MARKETING PARTNER AGREEMENT (EXAMPLE)
West Coast Settlements, LLC
337 Western Blvd.
Greenwood, IN 46142
Re: Marketing Partner Agreement
Attn: West Coast Settlements
______________________ (“Affiliate”) is pleased to become affiliated as a nonexclusive marketing associate of West Coast Settlements, LLC (the “Company”), rendering marketing services in connection with the Company finding lenders, customer relationship activities and training. This letter confirms Affiliate’s understanding with respect to the parties’ agreement (the “Agreement”).
Pursuant to this Agreement, Affiliate will:
(a) advise the Company with respect to the form and structure of lender participations; (b) assist, review and comment upon a Business Plan, Executive Summary, or Presentations prepared by the Company; (c) identify and make initial contacts with potential lenders; (d) act as placement marketing partner, and assist in negotiations with potential lenders; (e) seek out merchant borrowers; and (f) provide such other legal services as may from time to time be mutually agreed.
In the event of any actual Financing being procured by Affiliate, a fee shall be generated and be deemed payable to Affiliate by the Company in the sum of ______ per lending period of any monies secured from lenders (the “Fee”), limited to the first lending period. In the event that any such financing procured by Affiliate is renewed by lender for a subsequent term, a fee shall be generated and be deemed payable to Affiliate by the Company in the sum of ______ per lending period of any monies secured by such renewal (the “Renewal Fee”). The Renewal Fee shall apply to all lending periods subsequent to the first lending period. Affiliate shall not be entitled to the Fee or Renewal Fee on any accumulated earnings which are reallocated by the Company. In the event a lender elects to withdraw the monies loaned to the Company, either by choosing not to renew the loan for an additional term or by withdrawing funds during an existing loan, there will be a pro rata adjustment of the Fee or Renewal Fee.
During the term of this Agreement, Affiliate shall be permitted to engage in similar activities with other companies. Nothing herein shall be deemed an exclusive relationship or firm commitment by any of the parties.
Either party may terminate this Agreement at will. The terminating party will provide a thirty (30) day notice to the other party. Full payment will be due Affiliate for any fee earned prior to termination but not yet paid. Even though the Agreement is terminated, the Affiliate will continue to receive the “Renewal Fee” per annum, as long as financings secured by the Affiliate are renewed by the lender for subsequent terms.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Indiana applicable to agreements made and to be performed entirely in such State.
West Coast Settlements
June 25, 2018
The Company and Affiliate agree that any dispute concerning the Agreement shall be submitted to and settled by arbitration in Indiana, in accordance with the rules of the American Arbitration Association.
This Agreement contains the full and mutual agreement of the parties hereto and shall not be modified, altered, changed, terminated or assigned except pursuant to a writing signed by all of the parties and shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors or assigns.
The undersigned parties, hereby mutually acknowledge, and with full intention of being legally bound, herby irrevocably agree not to circumvent, avoid, bypass, or obviate each other, directly or indirectly, to avoid or obtain additional payment of fees in any transaction with any corporation, partnership or individuals, revealed by either party to the other, in conjunction with any project, any loans, any purchase or sale, collateral, funding(s), addition, renewal, extension, rollover, amendment, renegotiation, new contracts, parallel contracts/agreements, or third party assignments thereof.
Please confirm that the foregoing correctly sets forth our agreement by signing, scanning, and returning to Affiliate the enclosed copy of this Agreement.