Eproperty 365 Sales Partner & Dealer Broker Sign Up Application
Team Id
First Name
Last Name
Address1
Address2
Select State
Outside US
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
District of Columbia
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
City
State
Zip Code
Invalid Phone number
Invalid Phone number
Primary Phone Number Mobile Phone Number
Invalid Email
Email Address
Invalid Re-Enter Email Address
Email Address not equal
Re-Enter Email Address
Enter the Zip Codes areas where you are willing to cover sales leads in. Eproperty365 will
provide you a limited amount of sales leads from Eproperty365 Website and marketing
campaigns.The leads will be equally distributed among all the Sales Partner & Dealer Broker
within that area.
Eproperty365 Sales Partner / Dealer Broker / Associate Agreement Rev-0- 02/28/19 THIS SALES PARTNER / DEALER BROKER / ASSOCIATE / DEALER BROKER AGREEMENT ("Agreement") is entered into by and between Eproperty365 Corp and or Butcher Capital Management Corp trading as Eproperty365.com and Eproperty365.net located at 809 N. Bethlehem Pike, Lower Gwynedd, PA 19002 herein known as "Eproperty365" and the Sales Partner / Dealer Broker / Associate, ________________________________________located at _____________________________________________ herein known as ("Sales Partner / Dealer Broker / Associate"). 1. DEFINITIONS As used in this Agreement, the word "Sales Partner / Dealer Broker / Associate" shall mean any person or business entity who or which shall independently market, and sell Eproperty365 services to organizations. 2. WHEREAS; Sales Partner / Dealer Broker / Associate must have completed any Eproperty365 training program. There may be more requirements and details published on the website http://www.Eproperty365.com under Sales Partner / Dealer Broker portal section. 3. APPOINTMENT Eproperty365 hereby grants Sales Partner / Dealer Broker / Associate as a non-exclusive Sales Partner / Dealer Broker / Associate for selling the Eproperty365 services as long as he / she successfully complete any Eproperty365 training program. 4. RECEIVING Eproperty365 SALES LEADS a) If Eproperty365 receives a sales inquiry for your prime area, Eproperty365 will share the lead among all Sales Partner / Dealer Broker / Associate that have enter that zip code on the above Application on a equal bases. 5. PROTECT OF PROSPECTIVE CUSTOMER Sales Partner / Dealer Broker / Associate may be granted an exclusive for a particular organization under the following conditions; a) Sales Partner / Dealer Broker / Associate may request to have Eproperty365 Team member web page to help insure they are credited when one of their customers signs up. If there potential client goes through the hyper links on their Team Member page there is an unique code that identities the Sales Partner / Dealer Broker / Associate and is pasted to Eproperty365 portal or Sales Partner / Dealer Broker / Associate online signup form. b) Sales Partner / Dealer Broker / Associate has checked Eproperty365 master sales database the name and website of any of their prospects and it not reserved by someone else c) Sales Partner / Dealer Broker / Associate request 30 day exclusive in master sales database and the program granted it d) Sales Partner / Dealer Broker / Associate must contact organization in writing within 10 days of your request and enter that information in Master Sales database. e) Sales Partner / Dealer Broker / Associate may request one extension of 30 days. f) Eproperty365 reserves the right to rescind the exclusive protection granted at anytime for any reason. Eproperty365 will notify the Sale Partner in writing. 6. SERVICES TO BE PROVIDED BUT NOT LIMITED TO; a) Eproperty365 will provide to Sales Partner / Dealer Broker / Associate; a. Technical Support b. Product and Service Upload Support c. Development of Customer Campaign Support d. Training Materials 7. ACCEPTANCE BY SALESP/DBROKER Sales Partner / Dealer Broker / Associate hereby accepts the appointment as a non-exclusive Sales Partner / Dealer Broker / Associate for the Eproperty365 service on all the terms and conditions provided in this Agreement. 8. LICENSE FEE Sales Partner / Dealer Broker / Associate shall not pay an Eproperty365 license fee to become an authorized and qualified Sales Partner / Dealer Broker / Associate. 9. MARKETING Eproperty365 will provide marketing materials to Sales Partner / Dealer Broker / Associate. If Sales Partner / Dealer Broker / Associate wishes to create his/her own marketing materials, Sales Partner / Dealer Broker / Associate shall, prior to its use of such materials, submit such materials to Eproperty365 for approval. Sales Partner / Dealer Broker / Associate shall be solely responsible for all costs and expenses related to advertising, marketing, promoting, reselling, delivery, and distribution related to the Eproperty365 service. 10. COMMISSIONS Sales Partner hereby accepts the Eproperty365 commissions set forth. All commissions are calculated on fees paid and received by Eproperty365; a) 20% of what owner paid each month for one year that Sales Partner / Dealer Broker / Associate signed up. b) If the Sales Partner / Dealer Broker / Associate signs up at least 10 new Owners in a year and is in good standing with Eproperty365. The Sales Partner / Dealer Broker / Associate will be paid 20% on the recurring income from the past year owner that Sales Partner / Dealer Broker / Associate signed up. c) If the Sales Partner / Dealer Broker / Associate reaches 150 owners sold or 15 years the quota will be reduce by half d) If the Sales Partner / Dealer Broker / Associate reaches 200 owners sold or 20 year the quota will end and the Sales Partner / Dealer Broker / Associate may apply to receive the recurring income for his lifetime. e) It's understood and agreed by Sales Partner / Dealer Broker / Associate that Eproperty365 has the right to waive in writing any and all yearly quotes for a given point of time. In addition, It's understood that Eproperty365 has right to raise the yearly sales quotes to the Sale Partner at anytime for next year, but the increase cannot be more than 20% from the previous year. Dealer broker hereby accepts the Eproperty365 commissions set forth. All commissions are calculated on fees paid and received by Eproperty365; a) 20% a onetime commission for the sale of Exclusive Territory License that Eproperty365 receives. Associate hereby accepts the Eproperty365 commissions set forth. All commissions are calculated on fees paid and received by Eproperty365; a) The Associate must sign up at least 5 Sales Partners each year to receive a 5% override on those Sales Partner accounts that where signed up. b) The Associate will be given a grace period of 90 days from when Associate first signs up. Eproperty365 will pay the override even if the Associate has not signed up 5 Sales Partner. The Associate may roll over for credit any Sales Partner signs ups over 5 to be count for the next year quota. . 11. PAYMENT OF COMMISSIONS Sales Partner / Dealer Broker / Associate hereby accepts the commissions payment procedures set forth. a) Eproperty365 will pay Sales Partner / Dealer Broker / Associate their commissions on or before either the 15th and or 30th for the preceding month commissions. b) Eproperty365 reverses the right to place a minimum amount needed to be earned before payment is made unless it's a termination check or the last month in the year. c) The Sales Partner / Dealer Broker / Associate must be in good standing. Eproperty365 reserves the right to offset any commissions owed with any claims for returns or refunds. 12 TERM OF LICENSE The Sales Partner / Dealer Broker / Associate granted by Eproperty365 pursuant to this Agreement shall continue in full force and effect for a period of one (1) year from the date of approval of the Sales Partner / Dealer Broker / Associate into the Eproperty365 Sales Partner / Dealer Broker / Associate program. 13. AUTOMATIC RENEWAL OF AGREEMENT Provided this Agreement has not been terminated, then this Agreement shall automatically renew itself from year to year after the initial first year term, upon thirty (30) thirty days written notice to the SalesP/Dbroker. Sales Partner / Dealer Broker / Associate agrees that, notwithstanding the number of times this Agreement may be renewed, it is not the intention that it be construed as a contract of indefinite duration. 14. ASSIGNMENT The Eproperty365 agrees that its rights and obligations under this Agreement may be transferred or assigned by the Sales Partner / Dealer Broker / Associate under the following terms; 1) Any transfer of a controlling interest in Sales Partner / Dealer Broker / Associate commissions shall be considered an assignment and all provisions as well is quotes would apply from existing agreement. 2) That new Sales Partner / Dealer Broker / Associate agreement must be signed by the new Sales Partner / Dealer Broker / Associate agreement and be approved to receive commissions. 3) Sales Partner / Dealer Broker / Associate must give Eproperty365 first right of refusal in writing for 30 days to purchase of the recurring commissions revenues of the Sales Partner / Dealer Broker / Associate accounts. 4) Eproperty365 must approve the assignment in writing. 5) Sales Partner / Dealer Broker / Associate will provide Eproperty365 with background and financial information of the assignee. 6) Sales Partner / Dealer Broker / Associate is in good standing with Eproperty365 7) Sales Partner / Dealer Broker / Associate pays a transfer fee 15% of the purchase price to Eproperty365. Eproperty365 reserves its full rights to transfer or assign this Agreement. This Agreement shall be binding upon and endure to the benefit of the legal representative, successors, and assigns of Eproperty365. 15. INDEPENDENT CONTRACTORS The relationship between Eproperty365 and Sales Partner / Dealer Broker / Associate under this Agreement is solely that of independent contractors. Nothing contained in this Agreement shall be construed to give either party the power to direct and control the day-to-day activities of the other, constitute the Sales Partner / Dealer Broker / Associate as agents, employees, Sales Partner / Dealer Broker / Associate, joint ventures, co-owners, or otherwise as participants in a joint or common undertaking, or allow the Sales Partner / Dealer Broker / Associate to create or assume an obligation or legal representation on behalf of Eproperty365 for any purpose whatsoever. 16. COMPLIANCE WITH LAWS Sales Partner / Dealer Broker / Associate shall comply with all laws and regulations applicable to Sales Partner / Dealer Broker / Associate with respect to the conduct of business generally. Non-compliance by Sales Partner / Dealer Broker / Associate or its employees or agents shall be considered a default under this Agreement, justifying termination. 17. LIMITED WARRANTY Eproperty365 represents and warrants that the Eproperty365 website and subscription service has been designed and developed with reasonable diligence and skill. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO REPRESENTATIONS OR WARRANTIES BY EPROPERTY365, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SOFTWARE OR SERVICE OFFERED BY EPROPERTY365 THROUGH EPROPERTY365 PURSUANT TO THIS AGREEMENT. IN NO EVENT SHALL EPROPERTY365 BE LIABLE FOR ANY LOSS OF BUSINESS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT. Any software, products, or equipment supplied by third parties are subject to the applicable warranties provided by such third parties, and Eproperty365 makes no additional warranties with respect to such software, products, or equipment. Sales Partner / Dealer Broker / Associate shall in no way imply or state to any customers or prospect that any warranties not expressly given by Eproperty365 or applicable third parties are in effect with respect to the software, products, or equipment. 18. LIMITATION OF LIABILITY In the event that Eproperty365 is found liable for any act or omission under warranty or otherwise by a court of competent jurisdiction, the parties expressly understand and agree that Eproperty365's liability to respond in damages shall be limited to the return of the Eproperty365 Sales Partner / Dealer Broker / Associate program license fee paid by Sales Partner / Dealer Broker / Associate to Eproperty365, and in no event shall Eproperty365 be liable for any special, incidental or consequential damages, including but not limited to loss of revenues and loss of profit, and Eproperty365 shall not be liable for any injury or damage to Sales Partner / Dealer Broker / Associate properties, Sales Partner's / Dealer Broker's / Associate's business, or Sales Partner's / Dealer Broker' s / Associate's employees, agents or other business invitees in any way related to or arising out of the Eproperty365 service, its use or inability to use or its implementation. 19. INDEMNIFICATION Sales Partner / Dealer Broker / Associate will indemnify, defend and hold Eproperty365 harmless from any and all liabilities, losses, obligations, expenses (including without limitation to attorney's fees) and costs arising in connection with any lawsuit, proceedings, or other action arising out of the operation of Sales Partner's / Dealer Broker's / Associate's business or related to any claim by a third party based, in whole or in part, on Sales Partner's / Dealer Broker's / Associate's marketing, selling, reselling, delivery, training, distribution, use, or installation related to the Eproperty365 service. The activities of any of Sales Partner's / Dealer Broker's / Associate's employees, and or agents of representatives will be considered activities of the Sales Partner / Dealer Broker / Associate for purposes of this Section. Eproperty365 will have the right, but not the obligation, to assume the defense of any such lawsuit, proceeding, or action. Eproperty365 and Sales Partner / Dealer Broker / Associate will each give the other prompt notice of any such claim, lawsuit, proceeding or action. 20. TAXES The Sales Partner / Dealer Broker / Associate understands and agrees that it is the Sales Partner's / Dealer Broker's / Associate's full responsibility for all tax obligations including compensation where applicable by law. 21. TITLE AND PROPERTY RIGHTS Sales Partner / Dealer Broker / Associate agrees that the Eproperty365 service and any software created by Eproperty365 for Eproperty365, in whole or in part, is owned and is the sole and exclusive property of Eproperty365. Sales Partner / Dealer Broker / Associate agrees that, the grant of this license notwithstanding, Eproperty365 has and shall retain all proprietary rights including copyright privileges in and to the web site, software, instructions, training manuals, marketing materials, operation procedures, programs, drawings, brochures, literature or any other type of written, printed, or machine readable materials. 22. COVENANTS OF SALES PARTNER /DEALER BROKER For the purpose of protecting the proprietary interest of Eproperty365 and for the purpose of setting forth the rights and restrictions relating to the license for the Eproperty365 subscriptions and related service as granted in this Agreement, Sales Partner / Dealer Broker / Associate covenants and agrees with Eproperty365 as follows: a) Sales Partner's / Dealer Broker's / Associate's employees and agents shall protect the confidentiality of the Eproperty365 subscriptions and related services and all information relating to the Eproperty365 service, whether provided to Sales Partner / Dealer Broker / Associate by Eproperty365 or otherwise; and neither Sales Partner's / Dealer Broker's / Associate's nor any of the employees or agents shall disclose to any person, firm, company or corporation any information concerning the manner in which said service or software accomplishes its purpose. b) Sales Partner / Dealer Broker / Associate agrees that all Eproperty365 website, software, and documentation of the service and all written, printed or machine readable materials, programs, drawings, instructions, training manuals, operation procedures, brochures or literature of any type which Sales Partner / Dealer Broker / Associate may receive from Eproperty365 with regard to the service shall remain the property of Eproperty365 and Sales Partner / Dealer Broker / Associate understands that such materials are loaned to Sales Partner / Dealer Broker / Associate for the limited purpose of facilitating the promotion and sale of Eproperty365 services by Sales Partner / Dealer Broker / Associate. No such materials or documentation shall be reproduced in whole or in part by Sales Partner / Dealer Broker / Associate for any purpose whatsoever, without the prior written consent of Eproperty365 upon the expiration of the term of this Agreement or upon any breach by Sales Partner / Dealer Broker / Associate of any of the terms of this Agreement, whichever occurs first. c) Sales Partner / Dealer Broker / Associate agrees to promptly report to Eproperty365 the existence or apparent existence of any program error in the Eproperty365 service. d) Sales Partner / Dealer Broker / Associate shall promptly report to Eproperty365 in writing upon its discovery of any unauthorized use or infringement of the service. e) Sales Partner / Dealer Broker / Associate shall not, and shall not authorize any third party to, modify, alter, reverse engineer, disassemble, or decompile any software used with the service. f) Sales Partner / Dealer Broker / Associate shall provide, immediately, in writing any changes to the information provided to Eproperty365 in the Sales Partner / Dealer Broker / Associate application. g) Sales Partner / Dealer Broker / Associate agrees that it may be terminated at any time if the Sales Partner / Dealer Broker / Associate breaches this Agreement or engages in any conduct that may be deemed disreputable by Eproperty365. h) Sales Partner / Dealer Broker / Associate agrees that entering into this Agreement does not violate or breach any other agreement Sales Partner / Dealer Broker / Associate may have with any other person or entity. 23. PROTECTION OF TRADE SECRETS Sales Partner / Dealer Broker / Associate hereby acknowledges that in connection with this Agreement, Eproperty365 may have disclosed certain processes, devices, techniques, plans, methods, and know-how which were designed and developed by Eproperty365 at great expense and over lengthy periods of time, which are secret, confidential and unique; and which constitute the exclusive property and trade secrets of Eproperty365. Eproperty365 may disclose some of its confidential information to Sales Partner / Dealer Broker / Associate for the sole purpose of inducing Sales Partner / Dealer Broker / Associate to become one of Eproperty365's Sales Partner / Dealer Broker / Associate of the Eproperty365 service offered by Eproperty365. In addition, from time to time during the term of this Agreement, Eproperty365 may disclose certain processes, devices, techniques, methods, and know-how, designed and developed by Eproperty365, which are secret, confidential, and unique; and which constitute the exclusive property trade secrets of Eproperty365. The Sales Partner / Dealer Broker / Associate, its agents, its successors, personal representatives, and assigns shall not, at any time, without the express written consent of Eproperty365, publish, disclose or divulge to any person, firm, or corporation, from directly or indirectly, the aforesaid confidential information and trade secrets. The Sales Partner / Dealer Broker / Associate hereby acknowledges and agrees that in the event of any violation from any court of competent jurisdiction preliminary and permanent in junction relief as well as an equitable accounting of all profits or benefits arising out of such a violation, which rights and remedies shall be cumulative and in addition to any other rights or remedies to which Eproperty365 may by entitled. 24 TRADEMARKS, TRADE NAMES, SERVICE MARKS, and LOGOS During the term of this Agreement, Sales Partner / Dealer Broker / Associate shall have a limited license to use the trademarks, trade names, service marks, and/or logos in connection with Sales Partner's / Dealer Broker's / Associate's promotion of the service as a qualified Eproperty365 Sales Partner / Dealer Broker / Associate, but only in strict compliance with such license and the policies, instructions and guidelines of Eproperty365, and the failure to do so constitutes a material breach of this Agreement allowing Eproperty365 to immediately terminate this Agreement without notice or penalty. This compliance shall include proper display of trademark notices and warnings with each use of trademark or logo (e.g. Eproperty365, Eproperty365 logo, are trademarks or registered trademarks of Epropery365 Corp. in the United States and other countries), and any use of such trademarks or logos shall be subject to prior approval of Eproperty365. Sales Partner / Dealer Broker / Associate acknowledges the exclusive right, title, and interest of Eproperty365 in and to its trademarks and logos. Nothing contained in this Agreement shall be construed as conveying to Sales Partner / Dealer Broker / Associate any right, title of interest in or to any of Eproperty365�s trademarks or logos other than an express right to a permissive use thereof in connection with the promotion of the Eproperty365 service. Sales Partner / Dealer Broker / Associate shall cooperate to the fullest extent possible with Eproperty365 or its nominee to take such actions as Eproperty365 in its sole discretion may consider necessary to protect any of its trademarks. Sales Partner / Dealer Broker / Associate shall fully cooperate with Eproperty365 in maintaining and defending the ownership and validity of each of Eproperty365 trademarks against infringement and claims of infringement. Sales Partner / Dealer Broker / Associate will promptly notify Eproperty365 of any infringement or unauthorized use of any Eproperty365 trademark by any third party, or any assertion by any third party that Sales Partner's / Dealer Broker's / Associate's use of any Eproperty365 trademark constitutes infringement. Eproperty365 shall not be obligated to initiate or defend legal action with respect to any Eproperty365 trademark, and Sales Partner / Dealer Broker / Associate shall not initiate or defend any such action itself without Eproperty365's prior written consent; and Sales Partner / Dealer Broker / Associate hereby agrees and warrants that Sales Partner / Dealer Broker / Associate will not incorporate all or any portion of Eproperty365's trademarks, trade names, service marks, or logos into Sales Partner�s / Dealer Broker�s / Associate�s identification, corporate name, or trade names. Upon termination of this Agreement, Sales Partner / Dealer Broker / Associate shall cease to use all trademarks and logos. 25. TERMINATION FOR CAUSE a.) If either party defaults in the performance of any provision of this Agreement, then the non-defaulting party may terminate this Agreement without prior notice. Without limitation, Sales Partner's / Dealer Broker's / Associate's failure to provide proper service to customer shall be cause for termination. b.) This Agreement shall terminate, without notice, upon the institution by or against Sales Partner / Dealer Broker / Associate of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of Sales Partner's / Dealer Broker's / Associate's debts, upon Sales Partner's / Dealer Broker's / Associate's making an assignment for the benefit of creditors, upon Sales Partner's / Dealer Broker's / Associate's dissolution, or upon the sale, transfer, hypothecation or other disposition of fifty percent (50%) or more of the stock or ownership of Sales Partner / Dealer Broker / Associate. c.) For the lack of sale of a subscription. If Sale Partner has not sold at least one subscription within a ninety (90) day period, Eproperty365 shall have the right to terminate this agreement without notice. 26. TERMINATION FOR CONVENIENCE Either Eproperty365 or Sales Partner / Dealer Broker / Associate may terminate this Agreement at any time, with or without cause, upon thirty (30) days prior written notice to the other party. 27. EFFECT OF TERMINATION a.) Upon termination of this Agreement for any reason, Eproperty365 shall not be liable to Sales Partner / Dealer Broker / Associate for, and Sales Partner / Dealer Broker / Associate hereby expressly waives all rights to account rights, compensation, indemnities, or damages of any kind, whether on account of the loss by Sales Partner / Dealer Broker / Associate of present or prospective profits, commissions, anticipated orders, expenditures, investments or commitments made in connection with this Agreement, goodwill created, or on account of any other reason. Upon termination of this Agreement for any reason, Sales Partner / Dealer Broker / Associate shall deliver to Eproperty365, within ten (10) days, the name, address, phone number, and email address of each service customer of Sales Partner / Dealer Broker / Associate. b.) Upon termination of this Agreement, for any reason whatsoever, Sales Partner / Dealer Broker / Associate shall immediately pay Eproperty365 any and all amounts owed to Eproperty365. c.) If, under any applicable law, Sales Partner / Dealer Broker / Associate is entitled to any compensation upon termination for cause or the expiration of a fixed term of their Sales Partner / Dealer Broker / Associate agreements, this Agreement shall be deemed a contract for a duration of not more than one (1) year, and shall expire upon the expiration of such one (1) year after the initial effective date of this Agreement. To the extent any such compensation is deemed earned as a matter of law, the parties shall retroactively readjust all prices so that the prices charged to the Sales Partner / Dealer Broker / Associate shall be increased by the amount necessary to give such compensation to the Sales Partner / Dealer Broker / Associate as part of the overall pricing and compensation arrangements between the parties, and no additional payments shall be due to Sales Partner / Dealer Broker / Associate from Eproperty365. 28. CONSTRUCTION OF AGREEMENT This Agreement shall be governed by and constructed in accordance with the laws of the Commonwealth of Pennsylvania. In the event of litigation between the parties, Eproperty365 shall have the choice of venue. 29. INACTIVITY In the event the Sales Partner / Dealer Broker / Associate does not have activity for more than ninety (90) days, the Sales Partner / Dealer Broker / Associate is determined to be inactive and is terminated. If U.S. Postal Service returns mail to Eproperty365 more than 3 times within three (3) months, the Sales Partner / Dealer Broker / Associate is deemed inactive. In the event a Sales Partner / Dealer Broker / Associate does not provide reasonable and satisfactory service at the discretion of Eproperty365, the Sales Partner / Dealer Broker / Associate may become inactive and terminated. Any Sales Partner / Dealer Broker / Associate must remain an active Sales Partner / Dealer Broker / Associate to earn any commissions, compensation, or any other service benefit. The Sales Partner / Dealer Broker / Associate may request once to have the Account and agreement reinstated, but it's up to sole discretion of Eproperty365 to reinstate a Sales Partner's / Dealer Broker's / Associate's account. 30. DEFAULT In the event Sales Partner / Dealer Broker / Associate shall fail to keep, observe, or perform any of the terms or conditions of this Agreement, in the opinion of Eproperty365, the license provided by this Agreement may be terminated. All of the Sales Partner's / Dealer Broker's / Associate's accounts, compensation, and commission will be transferred to Eproperty365. Furthermore, any then pending orders of Sales Partner / Dealer Broker / Associate may be cancelled or transferred. 31. FORCE MAJEURE Nonperformance of either party (except for payment obligations) shall be excused to the extent that performance is rendered impossible by strike, fire, flood, act of God, governmental acts, failure of suppliers, or any other reason beyond the reasonable control of the non-performing party. 32. SEVERABILITY If any provision of this Agreement becomes or is declared by an arbitrator or court of competent jurisdiction to be illegal, unenforceable or void, this Agreement and its remaining terms shall continue in full force and effect without said provision. Eproperty365 may offer a substitute provision for negotiation in good faith which, upon agreement, would become a(n) binding, valid, and enforceable provision. 33. WAIVER OF BREACH The failure of either party to require the performance of any terms of this Agreement or the waiver of either party of any breach under this Agreement shall not prevent a subsequent enforcement of such term, or be deemed a waiver for any subsequent breach. 34. CONFLICTS WITH PRIOR SALES PARTNER / DEALER BROKER / ASSOCIATE AGREEMENT In the event that the parties to this Agreement have contemporaneously or previously entered into a Sales Partner / Dealer Broker / Associate Agreement with terms inconsistent with this Sales Partner's / Dealer Broker's / Associate's Agreement, then the terms of this or the most current Sales Partner's / Dealer Broker's / Associate's Agreement shall control. 35. MODIFICATION This Agreement shall not be modified or changed unless in writing and signed by Eproperty365 and Sales Partner / Dealer Broker / Associate. 36. POLICY AND PROCEDURE Sales Partner / Dealer Broker / Associate agrees to follow any and all policies and procedures of the Eproperty365 Sales Partner / Dealer Broker / Associate program which can be found online at http://www.Eproperty365.com/SalesP/Dbroker/PolicyAndProcedures. Sales Partner / Dealer Broker / Associate agrees to monitor the policy and procedures. 37. ENTIRE AGREEMENT This Agreement sets forth the entire understanding of the parties. All understandings and agreements heretofore had between the parties hereto respecting the Eproperty365 Sales Partner / Dealer Broker / Associate program which is the subject matter of this Agreement are merged into this Agreement. No representation or warranties have been made by any party to the other except as herein expressly set forth. Its agreed by both parties that by checking box on the web page is the same as actually signing the agreement. Eproperty365, Inc. (Eproperty365) Sales Partner / Dealer Broker / Associate _______________________________ Date ______/201_ _____________________________ Date ____/201_ Authorized Signature Authorized Signature Eproperty365_Sales_Partner_Dealer_Broker_Associate_Agreement_Rev0_022819.doc 1 2/28/2019 6:05 PM
By Checking the Check Box you have agreed that you have read and agreed to the Sale Partner and Dealer Broker Terms and Conditions and polices.
Type full name
Date & Time
Last four of SS
< Go Back