HOCOA – Las Vegas
SERVICE AGREEMENT

This Agreement, made and entered into by and between HOCOA - Charlotte, a corporation with its office in Las Vegas, NV, (hereinafter referred to as “HOCOA”), and ____________________________ of ___________________________ (hereinafter referred to as “Subcontractor”).

WITNESSETH:
Whereas customers of HOCOA consist of homeowners (hereinafter referred to as “Members”) who frequently need the
type of services rendered by Subcontractor; and
Whereas Subcontractor would like to furnish services to said Members of HOCOA,
Now, thereafter, for and in consideration of the premises set forth herein, HOCOA and Subcontractor agree as follows:

1. Consideration. In consideration of the obligation to be performed by Subcontractor herein, HOCOA will arrange for the referral of Subcontractor and his/her services to any one or all Members in need of any type and character of services offered by Subcontractor. In consideration for the referral services available the Subcontractor will pay HOCOA $______ per month (advertising fee) and ________% of all payments received by him/her from Members of HOCOA. Said percentage payment to HOCOA is to be made immediately upon receipt of each payment received from Member of HOCOA. In addition, said payment to HOCOA shall be in the amount of no less than five dollars ($5.00) for each referral service rendered.

2. Charges to Member. Subcontractor will give Members of HOCOA a price no higher than its lowest price for the work to be performed, or other similar work.

3. Preferred Basis. Subcontractor will make its services available to Members of HOCOA on a “preferred customer” basis Membership List. HOCOA will maintain a list of its Members. Subcontractors may contact HOCOA to ascertain whether a party is eligible for, or entitled to, the benefits of a Member.

4. Rights to Inspect Member Invoices. For the purpose of allowing HOCOA to determine Subcontractor’s compliance with this Agreement, Subcontractor, upon request, shall provide to HOCOA all billing invoices pertaining to HOCOA referrals and service.

5. Warranty and Indemnification. Subcontractor warrants the workmanship and material furnished by the Subcontractor to be free from defects. Subcontractor will indemnify HOCOA from any and all liability, claims demands, or expenses arising out of any acts of omissions of Subcontractor or its employees, in connection with services provided to a Member.

6. Collection of Members’ Accounts. Subcontractor shall assume and be responsible for the collection of all payments and accounts which may be due Subcontractor, and HOCOA shall have no responsibility with respect to any funds which may be due Subcontractor.

7. Covenant not to Compete. Subcontractor will neither own nor operate any business or operation similar to HOCOA or in competition with HOCOA in the State of South Carolina for a period of thirty six (36) months following the termination of this Agreement. Subcontractor acknowledges that the remedy-at-law for breech of this Covenant will be inadequate, and that HOCOA is entitled to injunctive relief for the purposes of preventing a violation of this Covenant.

8. Direct Orders. Subcontractor further agrees not to solicit direct orders from Members of HOCOA. In the event Subcontractor receives a direct request for services from a Member, said order and the income therefrom shall be subject to the terms of this Agreement. The Subcontractor will advise HOCOA of the services rendered pursuant to a Member’s direct request at the earliest practical date.

9. Duration of Agreement and Renewal. This Agreement shall remain in effect for an initial period of one (1) year from the date hereof. Thereafter it shall automatically renew for a successive period of one (1) year each unless and until either party shall give the other at least ninety (90) days prior written notice by Certified Mail, Return Receipt Requested.

10. Relationship. Nothing contained herein shall be construed to create the relationship of principal and agent, or employer and employee; it being expressly agreed that Subcontractor shall not be considered for any purpose an agent or employee of HOCOA, nor shall HOCOA be considered an agent or employee of Subcontractor.

11. Termination. HOCOA, in its discretion, may terminate this Agreement upon thirty (30) days notice to Subcontractor.

12. Proof of Insurance and Bond. Subcontractor shall provide HOCOA with a current Certificate of Insurance with HOCOA listed as Certificate Holder for general liability and worker’s compensation. In addition, HOCOA shall be provided with a proof of bond to be kept on file.

13. Binding Nature of Agreement. This Agreement shall be binding upon, and inure to, the benefit of the party hereto, their respective heirs, personal representatives or successors; provided, however, this Agreement and the benefits obtained wherefrom shall not be assigned to any other party without the express written consent of HOCOA.