DMV Referral - Independent Contractor Agreement (ICA)


This agreement is made and entered into by and between DMV Referral, registered as DMV Referral LLC a real estate brokerage licensed in the state of Maryland, District of Columbia, and Virginia and the individual below (hereinafter “Contractor”) who is a licensed;

Please check one below;

 

  

Under the laws of the checked-off states (herein after “the state”) to practice real estate.


Please fill in all that applies;

Maryland License No.#  

DC License No.#  

Virginia License No.#  


Full Name:  

Street Address:  

City:

State:  

 Postal Zip Code:  

Country: United States

 Home #:  

Mobile #:  

Email Address:  

 

WHEREAS DMV Referral is an independently owned and operated real estate brokerage business in this state address, and

WHEREAS Contractor has been issued a real estate (salesperson’s/broker’s) licensed by the state and wishes to use themselves of the services and opportunities offered by DMV Referral.

NOW, THEREFORE, it is deemed to be to the mutual advantage of DMV Referral and Contractor to form the association during the period of the association and for good and valuable consideration. 

TERM: Except as otherwise provided in writing, this agreement shall be binding for a minimum period of 1 year (365 days) from the date of signing this agreement. The independent contractual relationship will be automatically renewed for an additional one year if Contractor is in good standing and that all required membership fees are paid. This agreement may be terminated at any time by DMV Referral, immediately and without prior notice in the event Contractor defaults on the current 365-day term or any renewal thereof, for non-payment of dues to DMV Referral, or otherwise fails to conduct their business in accordance with the terms of this Agreement, or engages in conduct which is disloyal or disrupts the office, or fails to abide by a professional code of conduct as determined by the broker or managing broker of DMV Referral, or engages in business practices that expose DMV Referral to risk & liability, or is likely to bring discredit to the DMV Referral name, or shares the business practices of DMV Referral with competing firms, or transfers their license to another brokerage, in which events Contractor’s entitlement to receipt of their pending and as then unpaid commissions or referral fees shall be forfeited in full to DMV Referral. This agreement may be terminated by Contractor by giving DMV Referral a formal written notice whereupon which the Contractor is free to transfer their license(s) to another brokerage, in which event Contractor’s entitlement to receipt of their pending and as then unpaid commissions or referral fees or bonus checks shall be forfeited in full to DMV Referral and all clients shall remain with DMV Referral. Contractor shall not encourage company clients to move their business away from DMV Referral either before or after giving notice to terminate this agreement.

INDEPENDENT CONTRACTOR: Contractor shall be deemed to be an independent contractor. Contractor shall be free to devote to his real estate sales efforts such a portion of his entire time, energy, effort, and skill as he sees fit and to establish his own endeavors. Contractor shall not have mandatory duties except those imposed by law or regulation and those specifically set out in this Agreement. Nothing contained in this Agreement shall be regarded as creating any relationship (employer/employee, joint venture, partnership, shareholder) between the parties other than the independent contractor relationship as set forth herein. Contractor is, and shall be treated by DMV REFERRAL as, and independent contractor (statutory nonemployee) and not an employee for state tax and for all other purposes. The salesperson (Contractor) will not be treated as an employee with respect to the services performed by such a salesperson (Contractor) as a real estate agent for federal tax purposes. Contractor hereby acknowledges that he has been advised by DMV Referral that as an independent contractor (non-employee) affiliated with DMV Referral, he/she is responsible for the withholding and payment of all his/her own federal income taxes and his/her own self-employment taxes (FICA), together with any and all corresponding state, county, and local taxes, if any, and Contractor hereby agrees to meet such responsibilities. Contractor hereby waives any claims he has or may have against DMV Referral now or in the future respecting such taxes or the right of DMV Referral not to withhold, not to pay or not to contribute to such taxes on behalf of Contractor. Contractor shall not hire, employ, contract with, retain, hold the license of, or sponsor for a license any real estate broker or salesperson. 1099's shall be issued to the contractor by each January 31st using the information provided on this agreement.

LICENSEE RESPONSIBILITIES: Contractor agrees to keep his/her license active and in good standing. This includes paying the appropriate fees, completing all required Continuing Education courses, and any other licensing requirements in the state you are licensed in. Referral Agent is an independent contractor and agrees to pay for all of his/her taxes and related expenses. Broker is not responsible for Referral Agent’s failure to pay any required taxes. If the Referral Agent’s License is revoked, suspended, or not renewed for any reason, this agreement shall automatically terminate.

LIMITATIONS: Contractor agrees that he/she will NOT actively engage in the Real Estate Business. This includes, but is not limited to, selling or offering to sell or negotiate the purchase, sale or exchange of Real Estate, lease, rent, or offer to rent any Real Estate, or to negotiate leases thereof, accepting deposits, writing or executing Real Estate related documents, contracts, etc. If Contractor is found in violation of this agreement by actively practicing and engaging in the Real Estate Business, all pending commissions will default to DMV Referral.

DMV Referral RESPONSIBILITIES: DMV Referral agrees that in consideration of the services of and the fees and expenses to be paid by Contractor, DMV Referral shall, while this Agreement remains in force, at the option of the Contractor: (a) make available to Contractor tools required to submit real estate referrals and (b) transmit to Contractor promptly the difference between 100% of all commissions received by DMV Referral as a result of the efforts of Contractor and amounts belonging to DMV Referral.

LIABILITY AND INDEMNIFICATION: DMV REFERRAL shall not be liable to Contractor for any expenses incurred by him/her, nor shall Contractor have the authority to bind DMV REFERRAL by any promise or representation unless specifically authorized in advance and in writing by DMV REFERRAL. Contractor further agrees to pay all fines, damages, costs, and expenses, including but not limited to attorney fees and the full amount of any errors and omissions insurance deductible assessed against or incurred by DMV REFERRAL and/or its officers in defending or satisfying any claim or judgment against DMV REFERRAL and/or its officers because of Contractor’s activity, even if such claim or judgment is brought or filed subsequent to the expiration or termination of this Agreement or any renewals or extensions thereof.

CREATION OF LIABILITY/LITIGATION: In the event that Contractor creates liability resulting in a court action against Contractor and/or DMV REFERRAL to which DMV REFERRAL is not privy, Contractor hereby undertakes to take sole responsibility for such action in terms of liabilities including but not limited to Attorney’s fees, court fees, damages, injunctions, and orders of court emanating from such court action, and Contractor hereby indemnifies DMV REFERRAL from the legal consequences of any such liabilities created by the Contractor.

RENTAL PROPERTY MANAGEMENT: Contractor is not allowed to offer any kind of rental property management services.

SUPERVISION: Contractor shall act as a real estate sales agent subject to the real estate license laws and regulations of the state(s), the bylaws of the local board(s), the Code of Ethics of the National Association of Realtors and under the supervision/control of DMV REFERRAL and/or the principal broker/managing broker(s) responsible for the DMV REFERRAL office management. Refer to Section 4 regarding LIMITATIONS.

MANDATORY TRAINING AND TRAINING RECEIVED RECEIPTS: DMV REFERRAL is required by the State Real Estate Commission(s) to provide updates and ongoing training to affiliated licensees. Contractor agrees to read all the DMV REFERRAL training emails sent periodically to all affiliate agents via MailChimp and agrees to reply back within 48 hours of receiving this email to confirm having read the training update so DMV REFERRAL may remain in compliance with State mandated directives.

AFFILIATION FEE PLANS: The standard fees to be charged for services performed under this agreement is 25%-50% of the Referral side of the commission received by the Broker. Broker agrees to pay 90%-100%, dependent on the chosen plan, of the gross Referral fee (no transaction fees.) DMV Referral offers 1 great plan for our agents to participate in.

  • 100% Commission (No Splits!)
  • No MLS or Board Association Dues
  • No Transaction Fees
  • No Monthly Dues
  • Industry Quarterly Updates
  • Agent Support and More!

 

USE OF OUR NETWORK

Our most popular program! Anytime your referral is placed within our nationwide network of high-quality agents in the DMV, we take care of the entire process of matching, managing, tracking, servicing & accounting for your referral. Our network agents are vetted, qualified, experienced with referral agreements already in place. You receive 100% of the 25% referral fee we collect on your behalf. However, our process is completely streamlined and user-friendly. Just make a referral, then sit back and wait for your check. In case you did not know, we serve EVERY zip code in ALL of the DMV, so anyone that you know that is buying or selling in the U.S. is a potential referral opportunity!

PICKING YOUR OWN AGENT

Our most common question from agents is if they can choose the agent for their referrals to go to. The answer is yes and the benefit to this is that you can negotiate any referral fee percentage that is agreeable between you and the agent you’re referring this business too. However, if you select your own agent, be aware we have not vetted these agents and are unable to verify the high-quality standards we have for our network agents.

Also, our ability to manage, track, service, and account for your referral as well as the collection of the referral fee requires extra time and effort from our service team since they are not in our network. For that reason, if you select your own out-of-network agent, YOU will be responsible for securing an executed referral agreement (please request form via email) that will need to be signed by agents and principal brokers of both firms.

Any verbal agreement not in writing and signed by the 2 principal brokers of BOTH firms is completely unenforceable. Also, please note you will need to have an executed referral agreement in place for EACH client and EVERY transaction you refer AND you need to provide us a copy of that referral agreement signed by that agent’s broker. Otherwise, DMV Referral will legally lose ALL ability to collect any referral fee on your behalf. If you choose your own agent, please specify in your referral agreement whether your referral is buying only? Selling only? Buying and selling? Since we are relying on you for these details, we’re unable to assume any liability if you do not complete the referral agreement as instructed above or if important details are missing that would affect our ability to collect a referral fee on your behalf.

PAYMENT OF ANNUAL AFFILIATION FEES: Contractor agrees to pay DMV REFERRAL $99 or $195/year re-occurring membership fee on Contractors anniversary date billed to the credit card Contractor has on file with DMV REFERRAL. DMV REFERRAL membership fees are non-refundable (full or partial) after payment is made. The $99 annual membership fee is subject to change at any time. However, we’ll always work to make our affiliation plans one of the most competitive in the industry.

COMMISSION ADVANCES: Our firm does not participate in commission advances via third-party companies that offer such money advancing services to REALTORS in general.

COMMISSION DEPOSIT & PAYMENTS: Contractor understands that all DMV REFERRAL commission checks will be paid by DMV REFERRAL to Contractor via USPS.

PERSONAL EXPENSES: Contractor shall be 100% responsible for the full cost of additional services and materials which Contractor may authorize, request or avail of, including but not limited to long-distance telephone and telecommunications services, copying and reproduction services, advertising, and promotional brochures, personalized stationery, postage, accounting or bookkeeping equipment, or any other services and materials Contractor uses to develop business.

SIGNS, BUSINESS CARDS, MARKETING, LOGOS: The contractor shall pay for his/her own business expenses related to business cards, marketing materials, stationary. Other than adding a name, designations, personal photo, and contact information, neither the Contractor nor the Contractors chosen sign or business card vendor may alter the design templates provided by DMV REFERRAL in any way, shape, or form without prior written approval from DMV REFERRAL.

ADVERTISING IN MAGAZINES, MAILERS, LETTERHEADS, WEBSITES, INTERNET, FACEBOOK, TWITTER, EMAIL: The contractor shall pay for his/her own advertising. Contractor's name & telephone number shall not be larger than the name of the firm. All advertising and marketing is to contain the following (a) DMV REFERRAL (b) Office: 301-586-9048 (c) Equal Housing Opportunity & Realtor Logos (d) Contractor's name as it appears on his/her real estate license (e) Contractor's email and cell number. Contractor to get all advertising approved by the broker or office manager PRIOR to placement or implementation.

TRADEMARK USE PRIVILEGE: Only DMV REFERRAL approved for sale signs, directional signs, open house signs, business cards, print advertising may be used. Contractor’s privilege to use such marks, and the privilege to us DMV REFERRAL yard signs, “SOLD” signs, business cards, promotional material, letterhead and any other item which bears such marks or bears any other distinguishing characteristic of the ISHR organization, is expressly made contingent upon (i) Contractor’s observance of and adherence to the standards of proper use and guidelines promulgated and from time to time amended by DMV REFERRAL; (ii) Contractor’s adherence to and satisfaction of professional performance standards and service quality controls promulgated and from time to time amended by DMV REFERRAL, including but not limited to those specified elsewhere in this Agreement; and (iii) Contractor’s continued affiliation with DMV REFERRAL under this or any successor to this Agreement. Contractor hereby acknowledges that DMV REFERRAL is the exclusive owner of all right, title and interest in and to the marks identified above, and further agrees that all use of such marks by Contractor shall insure exclusively to the benefit of DMV REFERRAL. Contractor shall cease immediately all use of DMV REFERRAL marks in the event of termination or expiration without renewal of this Agreement. All print advertising is to clearly identify the following (a) DMV REFERRAL LOGO (b) Equal Housing Opportunity Logo (c) REALTOR Logo. All print advertising is to be approved by the broker and the contractor is to adhere to a strict uniform standard. No words that violate federal or state fair housing laws may be used in ANY advertisement.

MAILING ADDRESS, FAX NUMBER, AND EMAIL: No mail forwarding, fax forwarding, or email address services will be provided by DMV REFERRAL to the Contractor.

WEBSITES & BUSINESS CARDS: Vendors will be made available by DMV REFERRAL to the Contractor, but both are elective, not mandatory. However, payment for the items will be sole responsibility of the Contractor.

BUSINESS CARDS, SIGNS, PRINT MARKETING, WEB MARKETING, SOCIAL MEDIA, CRAIGSLIST: Contractor agrees and guarantees to adhere to the strict design guidelines for business cards, signs, print marketing, web marketing. Non-adherence will be grounds for immediate termination from DMV REFERRAL and all pending, and as then unpaid commissions or referral fees shall be forfeited in full to DMV REFERRAL.

TEAMS & ASSISTANTS: DMV REFERRAL does not allow Contractor to operate "teams" under the DMV REFERRAL umbrella. If Contractor employs an unlicensed Assistant, Contractor agrees to abide by the strict rules for unlicensed assistants as set by local, state, and federal law. Refer to Section 4 regarding LIMITATIONS.

LEGAL WORK STATUS: Contractor certifies that he/she is legally allowed to work in the United States of America and is in compliance with US Immigration Laws.

CRIMINAL RECORD: Contractor certifies that he/she does not have a criminal record in the United States court systems. False representation of facts may lead to termination without notice by DMV REFERRAL.

DISPUTE RESOLUTION: Consistent with the DMV REFERRAL dispute Resolution Commitment, Contractor shall cooperate and adhere to the policy and practice of DMV REFERRAL pertaining to the resolution of internal disputes hereunder, or external business disputes with third parties, by first using mediation and/or binding arbitration as offered through a professional mediation firm. Contractor shall pay 100% of the cost of such professional mediation/binding arbitration services until the matter is resolved.

COMPLAINT HEARING PROTOCOL: Contractor understands that he/she is to act as a real estate professional at all times, keep detailed written records, practice fair housing, obey the law. If any complaint is filed against the Contractor which leads to a hearing panel and if the broker and/or branch manager is required to accompany Contractor to (or attend on contractor’s behalf) such complaint hearing, Contractor will be charged $250 per hour (or any fraction thereof), to be billed and/or automatically deducted from Contractors pending commissions. If the hearing requires the Contractor to have an attorney or other professional witness to also accompany him/her to such a hearing, all their expenses shall be paid by the Contractor.

CONFIDENTIALITY AGREEMENT AND GUARANTEE: Once ratified, Contractor agrees and guarantees to keep the negotiated terms of this agreement strictly confidential, now and forever after. Any discussion of or sharing of this agreement beyond the parties involved will constitute a serious breach of contract by the Contractor and subject to legal action by DMV REFERRAL.

IN WITNESS WHEREOF the parties hereto, by their signatures below, acknowledge their understanding of a commitment to the terms of this agreement effective as of the date written below by Contractor and DMV REFERRAL Principal Broker or representative.

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Signed by Authorize Rep. Sarah Sinanan
Signed On: August 18, 2020


Signature Certificate
Document name: DMV Referral - Independent Contractor Agreement (ICA)
lock iconUnique Document ID: 7d9aac46cf57774242dc27cbc55ab4167eb3cd74
Timestamp Audit
July 16, 2020 4:48 PM EDTDMV Referral - Independent Contractor Agreement (ICA) Uploaded by Authorize Rep. Sarah Sinanan - [email protected] IP 96.241.130.90