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Global® JV-NCND-FEEA - Buyer Agent and or Seller Agent
Please provide all required details to register your business or as an individual with us and we will send you a JV Partnership Agreement with Global **Please note, we only handle all exclusive deals, if you are offering properties to us, they must be all exclusive and direct with the seller, and off market, we do not accept deals that are passed off to other platforms or other parties not listed on this form** once you complete and sign this form, we will send you to our current inventory of Private off market listings.
Business Owner (Primary)
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First Name
Last Name
Business Name
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Contact Number
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+Country Code
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Area Code
Phone Number
E-mail
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example@example.com
Address
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Street Address
Street Address Line 2
City
State / Province
Postal / Zip Code
Type of Business
Please Select
Broker
Agent
Attorney
Investing Firm
Private Investor
Venture Capitalist
Individual Investor
Others, please specify below.
Others
Please include the FEE structure, what percentage you want and what percent Global will get on the split of acquisition fees, And who pays the fee, the buyer or seller for acquisition fees? If you are the Seller or Seller Rep please provide an average fee percent you charge for acquisition.
**Please note that the buyer will be required to sign our NCND as well as providing POF and Loi for the financials. **
List any parties that should be in this contract including their Name, Telephone number, Company name and email *
**Please note, we only handle all exclusive deals, if you are offering properties to us, they must be all exclusive and direct with the seller, and off market, we do not accept deals that are passed off to other platforms or other parties not listed on this form**
Global Security: As a part of our efforts to ensure that Global security efforts are in place and to stamp out fraudulent and time consuming transactions, Global is required to verify your identity. For most, this process is automatic However, in some cases you will need to upload the following to help verify your identity:A clear picture of your current, valid, government-issued photo ID, Federal ID, Military ID or Government issued Passport.
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If you are a Lic. Broker only, please upload your broker Lic. or Cert.
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Joint Venture Partnership Agreement, Mutual Non-Circumvention & Non-Disclosure Agreement And Commission Agreement: Between Global Investments,referred to as Global and Agencies referred to asThe Agencies This Non-Circumvention Non-Disclosure Agreement (the “Agreement”) is entered into and made effective as of the date of the last signature on this agreement or the date Confidential Information (as defined herein) is first exchanged, whichever first occurs (the “Effective Date”) by and between Agencies identified below as Agencies And Global Investments 1712 Pioneer Ave Suite 464 Cheyenne, WY 82001 UNITED STATES,, The Agencies are entering into this Agreement on their own behalf and on behalf of their respective partners, shareholders, members, managers, directors, principals, employees, representatives, Buyers Agent Representative s, attorneys, successors and assigns (as applicable). Agencies may each be referred to as a “Agency,” and may be referred to collectively as the “Agencies.” Each Agency may also be a disclosure and/or a recipient of Confidential Information (as defined below) and, consequently, each Agency may also be referred to as a “Disclosure” or as a “Recipient.” NOW THEREFORE, for and in consideration of the foregoing recitals and the mutual covenants, terms, conditions and agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Agencies hereto stipulate and agree as follows: 1. The Agencies are mutually desirous of holding discussions and meetings with each other in order to explore the possibility of their entering into one or more business transactions with each other (the “Purpose”).2. Confidential Information: “Confidential Information” means any and all non-public information or materials disclosed by one Agency to the Other and any person or entity associated with him or it, whether in written, oral, graphic or other form whatsoever. “Confidential Information” includes, without limitation, any order, price, item, vendor, source, charge, design, schematic, drawing, formula, data, plan, strategy, document, provenance, and any financial, personnel and other information and materials that is disclosed by any Agency that is not either already known or learned by the other Agency through lawful means from another source or which is or does become public by means outside the control of the Agency. Without limitation, the existence of any discussions between the Agencies or any of their respective clients, employees, representatives, Buyers Agent Representative s, and/or members constitutes the Confidential Information subject to this Agreement. 3. Restrictions on Agencies: Agencies will maintain Confidential Information in strict confidence, and will protect against the unauthorized disclosure or use of such Confidential Information with the same degree of care that it uses to protect its own confidential and proprietary information of similar nature and importance, but in no event less than reasonable care. The Agencies will not disclose any Confidential Information of the other Agency to any person other than those who have a “need to know” such information to carry out the Purpose and who have agreed to adhere to the terms of this Agreement. The Agencies will not use the other Agency’s Confidential Information for the benefit of itself or any third Agency or for any purpose other than for the Purpose agreed to by the Agencies. The Agencies will not make any copies of the other Agency’s Confidential Information except to the extent reasonably necessary to carry out the Purpose. The obligations set forth in this Paragraph 2 shall survive for a period of two (2) years from the date of the last disclosure by either Agency.4. Duty of Confidentiality: Except as expressly provided in this Agreement, Recipient shall, during the term of this Agreement and thereafter as provided herein, take all reasonable measures to prevent the disclosure of Confidential Information. In the event the Recipient shall be legally compelled to disclose any Confidential Information, Recipient will provide Discloser with advance written notice and shall not be held liable for such disclosure.5. Non-Circumvention: Buyer and any Buyers Agent Representative s agree that they will not intentionally contact or attempt to contact the Seller/Representative directly without the express written consent of : Agencies AND the written consent of Representative of Global Investments, Arley Ballenger CEO/CTO and or Josette Sheria CFO/CIA6. LIQUIDATED DAMAGES: The Agencies hereby agree that a material breach of the terms of this agreement will cause substantial financial damages to the disclosing Agency. The specific amount of damages is difficult if not impossible to determine. Therefore, it is agreed, that if there is a final adjudication in a court of competent jurisdiction that a recipient of confidential information used that information in violation of this agreement, damages of $250,000 USD plus Four percent of the property value shall be presumed, and the disclosing Agency shall be entitled to recover from the Agency who breaches this agreement, as agreed upon damages for breach of contract. It is further agreed that $250,000 USD plus Four percent of said property is fair and reasonable given the nature and volume of the transactions being done between the Agencies. 7. Injunctive Relief and Remedies: Recipient agrees that its breach of this Agreement cannot be adequately compensated by money damages, and agrees that Discloser shall, in addition to any other right or remedy available to it under law or equity, be entitled to temporary and permanent injunctive relief restraining Recipient, its employees, directors and/or affiliates from any actual or threatened breach of this Agreement. No bond or other security shall be required of Discloser in obtaining such injunctive relief. The Agencies further agree that should a violation of this Agreement occur that relates to confidentiality or circumvention, the monetary damages resulting from the violation shall be actual damages plus punitive awards as determined by a court with jurisdiction over the matter, an arbitrator or other adjudicative authority. If any Agency files any action arising from this Agreement and/or brings any proceeding against another Agency, or is made a Agency to any action or proceeding arising from this Agreement, the prevailing Agency shall be entitled to recover their legal cost, and not as damages, reasonable attorney's fees to be fixed by a court with jurisdiction over the matter, an arbitrator or other adjudicative authority. The prevailing Agency shall be the Agency which it is determined is entitled to recover their costs with respect to any suit or arbitration, whether or not they are determined to be able to recover damages. 8. Term and Termination: This Agreement shall continue for so long as the Agencies are continuing to explore the possibility of their entering into and or already in one or more business transactions with each other. It may be terminated by either Agency by written notice for cause. Notwithstanding the forgoing, the provisions of Sections 3 through 18, inclusive of this Agreement shall survive the termination or expiration of this Agreement. Page 2 of 6 Page 3 of 6. 9. Governing Law: This Agreement and all transactions contemplated hereby shall be governed by, and be interpreted in accordance with, the laws of Wyoming State.10. Jurisdiction and Venue: The Agencies DO NOT waive trial by jury and agree to submit to the jurisdiction and venue of a Federal or State Court of competent jurisdiction located in Cheyanne WY.11. This Agreement shall be binding upon the Agencies, their successors and assigns, and no Agency may assign its rights and or obligation under this Agreement without the other Agency’s prior written consent. Agencies signing as officers of entities also agree that by their signatures, they shall also bind themselves personally to the terms set forth in this Agreement.12. If any part of this Agreement shall be held by a court to be void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.13. Entire Agreement: This Agreement constitutes the entire agreement and understanding of the Agencies with respect to the subject manner of this Agreement and voids, terminates, and supersedes all prior discussions, negotiations, and/or agreements, whether oral or written, including all portions of previous contracts that survive the termination of those contracts.14. The failure of any Agency 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 at any other time15. Any amendment or modification of this Agreement shall be in writing and executed by duly authorized representative of the Agencies.16. The clause headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to define, limit, or extend the scope or intent of the clauses to which they appertain.17. Confidentiality of Terms: The Agencies agree that the terms of this Agreement shall remain confidential.18. All notices required or permitted hereunder shall be in writing and shall be deemed effectively given: (i) upon personal delivery to the Agency to be notified; (ii) when sent by e- mail if sent during normal business hours of the recipient, if not, then on the next business day, provided that electronic confirmation of the e-mail is received (and can be produced) by the sender; (iii) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) day after deposit with an internationally recognized overnight courier, specifying next day delivery, with written verification of receipt, if the next day is a business day, if not on the next business day. All communications shall be sent using the contact information for the Agencies set forth below or using such other contact information as Page 4 of 6 either Agency may designate by ten (10) days advance written notice to the other Agency conforming with this Section 17. Notices to each Agency shall use the addresses indicated as set forth in this Agreement. 19. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same agreement20. If either Agency has to seek enforcement of the terms and conditions of this agreement, whether suit be brought or not, the prevailing Agency shall be entitled to recover all fair and reasonable attorney’s fees and costs, to include appeal, from the non-prevailing Agency. Commission Agreement:1 The Agencies: Identified as Global Investments Referred to as Global and Agencies Referred to as Buyer or Seller and or Selling or Buyer Agent Representative as Both Agencies agree upon . 2 Properties Address or Addresses Will be defined by Global and Buyers or Selling Agent on Request. Global partners will divide earnings equally 3 Offer: Global agrees to pay Buyers and or Sellers Agent Representative an equal percentage split Equally BUYER & SELLER FEEs WILL BE SPLIT EQUALLY BETWEEN GLOBAL, BUYER AGENTS, SELLER AGENTS, AND INTERMEDIARIES. property or properties listed in section 2 at closing Depending on the Deal. If End-Buyer is provided by Agencies in section 1. Agencies will submit End-Buyer’s offer to Global. If an offer with the same End- Buyer has already been submitted to Global then the second offer will not be valid.4 Provisions: • All Agencies understand that the intention of this contract is to give Agencies and Global the ability to market the property in efforts to find an End-Buyer to split the Global assignment fee by the agreed upon percentage in section 3. • Buying and Selling Agent and Global will contact Representative of the buyer and or the buyer when an interested Agency is located who has expressed an interest in the property as outlined in section 2; at which point Global and Agencies will inform the Global and or buyer of the current offers on the property. If Global assigns their purchase of sale agreement to the interested Agency provided by Global then the percentage in section 3 will be paid at closing to Agencies and Global. All Agencies agree that property is being sold in the same conditions of the original contract. • Global and Agencies shall provide the original contract to the representative of the buyer within 24 hours after the binding agreement. • Both Agencies has the option to market the property on the5 Global Marketing Network system GMS (proprietary system), MLS, social media and other online and offline platforms Unless the property from the seller is confidential in nature.6 If the agencies are providing properties, assets, investments of any kind, it must be direct to the seller so in other words if there is a daisy-chain we will not accept any more deals and close your account with us, the level can only be 2 deep at the maximum level, Ex: agency – Broker – To Seller is the maximum level f the agencies are providing investors, it must be direct to thebuyer, if there is a daisy-chain we will not accept any more deals and close your account with us, the level can only be 2 deep at the maximum level, Ex: agency or Broker – to Buyer is the maximum level Agent or Agency agrees, if they are interested or wanting to purchase from the Global inventory that Global Investment properties maybe On-Market and/or Off–Market By signing below, you agree to the terms above *
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Please verify that you are human, And also you agree that All information is to be Held Strictly Confidential between both parties and their partners and agents
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