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Broker Agreement

When fully executed by authorized representatives of the parties, the terms and conditions set forth below shall constitute the whole of an agreement between Asberry Financial Services LLC, Nashville, TN (hereinafter called "Company"), and YOUR NAME (hereinafter called "Broker" or "Client") shall become effective on Today's Date
1. SCOPE OF AGREEMENT. Broker will aggressively sell specified products and/or services of the Company in accordance with the Company's authorized prices and published policies. All orders shall be subject to confirmation by the Company.

2. NORMAL BROKERAGE. This Broker Agreement is for 12 months. A Broker must submit 10 clients and/or individual orders per month for one or a combination of services or products in one month. Tradelines should be submitted by Thursday at 5pm to be submitted Monday morning .

3. PAYMENT FOR CLIENTS. Payment by Credit or Debit card by Merchant Account must be made by Wednesday at 4 pm EST to be credited to the Account by Friday for your Clients to have their Orders submitted on Monday.

4. PRODUCTS AND SERVICES: The products and services that Broker is permitted to market/sell under this agreement are as follows: CPN/SCN, Credit Repair, Tradelines, Shelf Corps, Personal and Business Funding and Gold Acquisition.

5. STIPULATIONS: No like competitive products and services will be accepted by Broker for his territory without prior clearance and written approval of Asberry Financial Services. No competitor shall be consulted directly or counseled in any manner by Broker.

6. NON_DISCLOSURE, NON COMPETE. Broker understands and agrees that he will be provided confidential information about Company's business credit process and infrastructure. Confidential Information automatically includes, but is not limited to, Company's owned or licensed software and documentation, communications (written and verbal), CDs, DVDs, business activities, systems, processes, methodologies, techniques, strategies, financial projections, accounting data, product/service development and design, performance related information, schematics, contract terms and pricing, client lists, supplier and vendor information, identity of and information relating to prospective or existing clients, suppliers and vendors and information relating to such party's global network infrastructure and capabilities and business plans, whether or not marked as confidential or proprietary. During the term of this agreement and for three (3) years after it has ended, Broker agrees to hold all Confidential Information of Company in confidence and not disclose it to any party not covered under this Agreement. Furthermore, Broker agrees not to Circumvent Company to establish relationships with Company's credit providers or other vendors or attempt to compete with Company in any way.

7. LIMITATION OF LIABILITY. Broker understands and agrees that Company and its affiliates will be acting under Broker's direction and request. Notwithstanding anything to the contrary herein, in no event shall Company be responsible or liable, whether arising out of Company's performance of its duties and obligations hereunder, breach of any term or provision of this Agreement, acts or omissions on behalf of Broker, negligence of Company, or otherwise, for any damage(s), or any other losses, costs or expenses whatsoever which may be suffered by Broker.

8. BROKER AND BUYER HARMLESS: Company is promptly notified of such claim or injury and is permitted to deal therewith, at its own discretion.

9. INDEMNIFICATION. Broker hereby covenants and agrees to defend, indemnify, save and hold Company, its agents, employees, assigns, and representatives in whatever capacity, free, clear and harmless from any and all liability, loss, costs, charges, penalties, obligations, expenses, attorneys' fees, litigation costs, in whatever form, judgments, damages, claims and demands of any kind whatsoever in connection with, or arising out of, or by reason of any violation of law, ordinance, or regulation by Broker, its agents, employees, assigns, or representatives, or by reason of any of Broker's use of this Agreement or any acts or omissions of Company on behalf of the Broker.

10. COMPLIANCE WITH LAWS. Broker covenants and agrees to comply with all laws, ordinances, regulations and lawful orders of duly constituted public authorities and jurisdictions.

11. ADVICE OF COUNSEL. Broker represents and warrants that Company has fully advised Broker that Company is not a legal or an accounting firm and that Company has neither provided legal or accounting advice nor made representations or statements to the contrary whatsoever. Broker further warrants and agrees hereby, that it accepts Company's specific representation that any and all communications, in whatever form, received by Broker from Company, do not in any way constitute legal counsel, or accountancy advice of any kind. Broker specifically warrants and represents that in executing this Agreement, Broker has taken the opportunity to be fully advised and represented by legal counsel of its own independent selection. Broker further warrants that it is fully familiar with all of the circumstances surrounding this matter, and in executing this Agreement, Broker has relied wholly upon its own judgment and the advice of counsel of its own independent selection, and that Broker has in no way been influenced whatsoever in making this Agreement, by any representations regarding the matters set forth herein or any other made by any person, individual or corporation, or any agent, employer or representative thereof or by any persons representing any of them or by any attorney employed by any of them.

12. NON-WAIVER. Any failure by the Company or its agents to exercise any rights under this Agreement shall not constitute a waiver of the Company's rights.

13. BINDING EFFECT. This Agreement shall be binding upon and for the benefit of the heirs, representatives, administrators, successors, assigns and legal representatives of all Parties hereto.

14. HEADINGS. Headings are inserted for the reading convenience of the considered when interpreting this Agreement.

15. SEVERABILITY. In the event of any conflicts arising between any provision of this Agreement and applicable Federal, State or local laws, the laws will prevail and such provisions of the Agreement will be amended or deleted as necessary in order to comply with those laws. Further, any provisions that are required by Federal, State or local laws are hereby incorporated into this Agreement. In the event any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions will nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.

16. OTHER UNDERSTANDINGS, AGREEMENTS, AND STATEMENTS. Broker states that he intentionally sought out Company, which is based in the State of Tennessee, to perform the services identified herein and understands that the services rendered, may be performed by any principle, assistant, or affiliate working for or in association with Company. Broker understands that Company will not discuss this Agreement or work described herein with his spouse, or anyone else not directly affiliated with Company's work for Broker, unless Broker submits a written request authorizing the Company to do so. Broker warrants that he has not been counseled or advised to make any statement which is untrue or misleading.

17. GENERAL. Time is of the essence of this Agreement and each provision herein contained. This Agreement constitutes the entire and sole Agreement between the Company and Broker which may not be contradicted by any other agreement, whether written, verbal, or other. This Agreement shall not be extended, amended, modified, altered, or changed, except in writing. Whenever used, words in singular form shall include the plural and the use of any gender specific words shall include all appropriate genders, where the context requires. Each and every term, covenant, and Agreement herein contained shall be deemed to be a condition thereof. The Company would have not entered into this Agreement except in sole reliance that the Broker shall perform each and every condition. If any action is sought by Broker against Company, Broker agrees to waive all rights to a trial by judge/jury and have the matter handled through arbitration. This Agreement will be governed by the laws of the United States and the state of Tennessee, without reference to rules governing choice of laws. If any action relating to this Agreement is able to bypass the arbitration clause herein, that action must be brought in the Federal or State courts located in Davidson County Tennessee, where Broker irrevocably consents to the jurisdiction of such courts.

Broker hereby covenants that they are executing this Agreement both on behalf of themselves, individually, and the corporation involved. Broker further covenants that they have the necessary corporate authority to enter into this Agreement on behalf of the corporation and has taken all necessary steps to make this Agreement binding on and enforceable against such party in accordance with its terms.

18. NON-CIRCUMVENT. Throughout the process, Broker may learn the names, telephone numbers and contact information of investors, borrowers, lenders, agents, brokers, banks, lending corporations, individuals and/or trusts, hereinafter called Contacts. The Broker with this acknowledge, accepts and agrees that the identities of the Contacts will be recognized by Broker as exclusive and valuable contacts of the Representative and will remain so for a period of 60 (sixty) months. The Broker agrees to keep confidential the names of any Contacts introduced or revealed to the Broker, and that their firm, company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees, co-brokers, or consultants will not contact, deal with, negotiate or participate in any additional transactions with any of the Contacts without first entering into a written agreement with Asberry Financial Services, LLC. Such confidentiality will include any names, addresses, telephone, telex, facsimile numbers, and/or other pertinent information disclosed or revealed by the Representative.

19. TERMINATION: Either party with written notice of intent may terminate this Agreement. Termination shall be thirty days from date of such notice. Broker shall be earned and paid only on services and products delivered and/or rendered and invoiced prior to the effective date of termination.

20. OTHER: No other conditions are implied or included that may alter or enlarge this Agreement.
Broker Initials YOUR INITIALS
- In case of circumvention, the Broker agrees and guarantees they will pay a legal monetary penalty that is equal to the commission or fee the Company would have realized in the transaction. If Company must commence legal proceedings to interpret or enforce the terms of this Agreement, Broker is aware Company will be entitled to recover court costs and reasonable attorney fees.


Website Agreement

Creative brief: The client above will receive a custom website that is designed, hosted, maintained, and supported by Asberry Web Services. If you do not already have a domain name (www.yourname.com) go to GoDaddy.com and buy a domain, average $15/year. We will access the domain provider with the information listed above and change the records to point to our hosting servers. On any theme you choose we change the 'Your Name', 'Your Phone', 'Your Fax', 'Your Address', and 'Your Company Slogan' to the company information above where applicable. The send a message/order form emails will be sent to the company email listed above. One company email may be set up by us with 100MB of space and can be accessed at www.yourname.com/webmail if needed. The email will be This email address is being protected from spambots. You need JavaScript enabled to view it.. You will also have access to google.com/analytics and google.com/webmasters for your website, which both contain important web visitor and search engine statistics. This will enable you to track the effectiveness of your marketing campaigns.
Terms & Conditions
1. Payment
All monthly payments of $49.95 are made automatically after the initial payment is made at asberrywebservices.com. Hosting and design process will not begin until initial monthly payment is made. Balances at 7 days past due from the date of original invoice will result in the website being deactivated. The website will be reactivated once the past due payment is received. The name of the charge on your monthly bank statement will be 'ASBERRY SERVICES'.

2. Default in payment
The Broker shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs.

3. Changes
The Broker must assume that all additions, alterations, changes in content, layout or process changes requested by the customer will alter the time and cost. The Broker shall offer the Designer the first opportunity to make any changes.

4. Releases
The Broker shall indemnify the Designer against all claims and expenses, including attorney's fees, due to the uses for which no release was requested in writing or for uses that exceed authority granted by a release.

5. Modifications
Modifications of the terms of this contract must be written and authorized by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.

6. Uniform commercial code
The above terms incorporate Article 2 of the Uniform Commercial Code.

7. Code of fair practice
The Broker and the Designer agree to comply with the provisions of the Code of Fair Practice (which is in the Ethical Standards section of chapter 1, Professional Relationships).

8. Code of fair practice
The Designer warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Broker or others may make of the Designer's product that may infringe on the rights of others. Broker expressly agrees that it will hold the Designer harmless for all liability caused by the Broker's use of the Designer's product to the extent such use infringes on the rights of others.

9. Limitation of liability
Broker agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer's failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the Designer or Broker, any client representatives or employees, or a third party.

10. Dispute Resolution
Any disputes in excess of the maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney's fees, and legal interest on any award of judgment in favor of the Designer. All actions, whether brought by client or by designer will be filed in the designer's state/county of business/residence.

11. Acceptance of terms
The signature of both parties shall be evidence of acceptance of these terms.

I Agree to the above Terms and Conditions Yes
By checking this box, I affirm that I have read and agree to Asberry Web Services terms and conditions and the following statement: I authorize Asberry Web Services to charge me for the order total. I further affirm that the name and personal information provided on this form are true and correct. I further declare that I have read, understand and accept Asberry Web Services business terms as published on their website. By pressing the Submit Order button below, I agree to pay Asberry Web Services.



Sean Asberry
CEO/Founder
Asberry Web Services
1.800.691.3499 http://www.asberrywebservices.com
This email address is being protected from spambots. You need JavaScript enabled to view it.

DISCLAIMER:
Please note that all calls with the company may be recorded or monitored for quality assurance and training purposes.