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Loan Commission Agreement
"Need a Loan Commission Agreement for our mortgage brokerage firm that includes a tiered commission structure based on loan volume and specific clawback provisions for loans that default within the first six months of 2025."
1. Parties: Identification of the lender and commission recipient
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including loan types, commission basis, and payment periods
4. Commission Structure: Detailed breakdown of commission calculations and payment terms
5. Payment Terms: Timeline and method of commission payments
6. Obligations of Parties: Responsibilities of each party under the agreement
7. Term and Termination: Duration of agreement and termination conditions
8. Representations and Warranties: Legal assurances and statements of fact from both parties
9. Compliance Requirements: Regulatory compliance obligations and requirements
10. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Non-Compete: Restrictions on working with competitors (include when protecting business interests is crucial)
2. Clawback Provisions: Terms for recovering commissions in specific circumstances such as early loan repayment or default
3. Training Requirements: Mandatory training or certification requirements for commission eligibility
4. Exclusivity: Terms regarding exclusive rights to certain loan types or territories
5. Dispute Resolution: Specific procedures for handling disputes between parties
1. Schedule A - Commission Rate Schedule: Detailed breakdown of commission rates by loan type and amount
2. Schedule B - Required Licenses: List of required licenses and certifications
3. Schedule C - Compliance Procedures: Detailed compliance requirements and procedures
4. Schedule D - Reporting Templates: Standard forms for commission reporting and tracking
5. Schedule E - Territory Definition: Geographic areas or market segments covered by the agreement
Authors
Applicable Law
Business Day
Commission
Commission Rate
Confidential Information
Effective Date
Eligible Loan
Funded Loan
Initial Term
Intellectual Property Rights
Lender
Loan Application
Loan Documents
Loan Officer
Loan Origination
Material Breach
Payment Period
Performance Metrics
Referral Source
Regulatory Requirements
Services
Term
Territory
Transaction
Payment Terms
Performance Requirements
Licensing and Compliance
Confidentiality
Non-Solicitation
Non-Competition
Representations and Warranties
Term and Termination
Clawback Rights
Reporting Requirements
Record Keeping
Regulatory Compliance
Dispute Resolution
Indemnification
Force Majeure
Assignment
Amendment and Modification
Governing Law
Notices
Entire Agreement
Severability
Independent Contractor Status
Insurance Requirements
Audit Rights
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