Factoring Broker Agreement
Factoring
Broker Agreement
BZ Commercial Corp | |
Broker Name (use exact registered business name) | D/B/A, if any |
Xxxx Xxxxxx Xxx 0000 | Xxxx Xxxxxxxxx | XX | 00000 |
Place of Business: Street | City | State | Zip |
(000) 000-0000 | (000) 000-0000 | Xxxxxxxx Xxxxx |
Telephone Number | Fax Number | Contact Person |
This
Factoring Broker Agreement 'Agreement") is made by and between Xxxxxx
Trade Receivables Corp. Xxxxxx Trade") and the broker named above ("you").
This Agreement will become effective on the later of the dates it is
signed by Xxxxxx Trade or you. Intending to be legally bound, Xxxxxx Trade
and you agree as follows:
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(b) shall
be governed by and construed in accordance with the laws of the State of
New Jersey;
(c) may
not be amended except by a written document signed by both
parties;
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1. Referral
of Factoring Customers.
You
may in
your sole discretion, from time to time,
offer to refer customers ("Sellers" to Xxxxxx Trade. Xxxxxx Trade,
in its sole discretion, may accept such
referred
Sellers. You
understand
and agree that this
is
not
a committed referral or purchase
facility.
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(d) may
not
be assigned by you without the prior written consent
of Xxxxxx; and
(e) will
be binding on, and inure to the benefit
of, each party's
respective
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successors and
permitted assigns.
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2. Agreement
Applies to
All Referred Sellers. This
Agreement shall apply to all referred Sellers accepted by Xxxxxx
Trade.
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(f) This Agreement
may be terminated at any
time by either
Xxxxxx Trade or
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you upon written
notice to the other party; provided,
however, that such
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3.
Marlin's
Review
of
Factoring Transactions.
You understand that Xxxxxx Trade will investigate and review each
referred factoring transaction (including, but not limited to,
investigation of the creditworthiness of the Seller and its Debtor(s)) and
may establish special terms or conditions which must be satisfied before
obligating itself to accept the referral.
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termination shall in
no way reduce or affect either party's liability or obligations to the
other party under this Agreement as to factoring transactions referred to
Xxxxxx Trade prior to the termination.
8.
Faxed
and Coaled Documents. The parties intend and agree that a
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carbon copy,
photocopy, or facsimile of this document with their carbon
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4. Submission of Referrals to Other Factoring Sources. You agree not to submit the same transaction to any other factoring company for a period of five (5) full business days following your submission of the referral to Xxxxxx Trade. |
copied, photocopied
or facsimile signatures thereon (or counterpart documents signed
separately by them) shall be treated as an original, and shall be deemed
to be as binding. valid, genuine, and authentic as an
original-
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signature document
for all purposes, including all matters of evidence and the
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5.
No
Agency between
You and Xxxxxx Trade. This Agreement does not create
an agency, partnership, Joint venture or any similar kind of relationship
between you and Xxxxxx Trade. Each party agrees that it will not act as or
represent Itself as the other party's agent, partner or joint venturer
and will not use
the other party's name in any way whatsoever. Each party agrees
that It will
not have authority to bind the other party in any way
whatsoever.
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"best evidence"
rules.
XXXXXX TRADE RECEIVABLES CORP.
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By: /s/
Xxxxx X. Xxxxxx
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5.
Referral
Fees.The fees to be paid to you by Xxxxxx Trade for each
referred
Seller whom Xxxxxx Trade approves will be ten percent
(10%) of Xxxxxx Trade's net profit (i.e., Xxxxxx Trade' discount
fee) on each transaction, provided that the Bel remains
in good standing (i.e., not in default). Said referral
fees will
be paid monthly as and when Xxxxxx Trade's fees are earned and
good funds are
verified.
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Print
name: Xxxxx X. Xxxxxx
Title:
President
Date: 11/01/07
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BROKER:
BZ Commercial Corp.
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6.
No
Agency between
You and Xxxxxx Trade. This Agreement does not create
an agency, partnership, Joint venture or any similar kind of relationship
between you and Xxxxxx Trade. Each party agrees that it will not act as or
represent Itself as the other party's agent, partner or joint venturer
and will not use
the other party's name in any way whatsoever. Each party agrees
that It will
not have authority to bind the other party in any way
whatsoever.
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By: /s/
Xxxxxxxx Xxxxx
Print
name: Xxxxxxxx Xxxxx
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Title:
President
Date: 10/27/07
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7. Miscellaneous. This Agreement: | |
Federal Tax ID
No.: 00-0000000
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(a) contains the complete agreement and understanding between you and Xxxxxx Trade on the subjects discussed herein and will conclusively control over any inconsistent verbal or written agreement or understanding; |
E-mail address:
Xxxxxxxxx@xxx.xxx
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