1. Background. 1WARRANTY is a Wyoming home warranty corporation based in Casper, Wyoming. Agent is an agent of the seller or buyer in connection with the sale or purchase of certain real estate.
2. Payment of Services Fee. 1WARRANTY agrees to pay a services fee of $70 (the "Fee") to you for the performance of certain services enumerated in Section 3 below once a consumer has agreed to and has submitted an application to purchase a home warranty from 1WARRANTY. The Fee payable hereunder is to remunerate you for such services rendered by you to 1WARRANTY in compliance with applicable federal and state laws and regulations, including but not limited to the Real Estate Settlement Procedures Act of 1974 ("RESPA"). Subject to Agent's compliance with the terms in Section 3 of this Agreement, the Fee shall be paid quarterly: January 1, April 1, July 1 and October 1, following receipt by 1WARRANTY of the required applicable forms: application and service verification form (if necessary) and a fully paid home warranty contract proceeds in connection with the purchase or sale of the applicable property. 1WARRANTY will only be obligated to pay Fees for services rendered by you as Agent, and 1WARRANTY will not pay any Fees for the referral of a contract. 1WARRANTY may adjust such Fee (including to zero) if in its sole and reasonable discretion concludes that the services rendered hereunder are not fully or adequately performed by Agent.
3. Obligations of Agent/Agency.
(a) If, buyer and/or seller choose to purchase a 1WARRANTY home warranty program from amongst the available options of home warranty companies you are authorized to perform the following services for 1WARRANTY and if performed satisfactorily will receive the Fee described in Section 2.
1. Providing 1WARRANTY with the brand name and color of certain appliances and systems relevant to each 1WARRANTY home warranty contract, or if some brand names and model numbers are not available, making reasonable efforts to supply such information or other relevant information;
2(a) Upon completion of coverage, and prior to contract effective date, visually inspecting and/or confirming via simple mechanical usage certain of the covered systems and appliances to help identify pre-existing conditions which may affect coverage, and informing 1WARRANTY, seller and/or buyer as necessary;
2(b) If the Agent, or a representative of Agent/Brokerage is present during a home inspection and ensures that the covered appliances set forth in #1 above are checked and noted by the home inspector and appear on the home inspection report and identify any conditions which may affect coverage and informing 1WARRANTY of such conditions, then 2(a) is not required.
3. Providing 1WARRANTY payment instructions to the person responsible for payment and assisting 1WARRANTY in securing payment;
4. Completing the applicable forms: application and service verification form;
5. Assisting 1WARRANTY with consumer by answering any questions consumer may have regarding terms of contract and availability of contract options, including renewal opportunities;
6. Ensuring the safekeeping and/or delivery of all applicable documents and making and maintaining a detailed log of Agent's efforts and services described above. The Agent/Agency must maintain in the sales file the detailed log of Agent’s efforts and services in case of any form of audit;
7. Performing other additional compensable services reasonably requested by 1WARRANTY.
(b) Agent/Agency is not precluded from explaining or referring to home warranty coverages offered by other companies or from performing services for other 1WARRANTY's.
4. Termination. The term of this Agreement (the "Term") will start on the date that you accept the terms and conditions of this Agreement and shall continue thereafter for a period of one (1) year. Thereafter, the Term will automatically renew for one (1) year extensions until terminated as provided herein. Either party may terminate this Agreement for such party's convenience, upon prior written or email notice to the other party. In addition, this Agreement will terminate immediately upon written notice to you if you fail to comply with any of its terms. Upon any termination, all rights granted to you under this Agreement shall immediately terminate. The terms of this Agreement that give the parties rights beyond termination of this Agreement will survive any termination of this Agreement.
5. LIMITS OF LIABILITY. IN NO EVENT WILL AGENT OR AGENCY, BE LIABLE HEREUNDER OR IN CONNECTION WITH: (A) THE 1WARRANTY HOME WARRANTY CONTRACT SUBMITTED HEREUNDER OR (B) THE PURCHASE OR SALE OF ANY REAL ESTATE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), STATUTORY OR OTHERWISE, AND WHETHER OR NOT AN ENTITY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL AGENT'S OR AGENCY'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE NET AMOUNT OF SERVICE FEES PAID HEREUNDER. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR BODILY INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
6. Miscellaneous. No waiver or modification of this Agreement shall be valid unless made in writing and signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. This Agreement is governed by the laws of the State of Wyoming without reference to conflict of laws principles. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Natrona County, Wyoming, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. You may not assign this Agreement or any rights or obligations hereunder without the prior written consent of 1WARRANTY. Subject to the foregoing, this Agreement will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Any attempted assignment in violation of this Section shall be null and void. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, earthquake, governmental acts or restrictions or for any other reason when failure to perform is beyond the reasonable control of the nonperforming party. This Agreement constitutes the entire understanding and agreement with respect to its subject matter, and supersedes any and all prior or contemporaneous representations, understandings and agreements whether oral or written between the parties relating to the subject matter of this Agreement, all of which are merged in this Agreement.
7. Co-Op Advertising: You shall submit a copy of advertisement and paid invoice for reimbursement. All submissions shall be sent via U.S. Mail to PO Box 4270, Casper, WY 82604. Upon receipt, 1Warranty will review and pay all qualified applicants within the month of December of the current calendar year. Co-op Advertising Monies are not carried over from year to year. Copies of the 1Warranty logo are available upon request or located on its website. If you want to have the advertisement pre-approved to ensure it is deemed acceptable, you shall submit a copy of the advertisement for said approval.
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