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Agreement to Market

Allied Mortgage Group Products


and Services

Allied Mortgage Group

and

[CompanyName]
MARKETING AGREEMENT

THIS AGREEMENT entered into effective [StartDate], by and between Allied Mortgage Group and
[CompanyName] (Builder). (Tax ID # [TaxID]).

Allied Mortgage Group, (AMG) desires to have the Builder/Realtor perform certain promotional
services on its behalf and the Builder desires AMG to offer a full line of competitive mortgage
products to its clients and customers and service and represent them with a commitment to
excellence in service delivery. In consideration of the mutual covenants contained herein, and for
other good and valuable consideration, the parties agree as follows:

I. Mortgage Services Provided by AMG


To help the Builder/Realtor serve its clients and customers mortgage needs and manage closings,
AMG will provide the Builder with:

• Weekly Communication – To enhance communication, your dedicated loan officer will


provide a weekly tracking report to you and your sales team which will provide the status of
all customer referrals, if they are pre-approved, and weekly updates of their status if they
have applied for mortgage financing.

• All AMG programs – AMG’s programs will be made available to all potential customers. We
will analyze and recommend the correct program for the customer’s specific requirements.

• Customer Service – Customer relations for AMG at [Project/Office] will be under the
direction of a dedicated AMG Loan Officer.

• Joint Marketing Support/Signage – AMG can optionally create custom designed marketing
materials to promote both your project and Allied Mortgage Group. Included in this joint
marketing material would be approximately a 4ft x 8ft custom designed sign created, at our
expense, for the entrance to your project/office. We have often found that the signs enhance
project visibility and are helpful in generating dales.

During the term of this Agreement, AMG shall pay the Builder/Realtor $[Amount] per month for
marketing and advertising services and, if applicable, desk rental as outlined below. AMG shall
commence payment following implementation of all related services.

II. Marketing Services Provided by the Builder/Realtor


1. Builder/Realtor agrees to promote AMG at the following office/tract locations, in
addition to other office/tract that become available during the term of this Agreement:
• [Address], [City/State/ZIP]

Allied Mortgage Group


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2. Builder/Realtor agrees to provide AMG with access to:
a. Its customers and agents to explain AMG mortgage programs and products and
to solicit mortgage applications.
b. All new agents for agent training on AMG mortgage programs and products.
Builder/Realtor agrees to notify the AMG Loan Officer prior to a new agent’s
start-date.
c. Its weekly sales meetings to give 10 minute updates and provide mortgage
information.
d. 12 homebuyer seminars per year. Builder/Realtor shall provide the advertising for
these events.
e. All open houses/model homes.
f. Additional time for educational training with the Builder’s/Realtor’s employees or
agents as agreed to by AMG and the Builder/Realtor.
g. Involve the AMG Loan Officer in office functions; go on weekly caravans and
company activities in an effort to make them a part of the organization.

3. Builder/Realtor agrees to promote AMG to its agents and its customers for their
mortgage lending needs. This includes:
a. Builder/Realtor promotion and support of AMG to its agents and customers.
b. Encouragement of its agents to promote AMG to its customers.
c. Providing AMG print collateral (e.g., brochures and/or flyers) to its customers.
Standard print collateral will be provided by AMG.
d. Promotion of AMG at special events that may be conducted by Builder/Realtor
insofar as reasonable and mutually agreeable to the parties hereto.

4. Builder/Realtor agrees to erect/install signage as outlined below. Cost of signage and


installation to be borne by AMG.
a. One AMG Display Board in a prominent location of each office/tract named
above.
b. One interior AMG sign in a prominent location in each office/tract named above.
c. One exterior AMG sign in a prominent location on the exterior façade or sign
monument of each office/tract location named above.

5. Builder/Realtor agrees to make available a reasonable amount of its printed


advertising to be used to promote AMG products, services and other information
mutually acceptable to the parties. This includes;
a. Promoting AMG to prospective Sellers of residential real estate via its Marketing
Proposal to Sellers.
b. Incorporating AMG product and/or sample mortgage programs via its advertising
feature sheets.
c. Displaying AMG related customer flyers and brochures (e.g., open house report,
advertising feature sheets, etc.) prominently in the locations listed above and at
open houses, agent offices, etc. so that on average 20 sets of flyers/brochures
are displayed at one time.

6. Builder/Realtor agrees to work with AMG to identify co-marketing ideas for other
marketing and advertising efforts, such as print ads, radio ads, billboards, customer
mailings, etc. For those marketing and advertising activities agreed upon by both parties,
AMG will be invoiced separately by the Builder/Realtor and will reimburse only for the
percentage of the promotion directly related to AMG.

7. Builder/Realtor agrees to restrict non-AMG loan originators from the office/tract work
area and will notify AMG’s Branch Manager prior to allowing office presentations,
seminars, training or joint venture discussions with other lenders, even though there will
be an open door policy for other lenders.

Allied Mortgage Group


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8. Builder/Realtor agrees to provide AMG data regarding the firm’s transactions
including:
a. A monthly penetration report specifying transaction sales amount and lender for
all transactions.
b. A monthly list of customers receiving AMG promotion (e.g., visitor cards/books,
penetration report, etc.).

III. Mutual Provisions. Both parties acknowledge that Builder/Realtor will not require customers
to use AMG. Both Builder/Realtor’s and AMG’s management agree to take a proactive role in
communicating problems or suggestions as needed.

IV. Restriction. During the term of this Agreement, Builder/Realtor shall not offer promotional
opportunities similar to those contained in this Agreement or rent office space to any
residential mortgage lender other than AMG.

V. Term. This Agreement shall commence upon the date of execution and shall continue for a
period of one (1) year. This agreement shall cease upon the formation of a joint venture or
other legal entity between the two parties or between Builder/Realtor and any other entity.

VI. Inspection. Upon reasonable notice, Builder/Realtor agrees to provide on-site access and
assist AMG or its designee in periodically validating that Builder/Realtor has performed and
continues to perform the required services, responsibilities and obligations throughout the
term of this Agreement.

VII. Default. If it is determined that either party has failed to perform the services, responsibilities
and obligations imposed by this Agreement, other than failure to perform due to
circumstances beyond its reasonable control, said party shall be in default. In the event of
default, Builder/Realtor shall not be obligated to perform services, responsibilities and
obligations imposed by this Agreement and AMG shall not be obligated to continue making
monthly payments pursuant to this Agreement.

VIII. Termination. Notwithstanding any other part of this Agreement, should it be determined by a
court of law, new interpretation by legal counsel, or change in law or regulation, that this
Agreement violates any federal, state, or local law or regulation, this Agreement shall
terminate immediately and no further payments, obligations or responsibilities shall continue
hereunder.

IX. Assignment. Neither party may assign this Agreement or any of its obligations hereunder
without the prior written consent of the other party, except that AMG shall have the right to
assign this Agreement and its rights and duties hereunder to its parent corporation or any
affiliate. Subject to the foregoing, this Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns.

X. Independent Contractor. Builder/Realtor shall be an independent contractor under this


Agreement and shall be responsible for all costs and expenses incurred by it under this
Agreement except as specifically stated otherwise.

XI. Governing Law. This Agreement shall be governed by and construed in accordance with
the internal laws (and not the law of conflicts) of the State of Pennsylvania.

XII. Communication. Neither party shall, without the prior written consent of the other, make any
press release or announcement to the general public or to any trade publication with respect
to this Agreement, except as may be necessary, in the opinion of counsel, to comply with the
requirements of any law, governmental order, or regulation.

XIII. Confidentiality. During the term of this Agreement, confidential or proprietary information
will be transmitted or otherwise provided by or on behalf of one party to this Agreement (the
“Discloser”) to the other party (the “Recipient”). Both parties shall maintain and preserve to
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the maximum extent permitted by law the confidentiality of any such information and shall be
entitled to obtain injunctive relief as required to enforce these provisions. Notwithstanding
anything to the contrary, Recipient agrees that Recipient will not use or disclose any
“nonpublic personal information” on a “customer” or “consumer” of Discloser or any of its
affiliates that is made available to or provided to the Recipient by the Discloser (excluding
“nonpublic personal information” already in Recipient’s possession from other sources)
(“Consumer/Customer Information”) for any purpose other than as required for the
performance of the Recipient’s obligations under this Agreement. Recipient will take all
reasonable measures, including without limitation such measures as it takes to safeguard its
own confidential information, to (i) ensure the security and confidentiality of all such
Customer/Consumer Information, (ii) protect against anticipated threats or hazards to the
security or integrity of such Customer/Consumer Information, and (iii) protect against
unauthorized access to or use of such Customer/Consumer Information, including but not
limited to the proper disposal of such information. Recipient further agrees to promptly notify
Discloser in the event that any Customer/Consumer Information is accessed by any
unauthorized person while in the custody of Recipient or any of its affiliates or
subcontractors, and to indemnify Discloser against for cost of providing any legally required
notice to its customers of such event. In addition, Recipient, including its affiliates, will not
disclose such Customer/Consumer Information to any third party unless the Recipient
obtains the prior written consent of Discloser, except as otherwise required by law. For
purposes of this section, the terms “nonpublic personal information,” “consumer” and
“customer” shall have the meanings set forth in Title V of the Gramm-Leach-Bliley Act and its
implementing regulations, and this section shall survive termination of this Agreement.

XIV. Notices. Any notices required under this Agreement shall be deemed to have been properly
given upon receipt of the same by postpaid United States registered or certified mail, return
receipt requested, or by overnight courier, or by personal service at the following addresses:

President [ContactName]
Allied Mortgage Group [CompanyName]
7 Bala Ave, Bala Cynwyd Pa 19004 [City/State/ZIP]

XVI. DESK RENTAL PROVISIONS


1. Location and Services. As additional consideration for this Agreement, Builder/Realtor agrees to
rent to AMG during the term of this Agreement and included as part of the above payment,
office/tract space(s) together with adequate parking (Premises) located at:

• [Address], [City/State/ZIP]

Square footage total for all locations: [DeskSF]

Builder/Realtor agrees to provide AMG as part of monthly payment all the amenities and
office needs that are provided to its employees, agents, independent contractors or other
tenants. These include but are not limited to the following, as applicable: utilities,
photocopying, facsimile machine, postage metering, courier service, telephone and internet
service and equipment, voice mail, receptionist, conference room, office furniture and
equipment, janitorial services, trash and snow removal, toilet facilities, and adequate parking
in close proximity.

2. Compliance. Builder/Realtor warrants that the Premises including fixtures shall at all times
conform to all requirements of law, regulation or other authority, whether now or hereafter in
effect.

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3. Maintenance and Repairs. Builder/Realtor shall, at its expense, make all maintenance, repairs
and replacements to the Premises, building containing the Premises, common areas, sidewalks,
curbs, parking lots and below grade or concealed plumbing or utilities, which are necessary to
maintain the Premises in a safe, dry and tenantable condition and in good working order.

4. Insurance. Builder/Realtor shall maintain, at its own expense, the following insurance coverages
during the entire term of this Agreement: 1) Special Form (all risk) Property Insurance coverage
on the Building and the Premises, including any improvements and betterments, in such
amounts as the Builder’s/Realtor’s mortgagees shall require and (2) Commercial General
Liability Insurance against claims for bodily injury, including death, and/or property damage
occurring in or about the Premises, Building or the Land. Builder further agrees that such
insurance shall be purchased from a financially sound insurance company and shall be primary
and non-contributory with any insurance carried by AMG.

The terms and conditions of this Agreement supersede those of any previous marketing and/or office
space rental agreements between the parties and constitute the sole agreement between the
parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first
above written.

Allied Mortgage Group [CompanyName]

By: By:
Printed Name: [RetailContact] Printed Name: [ContactName]
Title: Branch Manager Title: [ContactTitle]

Final Approval:

By: _________________________________
Printed Name: _________________________
Title: ________________________________

Allied Mortgage Group

Allied Mortgage Group


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