This agreement establishes a referral arrangement between you and DishTheDeal. You (and your broker if applicable) agree to the following:
Referring Agent (When you refer a lead into DishTheDeal)
- As the referring agent, DishTheDeal agrees to faciliate your payment of a 25% referral fee, unless otherwise specified and agreed upon by both parties, from referrals submitted by you through the DishTheDeal Network that end up closing in a transaction recorded with Escrow.
- DishTheDeal will facillitate your brokerage a referral check within 30 days of the referral fee being received by DishTheDeal from Escrow or from the participating brokerage.
Receiving Agent (When you receive a referral from DishTheDeal)
- You agree to pay the Sending Brokerage a Referral Fee of 25% of the gross referred-side commission for referrals received through the DishTheDeal Network. This percentage is not negotiable unless otherwise specified, documented, and agreed upon by you and DishTheDeal.
- Gross Commission is 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 DishTheDeal 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 12 months of the date of the Referral being sent to you by DishTheDeal.
- 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 DishTheDeal'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 DishTheDeal Referral, the Referral Fee will be paid on ½ of the total gross commission of the transaction.
- You agree to have the resulting Referral Fee paid and addressed directly to the referring Brokerage.
- If the Referral Fee is not received within fourteen (14) days of the close of escrow by a Referral, you agree that you or your Broker will pay an additional 2% of the gross commission (the "Late Fee") to DishTheDeal every seven (7) days. Late Fees are accrued per week until the Referral Fee is paid. The maximum Referral Fee, including any Late Fees, is 50% of the gross commission. Should DishTheDeal have your credit card on file, on the last day of the 10th week, DishTheDeal can and will automatically charge the appropriate amount in alignment with the amount found on the closing statement or fees based on a 3% commission of the property they closed escrow upon, whichever is less.
- You acknowledge that you have obtained your broker's or other permission to use the DishTheDeal Network, if you are required to work or be employed under a broker.
- Your participation in the DishTheDeal 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.
- Broker shall indemnify and hold DishTheDeal 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 DishTheDeal 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 the County of Maricopa, Arizona. Each Party to this Agreement: (1) expressly and irrevocably consents and submits to the jurisdiction of each state and federal court located in the County of Maricopa, Arizona in connection with any such legal proceeding; (2) agrees that each state and federal court located in the County of Maricopa, 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 the County of Maricopa, 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.
- 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.