This is a legal agreement between you and PROLINC, LLC and its Agent Pronto division (collectively, “PROLINC”, “Agent Pronto”, “we”, “us”, or “our”). You hereby agree to the following:
Requirements for Participation
- You are of legal age and capable of forming a legally binding contract.
- All information you provide to us is accurate. Should it change in the future, you will update us immediately.
- You have a current and valid real estate license, are qualified to practice real estate, and will follow all applicable real estate laws.
- You will update us immediately regarding any changes to the status of your real estate license.
- You have appropriate insurance coverage for your real estate practice.
- You acknowledge that you have obtained your broker’s permission or any other permission required in order to use our services.
- You acknowledge that all real estate clients that you accept from us are referrals and are subject to this agreement.
- You are responsible for the real estate services provided to your clients and agree to indemnify, defend, and hold PROLINC harmless from any claims, costs, and damages incurred by PROLINC arising from claims by your clients regarding the services you have provided.
Payment of Referral Fee to PROLINC
- You agree to pay us a referral fee equal to a percentage of the gross referred-side commission received from real estate transactions involving referrals you accept through our services. This percentage will be specified for each individual referral prior to acceptance and is not negotiable unless otherwise specified, documented, and agreed upon by you and PROLINC.
- You agree that the gross referred-side commission is the amount received by your broker prior to any split of commission with agents or other brokers on the referred side of the transaction.
- You agree to pay the referral fee described above for all commissions received from real estate transactions involving a referral for a period of two years from the date you accept the referral.
- You agree that you will not refer a referral from our services to any other agent or broker for a period of two years from the date you accept the referral unless otherwise specified, documented, and agreed upon by you and PROLINC.
- If you move from one brokerage to another, you agree that you or your broker will assume responsibility of the referral fee described above for any commissions generated from real estate transactions with the referral at either brokerage.
- You agree that within five (5) business days prior to the closing of the referral’s transaction, you will complete all legal documentation necessary to facilitate the payment of the referral fee to PROLINC, including providing the closing agent and any other applicable parties with our invoice and other applicable documents.
- You agree to remit payment of the referral fee to PROLINC within fourteen (14) days of the closing of the referral’s transaction.
Payment of Referral Fee from PROLINC
- If you refer a client to us, we agree to pay you a referral fee of 25% of the receiving agent’s gross referred-side commission from a real estate transaction involving a referral that you submitted to us, unless otherwise specified, documented, and agreed upon by both parties.
- We will retain a referral fee of 10% of the gross referred-side commission from a real estate transaction involving a referral that you submitted to us, unless otherwise specified, documented, agreed upon by both parties.
- Referral fee payments are calculated on the receiving agent’s total gross referred-side commission prior to any payments to their real estate company, broker, or any other party.
- The referral fee described above will be paid for all commissions received by the receiving agent from real estate transactions involving a referral that you submitted to us for a period of two years from the date the receiving agent accepted the referral.
- In the event that we are for any reason unable to collect a referral fee based on the commission generated from a real estate transaction involving a referral that you submitted to us, you agree to waive your portion of the referral fee described above.
- You can choose to stop participating in our services at any time with written notice. We can also terminate this agreement and your participation at any time and without notice.
- Termination of your participation does not negate this agreement for any referrals you’ve already received from us. We are under no obligation to pay you a referral fee once your participation is terminated.
- This agreement does not establish any relationship of partnership, joint venture, employment, franchise, or agency between you and PROLINC.
- If you are found in violation of this agreement, your participation may be terminated and you will be legally responsible for breach of the terms outlined in this agreement.
- We reserve all rights in and to PROLINC and Agent Pronto and all related intellectual property not expressly granted under this Agreement. “PROLINC,” “AGENT PRONTO” and all associated logos displayed within our service are our trademarks (unless otherwise noted).
- PROLINC and Agent Pronto (including the underlying software), this agreement, and any other proprietary or confidential information provided to you is Confidential Information. You agree not to disclose our Confidential Information and agree to use our Confidential Information only as provided in this agreement.
- The laws of the State of Georgia, excluding its conflicts of law rules, govern this Agreement. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Cobb County, Georgia, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
- Except as expressly stated above, the PROLINC and Agent Pronto services are provided “AS IS” and “as available,” without warranty of any kind, and we hereby disclaim all other warranties and conditions, express, implied, or statutory.
Last updated March 11, 2019