This agreement is entered into this 01-01-1970, by and between the undersigned parties.
Be it resolved and in consideration of these recitals contained herein and other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Inter Capital US a New Jersey Company herein known as (Inter Capital US) and herein known as (Agent) whose offices are located at: To, thereby agree and certify that:
They intend to be legally bound hereby irrevocably and agree not to circumvent, avoid payment of fees or commissions, avoid, bypass, or obviate each other, directly or indirectly, in any transaction with any corporation, Partnership, individual, trust, government, institution or entity revealed by either party to the other, in conjunction with any project and/or transaction involving any products, services, or negotiations, or renewals, rollovers, personal loans, business loans, loans, extensions, amendments, commissions, fees, new contracts agreements, or third party assignments.
Nor shall either party disclose or otherwise reveal, to any third party, any confidential information revealed by the other, particularly information concerning, Clients, Lender', Financing Companies, Borrowers, institutions, corporations, organizations, banks, investors, or individuals, individual names, addresses, social security numbers, telex, facsimiles, telephone numbers, or other means of access thereto, bank information, codes of references, without specific written formal consent of the AGENT shall not contact any lender Inter Capital US Introduces to Agent via LOI, term approvals, or other means, Any future deals Agent wants to bring to introduced Lender/Investor must be first issued to Inter Capital US. No telephone calls or inquiries, are allowed to any bank, investment bank, lender, officers, investor(s), mortgage holders, or purchasers, other brokers, that have been provided to Ralph & Edith Faulkner (Agent) by Inter Capital US, that Ralph & Edith Faulkner (Agent), does not have a relationship with of the date of signing this agreement, without prior written approval from an authorized officer of Inter Capital US.
It is further agreed, that in the event either party shall be liable to pay the other party any and all profits, and/or commissions which such non-defaulting party would have earned or made from any transaction which may be consummated, as a result of, or through such un-permitted circumvention of this agreement, the defaulting party will be liable for triple damages, plus all court fees, and attorney fees expended in the enforcement of this agreement. The parties intend that an independent contractor/employer relationship will be created by this Agreement. Agent is not to be considered either an employee of Inter Capital US for any purpose.
COMPENSATION. See Schedule A.
It is agreed that this agreement shall remain in effect for a period of ONE (1) years, or for the life of any agreement, contracts, or commercial agreements, whichever is longer, and will automatically renew itself from One (1) year period unless mutually agreed to in writing to cancel the same within 30 days of the anniversary date of this agreement. This Agreement supersedes any and all agreements, either oral or written, between the Parties with the respect to the Client submitted to the funding source. Both Parties agree that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained herein shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing and signed by both Parties.
All terms of this agreement shall be binding and inure to the benefits of the parties hereto, their respective heirs, representatives, successors, assignees, designees, referrals to, or referrals This agreement shall be interpreted under the laws of New Jersey, USA. In witness whereof the parties have created and delivered this agreement and is effective from the date of signing both or all parties. This agreement will be void if modified. Fax or electronic delivery shall be binding legal contract.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
In the event of any discrepancy between the terms of this Schedule and the Agreement, the Agreement shall prevail. Managing Director shall be paid Compensation in a One-Time Lump Sum Compensation as detailed below. Compensation is subject to change when changes are made by Inter Capital US to the Program.
In consideration for the services rendered by the Agent hereunder, Inter Capital US agrees to pay the Managing Director in accordance with the Manging Director's Compensation Schedule, set out in Schedule A hereto (the “Compensation”). Compensation shall be paid in respect of each Merchant location each and every unique referral referred to Inter Capital US by Agent only, and which Merchant has entered into a Finance agreement and is funded.
The Managing Director's Compensation shall be due and payable within ONE (1) business day from the date on which Inter Capital US is Paid Commission. Inter Capital US agrees to pay via direct deposit to the Managing Director Inter Capital US is only responsible for compensation to Agent upon the successful funding of Agent’s referral. Agent must have signed W9 on file with Inter Capital US. Agent is not an employee of Inter Capital US.