Page Title

Appraiser Application

City

State

Name First/Last

Company Name

Company Address

Zip code

E-Mail Address

Phone

Years of Experience

Fax

Type of License

FHA Certified

Yes

Accept Credit Cards

Yes

# of Appraisers

Counties you cover.

Marketing Agreement

TERMS 
1.	Scope and Duration of Agreement. 
The initial term of this agreement shall be until January 1st 2010. Such agreement may be renewed for additional terms of five (5) years if the Client is not in default of this agreement and all fees, charges and other payments are current and all obligations hereunder have been fulfilled. 
This agreement grants the Client the non-exclusive right to operate an appraisal office which includes the right to use the name of Sky Appraisals, it trademarks and copyrighted logos.   
For purposes of this agreement, a Client is any person, corporation, agency, or any other entity, which is performing appraisals under the name Sky Appraisals.

2.	Fee.
In consideration for the Client/s right to conduct said activities, Client shall pay a fee according to the terms and schedules specified in Attachment “A”. Attachment “A” is attached hereto and by reference made a part hereof. The fees shall remain fixed during any term or renewal term. However, despite the provision for renewal specified in paragraph 1 above, Sky may establish a different fee by adopting a different fee sixty (60) days before the commencement of a new term of this Marketing Agreement.

3.	Contract Administrator. 
The director, Jason Welch is designated by Sky as its contract administrator for this contract. All matters concerning this contract which are within the responsibility of Sky shall be under the direction of, or shall be submitted to, Jason Welch, the Contract Administrator or any employee of Sky as the Contract Administrator may appoint. Sky, may in its sole discretion, change its designation of the contract administrator and shall promptly give written notice to Clients of any such change.

4.	Indemnification. 
Client agrees to indemnify, defend and hold harmless Sky and Sky’s officers, agents and employees from and against any and all claims and losses whatsoever arising out of or in any way related to Client’s performance under this Marketing Agreement including, but not limited to, claims for marketing costs and any legal expenses (such as attorney’s fees, court costs, investigation costs, and expert’s fees) incurred by the Client/s in connection with such claims. “Performance” includes the party’s action or inaction and the action or inaction of that party’s officers, employees, agents and employees. 
Client/s indemnity obligation hereafter shall not extend to claims and losses arising out of Sky’s sole negligence or willful misconduct or breach of the terms and conditions of this Agreement.

5.	Sever-ability. 
Should any provision herein be found or deemed to be invalid, this agreement shall be construed as not containing such provision, and all other provision which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this agreement are declared to be sever-able.

6.	Entire Agreement. 
This agreement is the entire agreement of the parties. There are not understandings or agreements pertaining to this contract except as are expressly stated in writing in this agreement or in any document attached hereto or incorporated herein by reference.
 
7.	Notices. 
Notices to the parties in connection with the administration of this contract shall be given to the party’s contract administrator personally, by regular mail, by e-mail or by facsimile transmission as more particularly specified in this paragraph. Notices will be deemed given on: 
(a)	The day the notice is personally delivered to the contract administrator or the office of the party’s contract administrator; or 
(b)	Five days after the date the notice is deposited in the United States mail, addressed to a party’s contract administrator as indicated in this contract, with first-class postage fully prepaid; or 
(c)	On the day that the notice is transmitted by facsimile to a party’s facsimile number specified in paragraph 16 of this contract, provided that an original of such notice is deposited in the United States mail, addressed to a party’s contract administrator as indicated in this contact, on the same day as the facsimile transmission is made.

8.	Information About Contract Administrators. 
The following names, titles, addresses, and telephone numbers are the pertinent information for the respective contract administrators for the parties.

Director
Jason Welch
Sky Appraisals	
5335 Merle Hay Rd #5____
Johnston, IA 50131	
Phone: __(515)276-9775___
Fax: ___(515) 278-2064___
Jason@skyappraisals.net

9.	Clients Obligations. Clients should work toward the financial success of the other clients by participating in the group marketing of Sky.  Clients can abstain from group marketing efforts for any and all reasons.  
 
Each Client should conduct appraisals under the name Sky Appraisals, may use Sky’s logos, trademarks and copyrighted information.  Clients may continue to conduct appraisals under their original.

10.   Sky’s Obligations.
Sky shall maintain a web-site which lists all the Clients for the purpose of enlarging the marketing group and as a lender resource. 
 
Sky shall work to create marketing programs and materials for the betterment of the group.

11.Termination. 
On the breach of any term, covenant or condition by Client on its part to be kept or performed, at the option of Sky, all of such rights and privileges of the Client hereunder and all of the other duties and obligations of Sky hereunder shall forthwith terminate and thereafter this agreement shall be null and void. 
The Client may terminate this agreement at will, for any and every reason.  To terminate this agreement send a letter requesting the termination to the administrator of Sky.  (added 04/08/2008)

12. Protected Territory
Sky agrees to establish offices in such a manner as to minimalize overlap of service areas of the Clients.  The Clients understand that overlap will occur.  Clients understand that services areas recognized by Sky are not exclusive.  A Client may perform appraisals in any city, county or state where they are legally permitted regardless of where or not Sky recognizes that as their service area.   Sky may own, operate, lease, manage, franchise or license anyone to operate a Client office.
 
13. Operation 
Clients shall to the best of their ability accept and complete every appraisal possible in a timely and professional manner and shall in the event that the volume of work exceeds their office capabilities. Shall either take the necessary measures such as hiring additional staff or subcontracting or inform Sky of the inability to handle the work.  Sky at that time will get authorization from the Client to open an additional office within the Clients recognized service area.

14. Good Will
Clients will use reasonable efforts to protect, maintain and promote the name of “Sky Appraisals” and other marks.  You will not permit or allow your officers, directors, principals, employees or representatives to engage in conduct which is damaging to the good will or public image of Sky.

15. Confidential Information
You will take all appropriate actions to preserve the confidentiality of all Confidential Information.  Access to Confidential Information should be limited to persons who need the Confidential Information to perform their jobs.  You will use Confidential Information only for the office and to perform under this Agreement.  Upon termination (or earlier, as we may request), you shall destroy all originals and copies of the Confidential Information, including e-mails, client lists and marketing ideas.  Your obligations under this subsection commence when you sign this Agreement and continue for trade secrets even if edited or revised, plus five years.

16. Default & Termination
Sky may terminate this Agreement, effective when we send written notice to you or such later date as required by law or as stated in the default notice, when (1) you do not cure a monetary default within 15 days after the due date, or you do not cure any other default (goodwill, operation, etc.) within 15 days after we send you a written notice of default, (2) you discontinue operating the office as a “Sky Appraisals” office, (3) you do, directly or indirectly, any act or failure to act that in our reasonable judgment materially injures or damages, or could materially injure or damage the goodwill associated with Sky, (4) you lose your license, or (5) death or abandonment.

NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR, AND EACH PARTY EXPRESSLY WAIVES ANY CLAIM WITH REGARD TO, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS) RELATING TO THIS AGREEMENT, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.

When the License or this Agreement terminates for any reason whatsoever, you will immediately stop using name Sky Appraisals to operate and identify the office. You will remove all signs, advertising, listings and cease to use the name Sky Appraisals with all clients. You shall not identify the office with a confusingly similar mark or name, or use the same colors as the system trade dress for signs, printed materials and painted surfaces.

ATTACHMENT A 
AGREEMENT FEES 
Fees 
A.	Initial Fee 
Client agrees to pay $350 to become a member of the Sky marketing group, due at the signing and acceptance of this Marketing Agreement. 
B.	Annual Fee 
Client agrees to pay $350 per year to remain as a Client.  The fee is due January 1st of each year that this contract is still in force. 
C.	Renewal Fees 
Client agrees to pay $350 at the end of this contract and the signing of a new contract due at the signing and acceptance of the new contract.

II.	Payment Schedule: 
Payments shall be made by the 1st day of the month of January in the year that they are due :
Sky Appraisals Inc
5335 Merle Hay Rd #5
Johnston, IA 50131

For credit card payments please call us at (515) 276-9775 or send us an e-mail at MEMBERS@SKYAPPRAISALS.NET.  We do not keep credit card numbers on file.

The payment shall be made by check, Visa or Mastercard.   The fees are considered to be late as of the 15th and the affiliate is considered to be in default. 
  
PAYMENT OF THE INITIAL FEE IS DUE UPON SIGNING OF THIS AGREEMENT.  PLEASE EITHER MAIL A CHECK TO THE ABOVE ADDRESS OR SEND AN EMAIL TO THE MEMBERS@SKYAPPRAISALS.COM.  PAYMENT WILL NOT BE POSTED OR THE CHECK CASHED UNTIL THE ACCEPTANCE OF THIS AGREEMENT BY SKY.

I have read the marketing agreement and agree to abide by the terms and conditions listed
there-in. Sky Appraisals reserves the right to reject the application.

"My personal
mission is to
make our
membership
fees the most
effective
advertising
dollars you will
ever spend".

Sincerely
Jason Welch

The first step in
becoming a
member is to fill out
an application.
Complete this form.
We will process the
application and
respond within 24
business hours.

5335 Merle Hay Rd #5
Johnston, IA 50131

Email jason@skyappraisals.net
Phone 515-276-9775
Fax 515-276-9776