INSTRUCTIONS FOR PROCESSING BACKGROUND CHECKS
NOTE: EACH AGENT IS RESPONSIBLE FOR COMMUNICATING THIS POLICY TO THEIR ASSISTANT(S) AND PROVIDING THEM WITH A COPY OF THE INFORMATION HEREIN.
Step 1:READ AND EXECUTE THE CONSENT AGREEMENT
Please complete and sign the attached consent form using your FULL “LEGAL” NAME,include your email address on the bottom of the consent form, and fax to the Human Resources Department attention: Cathy Abernathy 314-298-5059. This document will be used by Human Resources to register you with Acxiom, the company conducting the background checks on behalf of CARTUS. The Broker's signature will be completed at the corporate office.
Please note: To avoid the possibility of having your email access to Acxiom denied because of potential SPAM, please submit your CB Gundaker email address on your consent form.
Step 2: EMAIL NOTIFICATION FOR ON-LINE ACCESS
Acxiom will forward an email to you, which will include a website link and a security code. You can access the Acxiom website from the email link and enter your code. This will allow you to access the information you are required to complete. You will be prompted to print a copy of your “Bill of Rights” under the Fair Credit Reporting Act. We recommend you print a copy to keep for your records. After providing all of the required information, the site will instruct you to authorize and provide payment for the background check on-line. The only accepted form of payment is by credit card.
Step 3: FINAL REPORT
Once the order has been submitted and paid for through the secured website, Acxiom results will be available within five (5) calendar days.
Individuals will be notified only if the background report results in a "fail". A copy of the report ("pass" or "fail") will be provided to you only upon request by notifying the Human Resources Department at 314-298-5054.
BACKGROUND CHECK COST
The standard fee for the background check is $33.00. Please note: If a New York criminal background check is required, there will be a $52.00 fee added to the cost of the standard fee. If a Puerto Rico criminal search is required, there will be a $50.00 fee added to the cost of the standard fee. If either fee applies, you will be notified immediately.
Due to privacy laws, each person must request and pay for their own background check.
ADDITIONAL QUESTIONS
General Questions Regarding Process/Procedures
Contact Cathy Abernathy – Human Resources (314) 298-5054
Technical Issues with the Acxiom Website
Contact Acxiom Technical Support at 800- 853-3228 Extension #7648
10/19/06
Attachment A
AGENT
This Agreement is entered into as of this day of , 2007, between , a duly licensed real estate broker (“Broker”) and (“Associate”).
WHEREAS, Broker and Associate are parties to an Independent Contractor Agreement or similar agreement (the “Agent Agreement”) whereby Broker and Associate have entered into an independent contractor relationship; and
WHEREAS, Associate desires to be eligible for referral of buyers and sellers who are customers (“Customers”) of Cartus’ corporate and government clients and/or affinity organizations (collectively, “Clients”) and referred to Broker by Cartus; and
WHEREAS, Associate may enter the homes of Customers and/or have access to Customer Data; and
WHEREAS, in order to remain eligible for such referrals, Cartus requires certain assurances concerning Associate’s background and other affirmations.
NOW THEREFORE, in consideration of the premises and the mutual covenants and obligations contained in this amendment, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
- The Agent Agreement is hereby amended to add the following paragraphs:
A.Background Check. Associate hereby (I) agrees that investigative background inquires are to be made on myself including criminal, OFAC and other reports. This information will, in whole or in part, be obtained from a third party vendor. These reports will include information as to felony and/or certain misdemeanor convictions and the presence of my name on OFAC lists. Further, Associate understands that information will be requested from various federal, state and other agencies which maintain public and non-public records concerning my past activities relating to such matters; (II) agrees that the results of such background checks may be disclosed to Broker, Cartus, and Clients and their respective representatives and auditors; (III) acknowledges that Cartus may, in its sole discretion, determine that the results of such background checks will result in the termination of my status as an “A” Team Associate; and (IV) agrees to co-operate with the background vendor chosen by Cartus from time to time, and provide any documentation deemed necessary by any of Broker, Cartus and/or Clients in connection with such background checks.
B.Associate Warranty. Associate warrants that Associate’s name and social security number match and that (check applicable line):
______I am a United States citizen; or
______I have attached hereto one of the documents currently accepted by the U.S. Citizenship and Immigration Services “USCIS” and its predecessors as proof of employment eligibility (whether or not I am an employee of Broker), as shown on USCIS website’s instructions for Form I-9 (
C.Confidentiality. Associate acknowledges that all information and Customer data concerning Cartus’ Customers and/or Clients’ programs (including, without limitation, the identification of individuals as Customers) and any referrals assigned to an associate, including all agent generated referrals, is confidential information (“Confidential Information”). Associate agrees to (i) except as necessary to deliver the services set forth in the Agent Agreement, receive and hold the Confidential Information in confidence and refrain from disclosing or discussing any portion of the Confidential Information with any third person or entity, (ii) use the same degree of care in protecting the Confidential Information as it uses to protect its own proprietary information and (iii) not use or disclose any of the Confidential Information for any purpose whatsoever, except for the sole purpose of performing services as set forth in the Agent Agreement, (iv) under no circumstances use a Customer’s information or data, including name and address for advertising testimonials In furtherance and not in limitation of the foregoing, Associate acknowledges and agrees except as specifically permitted herein, Associate shall not use the Confidential Information to create or maintain data bases of clients, target Customers as customers for solicitation of future business or identify to any third party that the customer is or was a Customer.
Associate understands that he/she is prohibited from contacting a Customer to discuss the results of any Performance Evaluation or Questionnaire and further understands and acknowledges that the comments made by a Customer are private and shall not be discussed with the Customer under any circumstances.
Associate shall not contact or attempt to contact the Customer if the Customer requests an Associate reassignment.
D.Severance of Relationship. In the event that Associate ceases to be an agent affiliated with Broker for any reason whatsoever, Associate agrees that (i) it shall not use to its advantage, or to the advantage of any other party, any information gained from the files or business of Broker concerning any Cartus Client or Customer (including, without limitation any information concerning the USAA program or any USAA customer); (ii) except as otherwise required by applicable law concerning record retention, all files and other data, in written or electronic form related to customers referred to Associate through Cartus referrals shall not be retained, but shall be forwarded to Broker; (iii) any pending referrals of Cartus Customers and Clients (including without limitation, USAAcustomers) shall remain the property of Broker.
E.Referral Fees. Associate confirms its obligation to pay referral fees due to Cartus with respect to closed Customer transactions referred to Associate by Cartus and/or Clients or Affinity organizations.
F.Other Products. Associate acknowledges that the United Services Automobile Association (“USAA”) and its affiliates offer mortgage, insurance and other products and services and Associate agrees to refer USAA employees and members to USAA for those products. In addition, other Cartus affinity Clients may offer products and services and Associate agrees to refer the related member to the affinity Client for those products and services.
G. Continuing Obligations. Associate agrees that in consideration of referrals generated through Cartus, that it will (i) pay the applicable referral fee to Cartus and continue to honor said referral fee for an 18 month protection period.; (ii) not charge any administrative, or processing or other fees; and (iii) if a referred Customer generates another transaction within 18 months from close of the referred transaction, another referral fee will be due.
H.Underlying Agreement. Except as amended herein, the Agent Agreement remains in full force and effect in accordance with its terms.
I.Term. This Agreement shall remain in force so long as Associate is a “A Team” member. Further, the provisions of Sections C, D and G of this amendment agreement shall survive the termination of the Agent Agreement for a period of seven (7) years, or such shorter period as may be required by applicable law.
J.Third Party Beneficiary. Associate agrees that it is entering into this amendment agreement for the benefit of Cartus; and therefore, Cartus is third party beneficiary hereof with full rights to enforce Associate’s obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
ASSOCIATE:BROKER:
BY:BY:
Name:Name:
Title:Title:
Its Authorized SignatoryIts Authorized Signatory
Associate Email Address (Required Information)
Frequently Asked Questions Regarding
The Cartus Corporate Background Check Requirement
Who is required to have a background check?
The Cartus Corporate client base requires that Cartus certify all agents who are assigned to work with Corporate transferees, and all other broker personnel who may potentially have contact with the transferee.
In my state, a new licensee must have a criminal background check completed before he/she can become licensed. Why is Corporate requiring a check to be completed again through an additional source?
Background checks are not required or administered consistently at the state level and may not include all that is required under the Cartus Corporate initiative. The only way to certify the results under the Corporate requirement is through the conformity of a single nationwide vendor with an approved and documented process.
During the life of the referral, there are numerous people who access the home and/or meet with the customer (i.e., co-operating brokers, inspectors, contractors, etc.), does Cartus’ Corporate initiative require all parties to complete a background check?
No, the background check is required to be completed by those who are engaged to assist Corporate transferees through the Corporate Relocation Program.
If an agent receives only 1 or 2 pieces of business a year (buyers or sellers), is a background check necessary?
Yes, there are no exceptions to the requirement.
If an agent works Corporate and USAA referrals and has already successfully completed their USAA background check must the agent complete an additional Corporate background check?
No, the initial USAA background check will fulfill the agent’s requirement.
Do all Cartus Broker Network Real Estate Firms have to comply?
Yes, all real estate firms are contractually bound to be in compliance with Cartus’ client and customer requirements.
What if an agent refuses to agree to a background check?
The agent will no longer be eligible to receive/work with Corporate Relocation Program referrals.
What is the cost for the background check and what forms of payment are accepted?
The standard fee for the background check is $33.00 and the only form of payment accepted is by credit card. Please note: If a New York criminal background check is required there will be a $52.00 fee added to the cost of the standard fee. If a Puerto Rico criminal search is required, there will be a $50.00 fee added to the cost of the standard fee. If either fee applies, the agent will be notified immediately of these additional charges.
Is there a specific company that must be used to complete the background checks?
Yes, Cartus has entered into an agreement with Acxiom to provide these services. Acxiom is a publicly traded company (NASDAQ: ACXM) with operations throughout the United States.
Can a source other than Acxiom be used?
No, Acxiom must be used to complete this client requirement.
Page Two
Frequently Asked Questions
What will the background check include?
The Corporate background check requirement includes: State and Federal felony convictions, misdemeanor convictions involving (a) intentional injury or loss, to person or property or (b) endangerment of others while under the influence of alcohol or other substances and any pending deferred adjudications with respect to any of the above for at least the seven years prior to the effective date of this agreement. Additionally, all names and social security numbers must match and each name will be checked against the Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons list (OFAC list).
Does the background check include a past or present credit check?
No, neither a credit check or bankruptcy search is part of the requirement.
How many years will the background check cover?
The check will cover at least 7 years from the effective date of the search.
What is the deadline for obtaining the background checks?
All background checks must be completed by December 31, 2006.
Will an annual background check be required?
No, the background check is required to be completed only once.
How will the results of the background check be reported?
The results will be reported as either a “pass” or “fail” as defined under the background check requirement. A report that is noted as a “fail” will include details regarding the reason for failure.
Who will have access to the results of the background check?
The person to whom the background check was completed, the real estate firm, and Cartus. Please note: Cartus will handle the results of the background check in accordance with their privacy policy.
What happens if something shows up on the background check?
An agent whose report comes back with a “fail” will no longer be eligible to receive Corporate referrals. Please note: there are rights under the Fair Credit Reporting Act which provide a process for disputes associated with inaccurate information.
10/19/2006
Updated 1/30/07