Referral Program Terms & Conditions

These Terms & Conditions (“Agreement”) govern participation in the referral program offered by MinnisCRE, Inc., a licensed California real estate broker (“Broker”).

By submitting a referral and/or participating in the referral program, the individual submitting the referral (“Finder”) agrees to be bound by these Terms & Conditions as of the date of referral submission (“Effective Date”).

1) Program Overview

Broker offers a referral program that may include:

Commission Rebate Program (Clients/Principals)
Referral Fee Sharing Program (Licensed Real Estate Professionals)
Charitable Contribution Program (Unlicensed Individuals)

Eligibility, benefits, and participation are determined based on:

The participant’s role in the transaction; and
Applicable federal, state, and local laws.

Participants may qualify for one program only per referral (not multiple programs). Broker reserves the right to determine eligibility in its sole discretion.

All programs are:

Subject to eligibility requirements
Contingent upon Broker receiving and retaining commission
Governed by separate written agreements where applicable
Subject to modification or discontinuation at any time

2) Program Eligibility & Structure

A) Commission Rebate Program (Clients/Principal)

Clients who refer new business may be eligible for a commission rebate on their own future real estate transaction, subject to:

A separate written agreement with Broker
Applicable laws and disclosure requirements
Broker receiving and retaining commission

Rebates:

Apply only to clients (principals) in their own transaction
Are not a prize, sweepstakes, or giveaway
Are not guaranteed
Are governed exclusively by a separate written agreement

B) Referral Fee Sharing (Licensed Professionals)

Licensed real estate brokers or salespersons may be eligible to receive a referral fee, subject to:

Compliance with California Business & Professions Code §10137
A separate written referral agreement with Broker
Broker receiving and retaining commission

Referral fees:

Are only available to properly licensed individuals
Are not available to unlicensed individuals

C) Charitable Contribution Program (Unlicensed Individuals)

Unlicensed individuals may participate under the Referral Introduction & Charitable Contribution Agreement, as set forth below.

3) Referral Introduction & Charitable Contribution Agreement

This section applies only to unlicensed individuals.

3.1 Purpose
Finder may introduce Broker to a potential client (“Referred Party”). In recognition of such introduction, Broker may make a charitable contribution, subject to the terms of this Agreement.

3.2 Definition of Referred Party
“Referred Party” refers to the individual(s), company, or entity that is the subject of the referral introduction provided by Finder to Broker. The Referred Party may include:

Individuals: Refers to natural persons who are potential clients, buyers, sellers, tenants, employees, representatives, other relevant parties, or otherwise affiliated with the individual or entity that may be seeking real estate services or engaging in real property transactions.
Companies: Encompasses legal entities, such as corporations, partnerships, limited liability companies, or any other business structures, that may be seeking real estate services or engaging in real property transactions.
Affiliates: Refers to entities or individuals that are directly or indirectly affiliated with the Referred Party. Affiliates may include subsidiaries, parent companies, sister companies, employees or any other entities sharing a common ownership or control structure.
Assigns: Encompasses successors in interest, transferees, or any entities or individuals to whom the Referred Party may assign its rights or obligations related to real property transactions.

Collectively, the term “Referred Party” includes all entities and individuals associated with the introduction made by Finder to Broker. The scope of the Referred Party is inclusive of all potential stakeholders relevant to the real property transaction initiated through this Agreement.

3.3 Charitable Contribution Conditions
A charitable contribution will be made only if all of the following conditions are met:

Broker enters into an agreement with Referred Party;
Broker successfully completes a real estate transaction; and
Broker receives and retains commission

If all conditions are satisfied:

Amount: 5% of Broker’s net commission (after commission splits)
Cap: Not to exceed $1,000.00
Timing: Paid within thirty (30) days after commission is received and retained
Recipient: Charity selected at the time of referral submission.

No charitable contribution is guaranteed.

3.4 No Compensation to Finder
Finder acknowledges and agrees:

Finder is not entitled to, and will not receive any compensation, fee, commission, or remuneration of any kind in connection with the referral;
Finder is not acting as a licensed real estate broker or agent; and
Finder shall not perform any acts requiring a real estate license under applicable law.

Any charitable contribution made pursuant to this Agreement:

Is made independently by Broker;
Is not consideration for services rendered; and
Shall not be construed as compensation for any activity requiring a real estate license.

3.5 Eligibility
Finder must:

Be an individual and be at least eighteen (18) years of age, or the age of majority in Finder’s state or jurisdiction of residence at time of referral submission; and
Have legal capacity to enter into this Agreement.

3.6 Referral Validity (First-in-Time Rule)

Only the first valid referral submitted to Broker shall be recognized;
Subsequent referrals for the same Referred Party are null and void; and
Timestamp of submission shall determine validity.

3.7 Pre-Existing Relationship
This referral program shall be null and void with respect to any Referred Party with whom Broker has an existing relationship prior to the referral submission, as determined by Broker in its sole discretion.

3.8 No Obligation
Broker has no obligation to:

Enter into any agreement with the Referred Party; or
Complete any transaction.

3.9 Term
This Agreement shall commence on the Effective Date and continue until the earlier of:

One (1) year from the Effective Date; or
Completion or termination of the transaction.

If Broker is actively engaged with the Referred Party under a written agreement at the time of expiration, this Agreement shall continue until such engagement or transaction is completed or terminated.

3.10 Representations & Warranties
Finder represents and warrants that:

Finder has not engage any other broker, finder, or intermediary in connection with the referral;
Finder will comply with all applicable federal, state, and local laws; and
Finder will not perform any act requiring a real estate license.

3.11 Indemnification
Finder shall indemnify, defend and hold harmless the Broker and its affiliates, officers, directors, employees, agents, and representatives from and against any claims, losses, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of:

Any claim for compensation or charitable contribution related to the referral; or
Finder’s breach of this Agreement.

3.12 Non-Exclusivity
Broker may:

Work with other referral sources;
Independently acquire clients; and
Assign or involve other licensed professionals at Broker’s discretion.

3.13 Termination
Either party may terminate this Agreement at any time with written notice.

Termination shall not affect eligibility for a charitable contribution for transactions initiated prior to termination and evidenced by a written agreement between Broker and Referred Party.

3.14 Confidentiality
Broker and Finder agree to maintain as confidential all non-public matters concerning this Agreement, except to the extent required by law, court order or subpoena.

3.15 Entire Agreement; Amendment
This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings.

Broker may modify these Terms & Conditions at any time.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.

3.16 Attorneys’ Fees
In the event that any litigation is brought with respect to any dispute between the parties hereto, the non-prevailing party in such litigation shall reimburse the prevailing party for all of its reasonable out-of-pocket costs incurred, including reasonable attorneys’ fees and disbursements, in connection with such litigation and the costs of collection of any settlement or judgment thereon.

3.17 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.