WHEREAS, the Undersigned wish to enter into this Agreement to
define certain parameters of the future legal obligations, are bound by a duty
of confidentiality with respect to their sources, contacts and business plan.
This duty is in accordance with the International Chamber of Commerce
Convention (ICC Publication no. 619, Occasional Intermediary Contract).
WHEREAS, the Undersigned desire to enter a working business
relationship to the mutual and common benefit of the parties hereto, including
their affiliates, subsidiaries, stockholders, partners, co-ventures, trading
partners, and other associated organizations (herein after referred to as
"Affiliates") for business related to funding hard money loans.
NOW THEREFORE in consideration of the mutual promises, assertions
and covenants herein and other good and valuable considerations, the receipts
of which is acknowledged hereby, the parties hereby agree as follows:
A) The parties will not in any manner, solicit, nor accept any
business in any manner from sources not their affiliates, which sources were
made available through this Agreement, without the express permission of the
party who made available the source.
B) The parties will maintain complete confidentiality regarding
each other’s business sources and/or their Affiliates and will disclose such
business sources only to named parties pursuant to the express written
permission of this party who made available the source.
C) That they will not disclose names, addresses, email addresses,
telephone, telefax, or telex numbers to any contacts by either party to third
parties and that they each recognize such contacts as the exclusive property
of the respective parties and that they will not enter into any direct
negotiations or transactions with such contacts revealed by the other party.
D) That in the event of disclosure and or circumvention of this
Agreement by either party, directly or indirectly, the circumvented party shall
be entitled to a legal monetary fee equal to the maximum service it should
realize from such a transaction plus any and all expenses, including but not
limited to all legal costs and expenses incurred to recover the lost revenue,
or any remedy available to party at law or equity.
E) All consideration, benefits, bonuses, participation fees and/or
commissions received as a result of the contributions of the parties in the
Agreement, relating to any and all transactions will be allocated on a per deal
F) This agreement is valid for any transaction between the parties
herein and shall be governed by the enforceable law in the United States of
America and its territories.
G) The signing parties hereby accept such selected jurisdiction
as the exclusive venue. The duration of the Agreement shall perpetuate for five
(5) years from the date hereof.
accepting the link below on this Agreement received by the way of web site, and/or
email shall be deemed to be an executed contract. Agreement enforceable and
admissible for all purposes as may be necessary under the terms of the
accepting link below hereto acknowledge that they have read the foregoing Agreement
and by their initials, signature and or accepting link below that they have
full and complete authority to execute the document for and in the name of the
party for which they have given their signature.
ACCEPTED AND AGREED WITHOUT CHANGE:
Alpha Funding Solutions, LLC