TRUVIZO REFERRAL AGREEMENT


THIS REFERRAL AGREEMENT (“Agreement”) is entered into by Truvizo, LLC (“Truvizo”) and @full-name@ (“Agent and/or Broker”).

AGREEMENT

This agreement establishes a referral arrangement between you and Truvizo, LLC. You hereby agree to the following:

  • Term. The term of this Agreement will commence upon the Agent’s or Referred Broker’s electronic signature (the “Effective Date”). Either party may terminate this Agreement upon fifteen (15) days written notice. Any Referrals made prior to such termination are still bound by this agreement.
  • Duties of Truvizo. Truvizo will from time to time provide listing and client referrals (each a “Principal”) procured through its website and referring agents, to receiving Agent and/or Broker.

Receiving Agent (When you receive a referral from Truvizo)

  • You agree to pay a Referral Fee of 25% if lead is generated from Truvizo.com. If lead is generated via Truvizo’sAgent Referral Network, receiving agent agrees to pay a 30% Referral Fee. Receiving agent may opt-out of receiving leads from Truvizo’s Agent Referral Network. This percentage will be specified for each individual referral prior to acceptance and is not negotiable unless otherwise specified, documented, and agreed upon by you and Truvizo.
  • Gross Commission are calculated as that received by your Broker prior to any splits or concessions with you or any other brokers pertaining to the referred side of the transaction.
  • If you help a referral received through Truvizo with the sale of one property and the purchase of another, you agree to pay the same Referral Fee described above for both transactions, and any new transactions that close within eighteen (18) months of the date of the referral being sent to you by Truvizo.
  • You agree that you will not refer clients to any other agents or brokers. If you refer the Client to another broker or agent without Truvizo's consent, you or your Broker shall be responsible for the Referral Fee according to the terms and conditions of this Agreement. This includes but is not limited to:
    • If you refer the Client to another agent within your brokerage.
    • If you refer the Client to another agent outside your brokerage.
    • If you change brokerages but the Client stays with the same brokerage.
    • If you change brokerages and take the Client with you to your new brokerage.
  • In the event that you represent both a buyer and seller on the same transaction and one party is a Truvizo Referral, the Referral Fee will be paid on ½ of the total gross commission of the transaction.
  • Agent understands that the Principal may be inquiring on behalf of a family member. In the event the Agent facilitates a transaction on behalf of Principal’s relation in lieu of the Principal, Agent agrees to pay a Referral Fee to Truvizo.
  • If Agent cannot service the Principal, Agent or Referred Broker will promptly notify Truvizo. Referred Broker will not further refer the Principal to another agent or broker. In the event the Principal completes a transaction using the services of that agent or broker, a Referral Fee is due regardless of whether the Agent or Referred Broker receives any compensation.
  • In the event that you receive a Referral from Truvizo with whom a pre-existing relationship between you and the Client had been established in the past 18 months, no Referral Fee is due to Truvizo. In such cases, you must provide proof of the pre-existing relationship to Truvizo.
  • In the event a Referred Broker contends that any referral was not authorized by the Referred Broker, or if the Agent or Referred Broker directly purchases the property from the Principal, the Agent executing the Referral Agreement will be liable for the entire Referral Fee.

Referring Agent (When you refer a lead to Truvizo)

  • As the referring agent, Truvizo agrees to pay you a 20% referral fee for referrals submitted by you through the Truvizo Referral Network.
  • Truvizo will issue you a referral check within 15 days of the referral fee being received by Truvizo from Escrow or from the participating brokerage.

Payment Terms

  • In the event of a sale or purchase, you agree to have the resulting Referral Fee paid directly from escrow. In the event of a lease, broker agrees to issue payment of Referral Fee within ten (10) days of receipt of commission disbursement addressed to:

Trilogy Commercial Real Estate
3943 S. Illinois St
Chandler, AZ 85248

  • If the Referral Fee owed to Truvizo is not received within ten (10) days of the close of escrow by a Referral, you agree that you or your Broker will pay an additional 5% of the gross commission (the "Late Fee") to Truvizo. Late Fees are charged per month until the Referral Fee is paid. The maximum Referral Fee, including any Late Fees, is 50% of the gross commission.

Fine Print

  • Change of Brokerage. If Agent’s license comes under the supervision of a different broker or brokerage, Agent shall notify Truvizo within twenty-four (24) hours of the change and request that agents new broker sign a new Referral Fee Agreement.
  • Assignment. This Agreement may be assigned by Truvizo without Referred Broker’s or Agent’s prior written consent in connection with any merger or sale of all, or substantially all, of Truvizo’s assets or stock.
  • Electronic Signatures. The parties acknowledge and agree that electronic signature of this Agreement by submittal on Truvizo’s website complies with the Global and National Commerce Act of 2000 (the “E-Sign Act”).
  • Collection Fees. In the event of any legal dispute between the parties, the prevailing party will be entitled to recover reasonable attorneys’ and collection fees from the other party. The parties waive any rights which they may have to a trial by jury. This Agreement will be governed by Arizona laws, without regard to its conflict of laws provisions. Any disputes will be venued in the state and federal courts in Arizona.
  • Representations and Warranties. Agent and Referred Broker agree that for the entire Referral Period, Referred Broker: (A) will be and maintain itself as a duly licensed real estate broker; (B) has full power and authority to enter into this Agreement and perform; (C) has full authority tobind the brokerage company on whose behalf he or she is signing; (D) will be liable for any payments due hereunder in the event that any of these representations and warranties is false.
  • Breach. In the event that Agent or Referred Broker breach their payment obligations hereunder, the parties agree that Referred Broker will pay to Truvizo additional compensation equal to 50% of the amount otherwise due hereunder, along with all costs of collection.

Legal Stuff

  • All commissions will be paid to our brokerage Trilogy Commercial Real Estate, LLC, AZ License #LC689020000. Broker shall indemnify and hold Truvizo and Trilogy Commercial Real Estate harmless from all costs, expenses, claims, demands, causes of action, damages and judgments, including without limitation attorney's fees, which might be imposed upon or brought against Truvizo and Trilogy Commercial Real Estate as a result of a third party claim relating to actions or inactions of the Broker.
  • This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona.
  • Any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement may be brought in any state or federal court located in Maricopa County, Arizona. Each Party to this Agreement: (1) expressly and irrevocably consents and submits to the jurisdiction of each state and federal court located in Maricopa County, Arizona in connection with any such legal proceeding; (2) agrees that each state and federal court located in Maricopa County, Arizona will be deemed to be a convenient forum; (3) agrees not to assert (by way of motion, as a defense or otherwise), in any such legal proceeding commenced in any state or federal court located in Maricopa County, Arizona, any claim that such Party is not subject personally to the jurisdiction of such court, that such legal proceeding has been brought in an inconvenient forum, that the venue of such proceeding is improper or that this Agreement or the subject matter of this Agreement may not be enforced in or by such court; and (4) agrees to receive service of summons by First Class Registered mail.
  • You acknowledge that you have obtained your broker's or other permission to use Truvizo's Referral Network service, if you are required to work or be employed under a broker.
  • Your participation in Truvizo's Referral Network is voluntary and can be terminated by either party at any time with written notice. However, any referrals made prior to such termination are still bound by this agreement.
  • The prevailing party as to any dispute(s) relating to this Agreement shall be entitled to recover from the other Party or Parties to this Agreement all costs, expenses and actual attorneys' fees relating to the enforcement or interpretation of, or any litigation relating to this Agreement.
  • This Agreement contains the entire and final agreement of the Parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, stipulations, understandings, agreements, representations and warranties, if any, with respect to such subject matter, which precede or accompany the execution of this Agreement.
Matt - Signature
Matthew C. Bustamante
Truvizo, LLC
Chief Executive Officer
Matt - Signature - Copy
Matthew C. Bustamante
Trilogy Commercial Real Estate, LLC
Designated Broker
AZ Broker License: BR567599000
@full-name@

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Signature Certificate
Document name: TRUVIZO REFERRAL AGREEMENT
lock iconUnique Document ID: f3b019162e05137bb13c54eb760cd55d1c79c486
Timestamp Audit
February 17, 2020 11:11 pm PDTTRUVIZO REFERRAL AGREEMENT Uploaded by Matthew Christopher Bustamante - ara.paular@august99.com IP 119.94.111.111