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NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING AGREEMENT
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:
RE: Commodity – Quantity

PRICE: $
Attaches to Sale and Purchase Agreement / Contract Date
This “agreement” incorporates by reference the standards of the International Chamber of Commerce
(ICC), Paris, France, on Non-Disclosure, Non-Circumvention and Working Agreements – including
Privacy, confidentiality and Cooperation. It shall bind each signatory (“Party”) for one time after
execution regardless of the success of any specific transaction, and shall automatically extend to a new
term of one time from the start of any roll, extension, renewal or additional transaction between the
principals. To achieve the mutual benefits of cooperation, each party understand that;
WHEREAS, each Party recognizes the valuable propriety rights which each has established, and that it
is in the best interests of each to protect and preserve such rights as have been attained, maintained,
developed, serviced and accomplished by each prior to this Agreement, and;
WHEREAS, the President of the United States, in signing HR 3723 on October 11, 1996, has authorized
this Agreement by giving corporations the right to declare their contracts, clients, internal procedures
and information and the transactions they engage in as corporate of trade secrets fully protected under
the economic and industrial espionage laws of the U.S.A and the Internal Economic Community.
Therefore, each Party signing this Agreement agrees to abide by the following terms and conditions:
Each party agrees to not circumvent any other Party, e.g., to avoid proper payment of fees or returns to
a Party or exclude a Party from proper participation, even for a rational reason (to facilitate a deal or to
avoid losing a deal). Each Party agrees to not contact, or attempt to contact, directly or indirectly, any
“Confidential Contact” of any other party, or use any “Confidential Information” provided by any other
Party, or disclose any of said information to anyone or entity, without a real need and the consent of said
other Party for each such contact, use or disclosure, and then only after an agreement on fees. Each
party agrees to keep private – and protect from leaks into the public domain – any and all privileged and
NCND Agreement & Fee’s Protection

Page 1 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
other Confidential Information concerning any of the Parties or their activities. Each party agrees to be
responsible for compliance with the paragraph by any “Sub-Party” (partner, subsidiary, agent, employee,
etc.) of his or hers who has not signed this Agreement.
Each Party hereby agrees that the terms and conditions of this Agreement shall be binding upon and
enforceable by his or her heirs, executors, administrators, trustees, or permanent mental or physical
incapacity.
All documents and information provided by each principal Party shall be true and accurate
representations of facts.
Each principal Party agrees to indemnify and hold harmless all other Parties and their transactions,
Intermediaries, financial sponsors, lenders, insurance companies, guarantors, borrowers, principals,
clients, joint venture partners, stock share owners, business associates, officers, employees and
assigned against all claims, demands, liabilities, causes or actions and expenses, including attorney
fees and court costs incurred, relating to, arising out of or in connection with that Party’s
negligence, omission, misrepresentation, malfeasance, fraud, breach of contract, default, willful
misconduct, bad faith or violation of any city, state, country, province, federal or international law,
regulation, ordinance or stature.
Each Party holding a Confidential Information document owned by another Party agrees to promptly
comply with a request by the owning Party to return or destroy the document and agrees to not
retain any part of it in any form or in any medium (computer or fax file, etc.) – and the owning Party
shall be the final authority on the use and disclosure of said information and its removal from all media.
Parties violating this Agreement shall be liable for payment to the non-violating Parties all gains from the
violation plus liquidated damages plus any additional amount required by a Settlement. Any Party
injured by a violation shall be entitled to compensation of at least the scheduled amount from each
Page 2 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
transaction involving the violating Party plus all costs and any liquidated damages agreed to or awarded.
In any processing under this Agreement, each injured Party shall be entitled to reasonable attorneys
fees in addition to any other entitled relief. If any Party violates this Agreement, each Party shall be
entitled to injunctive relief to restrain the violations. A waiver by a Party of a violation by a Party shall not
change this Agreement or be construed as a waiver of any subsequent violation and shall not affect the
rights or remedies of the Parties. If any part of this Agreement is found to be invalid or unenforceable,
the remainder shall continue in full force and effect.
This Agreement shall be construed and enforced under the applicable laws and regulations of the
Country and State where the respective Parties reside and the rules and regulations of the ICC. Each
Party agrees to participate in good faith negotiations toward resolution of any dispute, claim, controversy
or other matter. Each Party agrees that if a master is not resolved within 30 calendar days by the
Parties themselves, it shall be submitted for settlement by binding arbitration in accordance with the
Non-Circumvention & Non-Disclosure and Working Agreement rules and regulations of the ICC. The
arbitration will comply with and be governed by the Reconciliation and Arbitration rules of the ICC for
complex arbitration, in a venue - chosen by the plaintiff Party - where the ICC maintains a division for
hearing complex arbitration.
This Agreement is subject to the Economic and Industrial Espionage Law of the International Economic
Community. Any disclosure not authorized herein or under applicable law of the names, identifies, bank
coordinates or other key information regarding such transactions, or any of the details thereof, may be
deemed to be a felony making the violator subject to Criminal Prosecution.
Each Party affirms that he or she reads the English Language and understands the wording and content
of this Agreement, and hereby represents and warrants that he or she or it has the full legal, Corporate,
Trust and/or Individual authority necessary to enter into this Agreement, and is doing so with the intent to
be legally bound hereby and to bind any involved entity via the applicable Corporate or Trust resolution,
and that every Party hereto or any other interested party or entity may rely upon the representations in
Page 3 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
this paragraph without inquiring further proof, unless requested. Each Party warrants that there is no
legal suit, action, investigation, arbitration, or legal, administrative or other proceeding pending or
threatened against him or her as a Party which would affect his or her ability to perform his or her
obligations under this Agreement. Each Party affirms to be an independent contractor relative to each
other Party and not an agent or employee of any other Party nor connected to any entity for monitoring,
regulating, compliance or a related function.
Contributed to the successful conclusion of the described transaction and in doing so are entitled to an
apportioned of commissions set aside within the transaction.
This document is signed and accepted by both parties named below and is to be included in the
Main Contract.
The Rest of this Page is Intentionally Left Blank

Page 4 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
ACCEPTED AND AGREED WITHOUT CHANGE
~~~ Electronic signature is valid and accepted as hand signature ~~~
SELLER BUYER
Printed Individual Name: Printed Individual Name:

Company Name: Company Name:
Address: Address:
City: City:
State: State:
Country: Country:
Tel: Tel:
Fax: Fax:
Mobile Mobile
e-mail : e-mail :
Passport No.: Passport No.:
Designation : Designation :
Date & Time : Date & Time :
Sign / Seal : Sign / Seal :

Page 5 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
SELLER MANDATE BUYER MANDATE
Printed Individual Name: Printed Individual Name:

Company Name: Company Name:
Address: Address:
City: State: City: State:
Country: Country:
Tel: Tel:
Fax: Fax:
Mobile Mobile
e-mail : e-mail :
Passport No.: Passport No.:
Designation : Designation :
Date & Time : Date & Time :
Sign / Seal : Sign / Seal :

Page 6 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
EDT ( Electronic document transmissions )

EDT (Electronic document transmissions) shall be deemed valid and enforceable in respect of any
provisions of this Contract. As applicable, this agreement shall be:-
1- Incorporate U.S. Public Law 106-229, ‘‘Electronic Signatures in Global and National Commerce Act’’
or such other applicable law conforming to the UNCITRAL Model Law on Electronic Signatures
(2001) and
2- ELECTRONIC COMMERCE AGREEMENT (ECE/TRADE/257, Geneva, May 2000) adopted by the
United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT).
3- EDT documents shall be subject to European Community Directive No. 95/46/EEC, as applicable.
Either Party may request hard copy of any document that has been previously transmitted by
electronic means provided however, that any such request shall in no manner delay the parties from
performing their respective obligations and duties under EDT instruments.
Irrevocable Master Fee Protection Agreement

“Considered as an integral part of this contract “
CONTRACT NO
COMMODITY
ORIGIN
CONTRACT QTY
GROSS PRICE
NET PRICE
CONTRACT PERIOD
TERM
SELLER’S NAME
REPRESENTED BY
BUYER’S NAME
REPRESENTED BY
We the undersigned herewith referred as the seller and buyer, under penalty of perjury do hereby
irrevocably confirm and irrevocably accept to pay all intermediaries and fee holders at the same time and in a
manner as the seller is being paid for each and every transaction of this contract up to the completion of the
Page 7 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
contract plus rollovers and extensions and in accordance with the bank details to be specified in the hard copies of
this contract.
We, the Seller, irrevocably confirm that we will order and direct our bank to endorse automatic payment
orders to the beneficiaries named below; furthermore, we, the seller, confirm that all pay orders shall automatically
transfer funds as directed into each beneficiaries designated bank account within 1 (one) day after the date of
closing and completion of each and every shipment of the product during the contract term plus any/or extensions
and rollover of the specified contract.
For the purpose of clarity, we confirm that the closing and completion of each and every shipment shall be
deemed to take place when the letter of credit issued by the buyer has been drawn down at the counters of the
issuing bank.
We, the Seller, agrees to provide all beneficiaries with written evidence of the pay orders lodged with our
bank together with acknowledgements of their acceptance.
Furthermore, our bank shall be instructed to provide duly signed and stamped acknowledgement of this instruction
as set out in the annex Forming part of this agreement. It is understood that for the purposes of this Master Fee
Protection Agreement, our bank shall be the same bank and this MFPA acts as an integral part of it.
We, the undersigned being Seller or the Sellers named legally authorized representative, as stated within
the signed and legally binding main transaction, contract unconditionally agree and undertake to approve and
originate all payments in USD currency to all beneficiaries named below as their rightful and payable
commissions. This agreement also acts as a record confirming the commission amounts for each named
beneficiary as set out below :-
TOTAL COMMISSION SHALL BE PAID BY (Seller) or (Buyer) AS FOLLOWS:-
The amount of _________________________of delivered should be settled in CASH or to be Transferred into

their Accounts.
Commissions
Seller’s side:
Buyer’s side:
TERM & CONDITIONS

This master fee protection agreement covers the initial contract and shall include any renewals, extensions,
rollovers, additions or any new or transfer contract any how originated from this transaction because of the above

Page 8 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
intermediaries or changing codes of the initial contract entered into between the buyer and seller.
This master fee protection agreement and any subsequently issued pay orders shall be assignable, transferable
and divisible and shall not be amended without the express written and notarized consent of the receiving
beneficiary. All parties agree neither to circumvent nor to attempt circumvent either for the transaction of this
current contract or in the future for a period of five (5) years from the date of the execution of this fee protection
agreement. This document binds all parties, their employees, associates, transferees and assignees or designees.
All faxed and/or e-mailed signatures shall be considered as original signatures for the purpose of binding all parties
to this agreement. This document may be signed and in any number of counterparts all of which shall be taken
together and shall constitute as being one and the same instrument.
Any party may enter into this document and the agreement constituted thereby by signing any counterpart any
time, date or period mentioned in any provision of this document shall only be amended by agreement in writing
and signed off by all parties concerned.
Furthermore, we agree that any and all commissions due shall be paid to the beneficiary as a result of any
extension or rolls of the contract and that we shall effect all necessary documentation with our bank without any
undue delays to ensure such commissions and paid within the terms of the agreement.
PARTIAL INVALIDITY:
The illegality, invalidity and non-enforceable provision of this document under the laws of any jurisdiction shall not
affect its illegality, validity or enforceability under the law of any other jurisdiction or provision.
GOVERNING LAW AND JURISDICTION:

This document shall be governed and construed in accordance with current English or I.C.C 400/500/600/2000
signed between partners NCND laws.
ARBITRATION:
All parties agree to refer any disputes between the parties arising out of or in connection with this agreement
including any questions regarding its existence, validity or termination to arbitration rules of the international
arbitration centre (I.A.C). The appointed arbitrator shall hold the proceedings in any country chosen by the parties
and the rules of the IAC shall apply.
This document is signed and accepted by parties named below as to be included in the main contract.
Acceptance by both parties:-

Page 9 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
SELLER BUYER
PARTICULARS
Company Name and

Address
Represented by
Title
Nationality
Signature/Seal/Date
~~~ SELLER SIDE BENEFICIARY ~~~
TOTAL COMMISSION FOR SELLER SIDE ____________________________

Page 10 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
SELLER GROUP - Total Amount ____ (Written Amount) of total Sales Side Commission
NON-CIRCUMVENTION, NON-DISCLOSURE &

IRREVOCABLE MASTER FEE PROTECTION AGREEMENT (IMFPA)
WORKING AGREEMENT (NCNDA)
SELLERS MANDATE
COMMISSION SIZE
NAME:
(WITH ROLLS+EXT):
BENEFICIARY
DESIGNATION:
NAME:
COMPANY NAME: BANK NAME:
ADDRESS: BANK ADDRESS:
TEL: ACCOUNT No:
MOBILE: SWIFT CODE:
FAX: BANK OFFICER:
EMAIL ADDRESS: BANK TEL:
SKYPE ID: BANK FAX:
PASSPORT No: PAYMASTER FOR:
NATIONALITY: PAYMASTER FOR:
Todays Date:
SIGNATURE AND
SEAL:
~~~ SELLER SIDE BENEFICIARY ~~~
TOTAL COMMISSION FOR SELLER SIDE ____________________________
SELLER GROUP - Total Amount ____ (Written Amount) of total Sales Side Commission
Page 11 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
NON-CIRCUMVENTION, NON-DISCLOSURE &

WORKING AGREEMENT (NCNDA)
SELLERS REPRESENTATIVE
COMMISSION SIZE
NAME:
(WITH ROLLS+EXT):
BENEFICIARY
DESIGNATION:
NAME:
COMPANY NAME: BANK NAME:
ADDRESS: BANK ADDRESS:
TEL: ACCOUNT No:
MOBILE: SWIFT CODE:
FAX: BANK OFFICER:
EMAIL ADDRESS: BANK TEL:
SKYPE ID: BANK FAX:
PASSPORT No: PAYMASTER FOR:
NATIONALITY: PAYMASTER FOR:
Todays Date:
SIGNATURE AND
SEAL:
~~~ BUYER SIDE BENEFICIARY ~~~
TOTAL COMMISSION FOR BUYER SIDE ____________________________

Page 12 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
BUYER GROUP - Total Amount ____ (Written Amount) of total Sales Side Commission
NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING

AGREEMENT (NCNDA)
BUYERS MANDATE
NAME :
BENEFICIARY
COMPANY NAME :
NAME :
DESIGNATION : BANK NAME :
ADDRESS : BANK ADDRESS :
TEL : ACCOUNT No :
MOBILE : IBAN and SWIFT CODE
FAX : BANK OFFICER :
EMAIL ADDRESS : BANK TEL :
SKYPE ID : BANK FAX :
PASSPORT No : PAYMASTER FOR :
NATIONALITY : PAYMASTER FOR :
TODAY’S DATE : PAYMASTER FOR :
SIGNATURE AND SEAL :

Page 13 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $

AGREEMENT (NCNDA)
BUYERS REPRESENTATIVE
NAME : COMMISSION SIZE :
BENEFICIARY
COMPANY NAME :
NAME :
TEL : ACCOUNT No :
MOBILE : IBAN and SWIFT CODE

AGREEMENT (NCNDA)
BUYER FACILITATOR

Page 14 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
BENEFICIARY
COMPANY NAME :
NAME :
TEL : ACCOUNT No :
IBAN and SWIFT
MOBILE :
CODE
SIGNATURE AND SEAL:
BUYER - __% (___________ PERCENT) of TOTAL BUYER’S SIDE COMMISSION

AGREEMENT (NCNDA)

Page 15 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
BUYER GROUP _______

BENEFICIARY
COMPANY NAME :
NAME :
TEL : ACCOUNT No :
IBAN and SWIFT
MOBILE :
CODE
# BUYERS SIDE BENEFICIARY #

TOTAL COMMISSION FOR BUYER SIDE 1.5% OF TOTAL SALES PRICE

AGREEMENT (NCNDA)
BUYER GROUP _______
BENEFICIARY
COMPANY NAME :
NAME :

Page 16 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
TEL : ACCOUNT No :
IBAN and SWIFT
MOBILE :
CODE

AGREEMENT (NCNDA)
BUYER GROUP _______
BENEFICIARY
COMPANY NAME :
NAME :
TEL : ACCOUNT No :
IBAN and SWIFT
MOBILE :
CODE

Page 17 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $

NOTE: ALL BANK CHARGES SHOULD BE BORNE BY ACCOUNT BENEFICIARY
NOTARY PUBLIC - BUYER
ON THIS DAY OF 2010
BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED
......................................, TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN AND

WHO EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE
EXECUTED THE SAME AS HIS FREE ACT AND DEED
NOTARY PUBLIC [SEAL]
NOTARY PUBLIC - SELLER

Page 18 of 19
SELLER NAME:
SELLER CODE:
BUYER NAME:
BUYER CODE:
CONTRACT NUMBER:
LOI/ICPO REF. NO.:
SMG Tracking No.:

PRICE: $
ON THIS DAY OF 2010
BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED
......................................, TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN AND

WHO EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE
EXECUTED THE SAME AS HIS FREE ACT AND DEED
NOTARY PUBLIC [SEAL]

Page 19 of 19

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NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING AGREEMENT

RE: Commodity – Quantity

NCND Agreement & Fee’s Protection

RE: Commodity – Quantity

RE: Commodity – Quantity

RE: Commodity – Quantity

The Rest of this Page is Intentionally Left Blank

NCND Agreement & Fee’s Protection

RE: Commodity – Quantity

ACCEPTED AND AGREED WITHOUT CHANGE

~~~ Electronic signature is valid and accepted as hand signature ~~~

Printed Individual Name: Printed Individual Name:

NCND Agreement & Fee’s Protection

RE: Commodity – Quantity

SELLER MANDATE BUYER MANDATE

Printed Individual Name: Printed Individual Name:

NCND Agreement & Fee’s Protection

RE: Commodity – Quantity

EDT ( Electronic document transmissions )

Irrevocable Master Fee Protection Agreement

RE: Commodity – Quantity

TOTAL COMMISSION SHALL BE PAID BY (Seller) or (Buyer) AS FOLLOWS:-

The amount of _________________________of delivered should be settled in CASH or to be Transferred into

TERM & CONDITIONS

NCND Agreement & Fee’s Protection

RE: Commodity – Quantity

GOVERNING LAW AND JURISDICTION:

Acceptance by both parties:-

NCND Agreement & Fee’s Protection

RE: Commodity – Quantity

Company Name and

~~~ SELLER SIDE BENEFICIARY ~~~

TOTAL COMMISSION FOR SELLER SIDE ____________________________

NCND Agreement & Fee’s Protection

RE: Commodity – Quantity

NON-CIRCUMVENTION, NON-DISCLOSURE &

TEL: ACCOUNT No:

MOBILE: SWIFT CODE:

FAX: BANK OFFICER:

EMAIL ADDRESS: BANK TEL:

SKYPE ID: BANK FAX:

PASSPORT No: PAYMASTER FOR:

NATIONALITY: PAYMASTER FOR:

~~~ SELLER SIDE BENEFICIARY ~~~

TOTAL COMMISSION FOR SELLER SIDE ____________________________

RE: Commodity – Quantity

NON-CIRCUMVENTION, NON-DISCLOSURE &

TEL: ACCOUNT No:

MOBILE: SWIFT CODE:

FAX: BANK OFFICER:

EMAIL ADDRESS: BANK TEL:

SKYPE ID: BANK FAX:

PASSPORT No: PAYMASTER FOR:

NATIONALITY: PAYMASTER FOR:

~~~ BUYER SIDE BENEFICIARY ~~~

TOTAL COMMISSION FOR BUYER SIDE ____________________________

NCND Agreement & Fee’s Protection

RE: Commodity – Quantity

NON-CIRCUMVENTION, NON-DISCLOSURE & WORKING

~ Electronic signature is valid and accepted as hand signature ~

~ SELLER SIDE BENEFICIARY ~

~ SELLER SIDE BENEFICIARY ~

~ BUYER SIDE BENEFICIARY ~

~ BUYER SIDE BENEFICIARY ~

~ BUYER SIDE BENEFICIARY ~

~ BUYER SIDE BENEFICIARY ~

BUYER - % (_________ PERCENT) of TOTAL BUYER’S SIDE COMMISSION

~ BUYER SIDE BENEFICIARY ~

BUYER - % (_________ PERCENT) of TOTAL BUYER’S SIDE COMMISSION