Top Echelon Network Policy #7

Issue: The Top Echelon Network brokerage fee
Date: 01/22/91, last revised 11/09/06

All split placements between Top Echelon Network Members, no matter how they are made, are considered "Network placements" and are subject to the normal Top Echelon Network brokerage fee of 6%.  This includes, but is not limited to, any placements made through our split candidate database, split job order database, recruiters database, job posting service, the non-split candidate database, the Top Echelon Network corporate Web site, the Top Echelon Network online business cards, our email alert services, and from "three-way splits" that involve non-Network recruiters (see policy #3).

The only time Top Echelon Network is not entitled to its 6% brokerage fee from our Members is when there is a pre-arranged, signed agreement between the two participating Members and Top Echelon Network.  See the "Exception Agreement" below for specifics.

Spirit of this Policy
Top Echelon Network requires its 6% brokerage fee on any and all placements between all Preferred Members regardless of circumstance, because without the existence of the Network, the placement may not have occurred.  Even if neither the candidate nor the job order is distributed through the Network, a brokerage fee is still due to Top Echelon Network.  Even if you feel the Network played no part in the placement at all, the 6% is still due.  This is not negotiable.  Members found in violation of this policy will be terminated from the Network.

There are many ways a network continually helps you make placements besides the mere distribution of resumes and job orders.  It is Top Echelon Network’s strong belief that we are entitled to our 6%, regardless of how each individual placement is "put together" because without Top Echelon Network, you may have stopped working with the other firm long ago.  Networks help hold "independents" together and make them strong!

Exception Agreement
If you, as a Member of Top Echelon Network, feel you normally work so closely with another firm that you always know every candidate and job order that they have, and you don't feel that Top Echelon Network is entitled to a 6% brokerage fee, let us know.  When this is the case, we will stop your data/information from going to that firm, and vice versa.  All attempts by Top Echelon Network to help your two agencies make split placements together will cease.  In order to take advantage of this "exception agreement," you must have a signed agreement between yourselves and Top Echelon Network, which will alleviate your responsibility of paying Top Echelon Network a brokerage fee when you make a split placement with that office.  Top Echelon’s written agreement must have been signed by both agencies within the first three months of the most recent Member's original entry into the Network.

Brokerage fee due on Internet job postings
If Top Echelon Network posts a job order for you on the Internet which results in a placement, Top Echelon Network is due a 6% brokerage fee.  This includes postings to Newsgroups, free sites, and pay sites to which you have paid to advertise.  BUT FOR Top Echelon Network assisting with the process, the job may not have been posted and the placement may not have been made.

At times, there may be additional fees associated with the candidates from this service.  Top Echelon Network’s 6% brokerage fee is included with the additional fees associated with these candidates.  The total fee is due for the candidates placed as a result of this service.  It is Top Echelon Network’s responsibility to distribute the additional fees to the appropriate parties.

Brokerage fee due on the Non-Split Candidate Database
Top Echelon Network is entitled to a 6% brokerage fee for placements made as a result of any candidate or referral from a candidate found in the Non-Split Candidate database.  BUT FOR Top Echelon Network assisting with the process, the candidate may not have been found and the placement may not have been made.  At times, there may be additional fees associated with the candidates from this service.  Top Echelon Network’s 6% brokerage fee is included with the additional fees associated with these candidates.  The total fee is due for the candidates placed as a result of this service.  It is Top Echelon Network’s responsibility to distribute the additional fees to the appropriate parties.