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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 leases (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.
Clerical Users are individuals under the direct supervision of an Agent that perform only administrative or clerical tasks that do not require a real estate license. Each Agent may invite Clerical Users employed by or affiliated as independent contractors with the Agent and shall immediately notify Skylight of any changes to the Clerical Users employment status.
We may notify our Agents of the opportunity to perform Agent Services directly for property management companies ("Managers") with respect to leads received on or through the Skylight Platform and/or with properties onboarded to the Skylight Platform (collectively, "Showings 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 Showings Opportunities, which you may accept or reject. You hereby agree to pursue and close the Showings Opportunities solely on the Skylight Platform. If you disintermediate the Skylight Platform by pursuing or closing any Showings Opportunity outside of the Skylight Platform, we reserve the right to suspend or terminate your account and seek monetary damages.
For Showings Opportunities, Skylight may charge Service Fees for facilitating payments from Managers to Agents. A Service Fee is defined as the fee you pay for using Skylight's Services to receive payments from Managers on a transactional basis. The specific Service Fee for each property is displayed on the detail section of the respective property page on the Skylight platform, unless otherwise agreed upon in writing between you and Skylight. This Service Fee becomes applicable at the time the lease is reported through the Skylight platform.
Service Fees are automatically deducted from the payout amount you receive from the Manager. You agree not to pass on these Service Fees to the Manager, whether through additional charges, price increases, or any other means. Skylight reserves the right to revise the Service Fees at any time.
Indemnification of Managers. Agent agrees to indemnify, defend, and hold harmless any Manager (including their respective officers, directors, employees, agents, and affiliates) with whom Agent connects or provides services through the Skylight platform, and any owner of a property managed by such Manager that receives Agent Services (collectively, the "Indemnified Parties"), from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including reasonable attorneys' fees and costs) arising out of or in any way relating to: (a) Agent's provision of, or failure to provide, Agent Services, including but not limited to, the quality, accuracy, timeliness, or completeness of such services; (b) Agent's representations or warranties made to the Manager or any owner of a property managed by the Manager, whether express or implied; (c) Agent's breach of any agreement (written, oral, or implied) with the Manager or in connection with the provision of Agent Services; (d) Agent's violation of any applicable federal, state, or local laws or regulations, including, but not limited to, fair housing laws, real estate licensing laws, and privacy laws; (e) Any negligent or willful misconduct by Agent in connection with the Agent Services or the use of the Skylight platform; (f) Any claims by third parties (including, but not limited to, tenants, prospective tenants, or other real estate professionals) arising from or related to Agent's actions or omissions in connection with the Agent Services; and (g) Any damage to property caused by Agent during the performance of Agent Services.
All commissions listed on Skylight are subject to the property manager's approval and are not guaranteed. Even if a property manager approves a lease transaction on the Skylight Platform, this approval does not guarantee that a commission will be paid. The Skylight Platform shall attempt to collect from Managers of listed properties and pay commissions directly to your real estate brokerage, but Skylight cannot guarantee the successful collection or payment of any commission.
Skylight is not liable for payment of any commission or other fees directly to you or your brokerage under this Agreement. Furthermore, Skylight shall not be responsible or liable in any way if a property manager fails to make payment for an approved commission, or if a commission is not paid for any other reason. The obligation to pay commissions rests solely with the property manager, and Skylight's role is limited to facilitating the payment process.
By using the Skylight Platform, you personally agree to indemnify, defend, and hold harmless Skylight, its officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any failure or refusal by a property manager to pay an approved commission, or any other issue related to unpaid commissions. This indemnification includes, but is not limited to, any legal actions or claims you may consider bringing against Skylight for unpaid commissions.
You acknowledge and agree that your sole recourse for any unpaid commissions is directly against the property manager who approved the transaction, and not against Skylight. Skylight's responsibility is limited to accurately reflecting the approved commission on the platform and facilitating the transfer of funds that are actually received from the property manager.
You understand and agree that it is your responsibility to inform your brokerage of these terms and any potential risks associated with unpaid commissions when using the Skylight Platform.
Agents are solely responsible for selecting their current brokerage when creating their Skylight profile and promptly updating their profile if they change brokerages. Agents represent and warrant that they have the authority to direct commission payments to the brokerage listed on their profile.
Skylight relies on the brokerage information provided by agents. While Skylight verifies that the brokerage selected by an agent is a licensed real estate brokerage in the applicable state, it does not independently verify that the agent is currently affiliated with that brokerage. The responsibility for selecting the correct current brokerage lies solely with the agent.
Skylight will pay any commissions owed solely to the brokerage listed on the agent's profile at the time the lease was reported, even if the agent selected an incorrect brokerage or subsequently changes brokerages.
Agents agree to indemnify, defend, and hold harmless Skylight from any claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys' fees) arising from or related to any incorrect or outdated brokerage information provided by the agent. Additionally, in the event that Skylight is subject to any legal action, claim, or demand (including but not limited to lawsuits, arbitrations, or administrative proceedings) by a brokerage or any other third party for a commission payment or any related damages, as a direct or indirect result of an agent providing incorrect, incomplete, or outdated brokerage information on their Skylight profile, the agent agrees to pay Skylight liquidated damages. These liquidated damages shall consist of $75,000 for each separate legal action, claim, or demand brought against Skylight, regardless of the number of leases involved in such action, and an additional $5,000 for each individual lease that was reported incorrectly within any such legal action, claim, or demand. For clarity, if a single legal action involves multiple incorrectly reported leases, the liquidated damages would be $75,000 plus $5,000 multiplied by the number of incorrectly reported leases involved in that action.
The parties acknowledge and agree that the potential harm to Skylight resulting from such legal actions and incorrectly reported leases would be difficult to accurately estimate. The liquidated damages amounts specified herein represent a reasonable forecast of the potential damages Skylight might incur in such situations. These liquidated damages provisions are intended as fair compensation for potential losses and not as a penalty. This provision is in addition to, and does not replace or limit, any other remedies available to Skylight under this agreement or applicable law, including but not limited to the right to seek actual damages if they exceed the liquidated damages amount, injunctive relief, or any other appropriate remedy.
By using Skylight, agents release and agree not to sue Skylight for any claims related to commission payments made in accordance with the brokerage information on their profile. Agents waive any claims against Skylight and agree that their sole recourse for any commission disputes is against the brokerage that received the payment.
Skylight shall not be liable to agents or brokerages for any commission payments made in reliance on the information provided by agents. Agents acknowledge that Skylight is not a party to any commission agreements between agents and brokerages.
Skylight will make best efforts to process payments to your brokerage as quickly as possible after receiving payment from a Manager. However, Skylight cannot guarantee exact payment timing due to various factors that may affect the processing of transactions.
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.
