Agent Agreement

This is a legal agreement (“Agreement”) between you and Agent Pronto, LLC, its PROLINC division, and its subsidiary Agent Pronto Canada Ltd. (collectively, “Agent Pronto”, “PROLINC”, “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 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. If an accepted referral reached out on behalf of another individual, including but not limited to a family member, business associate, friend, neighbor, etc., this Agreement applies to the individual consummating any subsequent real estate transaction. If a referral is a client you were actively working with at the time of acceptance from us and you wish to dispute the applicability of this Agreement, you must notify us within 48 hours of acceptance and provide acceptable supporting documentation. Any final determination of applicability of this Agreement will be at our sole discretion.
• You are responsible for the real estate services provided to your clients and agree to indemnify, defend, and hold Agent Pronto harmless from any claims, costs, and damages incurred by Agent Pronto arising from claims by your clients regarding the services you have provided.
• You agree to our Terms of Use and Privacy Policy.

Payment of Referral Fee to Agent Pronto

• 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 Agent Pronto.
• 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 three years from the date you accept the referral.
• You agree that referrals are not transferable to any other agent or broker. In the event that a referral is transferred or referred, you will be required to pay the equivalent of the referral fee associated with any transactions for a period of three years from the date you accept the referral.
• 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 Agent Pronto, 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 Agent Pronto within fourteen (14) days of the closing of the referral’s transaction.

Payment of Referral Fee from Agent Pronto

• If you refer a client to us, we agree to pay your brokerage or broker 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, and 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, brokerage, 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 brokerage’s portion of the referral fee described above.

Terms

• 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 if you are found in violation of this Agreement and your participation is terminated.
• This Agreement does not establish any relationship of partnership, joint venture, employment, franchise, or agency between you and Agent Pronto.
• 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.
• This Agreement may be assigned by Agent Pronto without your consent and all rights and obligations of Agent Pronto shall, from the date of assignment, belong to Agent Pronto’s assignee. Assignment shall not relieve you of any of your rights or obligations under this Agreement. You may not assign this Agreement without the express written consent of Agent Pronto. This provision applies retroactively and covers all rights and obligations existing under this Agreement and any previous Agreements between you and Agent Pronto.
• We reserve all rights in and to Agent Pronto, Agent Pronto Canada, and PROLINC and all related intellectual property not expressly granted under this Agreement. “AGENT PRONTO,” “PROLINC” and all associated logos displayed within our service are our trademarks (unless otherwise noted).
• Agent Pronto and PROLINC (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.
• All parties agree to expressly waive their rights to mandatory arbitration and mediation under the Code of Ethics and Standards of Practice of the National Association of REALTORS®. Furthermore, all parties agree that 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 Agent Pronto and PROLINC 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 9, 2023