Dispatcher + Carrier Agreement

Documents Needed
CARRIER must furnish DISPATCH with the following documents prior to the implementation of this agreement, either via email at info@talktomeconsultant.com or by fax at 1-682-307-5275:

• Signed Dispatch + Carrier Agreement
• Completed Carrier Profile
• Signed Limited Power of Attorney Form
• Signed & Uploaded W-9 Form
• Signed & Uploaded Authority (MC Permit)
• Uploaded Copy of Certificate on Insurance (minimum of $1 Million in liability and $100,000 in Cargo Insurance), listing DISPATCH as Certificate Holder - Talk of Me Consulting, LLC | 5900 Summerfield Dr. – Arlington, TX 76018

OBLIGATIONS OF DISPATCHER

1. DISPATCHER agrees to handle paperwork, and phone calls to and from the SHIPPER/BROKER to tender commodities shipments to CARRIER for transportation in interstate commerce by CARRIER between points and places within the scope of CARRIER'S operating authority.
2. DISPATCHER bears no financial or legal responsibility in the transaction between the SHIPPER/BROKER and CARRIER agreement.
3. DISPATCHER will:
   1. Make 100% effort to keep truck(s) loaded.
   2. CARRIER will be contracted about EVERY load we find to offer, and the driver will ACCEPT or REJECT the load.
   3. Invoice the CARRIER at the time of service; also provide a copy of each Load Confirmation Sheet CARRIER is being billed for.

OBLIGATIONS OF CARRIER

1. CARRIER agrees to pay DISPATCHER 7% (percent) of the face value of the contract between the SHIPPER/BROKER, CARRIER as stated on the load rate confirmation sheet. Carrier further agrees to pay DISPATCHER at the time of each secured cargo or at the end of the week of all secured cargos. Failure to pay the DISPATCHER for services rendered will result in the termination of the contract and services immediately unless otherwise determined by the DISPATCHER.
2. CARRIER gives DISPATCHER authority to provide their signature for rate confirmation sheets, invoices, and associated paperwork necessary for securing cargo and billing purposes. The terms of this agreement shall be perpetual, provided that either party may terminate the same by giving 30-day written notice to either party.
3. SHIPPER/BROKER agrees to pay CARRIER promptly, following receipt of a freight bill and proof of delivery of each shipment to its assigned destination, free of damage or shortage. The amount to be paid by SHIPPER or BROKER to CARRIER shall be established between parties on a per shipment basis before the commencement of each shipment. A load confirmation, including details of shipment and revenue to be paid, will be supplied via FAX pr EMAIL by SHIPPER/BROKER to CARRIER. Confirmation will be signed by DISPATCHER and returned via FAX or EMAIL to SHIPPER.
4. CARRIER shall be liable for loss, damage, or liability occasioned by the transportation of property arranged by DISPATCHER, SHIPPER, or BROKER while in possession of the carrier.
5. CARRIER agrees to hold DISPATCHER, SHIPPER, and BROKER harmless from any liability for personal injury or property damage occurring during the operation conducted by CARRIER according to this agreement.
6. CARRIER will be responsible for complying with all applicable state and federal regulations about a motor carrier’s operation.
7. Carrier acknowledges that the customer information being provided by DISPATCHER is the sole and exclusive property of DISPATCHER and that neither it, nor any employee, agent, or subcontractor shall back solicit, directly or indirectly, communicate or perform any service for compensations for any account of DISPATCHER which has previously tendered to CARRIER for transportation, nor shall it pass on or reveal any customer information obtained to any other person or company.
8. Solicitation prohibited under this AGREEMENT means participation in any conduct, whether direct or indirect, the purpose of which involves transportation and/or handling of property by CARRIER for which CARRIER does, or did in the past, provide such service for that customer under arrangements first made or procured by DISPATCHER. Solicitation includes conduct initiated or induced by CARRIER, or accepted by CARRIER, upon inducement by DISPATCHER efforts.
9. If CARRIER should perform services of a transportation or warehousing nature for compensation for any DISPATCHER customer without prior documented authorization from DISPATCHER during the applicable period in violation of this AGREEMENT, CARRIER shall pay to DISPATCHER within ten (10) days of each such violation an amount equal to (10%) of all revenues invoiced by CARRIER to the solicited customer. Where a dispute or disagreement arises, both parties agree to tender the issue to binding arbitration in the "State of Your State".
10. CARRIER acknowledges that a breach of this provision will give rise to immediate and irreparable injury to DISPATCHER, which is inadequately compensated in damages. Accordingly, CARRIER agrees that DISPATCHER is entitled to obtain injunctive relief against the breach or threatened breach by CARRIER of this obligation, in addition to any other legal remedies, which may be available. CARRIER further acknowledges that the precise damages DISPATCHER would sustain out of any breach of this covenant may be difficult to ascertain and agrees that it shall pay as damages, twenty-five (25%) percent of the aggregate of all rates and charges assessed by CARRIER for transportation services provided to any account of DISPATCHER that is handled in contravention of this agreement, plus liquidated damages of ten thousand ($10,000.00) dollars.
11. CARRIER agrees that it will function under the terms of this agreement strictly as a duly permitted contract carrier, and hereby waives any rate provisions, which may be contained in its published carrier tariffs.
12. This agreement shall be deemed effective on the first date that CARRIER, DISPATCHER, and SHIPPER commence business together, and the parties hereby agree that the provisions herein properly express and memorialize the complete understanding as contained in any prior agreement, either written or verbal.

DISPATCHER

CARRIER

Limited Power of Attorney

1. Contact shippers and brokers on my behalf for cargo.
2. Transfer of Paperwork (Carrier Packets, Rate Confirmations, Insurance Certificates, Invoices, Bill of Lading, and all necessary paperwork) to shippers.
3. Sign and Execute Rate Confirmations for freight on my behalf

Talk to Me Consulting, LLC shall not be liable for any loss that results from a judgment error that was made in good faith. However, Talk to Me Consulting, LLC shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this “Limited Power of Attorney”.

This “Limited Power of Attorney” shall become effective immediately. This “Limited Power of Attorney” may be revoked by me at any time by providing (30 Days) written notice to my agent.