FINDER'S FEE AGREEMENT

Transcription

1 FINDER'S FEE AGREEMENT Entered into and between Spreading Property Knowledge Radio TV and Print (Pty) Ltd (Registration Number: 2017/458461/07) (Hereinafter the Spreading Property Knowledge ) And (Identification Number: ) (hereinafter the The Finder ) FINDER INTRODUCED BY: Page 1 of 11 Spreading Property Knowledge Finders Contract C o p y r i g h t

2 INDEX Description Page 1. DEFINITION AND INTERPRETATION COMMENCEMENT AND DURATION OF THIS AGREEMENT THE FINDER S RIGHTS AND OBLIGATIONS SPREADING PROPERTY KNOWLEDGES RIGHT S AND OBLIGATIONS FINANCIAL PROVISIONS STATUS OF PARTIES INDEMNITY LIMITATION OF LIABILITY BREACH NOTICES AND DOMICILIA MISCELLANEOUS...9 Page 2 of 11 Spreading Property Knowledge Finders Contract C o p y r i g h t

3 1. DEFINITION AND INTERPRETATION 1.1 In this Agreement, the following expressions shall, unless otherwise stated or inconsistent with the context in which they appear, bear the following meanings and cognate expressions shall bear corresponding meanings: "Agreement": Shall mean this Finder's Fee Agreement as set out in this document, together with all the Annexes thereto, as amended from time to time; "SPK Fee": Shall mean any amount receivable by Spreading Property Knowledge (SPK) from a client(s) in identifying; real estate opportunities, business opportunities, marketing existing businesses, products & services "Business Day": Shall mean a day which is not a Saturday, Sunday or official public holiday in South Africa; Introduction Introduce : Shall mean the presentation of an opportunity by the finder s clients that result into a successful business transaction "Spreading Property Knowledge": Shall mean Spreading Property Knowledge Radio TV and Print (Pty) Ltd sometimes referred to as (SPK) "The Finder": Shall mean Identity Number a person who introduces Client(s) to Spreading Property Knowledge (SPK); "Finder's Fee": Shall mean the amount payable by Spreading Property Knowledge to the Finder, for referring a client in order to conclude various forms of agreements, see finder s fee structure in clause 5 of this Agreement; Landlord : Shall mean the owner of immoveable property who is seeking Tenant(s) to lease his/her/it s property; "Parties": Shall mean Spreading Property Knowledge (SPK) and the Finder, each individual shall be referred to as the "Party"; "Client": Shall mean an entity introduced by the Finder; a company, buyer, investor, seller, landlord, tenant, salesperson, entrepreneur, practice etc. Page 3 of 11 Spreading Property Knowledge Finders Contract C o p y r i g h t

4 "Sale": Shall mean selling of business, property, products and services; Seller : Shall mean the owner (or appointed representative) of immoveable property, moveable property, products & services Tenant : Shall mean an entity requiring leasing immoveable property from the Landlord Licensed Estate Agent" a licensed registered agent with the Board as such in accordance with the Estate Agency Affairs Act of 1976 (EAAB) Social Media Marketing shall mean the use of social networks and applications to spread brand awareness and promote particular products Products shall mean an idea, method, information, object or service created to serve a need or satisfy a want Sin Products shall mean products deemed harmful to society such as alcohol, tobacco, drugs, gambling and pornography Car dealership shall mean a car retail business that sells new and used cars such as Mercedes Benz Boksburg or Imperial Toyota Bedfordview etc Campus shall mean a meeting place for transferring product knowledge, conduct network sessions and have group discussion with other finders Office means 301 Corlett drive, Kew, Sandton, Hours 8h00-16h In this Agreement: References to a statutory provision include any subordinate legislation made from time to time under that provision and include that provision as modified or re-enacted from time to time; words importing the masculine gender include the feminine and neuter genders and vice versa, the singular includes the plural and vice versa, and natural persons include artificial persons and vice versa; references to a "person" include a natural person, company, close corporation or any other juristic person or other corporate entity, a charity, Page 4 of 11 Spreading Property Knowledge Finders Contract C o p y r i g h t

5 trust, partnership, joint venture, syndicate, or any other association of persons; if a definition imposes substantive rights and obligations on a Party, such rights and obligations shall be given effect to and shall be enforceable, notwithstanding that they are contained in a definition; any definition, wherever it appears in this Agreement, shall bear the same meaning and apply throughout this Agreement and the Annexe/s unless otherwise stated or inconsistent with the context in which it appears; where any number of days is prescribed, those days shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day which is not a Business Day, in which event the last day shall be the next succeeding Business Day; where the day upon or by which any act is required to be performed is not a Business Day, the Parties shall be deemed to have intended such act to be performed upon or by the next succeeding Business Day; any provision in this Agreement which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this Agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written (ie pro non scripto) and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction; the rule of construction that if general words or terms are used in association with specific words or terms which are a species of a particular genus or class, the meaning of the general words or terms shall be restricted to that same class (ie the eiusdem generis rule) shall not apply, and whenever the word "including" is used followed by specific examples, such examples shall not be interpreted so as to limit the meaning of any word or term to the same genus or class as the examples given; the use of any expression covering a process available under South African law (such as but not limited to a winding-up) shall, if any of the Parties is subject to the law of any other jurisdiction, be interpreted in relation to that Page 5 of 11 Spreading Property Knowledge Finders Contract C o p y r i g h t

6 Party as including any equivalent or analogous proceeding under the law of such other jurisdiction. 2. COMMENCEMENT AND DURATION OF THE AGREEMENT 2.1 This Agreement will commence on the date the last party to this Agreement, signs same, and will continue until such time that either Party terminates the Agreement, by providing the other Party with 30 (THIRTY) calendar days written notice of termination. 3. THE FINDER S RIGHTS AND OBLIGATIONS 3.1 The Finder s Rights: The Finder is awarded a non-exclusive right to Introduce possible Client s, The Finder is entitled to receive payment in accordance with clause The Finder s Obligations: is to introduce possible Clients. The introduction must be reduced in writing and sent to SPK; electronically via or other electronic media such as whatsapp, to the address or whatsapp number as indicated by SPK from time to time to like, give positive comment and share products marketed by SPK on social media introduced by other finders within SPK unless they are sin products Social media marketing is SPK product designed to fund campus operations and facilities management for learning, earning & training various subjects to register with EAAB (estate agency affairs board) in order to canvass properties as an estate agent and to provide real estate services to the public *The Finder shall not publicly advertise himself or herself as an estate agent thereby deceiving the public to be viewed as a registered estate agent *A license is not required if a finder is spotting properties for an investor or real estate agent then communicates his/her mandate clearly to the public. 4. SPREADING PROPERTY KNOWLEDGE S RIGHTS AND OBLIGATIONS Page 6 of 11 Spreading Property Knowledge Finders Contract C o p y r i g h t

7 4.1 Spreading Property Knowledge (SPK) exclusive rights: Is to receive Introduction fees from clients and then pay an agreed percentage to the Finder after deducting its fee and Recruiters fees 4.2 Spreading Property Knowledge Obligations is to: Assist the finder s client(s) and manage the business transaction introduced by the Finder Develop products to fund campus (es) for learning, earning and networking. 5. FINDERS FEE STRUCTURE AND SPK FEE 5.1 The Finder is entitled to receive once-off or monthly fee for successful introduction Product 1; Social Media marketing fee 20% of the total value of marketing sold Popular product R3, 000 times 20% equals to R600 Finder s fee Plus R200 (or 6.67%) fee, once-off, on all Finder s recruits 1 st sales Product 2; Real Estate Finder s fee percentages (%) will be as follows: ten (10) % of the total fee earned if the client introduced is a buyer or tenant twenty (20)% of the total fee earned if the client is a seller or landlord ten (10)% of the total fee earned from recruit s 1 st property listing (not stock referred by other agents) that sells, provided recruit registers as an agent. 5.4 Product 3; Africa business Radio marketing 10% of total marketing value sold for Radio sales over R10,000 which yields 10% fee greater than R1, less R200 (or 20%) fee,once-off, on all finder s recruits 1 st sales less 25% management & product development fee for every sale to SPK 5.5 Product 4; Car dealership client spotting fees varies from dealership to dealership for car sales which yields a spotting fee above R1, less R225 (or 15% of R1500 ) fee,once-off, on all finder s recruits 1 st sales Page 7 of 11 Spreading Property Knowledge Finders Contract C o p y r i g h t

8 5.5.3 less 25% management & product development fee for every sale to SPK 5.6 3,125 various products & services; pays different finder s fees contact office or visit blogs on products update Finder s Fee will be paid within 3 (Three) business days after payment has been received into SPK bank account; into the Finder s nominated bank account. 6. STATUS OF PARTIES It is recorded that, notwithstanding any provision to the contrary in this Agreement, the status of the Finder shall be that of an independent contractor, and nothing in this Agreement shall be construed as creating a partnership or a contract of employment between Spreading Property Knowledge and the Finder, and the Finder will not be, or deemed to be, an agent of Spreading Property Knowledge or hold itself out as having authority or power to bind Spreading Property Knowledge in any way. 7. INDEMNITY The Finder agrees to indemnify, defend and hold Spreading Property Knowledge harmless from any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorney s fees and expenses arising out of or relating to (i) any and all acts or omissions of the Finder and its officers, directors, shareholders, employees, and agents occurring prior to the signature date of this Agreement, (ii) any and all acts or omissions of the Finder and its officers, directors, shareholders, employees, and agents during the term of this Agreement, which are relied upon by Spreading Property Knowledge or which forms part of any Services that are rendered to Spreading Property Knowledge in terms of this Agreement. 8. LIMITATION OF LIABILITY Notwithstanding anything to the contrary contained in this Agreement, the Parties shall not be liable to each other for any indirect or consequential loss or damage, including without limitation, loss of profit, revenue, anticipated savings, business transactions or goodwill or other contracts whether arising from negligence or breach of contract. 9. BREACH Should any Party (defaulting party) commit a breach of any provision of this Agreement and fail to remedy such breach, or if the breach is not capable of remedy, failing to Page 8 of 11 Spreading Property Knowledge Finders Contract C o p y r i g h t

9 implement remedial action acceptable to the other Party, within 14 days of receiving a written notice from the other Party (aggrieved party) requiring the defaulting party to do so, the aggrieved party shall be entitled, in addition to its other remedies in law or in terms of this Agreement, to cancel this Agreement forthwith and without prejudice to its rights to claim damages. 10. NOTICES AND DOMICILIA 10.1 All notices and any other communications whatsoever (including, without limitation, any approval, consent, demand, query or request) by either Party in terms of this Agreement or relating to it shall be given in writing, and shall be sent by registered post, or delivered by hand, or transmitted by facsimile or electronic mail to the recipient Party at its relevant address set out below: if to the Finder at: Address: / Fax if to SPK at: Address: /Fax 10.2 Either Party may, by written notice to the other Party, change any of the addresses at which, or the designated person for whose attention those notices or other communications are to be given Any notice or other communication given by any Party to the other Party which is sent by registered post to the addressee at its specified address shall be rebuttably presumed to have been received by the addressee on the 7th (SEVENTH) day after the date of posting; or is delivered by hand during the normal business hours of the addressee at its specified address shall be rebuttably presumed to have been received by the addressee at the time of delivery; or If transmitted by be deemed to have been received by the addressee Page 9 of 11 Spreading Property Knowledge Finders Contract C o p y r i g h t

10 on the day following the date of dispatch, unless the contrary is proved 10.4 The Parties choose their respective physical addresses in clause 10.1 as their respective domicilia citandi et executandi at which all documents relating to any legal proceedings to which they are a party may be served. If that address is changed to another address which is not a physical address in the Republic of South Africa, then the original address shall remain the domicilium citandi et executandi of the relevant Party until it nominates a new physical address within the Republic of South Africa in writing, to be its new domicilium citandi et executandi. 11. MISCELLANEOUS 11.1 No provision of this Agreement may be amended, substituted or otherwise varied, and no provision may be added to or incorporated in this Agreement, except by an agreement in writing signed by the duly authorised representatives of the Parties Any relaxation, indulgence or delay (collectively referred to as Indulgence ) by either Party in exercising, or any failure by either Party to exercise, any right under this Agreement shall not be construed as a waiver of that right and shall not affect the ability of that Party subsequently to exercise that right or to pursue any remedy, nor shall any Indulgence constitute a waiver of any other right (whether against that Party or any other person) The waiver of any right under this Agreement shall be binding on the waiving Party only to the extent that the waiver has been reduced to writing and signed by the duly authorized representative(s) of the waiving Party This Agreement supersedes all prior agreements, representations, communications, negotiations and understandings between the Parties concerning the subject matter of this Agreement Whenever possible, each provision of this Agreement shall be interpreted in a manner which makes it effective and valid under applicable Law, but if any provision of this Agreement is held to be illegal, invalid or unenforceable under applicable Law, that illegality, invalidity or unenforceability shall not affect the other provisions of this Agreement, all of which shall remain in full force This Agreement may be executed in any number of identical counterparts, all of which when taken together shall constitute one agreement. Any single counterpart or a set of counterparts taken together which, in either case, are executed by the Page 10 of 11 Spreading Property Knowledge Finders Contract C o p y r i g h t

11 Parties shall constitute a full original of this Agreement for all purposes By entering into this Agreement, the Parties warrant that there are no impediments or restrictions to their doing so and that this Agreement does not violate the provisions of any Agreement between any of the Parties and any third party. Thus done and signed at...on this...day of As witnesses: For and on behalf of [THE FINDER by who warrants his/her authority hereto Thus done and signed at...on this...day of As witnesses: For and on behalf of [SPREADING KNOWLEDGE] by PROPERTY who warrants his/her authority hereto Page 11 of 11 Spreading Property Knowledge Finders Contract C o p y r i g h t