MEXICO MORTGAGE HUB AGENT AGREEMENT.
This agent agreement
is entered this 01 day of January
2025 (this “Agreement”) BETWEEN:
CREDITARIA FINANCIAL
(hereinafter referred to as “Creditaria”
-and-
[username] a
Canadian, american or mexico citizen,
resident in the city of:
[city]. (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:
- 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”).
- APPLICABLE BUSINESS. The Agreement shall govern all business that the Associate
places with Creditaria from any province
in Canada, Mexico 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.
- CERTIFICACION. The 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.
- TRAINING AND ONE-TIME FEE. Creditaria
will provide the associate with training and access to Creditaria´s CRM system and the lender´s
origination system, if applicable. The associate will pay 249.90 CAD (two hundred and forty-nine 90/100 Canadian Dollars)
as a one-time fee to cover all administrative expenses for training
and setting up as a new agent.
- 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.
- 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. Updated
commission chart is attached to the present agreement. 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. 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.
- 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 than established by Creditaria, such period shall apply
and the Associate shall comply with same. While an investigation is pending, or
otherwise, holds placed by Creditaria or by a lender 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.
- ADVERTISING APPROVAL. The Associate
shall submit to Creditaria for prior approval in writing 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- NON COMPETITION. During the term of this
Agreement and for a period of twenty-four (24) months following its
termination, the Associate shall not directly or indirectly engage in any business transactions, negotiations, or agreements with lenders introduced to the Associate by Creditaria without prior written
consent from Creditaria. Creditaria reserves the right to pursue
legal remedies, including
injunctive relief and compensation for damages resulting from breach.
- NO CONFLICT OBLIGATION.
- 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.
- Covenants. The Associate hereby
covenants and agrees that, in provision of the Services:
- The Associate shall not provide
to Creditaria or use any trade secrets, confidential information or other proprietary information of any third party;
and,
- The Associate shall not infringe on the intellectual property rights of any third party; and,
- The Associate shall not breach any legal obligation owing to any third party.
- 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.
- TERM and TERMINATION:
- 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).
- 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:
- A party’s indictment or conviction of any felony,
fraud, or any crime under the
Criminal Code of Canada, Mexico or the United States.
- The intentional misappropriation by a party
of funds, or property of another
party, or funds or property of any client.
- 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.
- Loss of any licenses
required by the Associate under
this Agreement, for any
reason.
- 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:
- Violation of Creditaria’s policies
and procedures.
- Violation of the Creditaria’s Business Standards, enclosed
with this Agreement.
- EFFECT OF TERMINATION. Upon termination of this Agreement for any reason
whatsoever, the Associate and
Creditaria hereby agree that:
- Creditaria will no longer
accept any new business or contracting from the Associate.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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) . All notices to Creditaria from the Associate shall be addressed
to Creditaria’s registered head office address.
- ADITIONAL TERMS.
- 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.
- 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.
- Any failure by either
party to enforce
any provision of this Agreement
shall not constitute a waiver
of any provisions of this Agreement
- 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.
I read and agree.
_________________________________
Shane Arthur Deckert
__________________________________________
Creditaria
Financial
Benjamin Monroy
Zanatta
CREDITARIA FINANCIAL. 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. sales force, I am an independent Associate, and not an
employee of Creditaria Financial.
- I understand that I am not required to purchase any products or services to be member of
Creditaria sales force.
- Inaccurate or 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 not conduct
business or send deals to the lenders
provided by Creditaria Financial under my
personal name, my agency, or any other broker agency without written consent
from Creditaria Financial.
- 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.
BACKGROUND INVESTIGATION AUTHORIZATION
I hereby certify that all information shown above is accurate, current and true. I am appointed by Creditaria Financial 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. 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. 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.
Commission chart.
Updated to January
2025
Mexican Lenders
Lender
Financiera Inteligente SOFOM (Kredi)
Tu
casa Express (Hipotecaria 1)
Bienes Programados (HIR)
YAVE Smart Lending (Yave)
Commission based
on the mortgage amount
1%
1%
1%
1%
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.
I read and agree.
_________________________________________________________
[input_name]
___________________________________________
Creditaria
Financial
Benjamin Monroy Zanatta