Gentlemen:

I/We hereby manifest my / our interest to be accredited as non-exclusive Sales Broker to sell Highlands Prime Inc. (HPI) / BELLE Corp. / Costa Del HamiloInc. projects.

1/ We am / are willing to undergo the regular sales briefing / seminars that HPI/BELLE/CDHI will conduct. Likewise, I/ We will follow the procedures and policies of HPI/BELLE/CDHI and such procedures and policies that HPI/BELLE/CDHI will set, from time to time, concerning the sales guidelines.

Furthermore, hereby commit to abide by, and/ 'or achieve the following as the basis of my accreditation:

 

 Abide by the Accreditation Agreement and Code of Ethics governing accredited Brokers of HPI/BELLE Corp./CDHI and its assigns:

 Attain the required sales production set by the management of HPI/BELLE Corp./CDHI and its assigns:

 Activity participants in all sales and marketing activities of HPI/BELLE Corp./CDHI and its assigns:

 

I understand that failure to satisfy any of the aforementioned conditions and any false statements / information herein may be fro HPI / BELLE Corp / CDHI and its assigns to disapprove
My application for accreditation.

 

INDIVIDUAL BROKERS (Sole Proprietor, Partnership)

Properly Filled-out and Signed Documents:
 BROKER APPLICATION FORM
 ACCREDITATION AGREEMENT
 BROKERS ACCREDITATION GENERAL POLICES

Submit a photocopy of the following requirements:
 REAL ESTATE BROKERS LICENSE (PRC & HLURB)
 BIR 2303 CERTIFICATE OF REGISTRATION
 PHOTOCOPY OF SAMPLE OFFICIAL RECEIPT
 1 VALID GOV’T ISSUED ID w/ PHOTO & SIGNATURE
 DTI REGISTRATION (Sole Proprietor)
 SEC REGISTRATION (Partnership)
 ARTICLES OF PARTNERSHIP (Partnership)

ID Pictures with White Background. Business Attire or with Collar:
 1 pcs. 2 x 2 ID PICTURES (201 File)

INSTITUTIONAL BROKERS (Corporation)

Properly Filled-out and Signed Documents:
 BROKER APPLICATION FORM
 ACCREDITATION AGREEMENT
 BROKERS ACCREDITATION GENERAL POLICES

Submit a photocopy of the following requirements:
 BIR 2303 CERTIFICATE OF REGISTRATION
 PHOTOCOPY OF SAMPLE OFFICIAL RECEIPT
 DTI REGISTRATION (Sole Proprietor)
 SEC REGISTRATION (Partnership)
 ARTICLES OF INCORPORATION & BY LAWS
 SECRETARY’S CERTIFICATE / BOARD RESOLUTION

FOR AUTHORIZED REPRESENTATIVE

Submit a photocopy of the following Representative
 REAL ESTATE BROKERS LICENSE (PRC & HLURB)
 BIR 2303 CERTIFICATE OF REGISTRATION
 1 VALID GOV’T ISSUED ID w/ PHOTO & SIGNATURE

ID Pictures with White Background. Business Attire or with Collar:
 1 pcs. 2 x 2 ID PICTURES (201 File)

 

HPI / BELLE / CDHI BROKER NETWORK – Broker Application Form version 1. 06/2020

CONDITIONS:

1. That Highlands Prime Inc. (HPI) or BELLE Corp. Costa Del Hamilo Inc. (CDHI) reserves the right to approve the Letter Offer/Term Sheet of any transaction resulting from our listing prior to presentation to a client for closing;

2. That the selling price is based on the current price list issued to you, subject to price increases from time to time without prior notice;

3. That the sale shall be made in accordance to the payment term/s designed and approved by Highlands Prime Inc. or BELLE Corp. and Costa Del Hamilo Inc. Receipt of cash payments is strictly not allowed.

4. That should the sale for all projects be consummated, an Institutional/Broker House or Individual Broker is entitled to a commission equivalent to FIVE PERCENT (5%) inclusive of VAT.

5. That the above-mentioned commission net of withholding tax shall be released only upon your compliance with the existing commission release policy of both HPI / BELLE Corp. and CDHI

6. That you are appointed as our NON-EXCLUSIVE Real Estate Broker to sell all HPI / BELE Corp. and CDHI projects which we are authorized to sell.

7. That your appointment is valid for Two (2) years from approval hereof, unless terminated for cause.

8. That you agree and will abide by all the rules and regulations of HPI/BELLE and CDHI as hereby attached in (Annex A) subject to change without prior notice.

TAGAYTAY HIGHLANDS / HAMILO COAST
10/F One E-Com Center Building
Sunset Drive, Mall Of Asia Complex
Pasay City



             SUBJECT :          LETTER OF INTENT – SALES BROKER

Gentelemen:

            I / We hereby manifest my / our interest to be accredited as non-exclusive Sales Broker to sell Highlands Prime Inc. (HPI) / BELLE Corp. / Costa Del Hamilo Inc. (CDHI) projects.

            I / We am / are willing to undergo the regular sales briefing / seminars that HPI/BELLE/CDHI will conduct. Likewise, I / We will follow the procedures and policies of HPI/BELLE/CDHI and such procedures and policies that HPI/BELLE/CDHI will set, from time to time, concerning the sales guidelines.

To assess my / our qualification, I / We have attached herewith the following requirements for accreditation:

 Photocopy of license as a real estate broker issued by PRC and HLURB
 Photocopy of BIR 2303 Certificate of Registration and Official Receipt
 Photocopy of at least (1) Government-issued ID w/ photo & signature
 One (1 pc.) 2x2 ID pictures (white background taken within last 3 months)

(For Broker Institutions Corporation, Partnership, and Association)
 Photocopy of Articles of Incorporation / By-Laws issued by SEC
 Notarized Secretary’s Certificate or Board Resolution Authorizing
Accreditation

Thank you and I / We look forward to working with your company.

 
Very truly yours,

General Policies Regarding Accreditation of Brokers

1. Prerequisites for Accreditation

Brokers who wish to be accredited by HIGHLANDS PRIME INC. (HPI) / BELLE Corporation and Costa del Hamilo Inc. (CDHI) for the purpose of marketing and selling units, lots or condominium units, and such other products resulting from HPI/BELLE/CDHI developments (collectively, "Tagaytay Highlands"" Hamilo Coast") must submit to HPI/BELLE Corp./CDHI through Broker Network Manager, the following requirements for accreditation:

1.1. Required documents for submission.  
    i. Photocopy of license as a real estate broker issued by PRC
    ii. Photocopy of Real Estate Broker's License ID issued by HLURB
    iii. Photocopy of Certificate of VAT Registration and proof of TIN
    iv. Photocopy of Passport or any 1 valid Government-issued ID
    v. Other documents that may be required by HPI/BELLE Corp.

Additional Documents for Broker Institutions whether Corporation/ Partnership/ Association:
   vi. One (1) pc. 2x2 ID pictures (white background taken within last 3 months
   vii. Photocopy of Certificate of Registration issued by SEC/DTI
   viii. Photocopy of Articles of Incorporation / By-Laws
   ix. Photocopy of Secretary's Certificate or Board/Partnership Resolution Authorizing Accreditation

1.2. An application letter, signifying therein the broker's undertaking to comply with these General Policies and the guidelines governing the sale of units or lots for each HPI/BELLE Corp/CDHI project which may be issued by HPI/BELLE Corp./CDHI from time to time, as well as such other policies, rules and regulations, which may be prescribed by HPI/BELLE/CDHI; and together with said application letter, an original of this document duly concurred and signed by the broker.

1.3. Notwithstanding complete submission of the foregoing requirements, a broker shall not be deemed authorized to market and sell lots or units in any HPI or BELLE and CDHI projects without the expressed written approval of the broker's application for accreditation by HPI/BELLE Corp./CDHI

1.4. A broker who has submitted the foregoing requirements to the satisfaction of HPI/BELLE/CDHI and whose application for accreditation has been expressly approved by HPI/BELLE Corp./CDHI in accordance with the Section 1.2, 1.3 and 1.5.

1.5. Any accredited broker may renew his/her accreditation with HPI/BELLE/CDHI upon the submission of updated copies of the foregoing requirements and any other documents required by HPI/BELLE Corp./CDHI from time to time. The renewal of the broker's accreditation shall be effective only upon the expressed written approval of HPI/BELLE Corp./CDHI

2. Properties Offered

Brokers shall be advised of such projects/ properties, which they may offer for sale on a first-come-first serve basis in accordance with the relevant guidelines governing sale of lots or units for each project. The accreditation of the broker is not a blanket authority to sell any and all units or lots in all HPI/BELLE/CDHI projects. HPI/BELLE/CDHI reserves the right to restrict or limit the sale or selling activities to be conducted by a broker or brokers to selected HPI/BELLE/CDHI projects of which the broker shall be advised from time to time.

3. Price and Terms of Payment

Prices and terms of payments applicable to the sale of units, lots or club shares in all HPI/BELLE/CDHI projects shall be advised to accredited brokers from time to time. Prices and terms of payment are subject to change without prior notice. Accredited Brokers should contact HPI/BELLE Corp./CDHI from time to time to be updated of any new developments on the project and the units or lots therein, particularly changes in available inventory and prices, if any.

4. Basis of Allocation of Units / Lots / Club Shares

4.1 The Broker shall make unit reservation thru the Sales Operation Group either by phone, SMS or email. Details of check or payment should be disclosed in order to reserve the unit.

4.2 Reservation Fee/Check shall be transmitted within the day or the following working day at most together with all required documents for the booking of sale.

4.3 Prior reservation of units or lots in HPI/BELLE/CDHI projects or registration of buyers will not be honored unless the reservation fee / deposit is paid by the buyer. For this purpose, if payment were to be made in the form of a check, only cleared check(s) issued by the buyer shall be honored. Brokers' check shall not be honored.

4.4 Allocation of units, lots or club shares will be made on a first-come-first-serve basis to be determined based on the time at which the buyer remits the reservation fee / deposit.

5. Commission

5.1 Brokers Entitlement to Commission

    5.1.1 The broker hereby agrees to comply with the client registration policy of HPI/BELLE/CDHI for the purpose of crediting to the broker all sales, which have been initiated by the latter. Failure by the broker to comply with said client registration policy shall be a ground for non-crediting of sales and commissions at the sole discretion of HPI/BELLE./CDHI

    5.1.2 The name of the buyer in the registered sale of HPI/BELLE/CDHI should be the same name registered by the broker claiming for commission.

    5.1.3 HPI/BELLE/CDHI shall recognize the broker who delivers the buyer's check and has prior registration of the buyer together with a duly accomplished reservation agreement signed by both buyer and the broker in order to recognize the broker as entitled to the commission pertaining to the sale. A broker cannot claim credit for the sale of a unit, lot or club share once buyer's check has been accepted directly by HPI/BELLE and CDHI unless there is prior registration of the client.

5.2 Basis for Computation of Commission Commission shall be based on the selling price of the project/property. Selling price is defined as the contract price of the Project/Product, exclusive of Philippine Value-Added Tax and Net of the cost of Club Shares. In the case of BELLE, Club shares are commissionable.

All taxes accruing on the receipt by an accredited broker of the commission which may be due to said broker's account, shall be subject to payment of creditable withholding tax (CWT The broker authorizes HPI/BELLE and CDHI to withhold the corresponding creditable withholding tax due on the commission and to remit the same to the Bureau of Internal Revenue or its successor agency.

The following amounts are not considered as part of the selling price for the purpose of determining the commission:

i.   Amount received as interest, penalty or liquidated damages under the relevant           terms of agreement;
ii.   Amount received as forfeitures, indemnities or damages arising out of a breach         of the terms of sale, by the client, whether such amount is received as a result of        litigation of its claim or in settlement or compromise thereof, or otherwise; 
iii.   Registration fees, documentary stamp tax, transfer fees and other costs and               expenses to be incurred in the registration of the title under the name of the             client; 
iv.   Dues, charges, assessments or other amount collected for the use, repair,                  maintenance or operation of the utilities or facilities intended for the common            use of the client/purchaser to which the project/product pertains, or for payment        to the government or other parties;
v.   Amounts received as intended for Proprietary share or playing rights.
vi.   Furniture and Fixtures, in the case of a fully furnished units, unless expressly             stated otherwise.

5.3. Conditions of Release

5.3.1  The broker shall only be entitled to payment of commission upon submission/compliance of the following to HPI/BELLE/CDHI:

• Buyer's payment milestones illustrated below:
  i.   Five percent (5%) of the Contract Price constitutes release of the 1st twenty five percent (25%) of the Broker's commission;
  ii.   Ten percent (10%) of the Contract Price constitutes release of 2nd twenty five percent (25%) of the Broker's commission;
  iii.   Twenty percent (20%) of the Contract Price constitutes release of the remaining fifty percent (50%) commission;

5.3.2   The broker must deliver the cash or checks payable to HPI/BELLE/CDHI covering the Contract Price, payment for Value Added Tax, registration and transfer fees and other charges in connection with the sale including all required documents from clients duly accomplished.

5.3.3   Incase of payment in checks, it will only be considered as payment once the check payments are cleared by the bank. Mere acceptance and deposit of checks by HPI/BELLE/CDHI shall not be construed as payment;

5.3.4   Submission of signed Contract to Sell or Deed of Sale, as the case may be;

5.3.5   Submission of all required checks or post-dated checks;

5.3.6   Buyer's compliance with Club Membership Requirements or Membership Undertaking and approval of membership application.

5.3.7   Upon release of the commission, accredited brokers shall be required to issue in favor of HPI/BELLE/CDHI a receipt or invoice duly registered with the Bureau of Internal Revenue indicating therein the Taxpayer's Identification Number and VAT-registration number of said accredited broker.

5.4 Conflict of sale

5.4.1   Where two or more buyers / brokers are physically present at the office / premises of HPI/BELLE Corp. and CDHI for the purpose of remitting a payment for the same unit or lot, and said buyers/brokers have the following requirement at hand:

a. Check ready for deposit within the day.
b. Signed reservation agreement
c. Signed payment schedule
d. Valid ID

Priority will be determined by the time they have registered the buyer to the Sales Operations Group. First to reserve will be given priority. The time of actual arrival of a buyer or broker at the HPI/BELLE/CDHI office before the start of business hours shall not indicate priority.

5.4.2   The broker hereby agrees to comply with the client registration policy of HPI/BELLE/CDHI for the purpose of crediting to the broker all sales, which have been initiated by the latter. Failure by the broker to comply with said client registration policy shall be a ground for non-crediting of sales and commissions at the sole discretion of HPI/BELLE/CDHI.

5.4.3   In case of a dispute, HPI/BELLE/CDHI reserves the right to withhold any commission payments until after an investigation and arbitration shall have been conducted and all claimants have been afforded an opportunity to be heard. A decision or resolution by HPI/BELLE/CDHI on the issue of entitlement and payment of commission shall be deemed final and executory and thus binding on all claimants.

6. Broker's Duties and Responsibilities

6.1. Sales Related

6.1.1 Brokers should duly inform their respective prospective buyers of the terms and conditions of the sale, as contained in the relevant sales agreements for a particular HPI/BELLE/CDHI project, the covering deed of restrictions, or master deed for a particular project and other policies that may be relevant to the purchase of HPI/BELLE/CDHI projects In this connection, the broker shall be responsible for the site tripping transportation outside Tagaytay Highlands, obtaining updates and other information from the Broker Network Manager as well as new developments on the projects particularly changes in available inventory and prices, if any.

6.1.2 Submission to HPI/BELLE/CDHI of all pertinent information on the buyer and documents required to effect the sale and registration thereof shall be the responsibility of the broker. The broker shall render full assistance and service in concluding sales to the point where reservation and full down-payments are collected, reservation document and contract to sell duly signed, post-dated checks delivered, and executive of other requirements necessary for HPI/BELLE/CDHI to be able to legitimately book the transaction as a sale.

6.1.3 It shall be the duty and responsibility of a broker to ensure that payment on the sale of the units, lots or club shares facilitated by said broker are made to HPI/BELLE/CDHI on their actual due dates, including payment of VAT, transfer tax, registration expenses, documentary stamp tax and other fees and expenses on the sale and registration thereof, as well as association dues, interest and penalties, real property tax and other related fees and expenses the payment for which may be advanced by HPI/BELLE/CDHI as its sole option.

6.1.4 The Broker shall provide HPI/BELLE/CDHI a list of its agents who will be assigned and service the project.

7. Brokers' Behavior and Prohibited Acts

7.1 Accreditation with and by HPI/BELLE/CDHI is a privilege granted by HPI/BELLE, which can be withdrawn at any time at the discretion of HPI/BELLE/CDHI. Accredited sales agents are therefore expected to act with utmost integrity and professionalism, always upholding the interest of HPI/BELLE/CDHI above their own.

7.2 Brokers are strictly prohibited from advertising or publishing in magazines, newspaper, radio, television, or any form of media any information regarding HPI/BELLE projects or the sale of units, lots or club shares therein without prior written approval of HPI/BELLE/CDHI. All expenses for advertisement, when approved by HPI/BELLE/CDHI shall be for the sole account of the broker.

7.3 Accredited brokers are strictly prohibited from soliciting business from direct clients of HPI/BELLE/CDHI (a client is considered a direct client / buyer upon submission of the reservation agreement that states they do not have a broker In this regard, the broker shall exert reasonable effort to verify or ascertain from HPI/BELLE/CDHI as to the status of his/her client.

7.4 A broker may, however, be recognized as the official representative of an existing HPI/BELLE/CDHI buyer for any succeeding purchases (whether in the same project or a direct one) provided that he/she is given due recognition by the buyer as indicated in the reservation agreement. In the same light, a broker's recognized client for one sale may become a direct buyer of HPI/BELLE/CDHI for any succeeding sales should the client feel it to be in his/her best interest to do so. Any violation of this prohibition shall be a ground for the automatic cancellation of the erring broker's accreditation including forfeiture of any unreleased commissions.

7.5 Brokers are strictly prohibited from loitering in the project sites or staying in the project sites for extended periods without any official business.

7.6 Brokers are strictly prohibited from offering rebates to their prospective clients.

8. General Provisions

a.   Any violation of the General Policies set forth herein, the guidelines governing the sales of HPI/BELLE/CDHI products for each HPI/BELLE/CDHI project, and such other policies, rules and regulations which may be prescribed by HPI/BELLE/CDHI from time to time, and the commissions of such acts or deed as may, in the reasonable judgment of HPI/BELLE/CDHI, be detrimental to the interest of HPI/BELLE/CDHI, shall be a ground for the automatic cancellation of the erring broker's accreditation including the forfeiture of commissions in favor of HPI/BELLE/CDHI, without prejudice to the right of HPI/BELLE/CDHI to pursue such other remedies to which it may be entitled in law and equity.

b.   HPI/BELLE/CDHI reserves the right to cancel at any time the accreditation of a broker or any other authorization granted thereto by giving prior written notice of such withdrawal.

c.   Pursuant to item 4 above, HPI/BELLE/CDHI reserves the right to refuse to sell units, lots, and club shares to a buyer who is referred by a broker for any reason whatsoever.

d.   Each broker shall hold HPI/BELLE/CDHI free and harmless from any action or claim, which may be brought by any person or entity against said broker of such action or claim is due to, caused by or arises out of an act, misrepresentation, fault or negligence of the broker.

e.   Any of the foregoing terms and conditions may be amended, revised, or modified by HPI/BELLE/CDHI from time to time, of which amendments, revisions or modifications the broker shall be notified and shall be deemed to be bound thereby.

NON-DISCLOSURE AGREEMENT

Pursuant to my obligations under the applicable laws and regulations as sales broker of [BELLE CORPORATION / HIGHLANDS PRIME INC AND COSTA DEL HAMILO INC.] (Hereinafter referred to as the “Company”), I hereby voluntarily and unconditionally agree to execute this Non-Disclosure Agreement (“Agreement”) and comply with the following terms and conditions:

1. That in connection with or during the course of my engagement with the Company, there may be disclosed to or accessed or obtained by me, or I may have access to, certain trade secrets of the Company and other confidential information (hereinafter collectively referred to as “Confidential Information”), including but not limited to:

1. Technical information, which refers to methods, processes, formulae, compositions, inventions, machines, computer programs and research projects.
2. Business information, which refers to customer lists; pricing data sources of supply; marketing, production, or merchandising systems or plans; and all information or material that has or could have commercial value or other utility in the business of the Company.
3. Personal Information, which refers to any information, whether recorded in a material form or not, from which the identity of an individual (“Data Subject”), including but not limited to the Company’s applicants, employees, officers, directors, consultants, clients, customers, suppliers, service providers and partners, is apparent or can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify such individual.

This includes but is not limited to such individual’s name, race, ethnic origin, age, place and date of birth, citizenship, residence or office address, contact info (phone and/or email address), marital status, name of spouse and/or child/children/dependents, if any, name of parents, physical attributes or identifying marks, occupation, religious, philosophical or political affiliations, education, health, previous or current health records, criminal background or any proceeding for any offense or court sentences, social security numbers, Phil Health number and details, Pag-Ibig number and details, Tax Identification No. and details, tax returns, licenses or its denials, suspension or revocation, or any similar information or data protected under the Republic Act No. 10173, otherwise known as the Data Privacy Act (“DPA”), and applicable laws and regulations, including but not limited to Personal Information, Sensitive Personal Information and Privileged Information as defined under the DPA.

2. That I shall not during, or at any time after the end of my engagement with the Company, use, copy or process for myself or for others, or disclose or divulge to others, any Confidential Information. I shall operate, hold and maintain Confidential Information under strict confidentiality during, or at any time after the end of my engagement with the Company. That I shall strictly comply with any and all applicable laws and rules, including but not limited to the DPA, as well as any policy, measures, rules and regulations of the Company implementing such applicable laws and rules. I understand and agree that the Company shall have no liability for any of my acts or omissions which may be in violation of such applicable laws and rules as well as the company rules.

3. That upon the end of my engagement with the Company, or upon request by the Company, I shall immediately return to the Company all documents containing confidential Information and all documents relating to the Company or any Data Subjects (hereinafter collectively referred to as “Confidential Documents”), including but not necessarily limited to: drawings, blueprints, reports, manuals, correspondence, customer lists, computer programs, and all other materials and all hard, soft, manual, paper and electronic copies of such Confidential Documents or any and all documents or materials relating in any way to the Company's business or to a Data Subject, or any documents or materials in any way disclosed to, or obtained or accessed by, me during the course of my employment or contractual relationship with the Company. I further agree that I shall not keep or retain any copies of the foregoing, whether hard, soft, manual, paper or electronic copies.

4. This Agreement shall be binding upon me and my personal representatives and successors in interest, and shall inure to the benefit of the Company, its successors and assigns.

5. In the event of any breach of this Agreement or my failure to comply with any and all provisions contained in this Agreement, the company rules, and the applicable laws and rules, the Company shall have full rights to injunctive relief, in addition to any other existing rights, without requirement of posting bond.

6. I shall indemnify the Company against all penalties, fines, damages and loss, including attorney’s fees, howsoever incurred or sustained by or imposed on the Company, as a consequence of or arising from my breach of or my failure to comply with any and all of the provisions contained in this Agreement, the company rules and the applicable laws and rules.

7. Any delay, forbearance or neglect on the part of the Company to enforce any or all of the provisions of this Agreement and any or all rights in respect thereto shall not be construed as a waiver of such provisions and rights, and shall not preclude the Company from exercising the same or any other right under this Agreement.

8. If any provision contained in this Agreement shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the unenforceability of any provision to this Agreement shall not impair or affect the validity, legality and enforceability of any other provision.

 

SIGNED IN THE PRESENCE OF:

 

 

REPUBLIC OF THE PHILIPPINES }
                                              } S.S.

BEFORE ME, a Notary Public for and in ____________________, this _____ day of_____________, personally appeared ___________________________, with ID No. ________________, issued at ___________________, on ___________________, known to me and by me known to be the same person who executed the foregoing Non-Disclosure Agreement consisting of ____ (___) pages, including this page on which the acknowledgement is written, and they acknowledged to me that the same is his free and voluntary act and deed.

WITNESS MY HAND AND SEAL this on the date and the place above written.

                                                                                                NOTARY PUBLIC

Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______.