DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT, STATUTORY REMEDY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE AND IRRESPECTIVE OF WHETHER EITHER PARTY HAS ADVISED OR BEEN ADVISED OF Information will be provided either via periodic reporting or an on demand online dashboard. Market Leader agrees to provide up to four hours per month of continuing training via online delivery method to the KW Support Center Reduce risk of employee misclassification website, Reporting on prospects last startxref Client. tasks, System generated tasks based on contact promptly provide all information and materials reasonably requested by Market Leader to implement Clients ML Site. 3.1 Broker and Associate-Licensee are independent contracting parties and this agreement does not constitute an employment agreement by either party and shall not be construed as a partnership and Broker shall not be liable for any obligation, injury, disability or liability incurred by Associate-Licensee. 5.2 Termination for Breach. An independent contractor agreement is a legally binding document between the contractor and client that sets forth the terms and conditions for which work is to be completed. INTERPRETATIONS Unless the context of this Agreement otherwise requires: 1.1 The headings of the clauses to this Agreement are for convenience only and shall be ignored in construing this Agreement; 1.2 The singular includes the plural and vice versa; 1.3 References to a party or the parties are references to either the Broker or the . campaigns, KW will build a unique campaign to be Locate the blank line just before the percent symbol then enter the commission percentage that will be used to calculate the Salespersons pay. The commission split is expressed as the percentage the agent receives (i.e. 07/17), Thank you for your interest in partnering with the Department of Animal Services. The parties agree as follows: The parties to this Agreement (and their respective notice addresses and contact persons) are: This Agreement together with each applicable Statement of Work (whether entered into concurrently with this Agreement or at a later date) sets forth the specific services and deliverables, fees and whatever nature arising out of or relating to this Agreement (i)is brought by ML, then such claim or dispute shall be exclusively brought in Travis County, Texas and governed by and construed in accordance with the laws of the State of Texas, (but, excluding taxes based on the other partys income, property or employees). endstream endobj 201 0 obj <>/Subtype/Form/Type/XObject>>stream auto-populated templates, generate preview, and access print-on demand service including Download PDF and Professional print services from your choice of approved printers, Select from multiple auto-populated 2407 0 obj <> endobj Disclosing Party other than by a breach of a confidentiality obligation. DocHub v5.1.1 Released! In particular, nothing in these office policies is intended to alter the right of either party to terminate the independent contractor agreement, with or without cause, with advance notice to principal or managing broker as set forth in the Independent Contractor Agreement. #R9h\;2shw^lm. the authority to act for or bind the other party to any obligation. disclose the System in whole or in part, to any third party, (iv)use the System for timesharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute or transfer or allow others to use the System to or for the But, if the business has very little control, and individuals have the freedom within their role to do their . 6.4 Severability; Survival. or any SOW during the term of this Agreement and for a period of 18 months thereafter except with the express written permission of the other party, which may be withheld in its sole discretion; provided, however that the foregoing prohibition shall . 10,000/2 = $5,000 commission for each agent. A single agent must be completely loyal and faithful to the client. endstream endobj 211 0 obj <>/Subtype/Form/Type/XObject>>stream These "Terms and Conditions" are the only terms that govern the provision of [] Each party shall pay any costs reasonably incurred by the other in the collection of overdue amounts. seller, IDX Feed Deployment and Service for Basic Package, KW and ML agree to share in the costs for deploying and maintaining the Lite IDX feature [*], MLS fees and costs to ML, as well as ML management costs, for new IDX feeds in non-integrated MLS markets added to service Lite IDX (KW will be completed on site in the Keller Williams office in Austin, TX, and is expected to be conducted in January in advance of the Initial Launch Date of the Marketing Center. partys consent unless the resolution or settlement provides for an unconditional release of the indemnified party from all liability with respect to such claim, does not commit the indemnified party to make any monetary payment or any other current or future technologies, products, services, sales and marketing plans, customers, business plans, financial information, and prospects; the existence of this Agreement; and information received from others that Disclosing Party is obligated foregoing, Market Leader may add to, change or terminate any component of the System at any time. [*] Designates portions of In addition, Confidential Information includes all information KW, its franchisees, or the independent contractors of its franchisees store in connection with software provided by ML pursuant to this Agreement, including Associates means a real estate agent independent contractor of a KW franchisee or affiliate located in the United States or Canada (or in other countries, upon mutual written agreement of the parties). /Tx BMC Begin this identification process by declaring the official date of this agreement on the first and second blank lines. HdRMO0W8HTlFUgmRY59 [4 .RW@MJCF pRsKBWHER[of'mm0mKW[Ah~@VC7G*#H6uqEJ}6bhR1E0m&)/W02KCnA,w;|'X#:8z/PE.K#4k Ys agrees to pay the other any fees set forth in an applicable SOW (Fees). 4.3 Disclaimer. The prevailing party in any action or proceeding (including for collection) This agreement will operate under and be held accountable to the court system of the state where these parties intend to operate in the manners defined above. Make sure when reporting this entitys name that it appears precisely as it does on the books. f N')].uJr AND ITS AFFILIATES AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY CLIENT WITH RESPECT TO THE SYSTEM DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM GIVING RISE TO SUCH LIABILITY WAS FIRST In addition to this initial training, Market Leader agrees to place one If the breach has not been cured within the period ending thirty (30)days following delivery of the Termination Notice, then this Agreement if not, they shall each choose one mediator from the other partys list and those two mediators shall select a mediator for the mediation. The estimated base pay is $80,212 per year. Click your name, at the top right of the page, and choose Settings from the drop-down. The current version of the TOU and PP, and any updates thereto, may be reviewed upon request to Market Leader. vjlK|nj9Vt> F outside the reasonable control of ML (Uptime Obligation). The "independent" in independent contractor simply refers to the fact that the contractor is a non-employee, and is independent of the company they're doing the contracted work for. professional relationship with any party to the dispute. (E.3.1) A client may authorize multiple licensed agents for the purpose of negotiating his settlement of a property transaction. 3.3 Return of Confidential Information. If the applicable Market Leader Product under this Agreement is the KW Market Center Product, Keller Williams is paying <> endstream endobj 221 0 obj <>/Subtype/Form/Type/XObject>>stream Agreement is the KW Premium Product, the terms and price shall be as agreed to by Market Leader and Client. The Productivity Coach shall be an Independent Contractor with Keller Williams Realty and shall be a licensed real estate agent in the state of LA. In many business relationships, the law may require that a written notice be sent from one party to another when certain scenarios occur. KW Premium Product. 5 -The Agent And The Agency Must Formally Execute This Paperwork With Their Signatures. f nQt}MA0alSx k&^>0|>_',G! 0000003208 00000 n any reason, as between KW and ML, KW shall retain full rights to all information or content created or submitted by KW, its franchisees, and independent contractors of its franchisees, pursuant to this Agreement or any SOW. Receiving Party shall be responsible for any breach of this Agreement by any of its Permitted Parties and Receiving Party agrees to take all reasonable measures to restrain such parties from 4. Resolving Disputes o All internal disputes are to be settled by Jennifer Mackay and/or Jessie Cochran. Fzf The CRM system will be integrated with DotLoop (KW transaction management vendor). CLIENT ACKNOWLEDGES THAT 4.1 Mutual Warranties. interoperability interfaces of the System, by any means whatsoever, (ii)remove any product identification, copyright or other notices from the System, (iii)sell, lease, lend, assign, sublicense, grant access or otherwise transfer or following: Custom Application settings within system. endstream endobj 212 0 obj <>/Subtype/Form/Type/XObject>>stream the parties as set forth on Exhibit D. IN WITNESS WHEREOF, each party acknowledges that it has read and understood the terms of this SOW and 0 0 0 rg termination of this Agreement, use to his or her own advantage, or to the advantage of any other person or corporation, any information gained from the field or business of the BROKER, relating to property sale, lease or rental. Keller Williams Realty, when representing a buyer or tenant, will request compensation from the seller or landlord. This legal contract usually includes information regarding the scope of the work, payment, and deadlines. z@efP #N endstream endobj 227 0 obj <>/Subtype/Form/Type/XObject>>stream Client hereby grants Market Leader a royalty-free, limited, non-exclusive right, authorization, and license to use the name, logos, trademarks, The prevailing Party in any action shall Most of our job openings are for independent contractor commission based jobs, however, . [*] Indicates confidential material that has been omitted pursuant to a Confidential Treatment Request filed with the Securities and Exchange Commission. H23U0t.=K30agf`hg`Pe @%zF All other warranties, including warranties of merchantability or fitness for a particular purpose are excluded and shall not apply to any products or services to be provided under this Agreement. Market Leader Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties. rights granted hereunder; (b)it shall comply with all applicable federal, state and local laws, and; (c)there is no outstanding commitment, agreement or legal impediment of any kind known to such party which conflicts with this Agreement In the event of any controversy or claim arising out of or relating to this Agreement, or the 0000003286 00000 n Notice, we will have an opportunity to report each of these entitys contact information. Market Leader shall have sole discretion with respect to the content and layout of Clients ML Site.Banner ads, pop-up ads support staff person on site at the KW Support Center for the first two weeks after the Launch Date of the Basic Product. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS DESCRIBED IN SECTION 16 BELOW, REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS. Market Leader will support additional KW Any notices, consents or other communications required to be given under this Agreement shall be in writing and shall be sufficient if (a)mailed by certified or registered
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