MEXICO
MORTGAGE HUB AGENT AGREEMENT.
This agent agreement is entered this [day] day of [month], [year] (this “Agreement”)
BETWEEN:
CREDITARIA
FINANCIAL GROUP CORP. (hereinafter referred to as
“Creditaria”
-and-
[username]
A resident in the city of: [city] in the Province/Territory of: [province] (hereinafter referred to as “Associate”)
WEEHEREAS
Creditaria, have agreements with several financial institutions and investors
in Mexico to fund mortgages in Mexico for international buyers.
AND WHEREAS
Creditaria has agreed to enter into this independent Associate agreement with
the Associate, whereupon the Agent will provide services as an independent
seller of these Mortgages in Mexico with the financial institutions represented
by Creditaria, on behalf of Creditaria.
NOW THEREFORE in consideration of the mutual promises contained in this
Agreement, Creditaria and the Associate agree as follows:
1.
SERVICES. Creditaria agrees to engage the Associate and the Associate agrees
to deliver the services set out in this Agreement, on the terms and conditions
set out herein (the “Services”).
2.
APPLICABLE BUSINESS. The Agreement shall govern all business that the Associate places
with Creditaria from any province in Canada or the United States of America.
The Associate shall submit to Creditaria request for funding and mortgage
applications, and Creditaria shall accept such applications from the Associate,
provided that same are submitted in accordance with any applicable guidelines
required by the financial institution to complete the evaluation process.
Creditaria shall submit such applications on behalf of the Associate by way of
its “back office” system or other means accepted by the financial institution.
3.
CERTIFICACION. The Associate shall hold a valid sub-mortgage broker or mortgage
broker by their respective provincial regulator during the Term (as hereinafter
defined), and shall ensure that all of its agents/brokers involved in the
transaction of business for, or on behalf of the Associate, are properly
licensed. Associate shall provide Creditaria with certified copy of this
licenses/certificates if requested by Creditaria and shall maintain such
licenses/certificates through Creditaria back office. The cost of the mortgage
broker’s/agent’s license, any additional fees to satisfy provincial licensing
requirements, shall be at the sole cost and expense of the Associate.
4.
REPRESENTATION. The Associate acknowledges that in the placement of business with
Creditaria under this Agreement, the Associate shall act on behalf of their
clients. The Associate acknowledges and agrees that the responsibility of
selling and servicing accounts rests with the Associate. The Associate shall
report promptly as directed by Creditaria on all transactions by Associate or
any modifications/requirements thereof.
5.
COMISSION. As compensation for
business placed with, accepted and funded by a financial institution, the
Associate shall be entitled to receive a commission based on the mortgage
amount in accordance with the commission guidelines listed in Creditaria’s back
office. Creditaria reserves the right to change its commission guidelines in
its absolute discretion. Whenever possible, Creditaria will provide notice of
any such changes, in writing, at least two weeks prior to same. No commission
or other compensation shall be paid to the associate unless all required
licenses and/or registrations, required by this Agreement and/or by applicable
laws have been provided to Creditaria via the back office profile. If any such licenses
and/or registrations have not been uploaded as required, no compensation shall
be paid to the Associate until same has been completed.
6.
PROHIBITION OF SALES. In the sole and absolute discretion of Creditaria, Creditaria may
temporarily prohibit the submission of applications/business by the Associate
pending a period of investigation applicable to the activities of the
Associate. If any regulatory body governing the Associate mandates a longer
investigation period that that established by Creditaria, such period shall
apply and the Associate shall comply with same. While an investigation es
pending, or otherwise, holds placed by Creditaria or by an insurer may affect
the submission of new applications, declaration of new business and/or release
of commissions and, to any such extent, Associate agrees to comply with same.
7.
ADVERTISING APPROVAL. The Associate shall submit to Creditaria for prior approval in
writing via Creditaria’s back office all advertising, listings, or other
printed material of any kind which includes Creditaria’s or Mexico Mortgage
Hub’s name, logo and/or designs or its financial institution’s names, insignia
or logos. The Associate shall not utilize/publish any such materials prior to
receiving approval from Creditaria. Written notice should be given at least two
weeks in advance of the date needed for material approval.
8.
LIMITATIONS OF ASSOCIATE;
RELATIONSHIP. This agreement is not intended and
will not be construed to make either party a joint venturer, partner, employee
or servant of the other for any purpose whatsoever. The Associate shall have no
power or authority to bind Creditaria or to assume or create any obligations or
responsibility, express or implied, on Creditaria’s behalf or in its name, nor
will the Associate represent to anyone that the Associate has such power or
authority.
9.
EXPENSES; TAXES. The Associate shale bear sole responsibility for all od the
Associate’s expenses accrued in carrying out the Services. The Associate
recognizes and agrees that, as an independent Associate, it is responsible for
and is required to pay on its behalf and on behalf of its employees, all
payments, taxes and/or levies to any federal, provincial, or local agency or
body. Such payments may include, but are not limited to, income tax, employment
insurance premiums, Canada Pension Plan premiums, and Workplace Safety and
Insurance Board premiums. All such contributions, deductions and remittances
shall be the sole responsibility of the Associate.
10.
LIABILITIES. Creditaria is not liable for any looses incurred due to fraudulent
actions and misconduct of the Associate. The Associate will be accountable for
any legal action taken against them.
11.
NON-DISPARAGEMENT. The Associate acknowledges and agrees that, during the Term and
following termination of this Agreement for any reason, he/she shall not make
any negative or disparaging statements or any statements that could be
construed as disparaging or negative (whether verbal, in writing or any
electronic form) regarding Crediataria or Mexico Mortgage Hub, its business
operations, services, products, employees, directors, officers, or affiliates.
12.
NON-SOLICITATION. The Associate shall not during the Term and for a period of
twenty-four (24) months from the date of the termination of this Agreement,
either directly or indirectly, enter into an agreement with or solicit the
employment of employees of other associates, agents or Associates of Creditaria
for the purposes of causing them to leave the employment of, or contract with
Creditaria or taking employment, or providing services, with any business that
is in competition in any manner whatsoever with the business of Creditaria.
13.
NO CONFLICT OBLIGATION.
a.
No Existing Contract. The Associate represents and warrants to Creditaria that there
exists no agreement or contract that prohibits the Associate form providing
services to Creditaria or from performing the duties assigned to the Associate
pursuant to this agreement.
b.
Covenants. The Associate hereby covenants and agrees that, in provision of
the Services:
i.
The Associate shall not provide
to Creditaria or use any trade secrets, confidential information or other
proprietary information of any third party; and,
ii.
The Associate shall not
infringe on the intellectual property rights of any third party; and,
iii.
The Associate shall not breach
any legal obligation owing to any third party.
c.
Consequences of Breach. The associate acknowledges and agrees that a breach of this
Section shall constitute a material breach of this Agreement. The Associate
undertakes and agrees to defend and indemnify Creditaria and hold Creditaria
harmless, at the Associate’s sole cost and expense, from and against all
claims, demands, suits, losses, costs, damages and expenses that Creditaria may
sustain or incur by reason of any breach or alleged breach by the Associate of
his/her obligations set forth in this Section 13.
14.
TERM and TERMINATION:
a.
TERM. This agreement shall commence on the effective date and shall
continue in full force and effect until terminated in accordance with this Section
14 (the “Term).
b.
TERMINATION WITHOUT NOTICE. Either party may terminate this agreement immediately with cause
upon written notification to the other party of such termination. Such notice
shall state the cause with specificity. The term “cause” shall include without
limitation, any one or more of the following:
i.
A party’s indictment or
conviction of any felony, fraud, or any crime under the Criminal Code of
Canada, Mexico or the United States.
ii.
The intentional
misappropriation by a party of funds, or property of another party, or funds or
property of cany client.
iii.
The cancellation or refusal to
renew by the issuing mortgage broker regulatory authority any license,
certificate or other regulatory approval required in order for a party to
perform its duties under this Agreement.
iv.
Loss of any licenses required
by the Associate under this Agreement, for any reason.
c.
TERMINATION WITH NOTICE. Either party may terminate this Agreement at any time upon thirty
(30) days’ written notice to the other party. Such notice shall state the cause
with specificity. The term “cause” shall include without limitation, any one or
more of the following:
i.
Violation of Creditaria’s
policies and procedures.
ii.
Violation of the Creditaria’s
Business Standards, enclosed with this Agreement.
15.
EFFECT OF TERMINATION. Upon termination of this Agreement for any reason whatsoever, the
Associate and Creditaria hereby agree that:
a.
Creditaria will no longer
accept any new business or contracting from the Associate.
b.
All supplies furnished to the
Associate by Creditaria, including, but not limited to, pamphlets, handouts,
and merchandise, shall be returned to Creditaria within thirty (30) days
following the effective date of termination.
c.
If this Agreement is terminated
pursuant to Section 14 (c), during the applicable thirty (30) day notice
period, the Associate shall not have access to the back office nor be able to
submit any new business.
16.
NO ASSIGNMENT. Neither this Agreement nor any right, interest, duty or obligation
hereunder may be assigned, transferred or delegated by the Associate without
the express consent of Creditaria, which consent may be withheld in the
discretion of Creditaria.
17.
INJUNCTIVE RELIEF. The Associate acknowledges and agrees that if the Associate
breaches any of his/her obligations under this Agreement, Creditaria would
suffer irreparable harm, and that legal action may be inadequate in recouping
the losses incurred. The Associate agrees that in the event of a breach, or
threatened breach of this Agreement, Creditaria is entitled to injunctive
relief or a ruling of specific performance of this Agreement, as well as any
other remedies available under law, and without the necessity to prove
irreparable harm or special damages.
18.
SURVIVAL. Sections 8, 9, 10, 11, 12, and 15 through 20 of this Agreement
shall continue in effect without restriction following the cessation of this
Agreement for any reason.
19.
NOTIFICATION. All notices to the Associate from Creditaria shall be addressed to
the associate at home or email address identified by the Associate in
Creditaria’s back office. It is the responsibility of the Associate to
immediately notify Creditaria of any change in their identified personal
information (home address/email/phone number, etc) via their back office
profile. All notices to Creditaria from the Associate shall be addressed to
Creditaria’s registered head office
address.
20.
ADITIONAL TERMS.
a.
This Agreement shall be
governed by and construed in accordance with the laws of the Province of
British Columbia and the laws of Canada applicable therein and shall be
treated, in all respects as a British Columbia contract. The parties hereby
attorn to the exclusive jurisdiction of the Courts of British Columbia.
b.
If any provision in this
Agreement is determined to be invalid or unenforceable in whole or in part,
such invalidity or unenforceability shall attach only to such provision or part
and the remaining part of such provision and all other provisions hereof shall
continue in full force and effect.
c.
Any failure by either party to
enforce any provision of this Agreement shall not constitute a waiver of any
provisions of this Agreement
d.
No amendment shall be valid or
binding unless in writing and executed by both parties. No waiver of breach of
any term of this Agreement shall be binding unless made in writing and executed
by the party providing the waiver.
CREDITARIA
FINANCIAL GROUP CORP. BUSINESS STANDARDS
·
I will always be honest in my
Creditaria business dealings. I understand that no one can authorize or require
me to make a dishonest statement.
·
I will always be professional
and respectful in my Creditaria business dealings. I will not engage in
discrimination on the bases of race, color, religion, sex, national origin,
disability, marital status, or any other characteristic protected by law, and
will not engage in any form of harassment.
·
I will work in compliance with
the regulatory duties expected of me, as defined by Creditaria and my
provincial regulator.
·
I will always represent Creditaria
honestly and fairly to potential buyers or customers.
·
I understand that Creditaria
offers the chance to earn income and opportunity for advancement and financial
growth, but that my actual advancement and financial growth are based solely on
my own efforts and ability. Neither Creditaria nor any Creditaria
Employee/Associate can guarantee my success, advancement or income.
·
I will solicit/refer Creditaria
and Mexico Mortgage Hub financial products and services they offer through
partnership using only those advertisements and sales/recruiting materials that
at the time are approved by Creditaria.
·
I will not borrow money form a
client.
·
I will immediately notify
Creditaria of any criminal or civil matter (pending or otherwise) or regulatory
inquiry or proceeding in which I am involved.
·
I will immediately notify
Creditaria of any written client complaints, allegations of misconduct or
suspicious activity.
·
I understand the importance of
protecting the privacy of client information and will keep all record confidential.
·
I understand that while most of
the time I will be dealing with clients face-to-face, there will be times when
I will be communicating with clients via alternate means (telephone, e-meeting,
etc). I agree to comply with all applicable “Do Not Call” (“DNC”) laws whenever
communicating by telephone in my business.
·
As a member of the Creditaria
Financial Group Corp. sales force, I am an independent Associate, and not an
employee of Creditaria Financial Group Corp.
·
I understand that I am not
required to purchase any products or services to be member of Creditaria sales
force.
·
Inaccurate ir incomplete
information given in response to any Qualification Question or in any other
section of my registration as an Associate, will constitute a basis for
termination.
·
I will note engage in any
business or activity that would jeopardize my integrity, independence or
competence.
·
I will not offer any inducement
or use of coercion or undue influence, and I will not coerce or purpose,
directly or indirectly, a prospective client through the influence of a
professional or business relationship otherwise in order to control, direct or
secure business.
·
I will disclose in writing to a
client or prospective client, any conflict of interest or potential conflict of
interest that may be associated with a transaction or recommendation by having
the client sign an Advisor Disclosure Form.
I read and agree.
[input_name]
__________________________________________________________
Signature must be identical to your Legal
Name
(Typing name is equivalent to a handwritten
signature)
BACKGROUND
INVESTIGATION AUTHORIZATION
I hereby certify
that all information shown above is accurate, current and true. I am appointed
by Creditaria Financial Group Corp. any misstatement may result in the
termination of this agreement. If accepted, I agree to comply with the rules
and regulations outlined by Creditaria Financial Group Corp. and those
regulations applicable to the companies that I will be associated with.
I authorize, to
the fullest extent permitted by law that Creditaria Financial Group Corp.
communicate with individuals and organizations (including, but not limited to
former employers, business, personal references and credit inspections), to
verify my history and personal credentials, and to obtain other data that may
help verify my qualifications.
I consent that
the information provided above be used for commission purposes, income tax, and
background checks. It will not be distributed to any outside sources without my
consent.