MLSAFFILIATES.COM - REALTY-MART AMERICA / RANDY BESS REAL  ESTATE
BROKER REFERRAL AGREEMENT
FAX TO 877-471-8143 OR 954-252-4172

This Agreement is entered into this day of , 200 by and between Realty-Mart America / Randy Bess Real Estate and __________________ (hereinafter “Broker”), with reference to the following facts:

I. Realty-Mart America / Randy Bess Real Estate is a licensed real estate BROKERAGE in the State of Florida AND BROKER is duly licensed to practice real estate in the State(s) of:________________________________________________________________;

II. A referral (hereinafter “CUSTOMER”) requests Realty-Mart America / Randy Bess Real Estate to be referred to a licensed BROKER, who will list Customers real estate on Brokers local Multiple Listing Service for a flat-fee of $399.00. Broker agrees to pay a referral fee of $150.00 to Randy Bess Real estate ;

III. BROKER hereby acknowledges that Realty-Mart America receives referral customers from Web site and online promotions and Broker agrees to list the property and provide the services that are offered on the Realty-Mart America (MlsCountry.com) Web site. Services to be provided to customer include MLS listing active within 24 hours of receiving all required paperwork, upload up to six photos on the MLS listing, make status changes within a reasonable time including price changes, contact information and description modifications to the listing.
Parties hereby agree as follows:

1. Referral of Customer. Realty-Mart America / Randy Bess Real Estate through its Flat-Fee Web site, MlsCountry.com & MlsAffiliates.com, hereby agrees to procure and refer (Customers) to Flat-Free Broker for the purpose of enabling BROKER to act as source for placement of Customers real estate into the BROKER’s Multiple Listing Service.

2. MLS Listing Confirmation. BROKER or BROKER’s agent agrees to provide Realty-Mart America/ Randy Bess Real Estate. via fax or email, WITHIN 48 HOURS, with the MLS ID number for referred Customer or the status of the referral if not listed within 48 hours or receiving referral information.

3. Referral Fee. Referral Fee checks shall be MADE OUT TO: Realty-Mart America in the amount of $150.00 and mailed to: 3557 SW 19 Avenue, Suite 9, Gainesville, Florida 32607 no later than 7 days from the date customer check was cleared, cash received or credit card approval code confirmed for payment of services rendered.

4. Indemnification. Realty-Mart America and BROKER shall each indemnify the other against and hold the other harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with or resulting from (i) a default on the indemnifying party’s obligations under this Agreement, or (ii) the wrongful, fraudulent, or negligent acts, errors, or omissions on the part of the indemnifying party, its agents, or attorneys arising out of or connected with the property sale and/or purchase transaction contemplated hereunder whether ultimately consummated or not.

5. Term and Cancellation. The term of this agreement shall run for 6 (six) months from the date hereof. Either party may cancel this agreement at any time for any reason upon written notice to the other party, provided, however, that if BROKER cancels this agreement, and Customer subsequently pays a flat-fee within 180 days following cancellation, Realty-Mart America / Randy Bess Real Estate shall still be entitled to receive the applicable referral fee provided for under 3 or 4 above.

6. Miscellaneous.
A. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement.
B. No waiver by either party of any breach of any provision of this Agreement shall be deemed to be a waiver of any breach of any other provision hereof.
C. In the event any covenant, condition or provision herein contained is held to be invalid by final judgment of any court of competent jurisdiction or other governmental body having jurisdiction, the invalidity of such covenant, condition or provision shall not invalidate any other covenant, condition or provision herein contained.
D. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida and the State in which the BROKER resides and operates his/her business.
E. This Agreement shall be binding on the parties hereto and their respective heirs, executors, administrators, successors, and assigns.
F. All words used in this Agreement shall be construed to include the plural as well as the singular number, and words used herein in the present tense shall include the future as well as the past, and words used in the masculine gender shall include the feminine and neuter.
G. Should either party hereto bring suit in court to enforce the terms hereof, any judgment awarded shall include court costs and reasonable attorney’s fees to the prevailing party.
H. The Parties shall execute any documents or instruments, and do or cause to be done any act as may be necessary to carry out the terms of this Agreement.
I. Exhibits attached hereto and addenda initialed by the parties are deemed by attachment to constitute part of this Agreement and are incorporated herein.
J. This Agreement may be executed in several counterparts and all so executed shall constitute one Agreement, binding on all parties thereto, notwithstanding that all of the parties are not signatories to the original or same counterpart.
K. Time is of the essence of this Agreement and this contract shall not be amended, altered or otherwise modified except by written document executed by the parties hereto.

IN WITNESS WHEREOF, the parties have set their signatures hereto.
Realty-Mart America/Randy Bess Real Estate
___________________________________
Randy Bess
Principal Broker

BROKER (affiliate): ____________________________________________________________________________
Title:________________________ R.E. Lic. Number:________________________________ Since:___________
Authorized Signatures:___________________________ x_______________________ x_____________________

FAX TO 877-471-8143 OR 954-252-4172
MlsAffiliates.com
MlsAffiliates.com