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Citi Application For Employment
1. CHS
APPLICATION FOR EMPLOYMENT
NEW ASSOCIATE CHECKLIST
Name:________________________________________________________________________
Start Date:_____________________________________________________________________
Please complete and return the following forms back to CHS:
__ Completed W-9 Form
__ Copy of Driver’s License
__ Copy of Social Security Card
__ Original Copy of Real Estate Sales License (if applicable)
You will be contacted by an Officer of the company as soon as we receive all of the above
completed documents to welcome you to CHS and to order business cards, schedule training,
marketing and a number of other things that we will go over with you on the initial call.
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2. CHS
APPLICATION FOR EMPLOYMENT
All applicants will be considered for employment without regard to sex (including gender –
identity), race, color, religion, national origin, ancestry, pregnancy, or related medical conditions,
marital status, sexual orientation, medical condition, veteran status, physical or mental disability, or
any other legally protected classification, except as may be permitted by law. CHS also provides
reasonable accommodations to qualified individuals with disabilities, in accordance with the
Americans With Disabilities Act and applicable state and local laws. If you need any
accommodations in connection with completing this application or any other pre-employment test
or requirement, please notify us.
APPLICANT IDENTIFICATION RECORD
APPLICANT NAME – PLEASE PRINT
HOME ADDRESS HOME PHONE CELL PHONE
CITY AND STATE (INCLUDING ZIP CODE) WORK PHONE
SOCIAL SECURITY NUMBER E-MAIL ADDRESS
THE FOLLOWING INFORMATION IS REQUESTED BY THE U.S. DEPARTMENT OF
LABOR TO MONITOR CITI HOME SOLUTIONS INC.’S COMPLIANCE WITH FAIR
EMPLOYMENT PRACTICE LAWS. THE LAW PROVIDES THAT AN EMPLOYER MAY
NOT DISCRIMINATE ON THE BASIS OF THIS INFORMATION OR ON THE BASIS OF
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3. CHS
APPLICATION FOR EMPLOYMENT
WHETHER OR NOT IT IS FURNISHED. DISCLOSURE OF THE INFORMATION
REQUESTED IS VOLUNTARY AND WILL NOT AFFECT YOUR EMPLOYMENT
OPPORTUNITES WITH CHS. IF YOU DO NOT WISH TO FURNISH THIS INFORMATION,
PLEASE INDICATE BELOW.
I do not wish to furnish this information __
Please check only one line in each category:
Ethnic Code:
__American Indian
__Alaskan Native
__Asian/Pacific Islander
__Black
__Hispanic
__White
__Other: ___________________________________________
Sex:
__Female
__Male
Referred By:
__Employee Referral: _________________________________
__Internet
__Newspaper
__Walk-In
__Other: ____________________________________________
MUTUAL AGREEMENT TO ARBITRATE CLAIMS
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4. CHS
APPLICATION FOR EMPLOYMENT
It is possible that differences could arise between us – the Company (as defined in Paragraph 9
below) and you – related to your employment. Resolving such differences in the courts can be
expensive and time-consuming for all concerned. As a result, the Company has elected to arbitrate
all employment-related disputes (with the exception of those that are specified below). By signing
this Mutual Agreement to Arbitrate Claims (“Agreement”), we are both agreeing to use arbitration
to resolve any employment-related disputes, thereby waiving our right to a court proceeding before
a jury.
1. Arbitration Defined. Arbitration is a procedure for resolving disputes outside of the court
system, with a final decision in favor of one party made by a neutral third party (the
arbitrator) rather than by a judge or jury following a trial. Its purpose, like that of a court
proceeding, is to resolve a dispute that the parties cannot resolve themselves. Arbitration is
different from a legal proceeding in a court of law in a number of ways. One key difference
is that there is no jury in any case that is arbitrated. Instead, the arbitrator is in charge of the
proceedings and is the sole decision-maker. Also, the rules applied by the arbitrator are
often less formal and less rigid than the rules that apply in court. The rules and procedures
that will apply to any arbitration between you and the Company are described in Paragraph
5 below. Arbitration shall be the only means for resolving these employment-related
disputes and any written decision issued by an arbitrator under this Agreement shall be final
and binding on you and the Company.
2. Waiver of Right to Jury. BY ENTERING INTO THIS AGREEMENT, YOU AND
THE COMPANY WILL BE GIVING UP ANY RIGHT WE EACH MIGHT HAVE
TO BRING A CASE AGAINST EACH OTHER RELATED TO YOUR
EMPLOYMENT OR TERMINATION BEFORE A JURY. IF YOU SIGN THIS
AGREEMENT, YOU ARE ACKNOWLEDGING THAT YOU UNDERSTAND THIS
AGREEMENT AND ARE VOLUNTARILY WAIVING ANY AND ALL RIGHTS
YOU HAVE UNDER THE LAW TO A TRIAL BEFORE A JURY.
3. Claims We Agree To Arbitrate. You and the Company are agreeing to resolve any disputes
related to your employment, or the termination of your employment, with the Company by
going to arbitration, to the fullest extent allowed by law. Examples of the types of claims
that we agree to arbitrate include claims concerning your application for employment, the
Company’s decision to hire you, issues concerning your commission, promotion, demotion,
termination, or any discipline that you may receive. You should also be aware that you
must arbitrate any claim of discrimination, retaliation or harassment. The Company is also
covered by this Agreement and must arbitrate any claims it may have against you, which
could include claims for misappropriation of Company equipment or other property;
disclosure of the Company’s proprietary information or trade secrets; interference with the
Company’s contracts; trade libel against the Company; or breach of the duty of loyalty.
This type of agreement is known as a “bilateral agreement” because it applies equally to
both you and the Company. All of the specific types of claims listed in this paragraph are
intended as examples only. The purpose of this Agreement is to arbitrate all disputes
relating to your employment unless mandatory arbitration of that particular claim is
prohibited by law. The specific claims in this category are discussed in the next paragraph.
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5. CHS
APPLICATION FOR EMPLOYMENT
4. Claims not covered by This Agreement. This Agreement does not cover claims where
mandatory arbitration is prohibited by law, such as claims arising under the National Labor
Relations Act. In addition, you may currently have or while you are employed by the
Company you may apply for and receive a mortgage loan, loan modification, credit repair
from the Company, or the Company may service a mortgage loan that you will or have
obtained from the Company or another lender. Any such mortgage loan is not related to
your employment, and this Agreement does not cover any claims that relate to any default
of any obligation by either the Company (as a lender or servicer) or you (as a borrower)
under any mortgage loan which was made or serviced by the Company. Finally, this
Agreement does not cover claims under any profit sharing plan.
5. How the Arbitration Process Will Work. A neutral arbitrator from the American
Arbitration Association (or “AAA”) will conduct any arbitration under the Agreement. To
start the arbitration process, a party must file a written Claim with AAA. AAA has
established rules called the “National Rules for the Resolution of Employment Disputes”
(or the “AAA Rules”) that will apply to any Claim under this Agreement. Claim forms and
AAA Rules can be obtained electronically at www.adr.org, by mail at 335 Madison
Avenue, Floor 10, New York, New York 10017-4605, or by calling 212-716-5800 or
800-778-7879. If AAA cannot or will not handle any arbitration under this Agreement,
then JAMS/Endispute, Inc. will do so using its Arbitration Rules and Procedures for
Employment Disputes (“JAMS Rules”). Claim forms and the JAMS Rules can be obtained
electronically at www.jamsadr.com, by mail at 1920 Main Street, Irvine, California 92614,
or by calling 949-224-1810. Each party may be represented by an attorney at any
arbitration covered by this Agreement. The parties can conduct discovery under the AAA
Rules or the JAMS Rules, as appropriate. Discovery is a process that allows the parties to
investigate the facts that relate to their dispute, by taking depositions of any person who
may know facts about the dispute, asking another party (or a third party) for documents,
asking a party written questions (called “interrogatories”) about certain facts, documents or
other information, or asking a party to admit certain facts (known as “requests for
admissions”). Arbitration will then proceed in a conference room or law office that the
arbitrator designates for a hearing. Witnesses can be called and evidence submitted during
this hearing. The hearing may last one or more days. At the end of the hearing, the
arbitrator will issue a written award that contains his or her essential findings and
conclusions. The arbitrator can award the same types of relief available in court (such as
money damages or reinstatement of employment). The written award may be subject to
limited court review, in accordance with applicable law.
6. Fees and Costs. The party filing the arbitration Claim shall pay AAA its filing fee up to a
maximum of $125.00. The Company shall pay for the remainder of the AAA filing fee, if
any, and any other fees or costs charged by AAA for the arbitration. You are responsible
for paying your own attorneys’ fees and any and all other costs that you or your attorney(s)
incur in connection with the arbitration. Likewise, the Company is responsible for it’s
attorney’s fees and the costs that it or it’s attorney(s) incur. However, the arbitrator may
decide that the losing party will pay the winning party’s attorney’s fees and costs when and
in the amount allowed by law.
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6. CHS
APPLICATION FOR EMPLOYMENT
7. Severability. If any provision of this Agreement, the AAA Rules or the JAMS Rules is
found void or unenforceable, the remainder of this Agreement, the AAA Rules or the JAMS
Rules will still apply.
8. Definition of Company. All references to the “Company” in this Agreement refer to Citi
Home Solutions INC. as well as all of their future subsidiaries, officers, directors and
employees, all their sponsors, fiduciaries, administrators, affiliates and agents, and anyone
that might be assigned this Agreement by the Company or might assume the Company’s
rights and obligations under this Agreement.
9. Entire Agreement. This is the complete Agreement of the parties on the subject of
arbitration of disputes. This Agreement replaces any oral or written agreement on the
subject that you and the Company may have had. You are relying entirely on this
Agreement and not on anything else that the Company might have written or said about the
Agreement or what it means.
BY SIGNING BELOW, YOU AGREE THAT YOU HAVE CAREFULLY READ THIS
AGREEMENT AND UNDERSTAND IT. YOU ARE ENTERING INTO THIS
AGREEEMENT VOLUNTARILY AND NOT BASED ON ANY PROMISES OR
REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS AGREEMENT
ITSELF.
YOU FURTHER ACKNOWLEDGE THAT YOU KNOW THAT YOU HAVE THE RIGHT
TO DISCUSS THIS AGREEMENT WITH YOUR OWN PERSONAL LEGAL COUNSEL
AND THAT YOU HAVE TAKEN THE OPPORTUNITY TO DO SO TO THE EXTENT
DESIRED.
EMPLOYEE: COMPANY:
______________________________________ ____________________________________
Signature of Employee Signature of Executive
______________________________________ ____________________________________
Print Name of Employee Name of Executive
______________________________________ ____________________________________
Date: Date:
INDEPENDENT CONTRACTOR AGREEMENT
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7. CHS
APPLICATION FOR EMPLOYMENT
THIS INDEPENDENT CONTRACTOR AGREEMENT (the “Agreement”) is made and entered
into by and between CITI HOME SOLUTIONS INC. (the “Company”), and YOU (the
“Contractor”), effective on the “Date” in this agreement.
RECITALS
WHEREAS, the Company desires Contractor's services with respect to the services of the
Company, and Contractor agrees to provide such services to the Company through a contractor
relationship with the Company.
NOW THEREFORE, in consideration of the mutual obligations specified in this Agreement, the
parties agree to the following:
1. CONTRACTING SERVICES ENGAGEMENT. The Company hereby retains Contractor, and
Contractor hereby accepts such retention, to perform contracting services for the Company as set
forth herein.
(a) SCOPE. Contractor shall provide contracting services (“Services”) to the Company as defined
in Exhibit A attached hereto. Contractor shall begin providing Services on (the “Date” in this
agreement).
(b) PERFORMANCE AND TIME COMMITMENT. Contractor shall render the Services on a
basis to be mutually agreed upon by Contractor and the Company.
(c) PROFESSIONAL STANDARDS. The manner and means used by Contractor to perform the
Services desired by the Company are in the discretion and supervision of the Chief Executive
Officer, Chief Operations Officer, and Chief Financial Officer of the Company. Contractor's
Services, and the results thereof, will be performed with and be the product of the highest degree of
professional skill and expertise.
(d) INDEPENDENT CONTRACTOR STATUS. It is understood and agreed that Contractor is an
independent contractor, and is not an agent or employee of the Company. Contractor will not be
eligible for any employee benefits, nor will the Company make deductions from any amounts
payable to Contractor for taxes or insurance. All payroll and employment taxes, insurance, and
benefits of Company’s employees shall be the sole responsibility of Contractor. Contractor retains
the right (as limited in Section 3) to provide services for others during the term of this Agreement
and is not required to devote its services exclusively for the Company.
2. COMPENSATION.
(a) In consideration of Contractor's provision of the Services, the Company shall pay Contractor
commissions as defined in Exhibit B attached hereto.
(b) The Company shall reimburse Contractor for pre-approved expenses actually incurred by
Contractor in performing the Services, including but not limited to travel and accommodation
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8. CHS
APPLICATION FOR EMPLOYMENT
expenses, so long as such expenses are reasonable and necessary as determined by the Company.
Contractor shall maintain adequate books and records relating to any expenses to be reimbursed
and shall submit requests for reimbursement in a timely manner and form acceptable to the
Company. The Company shall not be responsible for reimbursement of expenses for which
Contractor fails to provide documentation deemed adequate by the Company.
(c) Contractor will provide the Company a monthly statement indicating all fees and expenses for
the prior month. The Company will pay Contractor the amounts indicated in the statement in a
manner mutually agreed upon by the Company and Contractor.
3. NO CONFLICT OF INTEREST; NON-COMPETE.
(a) During the term of this Agreement, Contractor will not accept work, enter into a contract, or
accept an obligation from any third party, inconsistent or incompatible with Contractor's
obligations, or the scope of Services rendered for Company under this Agreement. Contractor
warrants that there is no other contract or duty on its part inconsistent with this Agreement.
Contractor agrees to indemnify the Company from any and all loss or liability incurred by reason of
the alleged breach by Contractor of any services agreement with any third party.
(b) While providing Services to the Company and for the period of one (1) year thereafter, unless
otherwise agreed to in writing by the Company, Contractor and its employees, officers and
directors, shall not, directly or indirectly, engage in any business directly competitive with the
Company in regards to the scope of the Company’s announced business and planned business made
known to Contractor. Directly or indirectly engaging in any competitive business includes, but is
not limited to, (i) engaging in a business as owner (except as a minority shareholder in a publicly
traded business), partner, or agent, (ii) becoming an employee of any third party that is engaged in
such business, (iii) becoming interested directly or indirectly in any such business; or (iv)
facilitating any other party to do any of the foregoing.
4. MAINTAINING CONFIDENTIAL INFORMATION.
(a) COMPANY INFORMATION. During the term of this Agreement and in the course of
Contractor's performance hereunder, Contractor may receive or otherwise be exposed to
confidential and proprietary information relating to the Company's business practices, including
know-how, data, trade secrets, developments, plans, and strategies. Such confidential and
proprietary information of the Company (collectively referred to as “Information”) may include but
not be limited to: (i) confidential and proprietary information supplied to Contractor with the
legend “Company Confidential” or equivalent; (ii) the Company's marketing and customer support
strategies, financial information (including revenue, costs, profits and pricing methods), internal
organization, employee information, and customer lists; (iii) the Company's technology,
development efforts, data, software, trade secrets, processes, methods, product and know-how and
show-how; (iv) all derivatives, improvements, additions, modifications, and enhancements to any
of the above, including any such information or material created or developed by Contractor under
this Agreement; and (v) information of third parties as to which the Company has an obligation of
confidentiality.
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9. CHS
APPLICATION FOR EMPLOYMENT
Contractor acknowledges the confidential and secret character of the Information and agrees that
the Information is the sole, exclusive and extremely valuable property of the Company.
Accordingly, Contractor agrees not to reproduce any of the Information without the applicable prior
written consent of the Company, not to use the Information except in the performance of this
Agreement, and not to disclose all or any part of the Information in any form to any third party,
either during or after the term of this Agreement. Upon termination of this Agreement for any
reason, including expiration of term, Contractor agrees to cease using and to return to the Company
all whole and partial copies and derivatives of the Information, whether in Contractor's possession
or under Contractor's direct or indirect control.
(b) OTHER CONTRACTOR INFORMATION. Contractor agrees that during its engagement with
the Company, Contractor will not improperly use or disclose any proprietary information or trade
secrets of its former or concurrent customers, if any, and that he or she will not bring onto the
premises of the Company any unpublished documents or any property belonging to Contractor’s
(including its employees, officers and directors) former or concurrent clients unless consented to in
writing by said employers or companies.
(c) THIRD PARTY INFORMATION. Contractor recognizes that the Company has received and
in the future will receive from third parties their confidential or proprietary information subject to a
duty on the Company's part to maintain the confidentiality of such information and, in some cases,
to use it only for certain limited purposes. Contractor agrees that the Company and such third
parties, both during the term of this Agreement and thereafter, are owed a duty to hold all such
confidential or proprietary information in the strictest confidence and not to disclose it to any
person, firm or corporation (except in a manner that is consistent with the Company's agreement
with the third party) or use it for the benefit of anyone other than the Company or such third party
(consistent with the Company's agreement with the third party).
(d) AGREEMENT OF EMPLOYEES OF CONTRACTOR. Contractor agrees that all of its
employees providing Services on Contractor’s behalf to Company or having access to or receiving
the Company’s information shall, prior to providing such Services or such access or receipt,
execute employment agreements with Contractor binding such employees automatically to assign
ownership to the Contractor (or the Company) of all Service Product (as defined below), protective
of the Company’s Information commensurate with this Section 4 and barring conflicts of interest
and covenants of non-competition with the Company at least as protective of the Company as
imposed on the Contractor in Section 3.
5. TERM OF AGREEMENT. This Agreement shall commence as of the date set forth below, and
thereafter may be terminated by either party upon thirty (30) days notice. This Agreement will
automatically be terminated if no contracted services are performed in any (90) day span. In the
event of termination, Contractor shall cease work immediately after giving or receiving such notice
or termination, unless otherwise advised by the Company to continue work during the notice
period. Contractor shall return to the Company all Information, Service Product, and other
materials belonging to the Company, and shall notify the Company of costs incurred up to the
termination date. Sections 3(b), 4, 5, 12 and 14 of this Agreement shall survive any termination of
this Agreement.
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10. CHS
APPLICATION FOR EMPLOYMENT
6. TERMINATION BY THE COMPANY. Notwithstanding Section 5 above, the Company may
terminate this Agreement with or without cause, at any time upon thirty (30) days prior written
notice to Contractor. The Company also may terminate this Agreement or the Services immediately
in the event of a material breach by Contractor of this Agreement.
7. COMPLIANCE WITH APPLICABLE LAWS. Contractor warrants that all material supplied
and work performed under this Agreement complies with or will comply with all applicable United
States and foreign laws and regulations.
8. ASSIGNMENT; BENEFIT. This Agreement is for the exclusive services of Contractor and may
not be assigned by Contractor or the Company, nor shall it be assignable by operation of law by
either party, without the prior written consent of the other party. The parties' rights and obligations
under this Agreement will bind and inure to the benefit of their respective successors, heirs,
executors, and administrators and permitted assigns.
9. LEGAL AND EQUITABLE REMEDIES. Contractor hereby acknowledges and agrees that in
the event of any breach of this Agreement by Contractor, including, without limitation, the actual or
threatened disclosure of Information or Services without the prior express written consent of the
Company, the Company will suffer an irreparable injury, such that no remedy at law will afford it
adequate protection against, or appropriate compensation for, such injury. Accordingly, Contractor
hereby agrees that the Company shall be entitled to specific performance of Contractor's
obligations under this Agreement, as well as such further relief as may be granted by a court of
competent jurisdiction.
10. GOVERNING LAW; SEVERABILITY. This Agreement shall be governed by and construed
according to the laws of the State of California. If any provision of this Agreement is found by a
court of competent jurisdiction to be unenforceable, that provision shall be severed and the
remainder of this Agreement shall continue in full force and effect.
11. WAIVER. The waiver by the Company of a breach of any provision of this Agreement by
Contractor shall not operate or be construed as a waiver of any other or subsequent breach by
Contractor.
12. INJUNCTIVE RELIEF FOR BREACH. Contractor's obligations under this Agreement are of a
unique character that gives them particular value; breach of any of such obligations will result in
irreparable and continuing damage to the Company for which there will be no adequate remedy at
law; and, in the event of such breach, the Company will be entitled to injunctive relief and/or a
decree for specific performance, and such other and further relief as may be proper (including
monetary damages if appropriate).
13. COMPLETE UNDERSTANDING; MODIFICATION. This Agreement, together with its
Exhibits, constitutes the final, exclusive and complete understanding and agreement of the
Company and Contractor with respect to the subject matter hereof. Any waiver, modification or
amendment of any provision of this Agreement shall be effective only if in writing and signed by a
Company Officer.
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11. CHS
APPLICATION FOR EMPLOYMENT
14. NOTICES. Any notices required or permitted hereunder shall be given to the appropriate party
at the address specified below or at such other address as the party shall specify in writing. Such
notice shall be deemed given upon personal delivery to the appropriate address or sent by certified
or registered mail, three days after the date of mailing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set
forth below.
EMPLOYEE: COMPANY:
______________________________________ ____________________________________
Signature of Employee Signature of Executive
______________________________________ ____________________________________
Print Name of Employee Name of Executive
______________________________________ ____________________________________
Date: Date:
EXHIBIT A
SERVICES
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12. CHS
APPLICATION FOR EMPLOYMENT
Nature of Services:
• Solicit and sell real estate loans
• Solicit and sell loan modifications
• Solicit and sell credit repairs
• Solicit and sell debt settlement
EXHIBIT B
COMMISSIONS
Commission Structure:
• 70/30 split (70% going to Independent Account Executive, 30% going to Citi Home
Solutions INC.) on self-generated real estate loans after $1,500 processing fee is deducted
from total Monies collected on FIRST MORTGAGE DEEDS OF TRUST.
• 30/70 split (30% going to Independent Account Executive, 70% going to Citi Home
Solutions INC.) on closed real estate loan leads after $1,500 processing fee is deducted
from total Monies collected on FIRST MORTGAGE DEEDS OF TRUST.
• 70/30 split (70% going to Independent Account Executive, 30% going to Citi Home
Solutions INC.) on self-generated real estate loans after $500 processing fee is deducted
from total Monies collected on SECOND MORTGAGE DEEDS OF TRUST.
• 30/70 split (30% going to Independent Account Executive, 70% going to Citi Home
Solutions INC.) on closed real estate loan leads after $500 processing fee is deducted from
total Monies collected on SECOND MORTGAGE DEEDS OF TRUST.
• 70/30 split (70% going to Independent Account Executive, 30% going to Citi Home
Solutions INC.) on self-generated loan modifications after $895 retainer fee is deducted
from total Monies collected on FIRST MORTGAGE DEEDS OF TRUST.
• 30/70 split (30% going to Independent Account Executive, 70% going to Citi Home
Solutions INC.) on closed loan modification leads supplied by CHS after $895 retainer fee
is deducted from total Monies collected on FIRST MORTGAGE DEEDS OF TRUST.
• 70/30 split (70% going to Independent Account Executive, 30% going to Citi Home
Solutions INC.) on self-generated loan modifications after $495 retainer fee is deducted
from total Monies collected on SECOND MORTGAGE DEEDS OF TRUST.
• 30/70 split (30% going to Independent Account Executive, 70% going to Citi Home
Solutions INC.) on closed loan modification leads supplied by CHS after $495 retainer fee
is deducted from total Monies collected on SECOND MORTGAGE DEEDS OF TRUST.
• 50/50 split (50% going to Independent Account Executive, 50% going to Citi Home
Solutions INC.) on self-generated credit repair clients.
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13. CHS
APPLICATION FOR EMPLOYMENT
• 30/70 split (30% going to Independent Account Executive, 70% going to Citi Home
Solutions INC.) on closed credit repair leads supplied by CHS.
• 50/50 split (50% going to Independent Account Executive, 50% going to Citi Home
Solutions INC.) on self-generated debt settlement clients.
• 30/70 split (30% going to Independent Account Executive, 70% going to Citi Home
Solutions INC.) on debt settlement leads provided by CHS.
• Independent Account Executive’s will receive a 5% override on net commissions of
Independent Account Executives and/or Third Party Originators that were referred to CHS
by them as long as their INDEPENDENT CONTRACTOR AGREEMENT is active with
CHS.
• All commissions paid on deals that are refunded to clients will be paid back from AE to
CHS.
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