BROKERS AGREEMENT

 

BROKERS AGREEMENT

THE PARTIES: This Agreement (“Agreement”) made on ______________________, 20____, is between ______________________(COMPANY)  with a mailing address of ______________________, City of ______________________, State of ______________________  and ______________________( BROKER) with a mailing address of ______________________, City of ______________________, State of ______________________ both of whom agree as follows:

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, (individually the “Party” and collectively “The Parties” to this agreement) agree as follow:

TERMS

  1. TERM OF AGREEMENT

The term of this agreement (the “Term”) will begin on the date on this agreement and will remain on full force and effect until the completion of the services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the parties.

 

  1. AUTHORITY TO ENTER AGREEMENT

Each Party warrants that the individuals who signed this Agreement have the actual legal power, right and authority to make this agreement and bind each respective Party.

 

  1. SCOPE OF WORK

Mobile Fox has partnered with a partner to sell their phone cases on a Dutch platform. The price list will be listed below, the price list will determine the commission. The partner will be paid a percentage of the sale price.

  1. COMPENSATION

For compensation, the broker will be paid _______% of the selling price of the phone cases. This is per the agreement of the parties.

  1. TERMINATION

During the course of this agreement, the company may terminate this Agreements if there is illegal activity, destruction of property or any other breach.

 

  1. DISPUTE RESOLUTION

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

 

  1. NOTICES

All notices under this Agreement shall be in writing and sent to the address of the recipient specified herein. Any such notice may be delivered by hand, by overnight courier, certified mail with return receipt, or first class pre-paid letter, and will be deemed to have been received (1) if delivered by hand – at the time of delivery; (2) if delivered by overnight courier – 24 hours after the date of delivery to courier with evidence from the courier; (3) if delivered by certified mail with return receipt – the date as verified on the return receipt; (4) if delivered by first class mail – three (3) business days after the date of mailing.

 

  1. FORCE MAJEURE

Neither party shall be liable for any failure to perform under this Agreement when such failure is due to causes beyond that party’s reasonable control, including, but not limited to, acts of State or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy.

 

  1. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.

 

  1. SEVERABILITY

If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

  1. GOVERNING LAW

Both parties agree to request and render services under this agreement in a professional manner and in compliance with all state and federal laws including the ethical principles of respective professional affiliations.

 

  1. AMENDMENT AND MODIFICATION

No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both parties

 

 

 

 

 

IN WITNESS WHEREOF, this Agreement was signed by the parties under the hands of their duly authorized officers and made effective as of the undersigned date.

COMPANY                                                                BROKER

 

 

By                                           Printed Name                        Date                Address                                               

By                                           Printed Name                        Date                Address