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Company
Property Managers
Agents
As a Skylight Agent, you may provide leasing services, including but not limited to showing rentals and procuring applications (the “Agent Services”), for opportunities that are offered through our platform.
Remember that your use of Skylight's Services is at all times subject to our Terms of Use, which incorporates this Agent Services Terms. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
As the only consideration due to Agent regarding the subject matter of this Agreement, and subject to Agent’s compliance with all of the terms of this Agreement, Agent shall receive payments and Company will grant access to Agent to Skylight Platform as (and only as) expressly stated in these terms. Unless otherwise specifically agreed upon by Company in writing (and notwithstanding any other provision of this Agreement), all activity relating to Agent Services will be performed by and only by Agent or by employees of Agent who have been approved in writing in advance by Company. Agent represents, warrants and agrees that it will perform all of its obligations under this Agreement (and will otherwise conduct itself) in strict accordance with Skylight’s then current Agent Code of Conduct and all applicable laws and regulations (including without limitation the Fair Housing Act and similar laws), failing which Agent shall not be eligible for any commission. Without limiting the foregoing, Agent agrees that it will not (and will not permit others to) share sensitive information like building access information, lock box or access code, violate any agreement with or rights of any third party or, except as expressly authorized by Company in writing hereafter, in connection with the Agent Services or otherwise for or on behalf of Company.
a). Agent agrees that all business, technical and financial information (including, without limitation, the identity of and information relating to customers or employees) developed, learned or obtained by or for or on behalf of Agent during the period that Agent is to be providing the Agent Services that relate to Company or the business or demonstrably anticipated business of Company or in connection with the Agent Services or that are received by or for Company in confidence, constitute “Proprietary Information.” Agent shall hold in confidence and not disclose or, except in performing the Services, use any Proprietary Information. However, Agent shall not be obligated under this paragraph with respect to information Agent can document is or becomes readily publicly available without restriction through no fault of Agent. Upon termination or as otherwise requested by Company, Agent will promptly provide to Company all items and copies containing or embodying Proprietary Information, except that Agent may keep its personal copies of its compensation records and this Agreement. Agent also recognizes and agrees that Agent has no expectation of privacy with respect to Company’s telecommunications, networking or information processing systems (including, without limitation, stored computer files, email messages and voice messages) and that Agent’s activity, and any files or messages, on or using any of those systems may be monitored at any time without notice.
b). Agent agrees that during the period over which it is to be providing the Services, Agent will not directly or indirectly encourage or solicit any customer, employee or consultant of Company to leave Company for any reason. Company may perform and Agent expressly gives Company the authority to perform appropriate screening of Agent, including without limitation background checks in accordance and to the extent permitted by law.
We may notify our Agents of the opportunity to perform Agent Services directly for property management companies ("PMCs") with respect to leads received on or through the Skylight Platform and/or with properties onboarded to the Skylight Platform (collectively, "Select Opportunities"). You agree that by logging into the Skylight app or account on the Skylight website and choosing a location, you are making yourself available to receive Select Opportunities, which you may accept or reject. You hereby agree to pursue and close the Select Opportunities solely on the Skylight Platform. If you disintermediate the Skylight Platform by pursuing or closing any Select Opportunity outside of the Skylight Platform, we reserve the right to suspend or terminate your account and seek monetary damages
Skylight may charge a Lease Processing Fee to receive payments from Managers on a transactional basis. Lease Processing Fee means the fee for your use of the Services to receive payments from certain Managers on a transactional basis that are made through Skylight. You may decline a Lease Processing Fee by contacting Skylight’s support desk, provided however that the Lease Processing Fee applicable to completed payments will not be refunded. You agree to not charge the Lease Processing Fee to the Manager, whether in the form of an additional charge, a price increase, or otherwise. You authorize Skylight to charge your default payment method; or, in certain circumstances, Skylight reserves the right to invoice you for the Lease Processing Fee and you agree to pay such invoice in accordance with its terms. To avoid doubt, the Lease Processing Fee described in this section does not affect your obligation to pay other fees, if any, related to your use of the Services.
All commissions listed on Skylight are subject to the property manager's approval and are not guaranteed. You may only earn a commission if a signed agreement with the property manager confirms the terms and amount. The Skylight Platform shall collect from Managers of listed properties and pay commissions directly to your real estate brokerage. Skylight is not liable for payment of any commission or other fees directly to you under this Agreement.
Agent represents, warrants and covenants that: (i) the Services will be performed in a professional and workmanlike manner and that none of such Services nor any part of this Agreement is or will be inconsistent with any obligation Agent may have to others; (ii) Agent shall comply with all applicable laws and Company rules in the course of performing the Services; and (iv) if Agent’s services require any license(s), Agent has obtained all applicable licenses and such licenses are in full force and effect.
Agent represents, warrants and covenants that: (i) the Services will be performed in a professional and workmanlike manner and that none of such Services nor any part of this Agreement is or will be inconsistent with any obligation Agent may have to others; (ii) Agent shall comply with all applicable laws and Company rules in the course of performing the Services; and (iv) if Agent’s services require any license(s), Agent has obtained all applicable licenses and such licenses are in full force and effect.
All Agents are responsible for keeping their license active and in good standing. Agents shall notify Skylight within 48 hours of any changes to their licensing status or brokerage affiliation.
If either party breaches a material provision of this Agreement, the other party may terminate this Agreement upon five (5) days’ notice, unless the breach is cured within the notice period. Either party may terminate this Agreement upon ten (10) days’ notice. Sections 2 (through 4 of this Agreement and any remedies for breach of this Agreement shall survive any termination or expiration. Company may communicate the obligations contained in this Agreement to any other (or potential) client or employer of Agent.
Notwithstanding any provision hereof, Agent is an independent contractor and is not an employee, partner or joint venturer of Company and shall not bind nor attempt to bind Company to any contract. Agent shall accept any directions issued by Company pertaining to the goals to be attained and the results to be achieved by Agent, but Agent shall be solely responsible for the manner and hours in which the Services are performed under this Agreement. Agent shall not be eligible to participate in any of Company’s employee benefit plans, fringe benefit programs, group insurance arrangements or similar programs. Company shall not provide workers’ compensation, disability insurance, Social Security or unemployment compensation coverage or any other statutory benefit to Agent. Agent shall comply at Agent’s expense with all applicable provisions of workers’ compensation laws, unemployment compensation laws, federal Social Security law, the Fair Labor Standards Act, federal, state and local income tax laws, and all other applicable federal, state and local laws, regulations and codes relating to terms and conditions of employment required to be fulfilled by employers or independent contractors. Agent will ensure that its employees, contractors and others involved in the Services, if any, are bound in writing to the foregoing, and to all of Agent’s obligations under any provision of this Agreement, for Company’s benefit and Agent will be responsible for any noncompliance by them. Agent agrees to indemnify Company from any and all claims, damages, liability, settlement, attorneys’ fees and expenses, as incurred, on account of the foregoing or any breach of this Agreement or any other action or inaction by or for or on behalf of Agent.
