BROKER-SALESPERSON AGREEMENT. THIS AGREEMENT, made this day of,, by and between, Broker, hereinafter referred

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1 BROKER-SALESPERSON AGREEMENT THIS AGREEMENT, made this day of,, by and between, Broker, hereinafter referred to as Broker, and, hereinafter referred to as Salesperson, for and in consideration of their mutual premises and agreements and for their mutual benefits. WITNESSETH: WHEREAS, said broker is now, and has for many years, been engaged in business as a general real estate broker in the City of Crossville and County of Cumberland and State of Tennessee, and is qualified to and does operate a general real estate business and is duly qualified to and does procure the listings of real estate for sale, lease or rental and prospective purchasers, lessees and renters thereof and has and does enjoy the good will of, and a reputation for fair dealings with the public, and WHEREAS, said Broker maintains an office in said County of Cumberland, properly equipped with furnishings and other equipment necessary and incidental to the proper operation of said business, and staffed with employees, suitable to serving the public as a real estate broker, and WHEREAS, said salesperson is now engaged in business as a real estate salesperson, and does enjoy a good reputation for fair and honest dealing with the public as such, and WHEREAS, it is deemed to be to the mutual advantage of said Broker and said Salesperson to form the association hereinafter agreed to under the terms and conditions hereinafter set out, NOW, THEREFORE, for and in consideration of the premises and of the mutual covenants hereinafter contained, it is mutually agreed as follows: 1. Broker agrees to make available to the Salesperson all current listings of the Office, except such as the Broker for valid and usual business reasons may place exclusively in the temporary possession of some other Salesperson, and agrees, upon request, to assist the Salesperson in his work by advice and instruction and agrees to provide full cooperation in every way possible.

2 2. Broker agrees that the Salesperson may share with other Salespersons all the facilities of the Office now operated by said Broker in connection with the subject matter of this contract, which office is now maintained at, Crossville, Tennessee. The Salesperson agrees that they will supply their own personal materials such as staplers, business cards, tape, note pads, pens, pencils, etc. 3. Salesperson agrees to work diligently and with his best efforts to sell, lease or rent any and all real estate listed with the Broker, to solicit additional listings and customers of said Broker, and otherwise promote the business of serving the public in real estate transactions to the end that each of the parties hereto may derive the greatest profit possible. 4. Salesperson agrees to conduct his business and regulate his habits, so as to maintain and to increase the good will and reputation of the Broker and the Salesperson, and the parties hereto agree to conform to and abide by all laws, rules and regulations, codes of ethics, and policy and procedures manual that are binding upon or applicable to real estate brokers and real estate salespersons. 5. The commissions to be charged for any services performed hereunder shall be those determined by the Broker, and the Broker shall advise the Salesperson of any special contract relating to any particular transaction which he undertakes to handle. When the Salesperson shall perform any service hereunder, whereby a commission is earned, said commission shall when collected, be divided between the Broker and Salesperson, in which division the Salesperson shall receive a proportionate share as set out in the rider attached headed "Commission Schedule" and the Broker shall receive the balance. In the event of special arrangements with any client of the Broker or the Salesperson on property listed with the Broker or controlled by the Salesperson, a special division of commission may apply, such rate of division to be agreed upon in advance by the Broker and the Salesperson. In the event that two or more Salespersons participate in such a service, or claim to have done so, the amount of the commission over that accruing to the Broker shall be divided between the participating salespersons according to agreement between them or by standards set out in the policy and procedures manual. In no case shall the Broker be personally liable to the Salesperson for any commissions, nor shall said Salesperson be personally liable to said Broker for any commissions, but when the commission shall have been collected from the party or parties for whom the service was performed, said Broker shall hold the same in trust for said Salesperson and himself to be divided according to the terms of this agreement. 6. The division and distribution of the earned commissions as set out in paragraph 5 hereof, which may be paid to or collected by either party hereto, shall take place as soon as practicable after collection of such commissions from the party or parties for whom the services may have been performed, provided however, that the Salesperson has performed their duties as it relates to that transaction. The Salesperson also agrees that if he has a balance on his account with Broker that commissions may be retained by Broker for payment of that account. The amount of that payment shall not exceed the amount due to Broker.

3 7. The Broker shall not be liable to the Salesperson for any expenses incurred by the Salesperson, nor for any of his/her acts. The Salesperson shall not be liable to the Broker for office help or expense. The Salesperson shall have no authority to bind the Broker by any promise or representation, unless specifically authorized in a particular transaction. The Salesperson shall not give any statements on behalf of Pioneer Realty, Inc. or any of its management or staff. The Broker shall not be responsible for negligent or unlawful acts of the Salesperson. In case of negligence or unlawful acts by the Salesperson, the Salesperson will be solely responsible for any expenses or attorney s fees related to it. Suits for commissions shall, agreeable to the law, be maintained only in the name of the Broker, however any costs incurred in such suit will be split by the same percentages as the Broker and Salesperson participated or would have participated in the commission. 8. The Salesperson is responsible for insuring that the Broker has copies of all correspondence, memos, records, forms, etc. on all transactions in which the Salesperson is involved. The Salesperson shall maintain the confidentiality of any information in all transactions. The Broker and the Salesperson agree that any suits filed against them shall be deemed to be confidential and that the suit will not be discussed with other salespeople or other brokers. The Broker and Salesperson also agree that any cost incurred in such suit shall be split by the same percentages as the Broker and Salesperson participated or would have participated in the commission. As previously stated in paragraph 7, the Salesperson shall be solely responsible for any cost for any criminal, unlawful, negligent or unethical acts. 9. The Salesperson shall be deemed to be an independent contractor and not a servant, employee, or partner of the Broker. The Salesperson shall not be treated as an employee with respect to the services performed hereunder for federal tax purposes. 10. Salesperson shall furnish his own automobile and pay all expenses thereof and Broker shall have no responsibility therefor. Salesperson agrees to carry public liability insurance upon his automobile. Broker suggests minimum limits of $100,000 for each person and $300,000 for each accident and with property damage limit of $100,000, but not mandatory. However, the Broker does require minimum limits of $50,000 for each person and $100,000 for each accident. 11. This contract and the association created hereby may be terminated by either party hereto, at any time upon notice given to the other; but the rights of the parties to any commissions which accrued prior to said notice, shall not be divested by the termination of this contract, except that the commission of said salesperson on transactions in process, but not closed, may be subject to deductions for necessary customer service, clerical and administrative work which will be carried out at the discretion of the Broker. 12. The Salesperson shall not, after the termination of this contract, use to his/her own advantage, or the advantage of any other person or corporation, any information gained for or from the files or business of the Broker. Any and all notebooks, forms, literature, keys, computer programs and/or licenses paid by the Broker, etc. are to be returned to the Broker. Listings are the property of the Broker and as such will remain the property of the Broker until expiration.

4 13. This agreement shall be binding upon and the benefits shall inure to the heirs, successors and assigns of the parties hereto. 14. This agreement shall be governed by the laws of the State of Tennessee. 15. This agreement is personal to the parties hereto and may not be assigned, sold or otherwise conveyed by either of them. 16. The failure of any party hereto to enforce at any time any of the provisions or terms of this agreement shall not be construed to be a waiver of such provision or term, nor of the right of any party thereafter to enforce such term or provision. 17. This agreement constitutes the entire agreement between the Broker and Salesperson, and that there are no agreements or understandings concerning such agreement which are not fully set forth herein, or stated within the Broker's Policy and Procedures Manual. 18. If any provision of this agreement is invalid or unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent of this agreement. 19. Salesperson further agrees that should an immediate family member be affiliated in any way with another real estate company that they will notify Broker and understand that it may be cause for Broker to terminate this agreement. IN WITNESS WHEREOF, the parties hereby have signed or caused to be signed, these presents this day of,. BROKER SALESPERSON

5 Commission Schedule A. LISTING COMMISSION 1. In House Sale: The Listing Agent will receive 20% of the Office Commission. If the Listing Agent is a member of the Trailblazer s club or starting with the next transaction after the Listing Agent becomes a Million Dollar Producer each year, he/she will receive 25% of the Office Commission. 2. Co-Broke Sale: The Listing Agent will receive 50% of the Office Commission. The Listing Agent will receive 40% of the Office Commission if there is a Co-Show Fee. B. SALES COMMISSION 1. In House Listing: The Sales Agent will receive commission as follows: Total YTD Commission Paid to Agent Commission % Up to $7, % of Office Commission $7, to $12, % of Office Commission $12, to $25, % of Office Commission If the Sales Agent is a member of the Trailblazer's Club, he/she will receive 35% of the Office Commission until the agent reaches $12, in total YTD commission paid to agent. All Commission % Increases start with the next transaction after the YTD Commission goals are reached. 2. Co-Broke Sale: The Sales Agent will receive 50% of the Office Commission. C. INCENTIVE PROGRAM Top Producers have always been a part of Pioneer Realty s success. To maintain the highest caliber of Top Producers we have initiated an incentive program. Through this incentive program, the agent can obtain increased commission percentages on the listing or sales side and, in some instances, even on both. Total YTD Commission Paid to Agent Commission % $25, to $75, % Increase to Agents Commission $75, & Up 5% Increase to Agents Commission When an agent reaches $25, in total YTD commission paid to agent, the agent must declare which side of the commission their 5% increase will be added. This will happen again when an agent reaches $75, When an agent declares which side the increase will be on, the increase will remain on that side of the commission until the end of the year. All Commission % Increases start with the next transaction after the YTD Commission goals are reached. D. REFERRAL FEES PAID TO OTHER REAL ESTATE FIRMS All referrals fees are taken off the top of the Gross Commission and the balance of the commission is then split normally. E. AWARD & BONUS PROGRAMS From time to time Award or Bonus Programs may be available to agents. These programs are at the discretion of the Broker and will be according to guidelines he sets out. Initialed by agent acknowledging reading this.