PROSPER SYSTEMS’ NDNC
& FEE AGREEMENT – SHORT VERSION Prosper
Systems (“PS”) and Named Party (together, "Parties") agree that for
one year from the conclusion of a project together: any contacts, properties, plans and other
business data that Parties share, that have not been previously discovered
from other sources nor is Public Information, will be kept in confidence
between the Parties; neither party shall
use each other’s information to compete with or circumvent the other, and
only communicate with each’s client when asked to; both will have their employees and
contractors make similar agreements; termination only for cause or by mutual
agreement, and outstanding
compensation survives; any
disputes will be decided in the appropriate court having jurisdiction over
the current address of the defendant. COMMISSIONS – shared EQUALLY among fully-active Brokers
providing added value and clear communications (others are Referrers paid by
their associated Brokers). • For LENDING Borrowers: about 3% of the amount of loan transaction
selected by PS and/or co-Broker, less any loan fees paid PS. Fee can be adjusted
for loans larger than $1M and $10M on a sliding scale. Assisting with preparation raises Borrower’s fee proportionately, or is charged as a consultant on separate
agreement. PS has an
exclusive to provide loan ,for 60 calendar days from receipt of full finance
package. PS has first
call on any new loans, for which PS will provide acceptable term sheet within 10
business days from transaction contract execution AND delivery of completed
finance package to PS. Lenders: non-pass-through Lender fees will be paid by Borrower,
Agent and/or Consultant, up to 3% total ... OR … by separate
agreement, such as 25% of fee for a warm client and up to equal shares with
co-brokers. • For CONSULTING, such as development and project support, payment for introductions to clients will be based on
our Referral
Schedule. Co-consulting will be negotiated
separately. • For SALES, such as income properties and
businesses, if a commission is not included in the price, not disclosed or
too low, there will be a markup of the seller’s base price of about 5% for
transactions under us$25mm, sloping continuously to 0.5% at us$1bln+. • All parties
work out with, agree and pay their non-co-brokering REFERRERS separately. • All parties
are PAID separately at
closing, according to instructions given to the closing agent. • Future business
with PS clients is PAYABLE to PS “for life” (while all parties are
maintaining their businesses). _____________________________________________ Signature / Date
_____________________________________________ Signature / Date (Complete OR paste in your info below in any order)
Complete,
sign and return to Kenton@ProsperSystems.biz, preferably as a PDF;
will return signed. If not possible, copy completed AGREEMENT into an email to us with the
statement, "I agree with the following Agreement." Stored at NDNCFA-S.ProsperSystems.biz (Non-fee version
at NDNCA-S.ProsperSystems.biz) 8/27/2023 by KHJ |