THIS AGREEMENT is made this ____ day of _________________, 2022, by and between
Realty One Group Magnum with business address at [Insert Address] (hereinafter referred to as
the “Company”), and [Insert Name of Associate-Licensee] of [Insert Associate-Licensee’s
Address] (hereinafter referred to as the “Associate-Licensee”) in the State of XXX. The
Company and the Associate-Licensee hereby agree as follows:

Article 1 – Associate Licensee/Independent Contractor Relationship

1.1. Associate-Licensee represents to Company that (s)he holds a valid and active salesperson
and/or broker’s license with the North Dakota Association of Realtors, bearing license
number ______________ (the “License) and shall keep his/her license current and in good
standing during the term of this Agreement.
1.2. Associate-Licensee hereby associates its license with Company, with Associate-Licensee
agreeing to act as an independent contractor to Company in accordance with the terms and
conditions set forth in this Agreement and listed in the Company’s Policies and Procedures
1.3. Associate-Licensee is an independent contractor, and neither Associate-Licensee nor
Associate-Licensee’s employees, agents, assistants or contract personnel are, or shall be
deemed, Company’s employees. Nothing in this Agreement shall be construed to grant
Associate-Licensee partnership or equity ownership rights, benefits or entitlements in
Company or any of its affiliates.
1.4. The services required by this Agreement shall be performed by the Associate-Licensee,
Associate-Licensee’s employees, or contract personnel, and Company shall not hire,
supervise, or pay any assistants to help Associate-Licensee. Please refer to the Policy Manual
for further information regarding assistants.
1.5. Neither Associate-Licensee nor Associate-Licensee’s employees or contract personnel
shall receive any training from Company in the professional skills necessary to perform the
services required by this Agreement.
1.6. All commissions for real estate, in accordance with federal anti-trust legislation, shall be
set only with regard to the principles of supply and demand in the marketplace. Associate-
Licensee shall have authority to negotiate his/her own commissions with brokerage clients.

Article 2 – Term of the Agreement

2. The term of this Agreement will begin on the date of this Agreement and will remain in full
force and effect until one Party to this Agreement sends notice to the other expressing their
wish to terminate this Agreement. Any Party may terminate this Agreement at any time in
writing. This Agreement shall also immediately and automatically terminate without notice
to Associate-Licensee, if Associate-Licensee breaches his/her obligations in this Agreement,
or if Associate-Licensee’s license expires, is restricted, suspended, or revoked.

Article 3 – Associate Licensee’s Duties and Obligations

3.1. Associate-Licensee shall be affiliated to the Minot Board of Realtors and maintain affiliation
with the North Dakota Association of Realtors and the National Association of Realtors.
Associate-Licensee shall pay all due fees and ensure his/her membership is in good standing with
the Minot Board of Realtors, North Dakota Association of Realtors and the National Association
of Realtors.
3.2. Associate-Licensee represents that he/she shall not perform any licensed real estate activities
without the appropriate license. In the event that Associate-Licensee has transferred his/her
license from another brokerage, Associate-Licensee agrees to update the Minot Board of
Realtors, North Dakota Association of Realtors and the National Association of Realtors within
48 hours.
3.3. Associate-Licensee retains discretion to utilize methods, techniques and procedures to be
used to conduct transactions and in carrying out his/her selling and soliciting activities.
3.4. Company shall not provide Associate-Licensee with any equipment, materials, resources or
supplies necessary to perform services under this Agreement except standardized forms
necessary for the conduct of Company’s operations.
3.5. Associate-Licensee shall pay all due costs necessary to conduct his/her business, including
but not limited to, all taxes, insurance premiums, worker’s compensation insurance, federal and
state tax withholding, MLS fees, postage, business cards, signs, lockboxes and advertising.
Associate-Licensee agrees that he/she shall not bind Company to any obligation, contract,
agreement, cost or expense.

3.6. Associate-Licensee shall comply with all federal, state and local laws and apply the standard
of care, skill and judgement exercised by highly qualified members of Associate-Licensee’s
3.7. Associate-Licensee expressly agrees that any third-party agreements that materially affect
the conduct of his/her business may be subject to scrutiny of any governing agency, including the
Marketing Service Agreement must be approved by his/her Designated Broker.
3.8. In the event of any potential dispute, claim or lawsuit to which Associate-Licensee may be a
party, he/she shall inform the Company’s Designated Broker, Chief Operating Officer and/or the
legal department in writing. Company reserves the right to hold Associate-Licensee’s
commission or request Associate-Licensee to refund commission if already paid. Upon
resolution of the dispute, claim or lawsuit, Company shall determine commission funds and
release them to Associate-Licensee.
3.9. In the event of a dispute regarding Associate-Licensee’s commission, Company shall not
initiate an action or pay any attorney fees or other costs to collect the commission. In the event
that Company allows a commission action, Associate-Licensee shall advance all attorney fees
and costs. Company shall cooperate with collection of disputed commissions unless it places
Company in jeopardy. Such determination shall be made by Company.
3.10. Associate-Licensee agrees to indemnify and hold harmless and defend Company, its
member(s), officers and employees from and against all claims, liens, actions, orders,
defects, diminution, misappropriation of funds, infringement, disabilities, liabilities, violations
of law, penalties, fines, forfeitures and suits by third parties for damages, injuries to
persons, property damages, losses, and expenses including court costs and reasonable
attorney’s fees, arising out of, or resulting from, Associate-Licensee’s performance under
this Agreement, including all such causes of action based upon common, constitutional, or
statutory law, or based in whole or in part, upon allegations of negligent or intentional acts
on the part of Associate-Licensee, his/her officers, employees, agents, subcontractors,
licensees, or invitees. Associate-Licensee’s failure to pay attorney fees and costs in a timely
manner may lead to termination of the commission action by Company.
3.11. In the event a dispute arises between the Contractor and other Associate Licensees, they
agree to attend internal mediation session(s) with a panel of company managers and/or peers of
the company’s choosing. All internal transactions should have written agreements. If no such
agreement exists, the company’s designated broker will withhold the compensation until a

determination is made in the dispute by the designated broker or subsequent panel. The results
shall be final and binding. No other dispute resolution method will be allowed.
3.12. Associate-Licensee agree to notify Company in writing within 10 days of a criminal
conviction, or an adverse judgment or disciplinary action against Associate-Licensee.

Article 4 – Supervision

4.1. Pursuant to Section 4.1 of the Policy and Procedures Manual, Associate-Licensee agrees that
the following documentation associated with Associate-Licensee’s activities and transactions
through Company shall be uploaded into Company’s intranet within 72 hours of receipt of each
fully executed document: (i) all documents which may have a material effect upon the rights and
duties of principals in a transaction; (ii) any documents or other items connected with a
transaction pursuant to this Agreement in the possession of or available to Associate-Licensee;
and (iii) all documents associated with any real estate transaction in which Associate-Licensee is
a principal. Failure to meet the 72-hour requirement may result in Associate-Licensee’s
commission check being delayed and/or mandate the use of Company’s in-house
transaction coordination service for an additional fee which shall be deducted from
Associate-Licensee’s commission.

Article 5 – Consideration

5.1. Associate-Licensee’s compensation and fees are set forth in Addendum A to this Agreement,
which forms part of this Agreement and which shall be executed by Associate-Licensee.

Article 6 – Waiver and Severability

6.1. Should any provision of this Agreement be determined to be void, invalid, unenforceable or
illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the
remaining provisions of this Agreement shall be unaffected thereby and continue to be valid and

Article 7 – Authority

7.1. Company represents and warrants that the undersigned has the authority to act on behalf of
Company and to bind Company and all who may claim through it to the terms and conditions of
this Agreement. Associate-Licensee represents and warrants that he/she has the capacity to act on
his/her own behalf and on behalf of all who might claim through him/her to bind them to the
terms and conditions of this Agreement.

Article 8 – Attorney Fees and Costs

8.1. If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and
necessary disbursements in addition to any other relief to which such party may be entitled.

Article 9 – Governing Law

9.1. This Agreement shall be governed by and construed in accordance with the domestic laws of
the State of North XXX without giving effect to any choice or conflict of law provision or rule
that would cause the application of the laws of any jurisdiction other than the State of North

Article 10 – Dispute Resolution

10.1. All parties to this Agreement, by entering into it, are giving up their right to have any
controversy or claim arising out of or relating to this Agreement decided in a court of law
before a jury, and instead, are accepting the use of arbitration. The Contractor may wish to
seek outside advice of counsel concerning this procedure.
10.2. In rendering the award, the arbitrator shall determine the rights of the parties per the
substantive laws of the State of North XXX

10.3. The arbitration proceedings shall be administered by Judicial Administration &
Mediation Services, Inc. (JAMS) in accordance with their existing streamline rules of
practice and procedure. Arbitration proceedings may be reviewed through a judicial

Article 11 – Assignment

11.1. Associate-Licensee agrees not to sell, assign, or transfer any of his/her rights, duties, or
obligations under this Agreement without the prior written consent of Company. Such consent
shall not be unreasonably withheld. In the event of any assignment, Associate-Licensee remains
responsible for performance of the Agreement, unless such responsibility is expressly waived by
Company. Company can assign its rights and obligations under this Agreement without the
consent of Associate-Licensee.

Article 12 – Survival

12.1. The obligations, representations, warranties, releases, waivers and indemnities of
Associate-Licensee which are required or intended to be performed after expiration or
termination of this Agreement shall survive expiration or termination of this Agreement until the
applicable statute of limitations expires or such obligations are performed in full. Such survival
shall not be deemed to be a waiver by Company or any right or remedy of Company and shall
not be deemed to be an extension of time for Associate-Licensee to satisfy a condition or fulfil
an obligation.

Article 13 – Remedies

13.1 Every right, privilege or remedy accorded Company in this Agreement arising out of
Associate-Licensee’s failure to perform his/her obligations shall be separate, distinct and
cumulative, and shall be in addition to every other right, privilege or remedy available to
Company at the time. Company’s exercise of a right, privilege or remedy shall not be deemed a
waiver of other rights, privileges or remedies.

Article 14 – Notices

14.1. Associate-Licensee agrees to abide by future changes to this Agreement or Policies
distributed by email, Company website, intranet or other form of writing. The changes shall take
effect as stated in the notice and when sent to Associate-Licensee. Such amendment shall occur,
even without the signatures of the parties. Associate-Licensee agrees to abide by such future
changes and be bound by such future amendments.

Article 15 – Company Policy and Procedures Manual

15.1. In case of conflict between the provisions of Company Policy and Procedures Manual and
this Agreement, provisions of Company Policy and Procedures Manual shall prevail.

Article 16 – Entire Agreement

16.1. This Agreement and the Company Policy and Procedures Manual contain the entire
agreement and understanding between the Parties hereto with respect to the subject matter
hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements
and conditions, express or implied, oral or written, of any nature whatsoever with respect to the
subject matter hereof. The express terms hereof control and supersede any course of performance
and/or usage of the trade inconsistent with any of the terms hereof.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and
seal on this ____ day of ____________, 2022.

Name of Realty One Magnum’s Representative:
Signature: ___________________________________

Name of Associate-Licensee:
Signature: ___________________________________

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