Agent Leasing Services Terms

1. Leasing Services; Payment; No Violation of Rights or Obligations.

Agent agrees to undertake and complete the Leasing Services (as defined in the Leasing Services Cover Sheet) in accordance with the Leasing Services Cover Sheet. 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 the Leasing Services Cover Sheet. Unless otherwise specifically agreed upon by Company in writing (and notwithstanding any other provision of this Agreement), all activity relating to Leasing 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 Leasing 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 Leasing Services that relate to Company or the business or demonstrably anticipated business of Company or in connection with the Leasing 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.

2. Warranties and Other Obligations.

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.

3. Termination.

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.

4. Relationship of the Parties; Independent Contractor; No Employee Benefits.

No, Agents may collect any information from or relating to Renters or Owners, whether via the Services, in the course of performing Agent Services, or otherwise, beyond what is necessary to perform the Agent Services for the applicable Renter or Owner  from or about whom such Renter or Owner Information was collected. Agents also must not use any Renter or Owner Information beyond what is necessary to perform the Agent Services for such applicable Renter or Owner. Upon the conclusion of the Agent Services for a Renter or Owner (or otherwise upon the request of such Renter or Owner or Skylight), Agents must properly destroy all Renter or Owner Information from or relating to such Renter or Owner and make no further use of it whatsoever. Agents must collect, use, maintain, and transmit all Renter or Owner Information in compliance with all applicable laws.