This Referral Fee Agreement (hereinafter the “Agreement”) is made on the date completed and submitted (the “Effective Date”), by and between members of the website (hereinafter referred to as “Buyer”) and LAURA ARTMAN of PELLEGO INC, SEATTLE, Washington 98104 (hereinafter referred to as “Referrer”).
WHEREAS, Buyer desires to purchase certain services;
WHEREAS, Referrer has contacts within the REAL ESTATE industry and desires to act as an intermediary finder of services for Buyer;
NOW, THEREFORE, in consideration of the premise and the mutual promises and covenants contained herein, the parties agree as follows:
I. LEGAL COMPLIANCE.
As required by the REAL ESTATE industry, Referrer shall comply with all applicable laws and has obtained the necessary licenses.
II. TERM AND TERMINATION.
The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect for a period of 180 days from the date of this Agreement (the “Term”), unless earlier terminated by either party upon at least 30 days’ prior written notice.
III. EXCLUSIVITY.
For the term of this Agreement, Referrer shall have the non-exclusive right to introduce prospective sellers to the Buyer who are not already known to the Buyer.
IV. FEES AND PAYMENT.
This Agreement contemplates an introduction only.
The Referrer’s fee shall be calculated as 20-25% of the buyer’s agent commission for the services bought by Buyer as a direct result of an introduction. The specific amount is negotiated between the two agents and is disclosed in the real estate transaction. Net value shall exclude value added tax, postage and packaging, insurance, refunds and payments not honored by a financial institution. Upon determination of referrer fees due, the Referrer shall issue an invoice to the Buyer and payment shall be due net thirty (30) days from the date of the invoice. Acceptable forms of payment include the following: DEFINED PER ESCROW.
V. NON-CIRCUMVENTION.
During the term of this Agreement, the Buyer will not attempt to do business with, or otherwise solicit any sellers found or otherwise referred by Referrer to the Buyer for the purpose of circumventing, the result of which shall be to prevent the Referrer from realizing or recognizing a commission or Referrer’s fee. If such circumvention shall occur the Referrer shall be entitled to any commissions due pursuant to this Agreement or Referrer’s fee relating to such transaction.
VI. FINAL AGREEMENT.
This Agreement represents the entire agreement with respect to the subject matter hereof and terminates and supersedes all prior understandings or agreements with respect to such matters. This Agreement may be amended only in writing signed by both parties.
VII. LEGAL CONSTRUCTION.
In the event any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions. This Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.
VIII. GOVERNING LAW.
This Agreement shall be governed by the laws of Washington, without giving effect to principles of conflicts of law.
IX. SIGNATORIES.
This Agreement shall be executed on behalf of the MEMBER and on behalf of LAURA ARTMAN by LAURA ARTMAN, BROKER. The Agreement shall be effective as of the Effective Date first written above.