Marketing Agreement

Agreement to Market

Allied Mortgage Group Products and Services Allied Mortgage Group and [CompanyName]

MARKETING AGREEMENT THIS AGREEMENT entered into effective [StartDate], by and between Allied Mortgage Group and [CompanyName] (Builder). (Tax ID # [TaxID]). Allied Mortgage Group, (AMG) desires to have the Builder/Realtor perform certain promotional services on its behalf and the Builder desires AMG to offer a full line of competitive mortgage products to its clients and customers and service and represent them with a commitment to excellence in service delivery. In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties agree as follows:

I.

Mortgage Services Provided by AMG

To help the Builder/Realtor serve its clients and customers mortgage needs and manage closings, AMG will provide the Builder with: •

Weekly Communication – To enhance communication, your dedicated loan officer will provide a weekly tracking report to you and your sales team which will provide the status of all customer referrals, if they are pre-approved, and weekly updates of their status if they have applied for mortgage financing.

•

All AMG programs – AMG’s programs will be made available to all potential customers. We will analyze and recommend the correct program for the customer’s specific requirements.

•

Customer Service – Customer relations for AMG at [Project/Office] will be under the direction of a dedicated AMG Loan Officer.

•

Joint Marketing Support/Signage – AMG can optionally create custom designed marketing materials to promote both your project and Allied Mortgage Group. Included in this joint marketing material would be approximately a 4ft x 8ft custom designed sign created, at our expense, for the entrance to your project/office. We have often found that the signs enhance project visibility and are helpful in generating dales.

During the term of this Agreement, AMG shall pay the Builder/Realtor $[Amount] per month for marketing and advertising services and, if applicable, desk rental as outlined below. AMG shall commence payment following implementation of all related services.

II.

Marketing Services Provided by the Builder/Realtor 1.

Builder/Realtor agrees to promote AMG at the following office/tract locations, in addition to other office/tract that become available during the term of this Agreement: • [Address], [City/State/ZIP]

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2.

Builder/Realtor agrees to provide AMG with access to: a. Its customers and agents to explain AMG mortgage programs and products and to solicit mortgage applications. b. All new agents for agent training on AMG mortgage programs and products. Builder/Realtor agrees to notify the AMG Loan Officer prior to a new agent’s start-date. c. Its weekly sales meetings to give 10 minute updates and provide mortgage information. d. 12 homebuyer seminars per year. Builder/Realtor shall provide the advertising for these events. e. All open houses/model homes. f. Additional time for educational training with the Builder’s/Realtor’s employees or agents as agreed to by AMG and the Builder/Realtor. g. Involve the AMG Loan Officer in office functions; go on weekly caravans and company activities in an effort to make them a part of the organization.

3.

Builder/Realtor agrees to promote AMG to its agents and its customers for their mortgage lending needs. This includes: a. Builder/Realtor promotion and support of AMG to its agents and customers. b. Encouragement of its agents to promote AMG to its customers. c. Providing AMG print collateral (e.g., brochures and/or flyers) to its customers. Standard print collateral will be provided by AMG. d. Promotion of AMG at special events that may be conducted by Builder/Realtor insofar as reasonable and mutually agreeable to the parties hereto.

4.

Builder/Realtor agrees to erect/install signage as outlined below. Cost of signage and installation to be borne by AMG. a. One AMG Display Board in a prominent location of each office/tract named above. b. One interior AMG sign in a prominent location in each office/tract named above. c. One exterior AMG sign in a prominent location on the exterior façade or sign monument of each office/tract location named above.

5.

Builder/Realtor agrees to make available a reasonable amount of its printed advertising to be used to promote AMG products, services and other information mutually acceptable to the parties. This includes; a. Promoting AMG to prospective Sellers of residential real estate via its Marketing Proposal to Sellers. b. Incorporating AMG product and/or sample mortgage programs via its advertising feature sheets. c. Displaying AMG related customer flyers and brochures (e.g., open house report, advertising feature sheets, etc.) prominently in the locations listed above and at open houses, agent offices, etc. so that on average 20 sets of flyers/brochures are displayed at one time.

6.

Builder/Realtor agrees to work with AMG to identify co-marketing ideas for other marketing and advertising efforts, such as print ads, radio ads, billboards, customer mailings, etc. For those marketing and advertising activities agreed upon by both parties, AMG will be invoiced separately by the Builder/Realtor and will reimburse only for the percentage of the promotion directly related to AMG.

7.

Builder/Realtor agrees to restrict non-AMG loan originators from the office/tract work area and will notify AMG’s Branch Manager prior to allowing office presentations, seminars, training or joint venture discussions with other lenders, even though there will be an open door policy for other lenders.

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8.

Builder/Realtor agrees to provide AMG data regarding the firm’s transactions including: a. A monthly penetration report specifying transaction sales amount and lender for all transactions. b. A monthly list of customers receiving AMG promotion (e.g., visitor cards/books, penetration report, etc.).

III.

Mutual Provisions. Both parties acknowledge that Builder/Realtor will not require customers to use AMG. Both Builder/Realtor’s and AMG’s management agree to take a proactive role in communicating problems or suggestions as needed.

IV.

Restriction. During the term of this Agreement, Builder/Realtor shall not offer promotional opportunities similar to those contained in this Agreement or rent office space to any residential mortgage lender other than AMG.

V.

Term. This Agreement shall commence upon the date of execution and shall continue for a period of one (1) year. This agreement shall cease upon the formation of a joint venture or other legal entity between the two parties or between Builder/Realtor and any other entity.

VI.

Inspection. Upon reasonable notice, Builder/Realtor agrees to provide on-site access and assist AMG or its designee in periodically validating that Builder/Realtor has performed and continues to perform the required services, responsibilities and obligations throughout the term of this Agreement.

VII.

Default. If it is determined that either party has failed to perform the services, responsibilities and obligations imposed by this Agreement, other than failure to perform due to circumstances beyond its reasonable control, said party shall be in default. In the event of default, Builder/Realtor shall not be obligated to perform services, responsibilities and obligations imposed by this Agreement and AMG shall not be obligated to continue making monthly payments pursuant to this Agreement.

VIII.

Termination. Notwithstanding any other part of this Agreement, should it be determined by a court of law, new interpretation by legal counsel, or change in law or regulation, that this Agreement violates any federal, state, or local law or regulation, this Agreement shall terminate immediately and no further payments, obligations or responsibilities shall continue hereunder.

IX.

Assignment. Neither party may assign this Agreement or any of its obligations hereunder without the prior written consent of the other party, except that AMG shall have the right to assign this Agreement and its rights and duties hereunder to its parent corporation or any affiliate. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

X.

Independent Contractor. Builder/Realtor shall be an independent contractor under this Agreement and shall be responsible for all costs and expenses incurred by it under this Agreement except as specifically stated otherwise.

XI.

Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws (and not the law of conflicts) of the State of Pennsylvania.

XII.

Communication. Neither party shall, without the prior written consent of the other, make any press release or announcement to the general public or to any trade publication with respect to this Agreement, except as may be necessary, in the opinion of counsel, to comply with the requirements of any law, governmental order, or regulation.

XIII.

Confidentiality. During the term of this Agreement, confidential or proprietary information will be transmitted or otherwise provided by or on behalf of one party to this Agreement (the “Discloser”) to the other party (the “Recipient”). Both parties shall maintain and preserve to

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the maximum extent permitted by law the confidentiality of any such information and shall be entitled to obtain injunctive relief as required to enforce these provisions. Notwithstanding anything to the contrary, Recipient agrees that Recipient will not use or disclose any “nonpublic personal information” on a “customer” or “consumer” of Discloser or any of its affiliates that is made available to or provided to the Recipient by the Discloser (excluding “nonpublic personal information” already in Recipient’s possession from other sources) (“Consumer/Customer Information”) for any purpose other than as required for the performance of the Recipient’s obligations under this Agreement. Recipient will take all reasonable measures, including without limitation such measures as it takes to safeguard its own confidential information, to (i) ensure the security and confidentiality of all such Customer/Consumer Information, (ii) protect against anticipated threats or hazards to the security or integrity of such Customer/Consumer Information, and (iii) protect against unauthorized access to or use of such Customer/Consumer Information, including but not limited to the proper disposal of such information. Recipient further agrees to promptly notify Discloser in the event that any Customer/Consumer Information is accessed by any unauthorized person while in the custody of Recipient or any of its affiliates or subcontractors, and to indemnify Discloser against for cost of providing any legally required notice to its customers of such event. In addition, Recipient, including its affiliates, will not disclose such Customer/Consumer Information to any third party unless the Recipient obtains the prior written consent of Discloser, except as otherwise required by law. For purposes of this section, the terms “nonpublic personal information,” “consumer” and “customer” shall have the meanings set forth in Title V of the Gramm-Leach-Bliley Act and its implementing regulations, and this section shall survive termination of this Agreement. XIV.

Notices. Any notices required under this Agreement shall be deemed to have been properly given upon receipt of the same by postpaid United States registered or certified mail, return receipt requested, or by overnight courier, or by personal service at the following addresses: President Allied Mortgage Group 7 Bala Ave, Bala Cynwyd Pa 19004

XVI.

[ContactName] [CompanyName] [City/State/ZIP]

DESK RENTAL PROVISIONS

1. Location and Services. As additional consideration for this Agreement, Builder/Realtor agrees to rent to AMG during the term of this Agreement and included as part of the above payment, office/tract space(s) together with adequate parking (Premises) located at: •

[Address], [City/State/ZIP]

Square footage total for all locations: [DeskSF] Builder/Realtor agrees to provide AMG as part of monthly payment all the amenities and office needs that are provided to its employees, agents, independent contractors or other tenants. These include but are not limited to the following, as applicable: utilities, photocopying, facsimile machine, postage metering, courier service, telephone and internet service and equipment, voice mail, receptionist, conference room, office furniture and equipment, janitorial services, trash and snow removal, toilet facilities, and adequate parking in close proximity. 2. Compliance. Builder/Realtor warrants that the Premises including fixtures shall at all times conform to all requirements of law, regulation or other authority, whether now or hereafter in effect.

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3. Maintenance and Repairs. Builder/Realtor shall, at its expense, make all maintenance, repairs and replacements to the Premises, building containing the Premises, common areas, sidewalks, curbs, parking lots and below grade or concealed plumbing or utilities, which are necessary to maintain the Premises in a safe, dry and tenantable condition and in good working order. 4. Insurance. Builder/Realtor shall maintain, at its own expense, the following insurance coverages during the entire term of this Agreement: 1) Special Form (all risk) Property Insurance coverage on the Building and the Premises, including any improvements and betterments, in such amounts as the Builder’s/Realtor’s mortgagees shall require and (2) Commercial General Liability Insurance against claims for bodily injury, including death, and/or property damage occurring in or about the Premises, Building or the Land. Builder further agrees that such insurance shall be purchased from a financially sound insurance company and shall be primary and non-contributory with any insurance carried by AMG. The terms and conditions of this Agreement supersede those of any previous marketing and/or office space rental agreements between the parties and constitute the sole agreement between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. Allied Mortgage Group

[CompanyName]

By: Printed Name: [RetailContact] Title: Branch Manager

By: Printed Name: [ContactName] Title: [ContactTitle]

Final Approval: By: _________________________________ Printed Name: _________________________ Title: ________________________________ Allied Mortgage Group

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