Accreditation Form SM BSA
Accreditation Form SM BSA
Accreditation Form SM BSA
We are pleased to confirm your accreditation as SALES MANAGER (hereinafter referred to as the “Seller”) of BRITTANY SALES ACES (the
“Company”) for the development projects of VISTA LAND/BRITTANY CORPORATION and/or its affiliates (collectively the “Developer”),
subject to the following terms, policies and guidelines:
2) The Company shall have the sole and absolute right to grant, modify or revoke this Accreditation at any time and for whatever reason.
3) Upon issuance of this Accreditation and in no case later than five (5) days from date hereof, the Seller shall submit to the Company: (i)
NBI Clearance; (ii) Clearance from other developers (as may be applicable and required by the Developer); (iii) Resume/Bio-Data; (vii) Seller’s
Information Sheet; (iv) 2 valid government issued IDs; (v) Two (2) pieces 1x1 ID Picture; and (vi) Tax Identification Number.
Failure of the Seller to submit the foregoing documents shall give the Company the right to automatically and immediately revoke the
Accreditation.
By virtue of this Accreditation, the Seller shall have the authority to market and sell lot, house and lots, condominium units and such other
products of the Developer in the subdivision and/or condominium projects (the “Projects”) as may be specified in the list of inventories to be
provided by the Company to the Seller (the “Properties”). Prices and terms of payment of the Properties are subject to change without prior
notice.
4) The Company shall have the right to restrict or limit the sale or marketing/selling activities to be conducted by the Seller and from
time to time issue and implement guidelines and policies governing the sale and marketing of the Properties.
The Seller shall be solely liable in the event that the Property/ies sold is/are no longer available in the Projects’ inventories. The Seller shall hold
the Company and the Developer free and harmless from any claims, liability, damages and causes of action in relation thereto and by reason
thereof, and shall reimburse the Company and/or the Developer for all costs, damages and expenses which the Company and/or the Developer
may incur by reason of such claims. For this purpose, the Seller hereby authorizes the Company to automatically deduct the expenses incurred by
the Company and/or the Developer from the commissions due to the Seller.
5) The Seller acknowledges and agrees that the Developer shall have the right to refuse to sell any Property in the Projects to a buyer
referred by the accredited Seller for any reason whatsoever.
6) The Seller undertakes to (i) act and conduct his/her/its business with utmost integrity and the most professional and ethical manner in
strict conformity with applicable law, rules and regulation and in accordance with the policies and guidelines of the Company and the Developer;
(ii) maintain healthy competition and good relationship with other sellers of the Company and Developer, and should at all times exercise and
observe the rules of fair play in all his/her business dealings and transactions; (iii) ensure that the concerns of the buyers are properly and
promptly addressed and shall avoid causing any form of inconvenience to the buyers; (iv) promptly submit to the Company and/or to the
Developer, all pertinent information of the buyers and the documents required to facilitate the sale of the Projects; (v) abide by all the policies,
guidelines and procedures of the Company and the Developer relative to the marketing and sale of the Projects as well as the documentation of
sales; (vi) strictly comply and abide with the guidelines, policies and provisions set forth herein and such other rules and regulations prescribed by
the Company and the Developer (from time to time), and applicable laws, rules and regulations; and (vii) perform such other duties and
responsibilities that the Company may prescribe and require from time to time.
7) The Seller shall not misrepresent facts nor give false representations, oral or written, with respect to the condition or feature of the
Projects and/or any provision of the documents of the Developer, or misrepresent facts or make assurances to the buyers contrary to the terms and
conditions of the sale documents of the Developer. Should the Seller make unwarranted assurances or misleading claims or facts to prospective
buyers, the Seller shall be solely liable for such misrepresentations.
8) All taxes due on any commission and fees of the Seller shall be for the Seller’s account. In this regard, the Seller authorizes the
Company to withhold the corresponding creditable withholding tax due on the commission/fees and to remit the same to the Bureau of Internal
Revenue.
9) The Seller shall keep confidential all information obtained and received from the Company, Developer and the buyers. Such
information include marketing techniques, cost methods, customer or mailing list, and such other information, which if unduly disclosed, shall
compromise the interest of the Company, Developer and the buyers. This obligation shall survive the termination of this Agreement and the
Seller shall be liable to the Company and/or the Developer for damages in case of violation of this provision.
10) The Seller is strictly prohibited to: (i) advertise or publish in magazines, newspaper, radio, television, or any form of media any
information regarding the Projects or the sale of the same without the prior written approval of the Company and/or the Developer. All expenses
for the approved advertisements shall be for the sole account of the Seller; (ii) loiter in the Project sites or staying therein for extended periods
without any official business; (iii) sell and market the properties and products of competitors, other developers or other companies/individuals
engaged in business similar to the Developer; and (iv) commit any act or deed which is prejudicial or damaging to the interest, name and
reputation of the Company, Developer and/or the buyers, as may be determined by the Company, such as, but not limited to falsification of
buyers’
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documents, financial and accounting documents and other machinations, disseminating confidential information; misrepresentation of any kind to
the buyers for the purpose of generating sale; and/or any other acts which shall be deemed by the Company as prejudicial or damaging to the
interest, name and reputation of the Company and/or the Developer.
11) The Seller undertakes that, during the effectivity of this Accreditation and for at least << ( ) months>> after the
expiration/termination of this Accreditation or resignation by the Seller, the Seller shall not apply for or accept employment from, or have interest
in any undertaking, project or other activity, for business or otherwise, with any of the competitor of the Developer or with any business which
may directly or indirectly result in competition with the Company and the Developer. Violation of this provision shall make the Seller liable for
actual and consequential damages, without prejudice to such other rights and remedies which the Company and/or the Developer may have under
the law, and if applicable, the Company shall have the right to forfeit any unreleased commission
<<Note: 12 MONTHS - For Sales Director; 6 MONTHS - For Sales Manager; 3 MONTHS - For Salesperson>>
12) Nothing herein shall be construed to constitute the parties as employer-employee between the Seller and the Company, and the
Developer. Accordingly, the Seller is strictly prohibited from (i) signing for and in behalf of the Company and/or the Developer any commercial
paper, contract or any document whatsoever; (ii) contracting any debt or liability that may bind the Company and/or the Developer in any manner
or capacity whatsoever; (iii) entering into any agreement, either oral or written, that may bind the Company and/or the Developer to the payment
of money, performance of an obligation or undertaking; (iv) receiving payment and/or non-remittance of any form of payment from the buyers; or
(v) performing such other acts similar to the foregoing.
13) The Company has the sole right to conduct investigation in order to ascertain the commission of any of the foregoing prohibited acts
and adopt rules of procedure for this purpose. The Seller shall hold the Company and/or the Developer free and harmless from any action or claim
which may be brought by any person or entity against the Company and/or the Developer if such action or claim is due to, caused by, or arises out
of, an act, misrepresentation, fault, or negligence of the Seller.
14) In case of (i) violation by the Seller of the conditions of this Accreditation; or (ii) commission by the Seller of the prohibited acts set
forth herein; or (iii) commission by the Seller of acts prohibited by the Company, Developer and/or in violation of applicable law, rules or
regulations; or (iv) failure to reach the required sales quota for a period of six (6) months after the issuance of this Accreditation; or (v) no sales
made or transacted by the Seller within a period of twelve (12) months from the last sale transaction; the Company shall have the right to impose
any or all of the following –
(a) Suspension or cancellation of the Accreditation;
(b) Exclusion of the Seller from any booking activity;
(c) Payment of fine, as may be determined by the Company;
(d) Forfeiture of commission; and/or
(e) Such other penalties that the Company may deem fit to impose depending on nature and consequences of the offense/violation.
Any action that the Company will take in accordance with the foregoing provisions shall be without prejudice to its right to avail of other legal
and equitable remedies.
15) In case of resignation by the Seller or termination of the Seller’s Accreditation by the Company due to the commission of acts or
occurrence of events stated in Paragraph 14 hereof, any commission due for reservation sales made six (6) months prior to resignation/termination
date for horizontal projects, and twelve (12) months prior to resignation/termination date for vertical projects, shall be forfeited in favor of the
Company.
17) Upon cancellation of this Accreditation, the Seller shall immediately surrender all records, including price lists, advertising materials
and all other articles or things belonging to the Company and the Developer which they acquired by virtue hereof. The Seller shall immediately
cease using, exhibiting or claiming, and/or shall not cause or attempt to use, directly or indirectly, all or any part of name of the Company and the
Developer, as well as their affiliates, mother and related companies, its development projects, trademarks, tradename, service marks, logos,
advertisements, marketing collaterals, domain name, websites and other online platforms, and other materials, details or information, associated
with the Company and/or the Developer, as their affiliates, mother and related companies. Violation of this provision shall make the Seller liable
for actual and consequential damages, without prejudice to such other rights and remedies which the Company and/or the Developer may have
under the law, and if applicable, the Company shall have the right to forfeit any unreleased commission
CONFORME:
The undersigned, hereby accepts the foregoing terms and conditions of my Accreditation, and agrees to the faithful compliance thereof.
Name: ✓ THEA COBALLES
(Signature over Printed Name)