Accreditation Form Local Licensed Broker: Profile
Accreditation Form Local Licensed Broker: Profile
Accreditation Form Local Licensed Broker: Profile
ACCREDITATION FORM
Local Licensed Broker
PROFILE
First Name: Middle Name: Last Name: Nickname:
Telephone Number: Mobile Number: Email Address: (pls indicate Gmail account for SMDC Pro registration )
ENDORSEMENT:
BROKER'S CONFORMITY
I hereby confirm that all pertinent information given above are true and correct.
I understand that any false information herein may be grounds for SMDC and its assign to disapprove my application for accreditation.
Further, I agree to abide by the Company's Policies and Code of Ethics.
SRTD-April2021
Accreditation No.
ACCREDITATION AGREEMENT
1. This Accreditation Agreement (the “Agreement”) is non-exclusive and shall not preclude the Corporation from entertaining or entering into any discussions on
any offer to purchase the Units from other brokers or direct buyers. Accordingly, any sale not facilitated through the efforts of the Broker shall not entitle
the Broker to receive any commission. For purposes of this Agreement, a sale shall be considered made by the Broker when the buyer is registered
as handled by such Broker in the appropriate Reservation Form duly accepted by the Corporation. All offers to purchase the Units shall be subject to
acceptance by the Corporation, and only the Broker who first introduced the proposed buyer of the relevant Unit and whose offer was accepted by the
Corporation shall be entitled to receive the commission stated in paragraph 4 hereof.
2. Broker represents and warrants to the Corporation that he has obtained, and will maintain such licenses and permits authorizing him to legally act as broker
for the sale and/or offer for sale to the public of the Unit and shall comply with all laws, rules and regulations in relation to his conduct and activities as
broker.
3. All sales policies, terms and conditions shall be prescribed by the Corporation which policies, terms and conditions the Broker hereby undertakes to abide by
and implement. The Broker shall not give any discounts on the selling prices of the Units that are quoted to the buyer without the prior written approval
of the Corporation. In the event a discount is given by the Broker without prior written approval of the Corporation, it is understood and agreed that
the grant of the discount will be a special arrangement between the Broker and the buyer and the amount representing the discount shall be chargeable
against Broker’s commission stated herein. Further, any other arrangement and/or commitment of the Broker with the buyer that, in the sole opinion of
the Corporation, deviates from the Corporation’s sales policies, terms and conditions shall not bind the Corporation.
4. Subject to compliance by the Broker of the terms and conditions of this Agreement, the Corporation agrees to pay the Broker, for all his / her / its
personal sales, a commission equivalent to a fixed percentage of the Net Selling Price of the product as provided in the applicable memorandum. For
purposes of this Agreement:
“Net Selling Price” shall mean the actual selling price of a Unit, which is expressed in Philippine Pesos, to be paid by the buyer thereof to the Corporation,
exclusive of value-added tax due on the sale of the Unit, without deducting therefrom selling expenses or commissions (if any), but net of any
discount or amount returned or refunded to a buyer as a rebate or which effectively reduces the amount actually received by the Corporation as selling
price of the product, whether in the form of fees or commissions paid by the Corporation to banks or financial or lending institutions for the purpose of
obtaining buyer-financing, or otherwise; for the avoidance of doubt, the following amounts shall not be considered as part of the selling price for purposes of
determining the commission payable to the Broker: (i) interest payments on selected payment schemes, if any; (ii) amounts received by the developer as
forfeitures, interest, penalty or liquidated damages by reason of the breach of the buyer of the terms of the agreements entered into between the
developer and the buyer; including amounts received as a result of a litigation of a claim or in settlement or compromise thereof or otherwise; (iii) registration
fees, documentary stamp tax, local transfer tax, and other costs and expenses to be incurred in the registration of the transfer of title over the product in the
name of the buyer;
(iii) dues, charges, assessments or other amounts collected from the buyer for the use, repair, maintenance or operation of the utilities or facilities intended for
the common use of the buyers in the Project, or for payment to the government or other parties; and (v) amounts received as a deposit or reservation fee from
a prospective buyer until these have been applied towards the purchase price of the Unit.
Commissions shall be subject to VAT and shall be released in accordance with the applicable memorandum and provided that the Broker is in compliance
of all Broker accreditation requirements and to the General Policies, attached herewith as Annex
A. To this end, the Broker shall ensure that the buyer is not remiss in any payment of the relevant amounts to the Corporation under the applicable sale
documents and shall endeavor these to be paid on or before the due date/s for payment.
5. All taxes accruing on the receipt by the Broker of the commission shall be for the account of the Broker. The Broker authorizes the Corporation to withhold the
corresponding creditable withholding tax due on the commission and to remit the same to the Bureau of Internal Revenue or its successor agency.
6. It is further agreed that no authority has been conferred upon the Broker to hire any person on behalf of the Corporation. Should the Broker designate and
appoint third-party brokers to sell the Units, said third-party brokers shall not be deemed employees or agents of the Corporation. The Broker shall be
solely responsible for the acts and omissions of all such third-party brokers and shall be solidarily liable to the Corporation for such acts and omissions. The
Corporation’s acquiescence thereto shall not relieve the Broker of his liability for the performance, acts or omissions of any such third-party brokers and
their respective compliance with the terms and conditions of this Agreement, and the Corporation’s sales policies, terms and conditions. Unless the
Corporation has executed an Accreditation Agreement with such third-party brokers, any and all commissions due on any sale of Unit(s) handled by such
third party brokers shall be credited to the Broker alone, the payment of which shall be deemed full and complete satisfaction of the Corporation’s
obligation to such Broker.
SRTD-JAN2022
7. Neither the Broker and/or his third party broker/s, if any, shall hold themselves out as having any authority whatsoever to bind the Corporation except
as or may otherwise be provided.
8. The Broker shall indemnify and hold free and harmless, and shall cause his third party broker/s, if any, to indemnify and hold free and harmless, the
Corporation and its affiliates and subsidiaries, and their respective stockholders, directors, officers and employees, from any and all liability and damage, and
any and all actions, suits and claims that may be brought or filed against the Corporation as a result of any misrepresentation or breach by the Broker and/or
his third party broker/s, if any, of any or all their warranties and/or representations, or arising from their failure to comply with the Corporation’s sales
policies, or any and all pertinent laws, rules and regulations, including liability for any and all government fines, penalties and surcharges that may be
imposed as a result thereof, and any and all expenses that may be incurred by the Corporation in the defense of such actions, suits or claims.
9. The Broker shall keep confidential and shall cause his third party broker/s, if any, to keep confidential, all information, trade secrets and processes in
respect of the Corporation including, but not limited to, the amount of the commissions, and shall not disclose such information to third persons or use the
same to its advantage to the detriment or prejudice of the Corporation. Further and in accordance with the Data Privacy Act, all information regarding the
buyer/s must be treated with confidentiality and may only be used and processed if so warranted and required under existing laws and/or as may be
necessary or related to the fulfillment of this sale and purchase.
10. The failure of the Corporation to insist upon a strict performance of any of the terms, provisions, conditions and covenants of this Agreement, or to
exercise any option herein contained shall not be deemed a relinquishment or waiver of any rights or remedy that the Corporation may have, nor shall
such failure be construed as a condonation of any subsequent breach or default of the terms and conditions and covenant hereof, which conditions and
covenants shall continue to be in full force and effect. No waiver by the Corporation of any of its rights under this Agreement shall be deemed to have
been made unlessexpressed in writing and signed by the duly authorized representative of the Corporation.
11. The Broker hereby certifies and hereby represents, warrants and acknowledges that he has not paid, agreed to pay, or caused or permitted to be paid, and
hereby covenants that he will not pay or cause to be paid either directly or indirectly in any form to any director, office, employee, agent, consultant, or
representative of the Corporation, or any of their shareholders, or any other person affiliated or connected with any of them, or any person purporting to act
for and in their behalf, their officers, directors, employees, agents, consultants, or representatives, any commission, percentage, contingent fee payment,
other benefit of any kind, or other compensation, rebate, reward, or fee, whether in cash or in any other form of remuneration, in connection with the
entering into or operation or performance of this or any other agreement with the Corporation. It is also acknowledged that upon any misinterpretation or
breach of this certification, representation and warranty whether occurring prior to, during, or subsequent to the execution of the Agreement, the
Corporation shall have the right to immediately cancel and terminate this Agreement and impose penalty/ies equivalent to thrice the amount paid to any such
person referred to above and withhold the same from amounts due under this Agreement or any other agreement with the Corporation. The foregoing shall be
without prejudice to the right of the Corporation to institute civil or criminal action in connection with such breach. The foregoing certifications,
representations, warrants and acknowledgements shall survive the expiration or termination of this Agreement.
12. This accreditation may be withdrawn by the Corporation at any time and for any cause, provided written notice of withdrawal from the Accreditation is given
by the Broker at least five (5) days prior to the effectivity of the withdrawal.
13. The Corporation shall have the right to unilaterally terminate this Contract and revoke the accreditation of the Broker at any time, without prejudice to
any and all claims that it may have been entitled against the Broker, by giving prior written notice to the Broker upon the occurrence of any of the
following events:
(a) non-compliance or breach by the Broker or its third-party brokers, if any, of any of the provisions set forth in this Agreement, the policies, directives,
rules and regulations as the Corporation shall prescribe in relation to the distribution, marketing, promotion and sale of the Units; or
(b) violation of the Company Sellers’ Code of Ethics, misrepresentation, defalcation, or malfeasance, or any other act or deed by the Broker or any of its
third-party brokers, if any, which, in the reasonable opinion of the Corporation, may compromise the reputation of the Corporation, the Units and/or the
Project, or may be inimical to the interests of the Corporation.
In case of termination, nothing herein shall operate to restrict the Corporation from seeking redress for any breach committed by the Broker or his third-
party broker, if any, prior to termination.
In the event of termination of the Agreement, the Broker shall be deemed to have automatically waived any commission due from or arising out of the
same transaction. It is further understood and agreed that any reservations obtained by the Broker prior to the date of termination of this Agreement and
accepted by the Corporation following said date shall not be deemed a tacit renewal of this Agreement.
Should your engagement be terminated for cause, such as, but not limited to the following, violation of any of the terms and conditions of this Agreement,
violation of the Sellers’ Code of Ethics, and any policies, rules and regulations promulgated, all pending and unreleased commissions as well as other
remuneration earned by, and due you shall be forfeited in favor of the Company. The Company has the right to award your unreleased commissions to a
seller who will continue to service and complete your pending accounts. This Agreement shall cease effective immediately upon the rendition of the
decision of your case. The Company reserves its right to off-set from your unreleased commissions as well as other remuneration earned by and due
you, any amount of damages it has or will incur as a result of your acts. Any balance after such deduction shall be given to you.
SRTD-JAN2022
14. Upon termination of or withdrawal from accreditation pursuant to Sections 12 and 13 hereof, the Broker shall surrender to the Corporation all sales
paraphernalia and settle all outstanding accountabilities with, and secure the appropriate clearance from, the Corporation. The Broker hereby undertakes to
properly endorse to the Corporation the accounts and records of his clients, whether on active or dormant status.
Further, the Broker shall not have the right to continue using any marketing and selling material in connection with or relating to the Units, the Project, or the
Corporation and the Broker shall immediately cease to carry out any activity that might cause third parties to believe he is continuing to operate as the
Corporation’s agent or that he is in any way connected to the Corporation and/or the Project.
15. The parties agree that should any clause or provision in this Agreement be declared void, invalid or ineffective for any reason whatsoever, the validity of the
remaining provisions shall not be affected and shall continue to be binding.
16. This Agreement embodies the entire agreement of the parties on the matter as of the date of the execution hereof, and supersedes all previous
communications or representations, whether oral, written, between the parties. This Agreement shall not be deemed amended in a way except through a
subsequent written instrument or document signed by both parties. Unless the context indicates otherwise, the use of the masculine gender herein includes
the feminine and neuter gender.
17. This Agreement shall be governed by the laws of the Philippines. Venue for any and all suits shall be in the courts of appropriate jurisdiction of Pasay City,
Metro Manila.
SM Group of Companies
By
Licensed Broker
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
Pasay City ) SS.
BEFORE ME, a Notary Public for and in the above jurisdiction, this day of personally appeared the following:
SM Group of Companies
by:
Sales Division Head
Broker Network Director
Broker’s Name
who are personally known to me and identified by me through competent evidence of identity to be the same persons described in the foregoing instrument, who acknowledged
before me that their respective signatures on the instrument were voluntarily affixed by them for the purposes stated therein, and who declared to me that they have executed the
instrument as their free and voluntary act and deed and that they have the authority to sign on behalf of their respective principals.
WITNESS MY HAND AND NOTARIAL SEAL on the date and in the place above written.
Doc. No. ;
Page No. ;
Book No. ;
Series of 20 . NOTARY PUBLIC
SRTD-JAN2022
ANNEX “A”
BROKERS ACCREDITATION GENERAL POLICIES
I. Prerequisites for Accreditation and Renewal of Accreditation
a. Brokers who wish to be accredited by SM Group of Companies and its assigns (hereinafter called as “the Corporation”) for the purpose of marketing and selling lots, house
and lot units, condominium units, and such other products (the “Product”) resulting from any real estate development project of THE CORPORATION, must submit to THE
CORPORATION, the necessary requirements for accreditation as stated in the Broker Application Form.
b. Notwithstanding the complete submission of the requirements, a Licensed Broker shall not be deemed authorized to market and sell real estate development projects of THE
CORPORATION without the express written approval by THE CORPORATION of the application for accreditation.
c. A Licensed Broker who has submitted the requirements to the satisfaction of THE CORPORATION and whose application for accreditation has been expressly approved by
THE CORPORATION shall be accredited effective , for an indefinite term of years
unless otherwise terminated by THE CORPORATION.
d. Any Licensed Brokers may renew his accreditation with THE CORPORATION upon the submission of updated copies of the requirements andsuch other documents as may be
required by law and THE CORPORATION from time to time. THE CORPORATION reserves the right to refuse renewal of Brokers’ accreditation pending an evaluation based but
not solely on, the sales production that was delivered and/or other relevant reasons not cited herein. The renewal of the broker’s accreditation shall be effective only upon the
express written approval of THE CORPORATION.
II. Products Offered
Licensed Brokers shall be advised of such THE CORPORATION Products offered for sale on a first-come-first-served basis in accordance with the relevant guidelines governing the
sale of the Products for each project. The accreditation of a broker is not a blanket authority to sell any and all Products of the real estate development projects of THE
CORPORATION. THE CORPORATION reserves the right to restrict or limit the sale or selling activities to be conducted by a broker/s to selected projects of THE CORPORATION or to
certain Products of which the broker shall be advised from time to time.
III. Price and Terms of Payment
A price list and terms of payment applicable to the sale of the Products shall be released to accredited brokers from time to time. Prices and terms of payment are subject to change
without prior notice. Accredited brokers should contact THE CORPORATION to be updated on the status of the Products, any changes in pricing, inventory and promotional
activities, as well as any new real estate development projects and the Products therein.
IV. Reservation and Sale of THE CORPORATION’S Products
The sale of the Products through accredited brokers shall be on a first-come-first-served basis.
a. Subject to the provisions of Section 5.a., reservation of the Products in the name of a buyer and/or registration of a buyer will not be honored unless the reservation fee/deposit is paid
by the buyer. For this purpose, if payment is made in the form of a check, only a check issued by the buyer shall be honored. Brokers’ or sales agents’ checks shall not be
honored.
V. Commission
a. The entitlement of buyers to purchase a Product shall be subject to the prior approval of THE CORPORATION. Thus, mere delivery of a buyer’s check shall not automatically
entitle the broker to a commission.
b. THE CORPORATION entitles a broker to a commission in an amount equal to a fixed percentage of the selling price of the Product as provided in the applicable memorandum.
The selling price shall be the actual selling price of a Product on a cash basis, exclusive of value added tax which is due on the sale of the Product, without deducting there from
selling expenses or commissions (if any), but net of any discount or amount returned or refunded to a customer as a rebate or which effectively reduces the amount actually
received as selling price of the Product. The following amounts are not considered as part of the selling price for the purpose of determining the commission: (i) amounts received
as interest, penalty or liquidated damages under the terms of the relevant agreements; (ii) amounts received as forfeitures, indemnities or damages arising out of a breach by a
customer of the terms of sale, whether such amount is received as a result of a litigation of its claim or in settlement or compromise thereof or otherwise; (iii) registration fees,
documentary stamp taxes, transfer fees, other costs and expenses to be incurred in the registration of the transfer of title over the Product in the name of the customer; (iv) dues,
charges, assessments or other amounts collected for the use, repair, maintenance or operation of the utilities or facilities intended for the common use of the purchasers in a
project to which the Product pertains, or for payment to the government or other parties; and (v) amounts received as a deposit or reservation fee from a prospective customer
until these have beenapplied towards the purchase price of the Product.
The manner of payment of the commission shall be in accordance with the applicable memorandum. The broker shall not charge or collect any commission or fee from the
customers for the sale of the Products.
c. The broker hereby agrees to comply with the client registration policy of THE CORPORATION for the purpose of crediting to the broker all sales which have been initiated by the latter
which were transacted with the need of a licensed broker. Failure by the broker to comply with said client registration policy shall be a ground for non-crediting of sales and
commissions at the sole discretion of THE CORPORATION.
d. It is the responsibility and duty of the Broker to probe and ask their client if they have already spoken with an in-house agent and confirm if such in- house agent was able to register
their client. This is to avoid being penalized for committing a sale not really his.
e. Brokers are expected to exercise professionalism and render full service to their clients including, but not limited to, accompanying their clients at all times when visiting the model
unit at the sales pavilion or project site. If a Broker’s client comes to the sales pavilion or project site on their own, whether with the knowledge, instruction and/or permission of the
Broker or not, and was assisted by an in-house seller, and the client eventually reserves a unit within the three (3) months registration period, a service fee of 0.5% shall be
deducted from the commission of the Broker andawarded to the in-house seller who assisted said client. Repeated acts by the Broker of not accompanying clients to the sales
pavilion or project site shall be construed as a misdemeanor and shall therefore be meted the following additional reprimands:
i. First offense – Verbal warning
ii. Second offense – Written warning
iii. Third offense – cancellation of accreditation
f. In the event that a sale is claimed by two or more accredited sales agents, the broker who delivers or sends (as applicable) the buyer’s payment to THE CORPORATION with the
reservation agreement accomplished in the manner set forth in Section 5.b. shall be recognized as the broker entitled to the commission pertaining to the sale. If both or all accredited
brokers claiming representation of a buyer each delivers a buyer’s check and the duly accomplished reservation agreement to THE CORPORATION, the following procedure shall be
followed in determining who among the said brokers shall be entitled to the commission:
(PLEASE SIGN EACH PAGE)
SRTD-JAN2022
a. Provided that there is no bad faith or violation of this Agreement, the accredited broker who was first to send a buyer’s check payment to THE
CORPORATION together with the duly accomplished reservation agreement shall be deemed to be thebroker entitled to the commission.
b. In case of a dispute, THE CORPORATION reserves the right to withhold any commission payments until after an investigation and/or arbitration shall
have been conducted and all claimants shall have been afforded an opportunity to be heard. A decision or resolution by THE CORPORATION
Arbitration Committee on the issue of entitlement and payment of commission shall be deemed final and binding on all claimants.
g. Commissions shall be released to the accredited broker only upon the latter’s submission of his/her updated documentary requirements specified in Section I hereof, and all the
pertinent information and documents as may be required by THE CORPORATION to effect the recording and sale of a Product to the buyer in accordance with Section 6.b.
VI. Broker’s Duties and Responsibilities
a. Brokers should duly inform their respective prospective buyers of the terms and conditions of the sale, as contained in the relevant sales agreements for a particular real estate
development project, the covering deed restrictions, or master deed for a particular project and other policies that may be relevant to the purchase of the Products in a project.
In this connection, the broker shall be responsible for obtaining updates and other information from THE CORPORATION as well as new developments on the projects and
Products, particularly changes in available inventory and prices, if any.
b. Brokers should be responsible for providing and maintaining an organization to carry out its activities according to its prudent appreciation and at its exclusive risk. Without
limiting the generality of the foregoing, the broker shall undertake to THE CORPORATION to: (i) obtain and maintain the necessary permits and licenses as required by law; (ii)
maintain and make available an office infrastructure and broker manpower network; (iii) respond to queries, (iv) undertake any necessary effort for an intense and effective promotion
for the sale of the Products; (v) initiate negotiations for the purchase by customers of the Products; (vi) assist THE CORPORATION in completing the documentation for the sale and
obtaining payment therefore in accordance with the commission release provided in the applicable memorandum.; (vii) cause the execution by a customer of therelevant sale
agreement, document or instrument, if such agreement, document or instrument is requested by a customer to be executed outside Philippine territory; and (vii) assist in, and cause to
be done for the customer, the processing of the necessary documentation requirements for the promotion and sale of the Products, including but not limited to (1) obtaining the
relevant credit information on the customers; and (2) processing the notarization and consularization of all documents relevant to the promotion and sale of the Products when
such documents are executed by the customers anywhere outside Philippine jurisdiction, the cost of which shall be for the account of the relevant customer. The broker shall perform
the marketing and sales assistance activities until the consummation of the purchase by customers of the Products.
c. Brokers must undergo training to be conducted by THE CORPORATION for the purpose of understanding and familiarizing themselves with the policies and procedures of THE
CORPORATION. THE CORPORATION shall provide the broker with relevant Product Information, the general terms and conditions of sale applicable for a Product, and the price
list which may be updated from time to time. THE CORPORATION shall have the right to modify the general terms and conditions of sale applicable to a Product and the
price list of the Products at any time. THE CORPORATION shall also require the brokers to undergo an orientation or training to be conducted by THE CORPORATION
with respect toProduct Information and provide them with the official advertising and technical materials for the performance of the agent’s task.
d. It shall be the duty and responsibility of a broker to ensure that payments on the sale of the Products facilitated by said broker are made to THE CORPORATION not later than on
their actual due dates. The broker should also ensure the timely payment of VAT, transfer tax, registration expenses, documentary stamp tax, and other fees and expenses on
the sale and registration thereof, as well as association dues, interest and penalties, real property tax and other related fees and expenses, the payment for which may be
advanced by THE CORPORATION at its soleoption.
VII. Brokers Behavior and Prohibited Acts
a. Accreditation with and by THE CORPORATION is a privilege granted by THE CORPORATION which can be withdrawn at any time at the discretion of THE CORPORATION, or upon
the directive of THE CORPORATION. Accredited brokers are therefore expected to act with utmost integrity and professionalism, always upholding the interest of THE
CORPORATION above their own.
b. The broker shall scrupulously observe the specific directives and instructions which THE CORPORATION may give from time to time with respect to information on the Products
and the sale, distribution and marketing thereof. The broker shall use advertising and other material authorized and provided by THE CORPORATION and to train its employees,
staff, agents and consultants, if any, in respect of the utilization of the information contained therein.
c. Brokers are strictly prohibited from advertising or publishing in magazines, newspaper, radio, television, or any form of media any information regarding projects or the sale
of Products without the prior written approval of THE CORPORATION. All expenses for advertisement, when approved by THE CORPORATION, shall be for the sole
account of the broker. Should the broker not seek approval for the advertisement made by him through print, TV or any form of media, the following penalties will apply:
i. First Offense : P25,000.00 to be deducted on his/her upcoming commission after the action.
ii. Second Offense : P50,000.00 to be deducted on his/her upcoming commission PLUS cancellation ofhis/her
accreditation with THE CORPORATION.
d. Brokers are strictly prohibited from soliciting business from direct clients of THE CORPORATION. In this regard, the brokers shall exert reasonable effort to verify or ascertain from
THE CORPORATION as to the status of his/her client.
e. Brokers shall obtain and continue to maintain, at their expense, the permits, licenses and any other administrative authorization necessary under applicable laws. THE
CORPORATION shall be held free and harmless from any expenses incurred and any damages suffered, including the amounts paid as a consequence of a decision of any
regulatory or judicial authority, deriving from the breach by the broker.
f. The Broker shall keep confidential and shall cause his third party broker/s, if any, to keep confidential, all information, trade secrets and processes in respect of the Corporation
including, but not limited to, the amount of the commissions, and shall not disclose such information to third persons or use the same to its advantage to the detriment or
prejudice of the Corporation.
g. Brokers are expected to adhere to THECORPORATION’s Sellers’ Code of Ethics.
h. The engagement of the brokers shall be subject to and in accordance with the laws of the Philippines.
VIII. General Provisions
a. The term of engagement or accreditation of the Licensed Broker shall be valid for an indefinite term of years unless otherwise terminated by THE CORPORATION.
SRTD-JAN2022
(PLEASE SIGN EACH PAGE)
b. THE CORPORATION’s right to cancel at any time the accreditation of a broker or any other authorization granted thereto shall be exercised by giving the broker prior written
notice of such cancellation.
c. Any violation of the Accreditation Agreement and the General Policies set forth herein, the Sellers’ Code of Ethics, the guidelines governing the sale of Products for each project,
and such other policies, rules, and regulations which may be prescribed by THE CORPORATION from time to time, and the commission of such acts or deeds as may, in the
reasonable judgment of THE CORPORATION , be detrimental to the interests of t THE CORPORATION, shall be a ground for the automatic cancellation of the erring brokers
accreditation including the forfeiture of commissions in favor of THE CORPORATION, without prejudice to the right of THE CORPORATION to pursue such other remedies to
which it may be entitled in law and equity.
d. Pursuant to Section 4.a above, THE CORPORATION may, at its sole discretion, reject an offer to buy made by a buyer referred by a broker without incurring any liability to the
broker.
e. Each broker shall hold THE CORPORATION free and harmless from any action or claim which may be brought by any person or entity against THE CORPORATION if such
action or claim is due to, caused by, or arises out of, an act, misrepresentation, fault, or negligence of the broker.
f. The parties agree that should any clause or provision in this Agreement be declared void, invalid or ineffective for any reason whatsoever, the validity of the remaining
provisions shall not be affected and shall continue to be binding.
g. This Agreement embodies the entire agreement of the parties on the matter as of the date of the execution hereof, and supersedes all previous communications or representations,
whether oral, written, between the parties. This Agreement shall not be deemed amended in a way except through a subsequent written instrument or document signed by both
parties. Unless the context indicates otherwise, the use of the masculinegender herein includes the feminine and neuter gender.
h. This Agreement shall be governed by the laws of the Philippines. Venue for any and all suits shall be in the courts of appropriate jurisdiction ofPasay City, Metro Manila.
I/We hereby accept ad agree to be bound by and respectfully observe the foregoing terms and conditions set forth in case I/we am/are accredited as a broker of THE
CORPORATION.
Conforme:
Email:
Mere concurrence and execution by the broker does not effect accreditation unless otherwise approved by the undersigned.
Approved by:
SM GROUP OF COMPANIES
(signature)
SALES DIVISION HEAD
SRTD-JAN2022
SRTD-JAN2022
Page 1 of 2
2. DATA SHARING: I freely, voluntarily and knowingly grant my express, unconditional, voluntary
and informed consent to, and hereby authorize, the Company, including its personal information
personnel/processor, to share, transmit, or transfer my personal information to the parent
company, subsidiaries and affiliates of the Company (collectively referred to as “Company
Affiliates”), to act as personal information controller and/or personal information processor and
to sub-contract or outsource the processing of my personal information to third parties acting as
personal information processors, for and on behalf of the Company (“external service
providers”) for the above mentioned Purposes. I likewise hereby authorize and give my consent
to the said Company Affiliates and external service providers to collect and process my personal
information for the abovementioned purposes.
Further, I hereby give and grant my express, and informed consent to the Company, including its
personal information personnel/processors, to share, transmit, disclose and transfer my
personal information to the government, its branches, agencies and/or instrumentalities, for
purposes of complying with the Company’s mandatory reportorial requirements provided by
law and/or regulations, such as but not limited to matters relating to taxation, or those which
may be required by reason of my employment (or contractual relations) with the Company.
3. CONFIDENTIALITY: In the event that I come across, learn, receive or gain access to personal
information of individuals or confidential information of the Company and it Company Affiliates,
such as but not limited to, clients and supplier lists and data, financial condition and other
information related to finances, business operation and methods of operation, trade secrets and
pricing structures, personnel and other information, which ought to reasonably be treated as
confidential, I hereby undertake that I shall not, at any time during the course of, or after the
termination of my employment, divulge such information to any person not authorized to
receive them nor use the same for any purpose other than that required by the nature of my
position or by law.
jca/depp.17-H
Justitia nemini neganda est
Page 2 of 2
I hereby knowingly and voluntarily acknowledge the due execution, validity and effectivity of this Form. I
hereby knowingly and voluntarily acknowledge and confirm that I have been duly informed of my rights
under the law with respect to my personal information as well as of the Purposes of the processing,
sharing, transmittal or transferring, or the subcontracting or outsourcing of the collection and
processing of my personal information prior to the execution of this Form and hereby confirm that I
have executed the same of my own volition and free will.
_______________________________________
__________________________ ___________________________
jca/depp.17-H
Justitia nemini neganda est
Page 1 of 3
NON-DISCLOSURE AGREEMENT
Pursuant to my obligations under the applicable laws and regulations as an employee or consultant of
SM Development Corporation. (hereinafter referred to as the “Company”), I hereby voluntarily and
unconditionally agree to execute this Non-Disclosure Agreement (“Agreement”) and comply with the
following terms and conditions:
1. That in connection with or during the course of my accreditation or contractual relationship with
the Company, there may be disclosed to or accessed or obtained by me, or I may have access to,
certain trade secrets of the Company and other confidential information (hereinafter collectively
referred to as “Confidential Information”), including but not limited to:
2. I shall not during, or at any time after the termination of, my accreditation or contractual
relationship with the Company, use, copy or process for myself or for others, or disclose or divulge
to others, any Confidential Information. I shall operate, hold and maintain Confidential Information
under strict confidentiality during, or at any time after the termination of, my accreditation or
contractual relationship with the Company. I shall strictly comply with any and all applicable laws
and rules, including but not limited to the DPA, as well as any policy, measures, rules and
regulations of the Company (“Company Rules”) implementing such applicable laws and rules. I
understand and agree that the Company shall have no liability for any of my acts or omissions which
may be in violation of such applicable laws and rules as well as the Company Rules.
3. That upon the termination of my accreditation or contractual relationship with the Company, or
upon request by the Company, I shall immediately return to the Company all documents containing
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Confidential Information and all documents relating to the Company or any Data Subjects
(hereinafter collectively referred to as “Confidential Documents”), including but not necessarily
limited to: drawings, blueprints, reports, manuals, correspondence, customer lists, computer
programs, and all other materials and all hard, soft, manual, paper and electronic copies of such
Confidential Documents or any and all documents or materials relating in any way to the Company's
business or to a Data Subject, or any documents or materials in any way disclosed to, or obtained or
accessed by, me during the course of my accreditation or contractual relationship with the
Company. I further agree that I shall not keep or retain any copies of the foregoing, whether hard,
soft, manual, paper or electronic copies and I shall not re-use and must surrender all Confidential
Information secured during or in relation to the Recipient’s Accreditation.
4. I hereby authorize and give my irrevocable consent to the Company to notify or inform any
future or prospective employer, any third party or any authorities of the existence of this
Agreement.
5. This Agreement shall be binding upon me and my personal representatives and successors
in interest, and shall inure to the benefit of the Company, its successors and assigns.
6. In the event of any breach of this Agreement or my failure to comply with any and all
provisions contained in this Agreement, the Company Rules, and the applicable laws and
rules, the Company shall have full rights to injunctive relief, in addition to any other existing
rights, without requirement of posting bond.
7. I shall indemnify the Company against all penalties, fines, damages and loss, including
attorney’s fees, howsoever incurred or sustained by or imposed on the Company, as a
consequence of or arising from my breach of or my failure to comply with any and all of the
provisions contained in this Agreement, the Company Rules and the applicable laws and
rules, including but not limited to the DPA.
8. Any delay, forbearance or neglect on the part of the Company to enforce any or all of the
provisions of this Agreement and any or all rights in respect thereto shall not be construed
as a waiver of such provisions and rights, and shall not preclude the Company from
exercising the same or any other right under this Agreement.
9. If any provision contained in this Agreement shall be held invalid, illegal or unenforceable in
any respect by a court of competent jurisdiction, the unenforceability of any provision to
this Agreement shall not impair or affect the validity, legality and enforceability of any other
provision.
IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ___________ at
_________________.
_____________________
(Complete Name and Signature of Applicant/Employee/Consultant, and Date signed)
___________________________ ___________________________
ACKNOWLEDGMENT
} SS.
BEFORE ME, a Notary Public for and in _________________________, this _____ day of
________________, personally appeared ___________________________, with ID No.
________________, issued at ___________________, on ___________________, known to me
and by me known to be the same person who executed the foregoing Non-Disclosure
Agreement consisting of
____ (___) pages, including this page on which the acknowledgement is written, and they
acknowledged to me that the same is his free and voluntary act and deed.
WITNESS MY HAND AND SEAL this on the date and the place above written.
Notary Public