St. Kitts & Nevis Sotheby's International Realty Referral Program
The following terms and conditions apply to the Referral Program (“Program”) offered by St Kitts & Nevis Sotheby’s International Realty (“Company”) to co-brokers in the real estate industry (“Referring Broker”) and to Referring Vendors (either referred to herein as “The Referring Party”) who pre-register potential customers with the Company. By participating in the Program, Referring Broker agrees to be bound by the terms and conditions set forth below.
- Eligibility: The Referring Party can be a licensed real estate professional; if so, they must be in good standing and must comply with all applicable laws and regulations.
- Referral Agreement and Pre-Registration of Customer: In order for the Referring Party to be eligible for a commission on a closed transaction with the Company, the Referring Party sign a Broker Referral Agreement or Vendor Referral Agreement with the Company (which incorporates all the terms and conditions herein) and provides notice to the Company of the potential customer prior to the customer contacting the Company directly. That Referral Agreement will specify the commission that the Referring Party will receive in the event of a closed transaction with the Company. Separate and unique notice to the Company must be completed for each potential customer.
- Commission: The Referring Party may be eligible to receive a commission on a closed transaction with the Company for each referred customer for which notice has been received by the Company and for which an appropriate Referral Agreement is in place for the Referring Party. The commission will be agreed upon by SKN SIR and the Referring Party in writing in the Referral Agreement prior to the referral being made and will be based on the final commission earned by the Company on the closed transaction.
- Referral Process: The Referring Party must pre-register the potential customer with the Company by submitting the customer’s information to the Company in writing via email or other means agreed upon by the SKN SIR and the Referring Party. Such notice must be received by the Company to be valid. The potential customer must not have had any prior contact or relationship with the Company.
- Payment: Referral fees will be paid within 30 days of the Company receiving payment for the closed transaction.
- Exclusions: Commission will not be paid for referrals that are made after a customer has already contacted the Company directly or for customers who have already been in contact with or has a relationship with the Company with respect to the subject property or any other property.
- Termination: The Company reserves the right to terminate the Program or any other Referral Agreement at any time and for any reason. The Referring Party may also terminate this Agreement at any time by providing written notice to the Company, which termination shall cancel the Referring Party’s right to any share commissions.
- Limitation of Liability: The Referring Party acknowledges and agrees that the Company will not be liable for any damages (real or consequential), including but not limited to lost profits arising from or related to Referring Party’s participation in the Program.
- Confidentiality: The Referring Party agrees to keep all customer and transaction information relating to a Referral Agreement and notice of a potential customer confidential and to not disclose any such information to any third party without the express written consent of the Company.
- Governing Law: This Agreement will be governed by and construed in accordance with the laws of St Kitts and Nevis.
- Entire Agreement: The Referral Program Agreement constitutes the entire agreement between the SKN SIR and the Referring Party and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
By executing a Referral Agreement under the Program, the Referring Party acknowledges and agrees to be bound by the terms and conditions of the Program.