Welcome to Home Sweet Home

HOME SWEET HOME REFERRAL EXCHANGE NETWORK AND REFERRAL RETENTION AGREEMENT

This Referral Agreement (the “Agreement”) is entered into upon the date the Referring Party (hereinafter referred to as “User”) of this Home Sweet Home website and is made on the date of digital signing and enrollment into the Home Sweet Home Referral Exchange Network (the “Effective Date”), by and between:

Home Sweet Home, with an address of:
8224 Manchester Road (Suite 102)
Brentwood, MO 63144

(hereinafter referred to as the “Company”) and User with an address disclosed upon completion and submission of the address indicated on the HSH Referral Exchange Network Enrollment Form, collectively “the Parties.”

Purpose. Company is primarily in the business of providing education, advice and financial guidance to referred clients seeking to qualify for home loan financing. Company also advertises and sells advertising services to fulfill its primary business mission. Company is also desirous of gaining additional clients/customers for its Users. Company is not a lender, real estate agent, credit repair organization or debt settlement company. Home Sweet Home also makes no guarantee - express or implied - that any referral shall reach loan qualification. However, Home Sweet Home shall make every good faith effort to assist referred clients in obtaining home loan qualification.

Minimum Referral Sign Up Requirement. Users who are enrolled Members of the Home Sweet Home Referral Exchange Network must remit and sign up 3 (three) paying Home Ownership Program referrals per quarter to be considered “Active”. Failure to do so may result in User’s standing in the Home Sweet Home Referral Exchange Network cancelled by Home Sweet Home management.

Communication Required. Users who are Members of the Home Sweet Home Referral Exchange Network who do not respond to Home Sweet Home phone calls, emails or phone calls shall have their membership in said network cancelled. Failure to respond to the phone calls, emails, or texts of other User Network Members or referred clients shall have their membership in said network cancelled.

Referral Retention. All Users making any referral via the Home Sweet Home Referral Exchange Network shall maintain any and all referrals made via said network in order to transact business at a later date. Such business of User is understood to typically relate to the execution of a transaction of a real estate contract and/or home loan. However, in the event that the User ceases to continue doing business, or in the event of untimely demise, the User may designate User to receive back their referral(s) to execute a future loan or real estate transaction. However, in the event the referral made by User cannot be returned to User for any unforeseen circumstance(s) (such the referrals’ untimely demise, loss of employment, sudden disability, etc.) Home Sweet Home shall advise User of such circumstances.

Referral Privacy. User agrees to obtain the referral's permission prior to referring any referral. This also includes a duty of the User to state clearly the following: (1) Stating that referral’s name, email address and phone number will be provided to Home Sweet Home (if so authorized); (2) Stating who Home Sweet Home is and that they assist buyers in becoming loan worthy; (3) A Home Sweet Home representative shall contact the User’s referral.

Term. This Agreement shall commence upon the Effective Date, as stated above, and shall continue until a real estate transaction is fully concluded with User or until such time of untimely demise, dissolution, change in career status, written notice or the like by either of the parties.

Confidentiality. During the course of this Agreement, it may be necessary for Company to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to User in order for User to be well informed. User shall not share any of this proprietary information at any time with any other person, organization or entity via any mode of copying, facsimile, scan, etc. User is strictly prohibited from using any of this proprietary information for his/her personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by it’s natural termination or early termination by either party.

Termination. This Agreement shall end in the following circumstances: User decides to quit the Home Sweet Home Referral Exchange Network either by notice; failure of User to meet minimum referral requirements to keep membership standing; repeated failure to reply to phone calls, emails or text messages sent by Home Sweet Home; referred parties; or other Users who are Members of the Home Sweet Home Referral Exchange Network. Also, any other action or inaction deemed by Home Sweet Home to be offensive, objectionable, or unacceptable.

Representations and Warranties. Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.

Indemnity. The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which results from the negligence of or breach of this Agreement (or relating Agreements or in the course of executing regular business activities related to this Referral Agreement) by the indemnifying party, its respective successors and assigns that occurs in connection with this Agreement. This section remains in full force and effect even after termination of the Agreement by its natural termination or early termination by either party.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH.

Disclaimer of Warranties. User shall refer potential clients/customers as requested by Company if and when able to do so. USER DOES NOT REPRESENT OR WARRANT THAT SUCH REFERRALS WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. COMPANY HAS NO RESPONSIBILITY IF USER REFERRALS DO NOT LEAD TO USER’S DESIRED RESULT(S).

Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.

Waiver. The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

Binding Arbitration. In the event of a dispute, the Parties agree to submit to binding arbitration and the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.

Governing Law, Jurisdiction, Binding Arbitration. The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by Missouri law. Parties shall agree, in the event of any dispute, the matter shall be submitted to binding arbitration for resolution. In the event the Parties do business in different States, then the matter shall be submitted to a Missouri Arbiter located in the county of Saint Louis.

Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

The User agrees to the terms and conditions set forth in this Referral Exchange and Retention Agreement by submission of a digital signature via the HSH Referral Exchange Network Enrollment Form.