EARN Marketing Agreement Form
EARN Marketing Agreement Form
EARN Marketing Agreement Form
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The First Party is in need of the services of a Partner to refer individuals, to our sellers, who might
become interested in the projects of Amaia Land Corp.
The Second Party’s sole responsibility is to send the details of his/her referral to his partner Amaia
seller. The Second Party is not allowed to promote and market the real estate products of Amaia Land
Corp. unless he/she is a duly licensed real estate broker who have enough experience and expertise.
The First Party has accepted the offer of the Second Party subject to the terms and conditions of this
Contract.
NOW, WHEREFORE, for and in consideration of the foregoing premises and the terms and
conditions hereunder, the parties have voluntarily entered into this Contract, and agreed as follows:
(1) Term. This Contract shall be valid for such period as indicated in Section 1 of the Essential
Provisions attached hereto as Annex “A” (the “Essential Provisions”).
(2) Services. Throughout the Term of this Contract, the Second Party shall perform the functions
and services described and enumerated in Section 2 of the Essential Provisions (the
“Services”), and in particular, refer potential clients/customers to his/her partner Amaia seller
from time to time. For this service, the First Party will pay the Second Party a fee for these
referrals.
(3) Referral Fee. For and in consideration for the rendition of Services by the Second Party
under this Contract, the Second Party shall be entitled to the payment of referral fees as
particularly described in Section 4 of the Essential Provisions.
(5) Relationship between the Parties. The Second Party hereby confirms and acknowledges
that there is no employer-employee relationship between the First Party and that the Second
Party is engaged and shall perform the Services as an independent contractor.
In his/her performance of the Services, the Second Party shall employ his/her own means and
methods, as the First Party is only interested in the results of the Services to be performed by
the Second Party.
The foregoing notwithstanding, it is agreed that, for the sole purpose of coordination and
alignment of goals and objectives and not to unduly interfere with the manner, means and
methods which the Second Party may deem necessary and proper to employ in his/her
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performance of the Services, the Second Party shall strictly comply with all company policies,
guidelines and circulars that the First Party may issue from time to time in connection with
the sale and marketing of its real estate products (the “Products”). These include, but are not
limited to the following:
(a) The Second Party shall make no misrepresentation relative to or in connection with
the First Party or any of the First Party’s Products.
(b) The Second Party is not allowed to put up or publish any advertisement in any form
involving the Products unless he/she is a duly licensed real estate broker.
(c) The Second Party will only have one partner Amaia seller.
(d) The Second Party cannot transfer to other partner seller within 6 months upon receipt
of Referral Network ID.
(6) Termination and Forfeiture. In the event that the Second Party breaches or violates any of
his/her material undertakings, obligations, representations and warranties under this Contract,
the First Party shall have the right to immediately terminate the Contract upon giving the
Second Party prior written notice of at least ten (10) days.
Upon termination of the Contract, the Second Party shall, settle all of the Second Party’s
outstanding accountabilities, and secure a final clearance from the First Party for this purpose.
It is understood and agreed that the First Party shall be entitled to withhold whatever final
allowances may be due to the Second Party until the Second Party has duly and completely
complied with his/her obligations under this provision.
Should the Second Party fail to accomplish / meet the required milestone of the First Party,
the referral fee of the Second Party shall be forfeited.
(7) Confidentiality. The Second Party hereby undertakes to keep all materials, data,
information, strategies and plans relating to or in connection with the First Party’s real estate
projects confidential at all times, except in the following circumstances:
(c) the disclosure covers information that has become part of the public domain by
publication or otherwise through no fault of the Second Party.
In the event that the Second Party is required by any court of competent jurisdiction,
governmental or regulatory body, pursuant to any relevant law or regulation, to disclose any
confidential information, the Second Party shall not disclose any confidential information
until the First Party has had the opportunity to obtain a protective order, an injunctive remedy,
or any other remedy available in law, to protect the confidential information.
(8) Governing Law and Venue. This Contract shall be governed by and construed according to
Philippine law. Any action to enforce the provisions of this Contract shall be brought
exclusively before the proper courts in Makati City, Philippines
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(9) Non-waiver of Rights. The failure of the First Party to insist upon a strict performance of
any of the terms, conditions and covenants hereof, shall not be deemed a relinquishment or
waiver of any right or remedy that it may have, nor shall it be construed as a waiver of any
subsequent breach of the same or other terms, conditions or covenants. Any waiver, extension
or forbearance of any of the terms, conditions and covenants of this Contract by the First
Party shall be in writing and limited to the particular instance only and shall not in any
manner whatsoever be construed as a waiver, extension or forbearance of any other terms,
conditions and/or covenants under this Contract.
(10) Data Privacy. The Second Party acknowledges and agrees that, in the course of providing
the Services, he may receive or have access to Personal Information of the First Party’s
employees, users and/or current and potential customers. As used in this Agreement,
“Personal Information” shall have the meaning ascribed to it under Republic Act No. 10173,
and its implementing rules and regulations, as may be amended from time to time (the “Data
Privacy Act”).
The Second Party represents and warrants that its collection, access, use, storage, disposal,
and disclosure of any Personal Information shall at all times comply with the Data Privacy
Act and all other applicable data privacy and data protection laws and regulations. The
Second Party shall also comply with the terms and conditions set forth in this Agreement in
its collection, receipt, transmission, storage, disposal, use, and disclosure of Personal
Information.
In the event that the Service Provider/Consultant will act as a Personal Information Processor,
The Second Party shall:
1) Process the personal data, including transfers of personal data to another country or an
international organization, only upon the documented instructions of the REB;
2) Ensure that an obligation of confidentiality is imposed on persons authorized to process
the personal data;
3) Implement appropriate security measures and comply with the Data Privacy Act and other
relevant issuances of the National Privacy Commission (“NPC”);
4) Not engage another Personal Information Processor without prior instruction from the
REB: Provided, that for any such arrangement authorized by the REB, The Second Party
shall ensure that the same obligations for data protection under this Agreement are
implemented, taking into account the nature of the processing;
5) Assist the REB, by appropriate technical and organizational measures and to the extent
possible, fulfill the obligation to respond to requests by data subjects relative to the
exercise of their rights;
6) Assist the REB in ensuring compliance with the Data Privacy Act, other relevant laws,
and other issuances of the NPC, taking into account the nature of processing and the
information available to The Second Party;
7) At the option of the REB, delete or return all personal data to the REB after the end of the
provision of services relating to the processing: Provided, that this shall include deleting
existing copies unless storage is authorized by the Data Privacy Act or other relevant
laws;
8) Make available to the REB all information necessary to demonstrate compliance with the
obligations laid down in the Data Privacy Act, and allow for and contribute to audits,
including inspections, conducted by the REB or another auditor mandated by the latter;
and
9) Immediately inform the REB if, in its opinion, an instruction infringes the Data Privacy
Act, or any other applicable issuance of the NPC.
The Second Party hereby accepts the terms and conditions provided for in the Data Privacy
Policy of the First Party (as disclosed in its website: https://www.ayalaland.com.ph/privacy-
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policy/) and undertakes to, and cause its assigns and agents to, abide by said terms and
conditions in fulfilling its obligations and exercising its rights under this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Contract on the date and at the place
specified in the acknowledgment page.
Louie G. Ocampo
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ACKNOWLEDGMENT
I certify that on this date before me, a notary public duly authorized in the city named above to take
acknowledgments, personally appeared:
Competent Evidence
Name of Identity and ID No. Date/Place Issued
who are 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 principal.
ANNEX A
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ESSENTIAL PROVISIONS
(1) Term: In relation to the Clause 1 of the Contract, the engagement of the Second Party shall
be until December 31, 2023, unless forfeited.
(2) Services: In relation to Clause 2 of the Contract, the First Party shall perform the following
services:
A. Refer possible clients/buyers such as, but not limited to:
(a) Family
(b) Relatives
(c) Friends
(d) Colleagues
(3) Referral Fee: In relation to Clause 4 of the Contract, the Second Party shall be entitled to
referral fee, as follows:
For every successful referral, the Second Party is entitled for a Php 5,000 Gcash credits
(NET) per million as referral fee to be deducted from his partner's commission.
Referral fee will be given via GCash credit and will be charged under the seller’s
commission.
(a) Assignment: AMAIA LAND CORP. reserves the right to assign this Contract to a
affiliate or partner seller upon prior written notice to the Second Party.