BLB PHILIPPINE ACCESS SALES NETWORK

Unit 5, Building B, Escario Central Mall

Escario Street, Cebu City

This is to formalize my offer to render independent contractor services as AFFILIATED SALES DIRECTOR/SALES MANAGER/SALES AGENT to sell for BLB PHILIPPINE ACCESS SALES NETWORK (Philippine Access) under the following terms and conditions:

1. TERM

I will render and perform the services described below effective the date indicated in the system, unless my services are otherwise terminated pursuant to the provisions hereof.

2. SERVICE FEE

• a.) For and in consideration of my performance of the duties and responsibilities stated below, Philippine Access, may agree to pay me a service fee subject to a separate agreement governing the terms and conditions of Focus Group Members in the amount indicated therein, net of taxes and other lawful deductions, subject to sales quota also indicated therein.

  Philippine Access may stop granting said monthly service fee at any time during the effectivity of this agreement if the Performance Standards set forth in the attachment are, in the sole judgment of Philippine Access, not met. A review of my performance shall be undertaken by Philippine Access on a quarterly basis.

• b.) During the suspension of my monthly service fee, my sales organization will continue to operate, in which case, I will be entitled to my overriding commission. A make up performance standard shall be established by Philippine Access for me to regain entitlement of said monthly service fee.
• c.) I am entitled to a direct commission on my personal sales, release of which shall be in accordance with the prescribed policy of the Accrediting DEVELOPER/OWNER concerned on commission release milestone as follows:

• d.) In addition, I understand that adjustments in my service fees and position level may be implemented within the contract period, as per network policy. The system will automatically promote my ranking based on the total amount of direct commissions (DC) or overriding commissions (OC) from my downlines received by me, to wit:

• e.) I am entitled to a generation bonus of 1/5 of 20% of the Total Commissions of all my downlines up to the fourth level if my rank is below Sales Director. If I am promoted Sales Director in the system, I am entitled to the following overrides:

• f.) Should my downline be promoted Sales Director in the system, I shall be entitled to a royalty of 0.6% of the Total Commission of all sales closed by the new SD group up to infinity.
• g.) I shall also be entitled to a proportionate share of the company profit share pool depending on the total amount of sale I contributed to the company at the end of the year.
• h.) I shall also be entitled to the productivity bonus and provident fund based on the rules governing these incentives and appurtenances given by the company.
• i.) I understand that I must comply with the requirements of the company to be affiliated and maintain at least 1 million in sales to avail of all of the incentives and privileges above-mentioned and to maintain my active status in the company. This maintenance requirement will cease to exist in the event of death, of which all of my entitlements shall pass on to my heirs and successors in interest unless I am terminated for just cause.
• j.) I understand that starting May 9, 2023, the highest rank to offer in the system is Sales Manager level with the requirement of at least five minimum downlines upon entry.
• k.) For the NEW incoming members that were previous in-house sellers, they are entitled for a 60% personal commission.

3. MY DUTIES AND RESPONSIBILITIES

• a.) To promote and undertake the sale of projects/inventories of Accrediting Developers/Owners at such price, terms and conditions as may be prescribed by the OWNER/DEVELOPER. I understand that I am not authorized to give any special concession, preferences or rebates of any kind in favor of any party. Neither am I authorized to make any representation, promise, commitment or inducement except as authorized by Philippine Access.
• b.) To meet the Performance Standards as imposed by Philippine Access set forth on Focus Group Members guidelines if I am a member of the Focus Group.
• c.) To conduct myself professionally at all times in my dealings/transactions with the clients, colleagues and sales force members and to observe courtesy and honesty in all such dealings/transactions.
• d.) Any act of misrepresentation, misleading statements, misfeasance or misappropriation either by myself or any member of my sales organization shall not bind Philippine Access and/or the Accrediting OWNERS/DEVELOPERS. I understand that I shall be jointly and severally liable with my sales force member(s), and/or my other personnel for all monetary claims or damages arising from act(s) of misrepresentation, misleading statements, misfeasance or misappropriation. I shall not share my credentials in the system (username and password) to anyone and shall abide by the code of ethics governing the real estate practice as required by the Real Estate Service Act.
• e.) To sell only the projects/inventories of Philippine Access, Accrediting DEVELOPERS/OWNERS and to refrain from rendering, assisting, promoting or entertaining any real estate transaction(s) not declared under Philippine Access. In case of violation of this provision, Philippine Access may summarily terminate my services. In the event that I will find my own listings, this shall be registered to Philippine Access for proper inputting into its inventory database and for appropriate crediting of corresponding sale into my production requirement. The commission rates for brokerage transactions shall be based on the rate given by the seller and will be shared based on established sharing agreed between transacting brokers and myself. The share of the commission given to Philippine Access will form part of my sales production as basis for ranking promotion in the system and my proportionate share of the profit share.

  In case of violation of the provisions of Section 3, Philippine Access shall immediately terminate my services, with forfeiture of all amounts, benefits or commissions due to me as and by way of liquidated damages..

• f.) To follow all Accrediting DEVELOPERS/OWNERS and/or Philippine Access’ sales and marketing policies which may now or hereafter be implemented. I shall abide by the attached Terms and Conditions Governing the Sales Contractor’s Obligation and Authority which are incorporated here by reference and deemed a part of this offer. I understand and agree that the Sales Contractor mentioned in the said Terms and Conditions shall, for purposes hereof, be considered to refer to or include the undersigned.

  Management has the prerogative to revise the sales and marketing policies as it deems necessary at any time.

• g.) I acknowledge that I am an independent contractor and that I am not an employee of Philippine Access or of Accrediting DEVELOPERS/OWNERS. Philippine Access is interested only in the results obtained by me, and I have sole control of the manner or method of accomplishing these results.
• h.) I do not have any right, power or authority to create any contract or obligation, either expressed or implied on behalf of, in the name of, or binding upon Philippine Access or Accrediting DEVELOPERS/OWNERS, or to pledge Philippine Access’ credit, or to extend credit in the name of Philippine Access or Accrediting DEVELOPERS/OWNERS.
• i.) To follow the No Transfer Policy and One Account Policy in the system.

4. TERMINATION

• a.) This contract shall terminate upon the submission of a resignation letter by me or when I render myself inactive by not complying the maintenance sale of 1 million pesos in one year or or by not actively participating in any meeting or activity set forth by Philippine Access for a period of 6 months without valid cause.
• b.) I understand that the Contract may likewise terminate upon violation of any of the terms and conditions of the attached Terms and Conditions Governing the Sales Contractor’s Obligation and Authority.
• c.) Returnees that were previously terminated will be under the same line, new account, back to zero and the upline 1 will give the registration link.
• d.) If the SC returnee, is an orphan or a member without an upline, the SM will be the upline 1 and has to give registration link.
• e.) If the SM returnee is an orphan or a member without an upline, the SD will be the upline 1 and has to give registration link.
• f.) Terminated SD returnee will be under the new SD in the system of the same line and ranked as SM in the system.
• I have signed this offer with full acceptance and understanding of its terms.

TERMS AND CONDITIONS GOVERNING THE SALES CONTRACTOR’S OBLIGATION AND AUTHORITY

A. SALES CONTRACTOR’S OBLIGATIONS:

• 1.) All applications or reservations for the purchase of any realty unit in any of the projects accredited by BLB PHILIPPINE ACCESS SALES NETWORK (Philippine Access) received by the Sales Contractor (SC) shall be submitted to the appropriate accrediting Owner/Developer within one day from receipt thereof and uploaded in the system within 2 days from booking of the sale.
• 2.) All payments due to the accrediting Owner/Developer from buyers shall be made solely with its company cashier at its principal office, and the SC has no authority to receive such payments. In all cases, all checks, properties or securities delivered to the SC shall be held by him/her in fiduciary capacity until the same are delivered to the appropriate accrediting Owner/Developer. No part of these monies, properties or securities may be used by him/her for any purpose whatsoever and such receipt shall be reported and transmitted to the accrediting Owner/Developer in accordance with the latter’s instructions and rules and regulations, or in the absence of such instructions, immediately upon receipt thereof in the same condition as when received.
• 3.) The SC shall have no authority and shall not issue any official receipt of Philippine Access or any of its accrediting Owner/Developer for any payments made to him/her.
• 4.) 4. The SC shall not disclose to anyone either during or after the expiration of this contract any confidential information about Philippine Access or any of its accrediting Owner/Developer and its affiliates such as but not limited to salaries, allowances, trade secrets, business policies, business methods, forms, names or addresses of customers, or any other information acquired by him/her by reason of or in the course of the performance of his/her services under this Contract.

B. LIMITATIONS ON SALES CONTRACTOR’S AUTHORITY

• 1.) The SC has no power or authority other than as expressly granted herein or as expressly stated in Philippine Access’ circulars, policies, instructions or rules and regulations.
• 2.) The SC is not authorized to bind Philippine Access to any contract or agreement, of any kind whatsoever, nor has he/she any authority to make, alter, modify or discharge any contract, compromise or settle an account, extend credit, grant concessions, rebates or other preferences, or waive any forfeitures, or incur any liability or debt for or against Philippine Access.
• 3.) The SC shall not cause the publication of any advertisement pertaining to the organization, issue any circular or write any letter to any publication in behalf of Philippine Access without first obtaining the written approval of the latter.
• 4.) Forgeries, submission of fictitious business names or addresses on the acquisition of business through fraudulent means, or any act of dishonesty, are grounds for automatic termination of this Contract and of his/her service with Philippine Access and shall result in the forfeiture of all commissions, bonuses and other benefits that may be due the SC as and by way of liquidated damages, in addition to any and all other legal remedies available for Philippine Access to protect its interest and those of its buyers and accrediting Owners/Developers.

C. SALES CONTRACTOR’S EXPENSES, COSTS, ETC.

• 1.) All expenses for carrying out the functions of an SC under this Contract shall be for the account of the SC subject to Philippine Access’ exercise of its prerogative to provide whatever sales support it may deem necessary to all SCs.
• 2.) If any lawsuits shall be brought against Philippine Access as a consequence of any unauthorized action, contract, promise, representation or omission by the SC, the latter shall be held solely liable for any damage caused and he/she will hold Philippine Access free and harmless from, and/or indemnify Philippine Access for, all costs and damages that may arise therefrom.
• 3.) The SC hereby unconditionally authorizes Philippine Access to deduct and set off against any sum due him/her from Philippine Access any debt, obligation or liability due from, or owed by, the SC to Philippine Access or its affiliates and Philippine Access shall not incur any liability whatsoever for any deduction or set-off and the SC hereby releases or quitclaims Philippine Access for such liability, if any. This unconditional authority to deduct and set-off shall apply to all commissions or receivables of any nature whatsoever that may be due to the SC whether accruing prior to or after the termination of this Contract and his/her services with Philippine Access.

D. TERMINATION OF CONTRACT AND SERVICES

• 1.) Philippine Access has the right to terminate this Contract and the services of the SC upon occurrence of any of the following grounds/causes:
  • a.) The SC renders service as officer, employee, sales agent, promoter, broker, consultant, whether full time or part time and regardless of whether such services are paid or unpaid, for another real estate company or firm or any other business entity which in the sole judgment of Philippine Access is engaged in a business detrimental to the interests of Philippine Access;
  • b.) The SC fails to remit, or delays or is in delay in the remittance of payments, entrusted to him/her under this Contract;
  • c.) The SC is charged in court and convicted of any crime involving moral turpitude or gross dishonesty;
  • d.) The SC makes or renders any false statement or misrepresentation in his/her application for accreditation as SC;
  • e.) The SC acts beyond the scope of his/her authority as specified in the Contract, regardless of whether such an unauthorized act results in an actual loss or prejudice to Philippine Access;
  • f.) The SC commits any falsehood, omission or act that results or tends to result in the loss of trust and confidence, reposed on him/her by Philippine Access;
  • g.) The SC violates any of the terms and conditions contained in the Contract and/or any amendment thereto or any policy of Philippine Access, instructions, rules or regulations:
• 2.) Upon termination of this Contract in any of the above instances, all the rights of the SC under this Contract shall automatically cease, including but not limited to the right to receive any and all future commissions and other receivables due to the SC which are not accrued or earned at the time of termination of this Contract, unless terminated by death or non-compliance of the 1 year sales maintenance of which, active status may be reinstated any time as soon as the required sale is delivered.
• 3.) The Contract shall likewise terminate if the SC is found to be suffering from physical, emotional, psychological or mental condition or disability which, in the opinion of Philippine Access, will substantially prevent him/her from the efficient or effective performance of his/her duties hereunder.
• 4.) Written notice shall be given by Philippine Access to the SC prior to the termination of the Contract.

E. MISCELLANEOUS PROVISIONS

• 1.) There are no representations, arrangements or understanding, oral or written, among the parties hereto relating to the contract’s subject matter.
• 2.) The failure of Philippine Access to exact and require strict compliance on the part of the SC with the terms and conditions of the Contract, or any part thereof, shall not operate as a waiver of such terms and condition or as release of the SC from his/her obligations thereafter to strictly comply with the terms and conditions of the Contract.
• 3.) This Contract, being personal, is non-transmissible and non-assignable.
• 4.) Upon termination of the SC or his/her services, the SC shall, without necessity or demand, immediately return to Philippine Access any and all documents, sales materials, paraphernalia and other properties which he/she may receive from Philippine Access by reason hereof.