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The Independent Contractor Agreement Between Broker And Associate is a crucial document in the Philippine real estate industry, designed to formalize the professional relationship between licensed real estate brokers and their associates. This agreement is particularly important in the context of Philippine law, which requires specific compliance with the Real Estate Service Act (RESA) and related regulations. It should be used whenever a broker engages an associate as an independent contractor rather than an employee, typically in situations where the associate maintains significant autonomy in their work while operating under the broker's license and supervision. The document addresses essential aspects such as commission splits, scope of authority, compliance requirements, professional obligations, and risk allocation, while ensuring alignment with Philippine labor laws that distinguish independent contractors from employees. The agreement also incorporates provisions for anti-money laundering compliance, data protection, and professional standards required by Philippine regulatory authorities.

1. Parties: Identifies the broker and associate with their complete legal names, licenses, and contact information

2. Background: Outlines the context of the agreement, including the broker's business and associate's qualifications

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Establishes the independent contractor relationship and defines the associate's authorized activities

5. Independent Contractor Status: Explicitly confirms the nature of the relationship and distinguishes it from employment

6. Duties and Responsibilities: Details specific obligations of both the broker and associate

7. Compensation and Commission Structure: Outlines the payment terms, commission splits, and payment procedures

8. Compliance Requirements: Specifies obligations regarding licenses, permits, and regulatory compliance

9. Term and Termination: Defines the agreement duration and conditions for termination

10. Confidentiality and Data Protection: Addresses handling of confidential information and data privacy requirements

11. Non-Compete and Non-Solicitation: Outlines restrictions on competitive activities during and after the agreement

12. Insurance and Liability: Specifies insurance requirements and allocation of liability

13. Dispute Resolution: Details procedures for handling disputes

14. Governing Law: Specifies Philippine law as governing law and jurisdiction

15. General Provisions: Includes standard clauses like amendments, notices, and severability