This agreement is made between Omigoe Inc, hereinafter referred to as “Seller” and hereinafter referred to as “Agent”. The purpose of this agreement is to set forth in writing the understanding, which has been reached between the Seller and the Agent.
1. The Seller hereby appoints Agent to act as non-exclusive sales agent for Seller’s Rental Surety Bond as described on the attached Schedule A, and hereinafter referred to as “HelloRented Bond”. Agent will be the exclusive Agent for listed HelloRented Bond only with regards to a Tenant introduced and identified by Agent and for a property marketed by Agent.
2. Agent agrees to actively sell the HelloRented Bond in a non-exclusive Agent capacity.
3. This agreement shall commence on the date of execution and shall continue for a period of three hundred and sixty (360) days and may be extended by mutual agreement.
4. Seller agrees to pay Agent an Agent fee if a HelloRented Bond is provided during the term of this agreement for a property marketed by Agent to a tenant introduced by the Agent. The amount of the Agent fee shall be determined by using the fee schedule found on Schedule B.
5. Seller agrees that all Agent fees will be deemed earned and payable at the time of completion of the sale. A completed sale is defined as the presentation and signed acceptance of a completed HelloRented Bond (as described in Schedule A) to the landlord of the property marketed by Agent, and the subsequent signing and acceptance of the leasehold agreement between said landlord and tenant.
6. Agent shall be an independent contractor, and Seller shall not be liable for any expenses, fees, charges or costs of Agent in connection with its performance hereunder, except for out-of-pocket expenses which may be incurred in connection with any projects which Agent may undertake at Seller’s specific request in writing. Agent agrees to indemnify and hold Seller harmless from any claims of third parties based upon or arising out of Agent’s performance hereunder. Agent will not be an employee or agent of Seller or any of its affiliates and will not be entitled to any benefits under any plans or programs of Seller or any of its affiliates. Agent shall not have the authority to bind or commit Seller to any agreement or obligation whatsoever.
7. By executing this Agreement, Agent agrees that no part of Agent fee paid would in any manner whatsoever be shared, passed on or granted directly or indirectly to any customer, Tenant, agent, or intermediary acting on behalf or under the control of any customer to whom merchandise was sold, other than as part of a commercial agreement that was disclosed to and approved by Seller in writing prior to the fee having been earned.
8. Payment of Agent will be computed on transactions in the calendar month and made after the closing thereof.
9. Nothing contained herein shall obligate Seller to negotiate or close any sale opportunity presented by Agent.
10. This Agreement sets forth the entire understanding and agreement of the parties as to the subject matter of this Agreement. It may be changed only by written amendment signed by the parties.
11. Agent agrees that all Proprietary Information, designs and patents, trademarks, copyrights and other intellectual property and ownership rights in connection with the HelloRented Bond and related material shall be the property solely of the Seller.
12. The Agent's appointment may be terminated with 30 days written notice by either the Agent or the Seller.
This agreement shall be governed and construed in accordance with the laws of the State of New York. It is also understood and agreed that this agreement shall be binding upon and accrue to the benefit of the successor’s and the assigns of the respective parties hereto, which shall include any parent corporation or subsidiaries or affiliates of the parties to this agreement, including joint ventures or limited partnerships to which either party is a part.
Any or all of the items listed below may be withdrawn at any time upon 30-days written notice by either Agent or Seller.
This is a surety bond for residential property issued by a registered and licensed insurance carrier that has a formal partnership agreement with Omigoe Inc. The surety bonds will be written on a case by case basis on behalf of tenants that have been approved (hereinafter referred to as “Approved Tenants") by the underwriting team at Omigoe Inc. and the insurance carrier. They will be submitted to the landlords of properties that require the additional security as a condition of renting their properties to Approved Tenants introduced by agents and property managers to Omigoe Inc.
The Agent fee shall be 15% of the proceeds of issuing a HelloRented Bond to a landlord on behalf of a tenant introduced by Agent to Omigoe Inc. for a specific property marketed by Agent. The proceeds of issuing a bond are typically between 5% and 8% of the annual rental of a property. This fee shall be subject to review and will be updated by mutual agreement.