This is a very through finder agreement for companies that need to compensate the finder raising cash, stock or opportunities. A professional template for a broker/finder to secure their understanding of payment and compensation. Cash Stock Expenses All covered. This is perfect for first time transactions. Very level and fair, a nice trust building document.
FINDER’S FEE OF AGREEMENT (NON-EXCLUSIVE) Date: ______________ Mr. John Doe Need Money Corp. 123 Main Ave. Equity, CA 00000 Dear Mr. Roberts: RE: Introduction of party or parties interested in providing funding to Need Money Corp. I. PURPOSE This Letter of Agreement shall serve as the understanding between Need Money Corp located at 123 Ave., Equity, CA 00000 (hereinafter referred to as “NMC” and/or the “Company”) and Get Money Inc. located at Summer, CA 00000 (hereinafter referred to as “Finder”), also referred to collectively herein as "the Parties." II. STATEMENTS OF UNDERSTANDING NMC currently requires equity and/or debt financing for working capital, acquisition of assets and to accomplish its business plan. Further, NMC is seeking introductions to parties that can fund, or that can facilitate funding NMC’s capital requirements. NMC is desirous of engaging Finder to introduce interested parties to facilitate funding on behalf of NMC, in return for cash and/or other compensation as specified herein. Finder believes it has numerous financial contacts, and may identify additional contacts in the future, to which Finder intends to introduce NMC’s investment story and its financing requirements. Finder is desirous of making these financial contact(s) known to NMC to facilitate financing in return for cash and/or other compensation as specified herein. III. SERVICES TO BE RENDERED BY FINDER The following shall be considered the description of services (henceforth referred to as “Services” or “the Services”) to be performed by Finder on a “best efforts” and non-exclusive basis, under the terms and conditions of this Agreement. A.) Equity and/or Debt Financing. Finder has and shall identify prospective sources of equity and/or debt financing, including potential underwriters for a public offering of the Company’s stock, initiate contact with them and introduce management to source principals. IV. CONSIDERATION TO FINDER Need Money Corp. Finder’s Fee Agreement (Non-Exclusive) Page 2 The following are the various considerations to Finder, and/or Assigns, which correspond to the Services rendered as described in Section III above: A.) Lump Sum Advisory Fee. In the event any equity or debt financing transaction, public or private in nature, is consummated between NMC and a Funding Party introduced to NMC through or by Finder, over a period of time extending two (02) years from the date of introduction, then NMC shall pay to Finder, and/or Assigns, cash consideration in U.S. Dollars in an amount equal to Six Percent (6%) of the “Total Financing” received by NMC through an equity or convertible funding, and Three Percent (3%) of the Total Financing received by NMC for a non-convertible debt funding. The above-described fees shall be paid to Finder, and/or Assigns, directly from escrow at the time of closing of any financing transaction with NMC where Finder had introduced the Funding Party to NMC, either directly or indirectly, and such funding party provided financing for NMC. “Funding Party,” as referred to herein shall be defined to include without limitation, a lender, an individual investor, investment or merchant bank, or an investment fund introduced by Finder and whom which NMC, through its employees, consultants or advisors, has not previously discussed its financing needs. "Total Financing" shall be defined as the gross financing amount, in any installment or lump sum amount, not net proceeds to NMC. B.) Non-Specified Transaction. During the course of its activities under this Agreement Finder may introduce to NMC a party that does not fund NMC, but establishes some other business combination, such as a joint venture, acquisition, distribution arrangement, or strategic alliance. In such instances, NMC recognizes that Finder is entitled to a finders fee for orchestrating such a business relationship, and both Parties recognize that it may be difficult to value such an arrangement, and therefore NMC and Finder agree to negotiate in good faith an appropriate compensation structure for Finder relating to that transaction that is typical of the type of fees generally charged for such transactions. V. TERM OF AGREEMENT This Agreement shall continue in effect for one (1) year from the date of execution hereof. Notwithstanding, the obligation by NMC to pay Finder the consideration outlined in Section IV will continue as stated in Section IV beyond the expiration of the term of this Agreement. VI. EXPENSES Finder, at its own expense, will cover the cost of telephone, e-mail, facsmile, photocopies, postage and other sundries related to the Services provided herein. Other expenses such as travel, entertainment, general printing, and other costs will be the responsibility of NMC; however, Finder will not incur any such costs without approval of NMC. Should Finder pay any of these costs on behalf of NMC, Finder will rebill NMC for these direct expense without markup, and such invoices shall be due and payable upon receipt. VII. DILIGENT EFFORTS Need Money Corp. Finder’s Fee Agreement (Non-Exclusive) Page 3 Finder agrees to make diligent efforts in performing the services agreed upon herein and similarly, NMC agrees to make diligent efforts in assisting and supporting Finder in so rendering such services. VIII. HOLD HARMLESS AND RELEASE OF LIABILITY NMC agrees to hold harmless Finder, its managing principals, members, and employees and release the same from any and all liability, loss, damages, costs or expenses which Finder may suffer, incur or be required to pay arising out of NMC’ acts, including without limitation, negligence, misrepresentation, or any other action causing the initiation and pursuit of legal action brought against Finder. Finder agrees to hold harmless NMC, its directors, officers, employees, and shareholders and release the same from any and all liability, loss, damages, costs or expenses which NMC may suffer, incur or be required to pay arising out of Finder’s acts, including without limitation, negligence, misrepresentation, or any other action causing the initiation and pursuit of legal action brought against NMC. IX. CONFIDENTIALITY Confidential and Proprietary Information. NMC’s business profitability and good will are directly dependent upon the confidential development, implementation and use of various marketing, management and operating techniques, designs and systems and other matters of a similar proprietary nature. Such activities include, without limitation, accounting records, customer files, financial data, business plans, projections, service provider material, presentation or sales materials, materials regarding NMC’s website, materials regarding NMC’s products and lists or other compilations of information concerning aspects of the NMC’s business and existing and prospective business opportunities. All such information is proprietary in nature, and NMC strives to keep such information confidential (hereinafter collectively referred to as NMC’s "Confidential and Proprietary Information"). To enhance Finder’s effort, NMC has agreed to and will provide Finder with access to, and the right to use its Confidential and Proprietary Information. Finder acknowledges that such information is, and must be treated as, confidential. Finder further acknowledges that access to, and knowledge of, NMC’s Confidential and Proprietary Information will give it/him a competitive advantage in any future endeavors. Confidentiality Maintained. Finder is or will be engaged in a position, which is directly involved in the development and success of NMC’s business, and in such capacity Finder will be provided access to and will gain knowledge of the NMC’s Confidential and Proprietary Information. Finder shall, both during and after its engagement by NMC, preserve, protect and hold in strictest confidence NMC’s Confidential and Proprietary Information. No Use of Information. Finder shall not, either during or after its engagement with NMC, use for itself or disclose to or use for any other persons, directly or indirectly, any of NMC’s Confidential and Proprietary Information, except in carrying out its duties and responsibilities as a Finder of NMC or as such disclosure or use is expressly authorized by NMC in writing. Non-Removal of Records. All Confidential and Proprietary Information and all files, reports, computer files or other computer records, materials, designs, records, documents, notes, memoranda, specifications, equipment and other items, and any originals or copies thereof, Need Money Corp. Finder’s Fee Agreement (Non-Exclusive) Page 4 relating to the business of NMC which Finder is eithe
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