Solutionstar Settlement Services BPO Provider Application Package October 2013
BPO PROVIDER APPLICATION PACKAGE Thank you for your interest in becoming a BPO provider for Solutionstar Settlement Services. We are looking for long term, strategic partners who share our passion for delivering industry-leading settlement service solutions. This BPO Provider Application Package contains the requirements for joining our agent/broker network and information regarding Solutionstar s expectations for the BPO process. The following documents are required for network approval: 1. Copy of current license All licenses must be in good standing with your Board with no prior or current disciplinary action from any State Board. 2. Copy of E&O declaration page 3. W-9 (December 2011) Editable PDF can be obtained at IRS website (www.irs.gov) 4. Completed Information Page (Page 3) 5. Completed Coverage form (Page 4) 6. Initialed and Signed Engagement Agreement (Pages 5-8) Solutionstar evaluates and allocates order assignment based on broker/agent delivery timeframes, report quality, professionalism, and the competitiveness of fees for your market. BPO Provider MUST have internet access and scanning capability to be approved for the Solutionstar network. Incomplete applications may not be processed. Send completed package to: reo@solutionstar.com Thank you for your interest in joining the Solutionstar network. We look forward to working with you! Vendor Management Solutionstar 888.852.5381
AGENT / BROKER INFORMATION Company Name: (Must match W-9 if Corporation) Contact Name: (Must match W-9 if Sole/Individual) Mailing Address: Office/Home Phone: Fax: Mobile Phone: Email: Preferred Method of Contact: MOBILE OFFICE/HOME EMAIL Software Utilized: How many years experience do you have working with a national BPO provider? How many years experience do you have providing BPOs? How many years of REO experience do you have? How many years of short sale experience do you have?
COVERAGE INFORMATION OVERALL MAX ASSIGNMENTS PER DAY: Please list all state(s) and corresponding counties of coverage in the table below. STATE COUNTY County Max Per Day
Solutionstar Settlement Services LLC Realtor Broker/Agent Engagement Agreement This Realtor Agent/Broker Engagement Agreement ( Agreement ) is entered into this day of Enter Month Enter Day 20 ( Effective Date ) by and between Solutionstar Settlement Services LLC, Enter Year 420 Rouser Road, Bldg. #3, Fl. 5, Coraopolis, Pennsylvania 15108 ( SSS ) and Enter Provider Name, ( Realtor Agent/Broker ). This Agreement sets forth the terms and conditions pursuant to which Solutionstar may retain Realtor Agent/Broker on a non-exclusive basis at Solutionstar s discretion from time to time to provide professional Broker Price Opinion services ( Broker Price Opinion Services ). 1. Broker Price Opinion Services. Realtor Broker/Agent shall perform the services described in a separate Broker Price Opinion request, order or other manner of request to Realtor Broker/Agent by Solutionstar for Broker Price Opinion Services. 2. Compliance with Laws. At all times while performing Broker Price Opinion Services pursuant to this Agreement or request for Broker Price Opinion Services by Solutionstar, Realtor Broker/Agent hereby warrants and represents that all Broker Price Opinion Services performed by Realtor Broker/Agent, Realtor Broker/Agent s employees, subcontractors or other agent(s) of Realtor Broker/Agent, pursuant to this Agreement, work order, or other request by Solutionstar. Realtor Broker/Agent shall further (a) comply with all instructions provided to Realtor Broker/Agent by Solutionstar in connection with a Broker Price Opinion(s), (b) perform all Broker Price Opinion Services in a professional and workmanlike manner; and, (c) perform all services generally performed by Realtor Broker/Agents in conducting the type of Broker Price Opinion Services required by this Agreement and/or separate request from Solutionstar. Notwithstanding anything to the contrary in this Agreement, if the continued provision of all or any portion of the Broker Price Opinion Services becomes impossible, impractical, or undesirable due to a change in applicable federal, state or local laws, regulations, rules, or professional or Solutionstar customer requirements, as determined by Solutionstar in its reasonable judgment, Solutionstar may either (a) terminate this Agreement, or (b) require Realtor Broker/Agent to comply with applicable federal, state or local laws, regulations, rules, or professional or Solutionstar customer requirements, including, but not limited to, a request of Realtor Broker/Agent by Solutionstar to submit to a criminal background, drug, and/or credit screening, if Realtor Broker/Agent elects to continue to perform Broker Price Opinion Services for Solutionstar. Solutionstar will attempt to provide written notice of its determinations and concomitant actions as far in advance of the effective date of changes to applicable federal, state or local laws, regulations, rules, or professional or Solutionstar customer requirements as is reasonably possible under the circumstances. 3. Compensation and Payment. Solutionstar shall pay Realtor Broker/Agent in accordance with a fee schedule as the parties may from time to time mutually agree upon. Realtor Broker/Agent shall not submit individual invoices with each completed Broker Price Opinion. Upon delivery of the final version of the Broker Price Opinion report from Solutionstar Quality Control to the requesting lender, payment transactions will be automatically submitted to Solutionstar Accounting. Checks and remittance statements will not include subject property addresses, only Solutionstar order numbers and therefore, Realtor Broker/Agents should maintain independent accounting records. Realtor Broker/Agent Initials Solutionstar Settlement Services Realtor Broker/Agent Agreement October 2013 Package Solutionstar Confidential & Proprietary Information Do Not Redistribute Page 1
4. Licenses. Realtor Broker/Agent warrants and represents that Realtor Broker/Agent, and where applicable, all employees and subcontractors of Realtor Broker/Agent have the capability, experience, means, and required and appropriate licenses, permits, and certifications to perform the Broker Price Opinion Services contemplated by this Agreement. Prior to performing Broker Price Opinion Services for Solutionstar, Realtor Broker/Agent agrees to provide evidence to Solutionstar of Realtor Broker/Agent s license or certification as required by the state where real property to be appraised is located. Realtor Broker/Agent understands and hereby agrees that Realtor Broker/Agent s license number and expiration dates will be kept in Solutionstar s computerized tracking system. Realtor Broker/Agent s approval status to perform Broker Price Opinion Services on behalf of Solutionstar will be deactivated automatically upon expiration of Realtor Broker/Agent s license or certification until Solutionstar receives Realtor Broker/Agent s renewal license. 5. Skills; Employees and Contractors. Realtor Broker/Agent shall at all times utilize appropriately qualified and skilled personnel to perform the services required by this Agreement. The Broker Price Opinion Services shall be performed by Realtor Broker/Agent or Realtor Broker/Agent s own employees unless Realtor Broker/Agent obtains prior written permission from Solutionstar. Realtor Broker/Agent shall take all appropriate steps to ensure that all Broker Price Opinion Services performed by its employee(s), and/or permitted subcontractors, are conducted in professional and workmanlike manner and in accordance with established industry practices. Realtor Broker/Agent shall be responsible for the acts and omissions of its employees and others retained by Realtor Broker/Agent who perform Broker Price Opinion Services in connection with this Agreement. Notwithstanding the above, Realtor Broker/Agent may retain non-employee secretarial or clerical personnel without obtaining permission from Solutionstar. 6. Confidentiality; Communications. 6.1 Confidential Information. During the term of this Agreement, Realtor Broker/Agent acknowledges that it, its directors, officers, employees, agents, and subcontractors, may, in the course of performing Realtor Broker/Agent s duties and responsibilities under this Agreement, be exposed to or acquire information which is proprietary to or confidential to Solutionstar or its clients, including, without limitation, non-public personal information about consumers and customers of Solutionstar s clients ( Confidential Information ). Confidential Information does not include any information which (a) is or becomes generally available to the public other than as a result of disclosure by Realtor Broker/Agent, (b) was known by Realtor Broker/Agent at the time of disclosure of the information, and that knowledge is evidenced in writing, (c) was or becomes available from a source other than the owner if the source was not legally bound to the owner to maintain the confidentiality of the information, or (d) the Realtor Broker/Agent independently develops the information without use of or reference to the Confidential Information. 6.2 Security of Confidential Information. Realtor Broker/Agent agrees to hold Confidential Information in strict confidence and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give or disclose Confidential Information to third parties or to use Confidential Information for any purposes other than the purposes contained in this Agreement. Realtor Broker/Agent shall apprise all of its agents, employees, officers, directors, subcontractors, and other parties for which Realtor Broker/Agent is responsible of its obligations to keep Confidential Information confidential, and Realtor Broker/Agent shall be responsible for any breach of this Confidentiality provision by it or any of the aforementioned parties related to Realtor Broker/Agent. Realtor Broker/Agent agrees to disclose the Confidential Information only to those who need to know it for the purposes of performing the Broker Price Opinion Services contemplated hereunder. Realtor Broker/Agent further agrees to protect the security and confidentiality of all non-public personal information about consumers and customers of SSS clients in accordance with the Gramm-Leach-Bliley Act ( GLBA ) and other applicable laws, regulations, and rules concerning the confidentiality of consumer information. 6.3 Communications. While performing Broker Price Opinion Services hereunder, unless Realtor Broker/Agent receives prior approval from Solutionstar, Realtor Broker/Agent shall not communicate in writing or orally concerning property to be appraised, with the owner(s), a borrower(s) who is a party to a purchase contract concerning the property to be appraised, mortgage brokers, real estate brokers, real estate agents, or any employee of the lender or loan originator for whom the Broker Price Opinion is being conducted. Realtor Broker/Agent Initials Solutionstar Settlement Services Realtor Broker/Agent Agreement October 2013 Package Solutionstar Confidential & Proprietary Information Do Not Redistribute Page 2
7. Insurance and Coverage. Realtor Broker/Agent shall at its own expense secure and maintain, throughout the term of this agreement, insurance coverage of the following: Commercial General Liability covering liability arising from bodily injury, property damage, and personal injury with limits of not less than $1,000,000 per occurrence; $1,000,000 Personal Injury/Advertising Injury Limit; $2,000,000 General Aggregate, Professional Liability/Errors and Omissions covering liability due to errors or omissions in the performance of Services under the Agreement with limits of not less than $1,000,000 per occurrence, and Workers Compensation (Coverage A) insurance (and similar coverage outside of the United States) as required by statute in the state or jurisdiction in which employees are located and Employer s Liability (Coverage B) insurance, with limits of not less than $500,000 bodily injury by accident, $500,000 bodily injury by disease, and $500,000 disease aggregate. The certificates shall contain evidence that the policy or policies shall not be canceled or materially altered without at least thirty (30) calendar days prior written notice. The insurance coverage and limits required to be maintained by Realtor Broker/Agent and any of its approved subcontractors shall be primary to insurance coverage, if any, maintained by Solutionstar. 8. Indemnification. Realtor Broker/Agent shall hold harmless and indemnify Solutionstar, its affiliates and clients, and each of their respective directors, officers, employees, agents and representatives (collectively, "Indemnitees"), against all losses, liabilities, penalties, damages, expenses, costs, and fees (including without limitation attorneys fees) (collectively, "Losses"), that are threatened, incurred or imposed upon an Indemnitee, its assets or properties to the extent that such Losses relate to or arise out of an error or omission of the Realtor Broker/Agent in connection with this Agreement or the Realtor Broker/Agent's provision of services or compliance with applicable laws hereunder. Realtor Broker/Agent shall not be liable for the errors or omissions of an Broker Price Opinion provider, Solutionstar or any of their respective clients. 9. Termination. Solutionstar and Realtor Broker/Agent shall have the right to terminate this Agreement at any time upon not less than ten (10) days written notice to the other party. In the event of termination by either party, Solutionstar will be liable to Realtor Broker/Agent for undisputed fees for Broker Price Opinion Services rendered up to the effective date of termination. Notwithstanding any termination of this Agreement, Realtor Broker/Agent s obligations under sections 6, 7, 8 and 9 shall survive and remain in full force and effect. 10. Independent Contractor. In the performance of its services under this Agreement, Realtor Broker/Agent shall act solely as an independent contractor, and nothing contained or implied herein, including reference to the Realtor Broker/Agent as a vendor, shall at any time be construed to create a relationship of employer and employee, partnership, principal and agent or joint venture partner between Realtor Broker/Agent, Solutionstar or any of Solutionstar s clients. 11. Governing Law. This Agreement shall be governed by the internal laws (but not the conflicts laws) of the State of Pennsylvania. 12. Assignment. Realtor Broker/Agent may not assign its rights and obligations under this Agreement (including exhibits, addendums, work orders or any other request for services), in whole or in part, without the prior written consent of Solutionstar, which consent shall not be withheld unreasonably. Any attempted assignment, delegation or transfer in any manner of any rights or obligations that is contrary to the terms of this section shall be null and void. 13. No Third Party Beneficiaries. There are no third party beneficiaries of this Agreement. 14. Severability. If any provision in this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Realtor Broker/Agent Initials Solutionstar Settlement Services Realtor Broker/Agent Agreement October 2013 Package Solutionstar Confidential & Proprietary Information Do Not Redistribute Page 3
15. Entire Agreement. This Agreement (including any exhibits, addendums or other requests for service) sets forth the entire understanding and agreement of Realtor Broker/Agent and Solutionstar, and supersedes any and all oral or written agreements or understandings between the parties, as to the subject matter of such agreements. This Agreement may be changed only by a writing signed by both parties. 16. Acceptance. Solutionstar s delivery after the Effective Date of a request for Realtor Broker/Agent to perform Broker Price Opinion Services as described in a separate Broker Price Opinion request, order or other manner of request to Realtor Broker/Agent by Solutionstar indicates Realtor Broker/Agent s acceptance of this Agreement, its agreement to be bound by the terms and conditions hereof, and its entitlement to enforce all rights and remedies available hereunder. 17. Authority. The person signing below represents and warrants that he or she has the necessary authority to bind the Realtor Broker/Agent. IN WITNESS WHEREOF, Realtor Broker/Agent has caused this Agreement to be executed by its duly authorized officer or representatives effective as of the date first written above. REALTOR BROKER/AGENT SOLUTIONSTAR SETTLEMENT SERVICES, LLC REALTOR BROKER/AGENT SIGNATURE JOE CHAPPELL PRINTED NAME SVP COMPANY DATE TITLE DATE Solutionstar Settlement Services Realtor Broker/Agent Agreement October 2013 Package Solutionstar Confidential & Proprietary Information Do Not Redistribute Page 4