throughout the term of this Agreement, the --------------------- relationship of Contractor to NES shall be that of an independent contractor. Contractor, and its employees, representatives and agents, if any, are not and shall not be employees of NES. To preserve such independent contractor relationship, the parties agree that Contractor at all times shall: 3.1 Pay all of its own overhead expenses, including but without limitation, expenses for clerical assistance, rent, postage, telephone and similar expenses, and federal and state income taxes and payroll taxes under the Federal Insurance Contribution Act and any applicable state unemployment, disability or other laws with respect to its income. 3.2 Maintain such policies of workers compensation insurance as are customary. 3.3 Not in any way hold itself out to any of its customers or potential customers as being affiliated with NES. 3.4 Control the mode of conducting its business with complete discretion, except as otherwise expressly provided in this Agreement. 3.5 Not enter into any agreement for or on behalf of NES, or create any obligation, express or implied, by or in favor of NES. 3.6 Not accept payment for services for or on behalf of NES. 3.7 Not accept service of process for NES. 3.8 Not be a principal underwriter with respect to the Variable Products or shares of the New England Zenith Fund.
Appears in 2 contracts
Sources: Variable Product Sales Agreement (New England Variable Account), Variable Product Sales Agreement (New England Variable Life Separate Account)