COMPLAINT FOR DECLARATORY RELIEF AND DEMAND FOR ...

33. The Agreement provides the agent authority to advertise subject to Companyapproval of the proposed advertisement. Exhibit 2.A, p 4.34. The Agreement makes the agent solely responsible for his or her expensesincluding “expenses for its sales location, supplies not furnished by the Company,compensation of its employees or other assisting persons whom it engages, telephone,postage, and advertising expenses incurred at its direction, and all other charges andexpenses.” Exhibit 2.A, p 5.35. The Agreement provides that the agent’s sole form of compensation shall becommissions earned under the Agreement for sale of Allstate’s products. Exhibit 2.A, p6.36. The Agency Standards state that all phone calls will be forwarded to theAllstate Agency Support Center when the agency is not open. Exhibit 5, p 1 of ServiceAvailability. However, Allstate pays a reduced commission to agents from resultingsales and further claims discretion to assign the policy to a different agent.4. Contractual Terms Concerning Status as Independent Contractor37. The Agreement states expressly that the relationship between the Companyand the agent “will be that of an independent contractor for all purposes.” Exhibit 2.A, p1.38. The Agreement requires that the agent will be solely responsible for his or herexpenses. Exhibit 2.A, p 5.