Affiliate Agreement by WillyWoodcock

VIEWS: 120 PAGES: 6

									             Law Offices Of Ted A. Greene, Inc
____________________________________________________________________

                        AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this ___ day of ________, 20__, by and between Law Offices Of Ted
A. Greene, Inc. (“LOTAG”) with its principal address at 331 J Street Suite 100 Sacramento, California
95814 and ___________________________________________________________(“Principal”) with its
principal address at___________________________________________________________________.


Whereas, Law Offices Of Ted A. Greene, Inc. (LOTAG) is engaged in business of providing Loan
Modification processing; and

Whereas, Principal has agreed to contract with LOTAG to perform such services under the terms hereafter set
forth;

Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is here acknowledge,
the parties agree as follows:

Services to be performed by LOTAG:

   A. Perform preliminary Loan Modification pre-qualifications of principal’s submitted requests/applications.
   B. Upon Submission of the complete Loan Modification Package, as per LOTAG submission check list
       provided, LOTAG agrees to promptly and diligently conduct the following:

               1. Contact Lender(s)
               2. Income Analysis and Processing
               3. Modification Proposal to the Lender(s)
               4. Contact the Lender(s) to discuss the Loan Modification proposal(s) and package of
                  supporting documents
               5. Communicate regularly with the Lender(s) to attempt and process more favorable, loan terms
                  on behalf of principal’s Applicant

Scope and Completion of services: LOTAG will use its reasonable best effort to perform the above stated
services (without limitation) for and on the behalf of Principal’s Applicants. It is understood by the parties that
the list above is not exhaustive, and that not all of the services listed above may be relevant to the Principal’s
Applicant’s loan(s) on the subject property. The services are preformed without any warranty whatsoever,
except for LOTAG’s contractual commitments herein. EXCEPT AS PROVIDED ABOVE, LOTAG
EXPRESSLY DISCLAIMS ANY GUARANTY OR WARRANTY, EXPRESSED OR IMPLIED, WITH
RESPECT TO THE RESULTS OF THE SERVICES.


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Responsibilities and Obligations of Principal:



   A. The Principal agrees to furnish LOTAG, upon submission, with accurate information, completed forms
      and any documents that will be required by LOTAG and the Lender(s) to access the Applicant’s
      financial status, including (without limitation) the following:



              1. Financial Snapshot
              2. Authorization to obtain Applicant’s information from Lender(s)
              3. Hardship Letter in Applicant’s Handwriting
              4. Documentation of all living expenses – Debt Sheet
              5. Signed 4506-T form
              6. Mortgage Statements
              7. All relevant correspondence the Applicant may receive from the Lender(s) of record
              8. Paystubs – One full month (most recent)
              9. Profit and Loss Statement
              10. W-2 forms, 1099 forms and Tax returns – past 2 years
              11. Verification of any other income, benefit award letters, retirement statements, pension benefit
                  statements, annuity statements child support/alimony
              12. Bank Statements – past 90 days – most recent and all pages
              13. Property Tax bill
              14. Homeowners Insurance Statement
              15. Copy of utility bill

   B. Principal agrees to provide any required additional information or documentation in an expedient
      manner.
   C. Principal is required to do its due diligence to determine and COMPLY with the laws of the state where
      any Loan Modification product is sold by Principal.
   D. Principal expressly represents and warrants to LOTAG that the Principal will at all times provide
      LOTAG with the information that is complete and accurate and true to the best of their knowledge.

Compensation for Services Rendered: The Principal agrees to pay to LOTAG on the date of submission of
the Loan Modification request according to the following schedule:



       Processing Fees:

       Loan Modification 1st Loan________________________$895.00 upon document submittal

       Loan Modification with a 1st and 2nd Loans____________$995.00 upon document submittal

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Said fees are due and payable to LOTAG within 5 business days of submission of the Loan Modification
request.




OTHER TERMS AND CONDITIONS:

   A. At NO TIME shall Principal, its agents, employees, or otherwise, represent and/or claim to the
      homeowner that a legal service or relationship is being sold or established. Principal shall use THEIR
      OWN COMPANY AGREEMENT with the client displaying their company name.
   B. LOTAG’s staff reviews homeowner candidate documentation to develop workout strategy and
      determine if the case will be accepted by LOTAG for representation. LOTAG has the right to accept or
      decline the Principal’s Applicants case and communicate this to the Principal.
   C. If LOTAG accepts the case, the Principal must make payment directly to LOTAG at time of submission.
      Principal may charge any amount above the fee required by the fee schedule above. PRINCIPAL’S fee
      will be billed and collected in the PRINCIPAL’S name from the applicant. PRINCIPAL will then send
      LOTAG their payment for their processing services.
   D. LOTAG will negotiate on behalf of the homeowner with the lender/servicer to achieve the best results.
      The process can take from 4 weeks to 16 weeks depending on the details of each case. All contacts from
      lender/servicer to homeowner and/or Principal will be promptly referred to LOTAG.

Refunds. All fees are non-refundable. It is agreed that LOTAG incurs substantial expenses in the preparation
of, and the expenditure of material and human resources upon the acceptance of each file from the Principal and
that the service fees are earned upon the commencement of its services. Should Principal or LOTAG be
required by any government entity to refund any fees Principal collected from any applicant(s), and Principal
decides to refund fees to Applicant, (for any reason), Principal is responsible to pay full amount or any refund.
Principal shall indemnify and hold LOTAG harmless from any requirement that LOTAG refund any service fee.

Hold Harmless. The Principal agrees to indemnify and hold LOTAG harmless for any actual or considered
damage or loss that the Principal or their client may incur in connection with this transaction and waives all
rights and claims to injunctive relief against LOTAG.

Confidentiality. Principal and LOTAG acknowledge and agree that all financial and accounting records, lists of
property owned by LOTAG or Principal, including amounts paid therefore, client and customer lists, and other
data and information related to its businesses (hereinafter collectively "Confidential Information") are valuable
assets of LOTAG and or the Principal. LOTAG and Principal shall not, during the term of this Agreement or
after the termination of this Agreement, disclose any Confidential Information to any person or use any
Confidential Information for the benefit of either party or any other person, except with the prior written
consent of LOTAG or Principal. Confidential Information may be disclosed to the extent required in the course
of inquiries by federal or state regulatory agencies to whose jurisdiction Principal is subject and that have the
legal right to inspect the files that contain the Confidential Information and Principal will advise LOTAG
promptly upon such disclosure.


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Non-Circumvent By Principal’s Employees or Agents. LOTAG warrants that it will protect its Principals by
not appointing as a new Principal, any employee or agent of a current Principal relationship. It is the Principal’s
responsibility to keep an updated list of its employees and agents on file with LOTAG to be referenced prior to
any new appointments.



Termination at Will. This Agreement may be terminated by LOTAG immediately, at will, and in the sole
discretion of LOTAG. The Principal may terminate this Agreement upon 30 days written notice to LOTAG.
This Agreement also may be terminated at any time upon the mutual written agreement of LOTAG and the
Principal.

Exclusive Agent Agreement. If during the period of this agreement the loan modification is consummated
other than through the efforts of LOTAG, but rather through the efforts of other agents, or of anyone else,
compensation shall be paid to LOTAG as set forth in this agreement regardless of whether the modification was
successfully executed.

Severability. Should any part of this Agreement for any reason be declared invalid, such decision shall not
affect the validity of any remaining provisions, which remaining provisions shall remain in full force and effect
as if this Agreement had been executed with the invalid portion thereof eliminated, and it is hereby declared the
intention of the parties that they would have executed the remaining portion of this Agreement without
including any such part, parts, or portions which may, for any reason, be hereafter declared invalid. Any
provision shall nevertheless remain in full force and effect in all other circumstances.

Modification and Waiver. Waiver of breach of this Agreement by either part shall not be considered a waiver
of any other subsequent breach.

Independent Contractor. The parties agree that LOTAG is an independent contractor in the performance of
the services. Nothing herein or in the performance hereof shall imply a joint venture, principal and agent,
employment or franchise relationship between the Parties. Neither party shall have any right, power or
authority to create obligation’s, expressed or implied, on behalf of the other.

Disputes. LOTAG and Principal recognize that disputes arising under this Agreement are best resolved at the
working level by the parties directly involved. Failing resolution of conflicts at the organizational level,
LOTAG and Principal agree that any remaining conflicts arising out of or relating to this Agreement shall be
submitted to non-binding mediation unless LOTAG and Principal mutually agree otherwise. If the dispute is not
resolved through non-binding mediation, then the parties may take other appropriate action subject to the other
terms of this Agreement.

Section Headings. Title and headings of sections of this Agreement are for convenience of reference only and
shall not affect the construction of any provision of this Agreement.

Governing Law and Construction. This Agreement will be governed by and construed in accordance with the
laws of California, without regard to the principles of conflicts of law. The language of this Agreement shall be
deemed to be the result of negotiation among the parties and shall not be construed strictly for or against any
party.


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Entire Agreement; Survival. This Agreement, states the entire Agreement between the parties and supersedes
all previous contracts, proposals, oral or written, and all other communications between the parties respecting
the subject matter hereof, and supersedes any and all prior understandings, representations, warranties,
agreements or contracts (whether oral or written) between Principal and LOTAG respecting the subject matter
hereof. This Agreement may only be amended by an agreement in writing executed by the parties hereto.

Use By Third Parties. Work performed by LOTAG pursuant to this Agreement is only for the purpose
intended and may be misleading if used in another context. Principal agrees not to use any documents produced
under this Agreement for anything other than the intended purpose without LOTAG 's written permission. This
Agreement shall, therefore, not create any rights or benefits to parties other than to Principal and LOTAG.

Force Majeure. LOTAG shall not be responsible for delays or failures (including any delay by LOTAG to
make progress in the prosecution of any Services) if such delay arises out of causes beyond its control. Such
causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, riots,
quarantine restrictions, strikes, freight embargoes, earthquakes, electrical outages, computer or communications
failures, and severe weather, and acts or omissions of subcontractors or third parties.

Acknowledgement and Representation. Principal has read, understands, and agrees with all the terms and
conditions stated above in this Agreement.


IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above
written.


Law Offices Of Ted A. Greene, Inc.:                                 Principal:



______________________________                                       _______________________________

Ted A. Greene                                                        Print Name and Title


______________________________                                       _______________________________
Signature                                                            Signature




                                                                                                        Page 5 of 6
             Law Offices Of Ted A. Greene, Inc.
____________________________________________________________________

             NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING AGREEMENT

This Agreement is entered on this _____ day of ________, 20____, between Law Offices Of Ted A. Greene,
Inc. (“LOTAG”) and ____________________________________ (“Principal”). Together, LOTAG and the
Principal shall be referred to as “The Parties”.

In Consideration of mutual promises, assertions and covenants herein stated, and other good and valuable
considerations, the receipt of which is hereby agree to the following terms and conditions:

PARTIES to this agreement will refrain from soliciting business and contracts from source not their own which
have been made available to them through this agreement, without the express permission of the party who
made the original introduction, for a period of 5 years. Such sources include but are not limited to the identities,
names and telephone numbers of suppliers, investors, borrowers, lenders, agents, brokers, banks, lending
corporations, individuals and/or trusts, buyers and sellers, names of any websites, contracts, sales channels,
sales methods, sales scripts, and Principals contracts and forms. In addition, all parties to this agreement,
including Signatories, Affiliates, Subsidiaries, Partners, and Agents will maintain complete confidentiality
regarding business sources, and will only disclose such business under mutual agreement and only after written
permission has been received from the originator of the source.


This agreement is enforceable in the United States of America court of law. Signatories to this agreement
hereby acknowledge that they have read and understand the term of this Agreement, and acknowledge having
full legal authority to execute the document in the name of the party for which they have given their signature.
It is further agreed that faxed copies if this instrument are deemed as legally binding as the original.

Date: ____/____/_____                                           Signature: _______________________

Principal: _________________                                    Print Name: ______________________


                                      Law Offices Of Ted A. Greene, Inc.
                                       331 J Street Suite 100 Sacramento Ca 95814




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