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8-K - FORM 8-K - SUCCESS HOLDING GROUP INTERNATIONAL, INC.shgt_8k.htm

EXHIBIT 10.1

 

 

May 08, 2014

 

Brian Kistler

531 Airport North Office Park

Fort Wayne, Indiana 46825

 

Dear Brian,

 

This letter is being delivered in connection with your employment by Success Holding Group Int’l Inc., a Colorado corporation (the “Company”). By signing this letter, you agree that this letter sets forth the basic terms and conditions of your employment.

 

1. Salary. Your salary is set at USD$36,000 per year.

 

2. Duties. Your job title is President. As an exempt employee, you are required to exercise your specialized expertise, independent judgment and discretion to provide high-quality services. You are required to follow office policies and procedures adopted from time to time by the Company and to take such general direction as you may be given from time to time by your superiors. The Company reserves the right to change these policies and procedures at any time. (Also see Adjustments and Changes in Employment Status - below). You are required to devote the level of your energies, efforts and abilities The tasks are listed below:

 

 

(a)

Achieve Success Holding Group Int’l Inc. to get into the main board of the stock market in the United States.

 

 

 
 

(b)

Responsible for the application for OTC:QB market & NASDAQ/AMEX.

 

 

 
 

(c)

Set-up a goal from the total shares of 110 million in USA territory and to facilitate investment shareholders by held the investor Conferences. (commission and price per share can be discuss with a separate agreement)

 

 

 
 

(d)

Responsible for the press release and contact media in the United States.

 

3. Hours of Work. As an exempt employee, you are expected to work the number of hours required to get the job done.

 

 
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4. Immigration Documentation. Please be advised that your continued employment is contingent on your ability to prove your identity and authorization to work in the U.S. for the Company. You must comply with the Immigration and Naturalization Service’s employment verification requirements.

 

5. Representation and Warranty of Employee. You represent and warrant to the Company that the performance of your duties has not violated and will not violate any agreements with or trade secrets of any other person or entity.

 

6. Equity-Based Compensation. You may be eligible to receive awards of equity-based compensation (e.g., options and or convertible preferred shares to acquire shares of the capital stock of the Company or the opportunity to purchase restricted shares of such stock) pursuant to one or more employee benefit plans maintained by the Company from time to time for such purpose; however, any such compensation shall be (i) solely within the discretion of the Board (or a Committee of the Board maintained for such purpose) and (ii) subject to the terms of any definitive agreement with respect thereto.

 

7. Term of Employment. Your employment with the Company shall be for 12 months after the effective date of this Agreement.

 

8. Dispute Resolution Procedure. You and the Company (the “parties”) agree that any dispute arising out of or related to the employment relationship, including the termination of that relationship and any allegations of unfair or discriminatory treatment arising under state or federal law or otherwise, to the maximum extent permitted by law, shall be resolved by final and binding arbitration, except where the law specifically forbids the use of arbitration as a final and binding remedy, or where section (d) below specifically allows a different remedy. The following dispute resolution procedure shall apply:

 

 

(a)

The party claiming to be aggrieved shall furnish to the other party a written statement of the grievance identifying any witnesses or documents that support the grievance and the relief requested or proposed.

 

 

 
 

(b)

The responding party shall furnish a statement of the relief, if any, that it is willing to provide, and the witnesses or documents that support its position as to the appropriate action. The parties can mutually agree to waive this step. If the matter is not resolved at this step, the parties shall submit the dispute to non-binding mediation before a mediator to be jointly selected by the parties. The Company will pay the cost of the mediation.

 

 

 
 

(c)

If the mediation does not produce a resolution of the dispute, the parties agree that the dispute shall be resolved by final and binding arbitration. The parties shall attempt to agree to the identity of an arbitrator, and, if they are unable to do so, they will obtain a list of arbitrators from the Federal Mediation and Conciliation Service and select an arbitrator by striking names from that list.

 

The arbitrator shall have the authority to determine whether the conduct complained of in subsection (a) of this section violates the rights of the complaining party and, if so, to grant any relief authorized by law, subject to the exclusions of subsection (d) below. The arbitrator shall not have the authority to modify, change or refuse to enforce the terms of any employment agreement between the parties. In addition, the arbitrator shall not have the authority to require the Company to change any lawful policy or benefit plan.

 

 
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The hearing shall be transcribed. The Company shall bear the costs of the arbitration if you prevail. If the Company prevails, you will pay half the cost of the arbitration or $500, whichever is less. Each party shall be responsible for paying its own attorneys fees.

 

Arbitration shall be the exclusive final remedy for any dispute between the parties, to the maximum extent permitted by law, including but not limited to disputes involving claims for discrimination or harassment (such as claims under the Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or the Age Discrimination in Employment Act), wrongful termination, breach of contract, breach of public policy, physical or mental harm or distress or any other disputes, and the parties agree that no dispute shall be submitted to arbitration where the party claiming to be aggrieved has not complied with the preliminary steps provided for in subsections (a) and (b) above.

 

The parties agree that the arbitration award shall be enforceable in any court having jurisdiction to enforce this Agreement, so long as the arbitrator’s findings of fact are supported by substantial evidence on the whole and the arbitrator has not made errors of law; provided, however, that either party may bring an action in a court of competent jurisdiction regarding or related to matters involving the Company’s confidential, proprietary or trade secret information, or regarding or related to inventions that you may claim to have developed prior to joining the Company or after joining the Company. The parties further agree that, for violations of your confidentiality, proprietary information or trade secret obligations which the parties have elected to submit to arbitration, the Company retains the right to seek preliminary injunctive relief in court in order to preserve the status quo or prevent irreparable injury before the matter can be heard in arbitration.

 

 

(d)

The Company reserves the right to modify, change or cancel this provision upon 30 days written notice. However, such cancellation shall not affect matters which have already been submitted to arbitration.

 

9. Integrated Agreement. Please note that this Agreement supersedes any prior agreements, representations or promises of any kind, whether written, oral, express or implied between the parties hereto with respect to the subject matters herein. It constitutes the full, complete and exclusive agreement between you and the Company with respect to the subject matters herein. This agreement cannot be changed unless in writing, signed by you and the Chief Executive Officer or President of the Company.

 

10. Severability. If any term of this Agreement is held to be invalid, void or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected; and, the parties shall use their best efforts to find an alternative way to achieve the same result.

 

In order to confirm your agreement with these terms, please sign one copy of this letter and return it to me. The other copy is for your records. If there is any matter in this letter which you wish to discuss further, please do not hesitate to speak to me.

 

{Signature Page to Follow}

 

 
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  Very truly yours,  
 

Success Holding Group Int’l Inc.

       
By: /s/ Steve Andrew Chen  
    Steve Andrew Chen  
    Chairman  
       

 

I agree to the terms of employment set forth in this Agreement.

 

Signature

 

Date: May 8 , 2014

Name (printed): Brian Kistler

 

 

 

 

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