THIS AGREEMENT WILL GOVERN YOUR PURCHASE OF SERVICES FROM HomesIn (THE “COMPANY” OR “HI”). BY SIGNING YOUR NAME AT THE BOTTOM OF THIS AGREEMENT INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU”, “YOUR”, or “Subscriber” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Additionally, you understand that the Purchased Services in no way give you ownership or title to the domain name, or any content on the managed hosting account that you have subscribed.
- User Subscriptions. User subscriptions are for designated Town Advocates. The subscriber, provided they are in good standing, has the authority to assign another advocate to the town. Any and all assignments are subject to HI approval, which will not be unreasonably withheld. Assignment of an alternate advocate does not negate your obligations under this agreement. You will continue to retain all the obligations and are responsible for full compliance of your assignee with all terms of the agreement
- USE OF THE SERVICES
2.1 HI’s Responsibilities. shall: (i) provide to you basic support for the Services at no additional charge, (ii) use commercially reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which we shall make reasonable effort to give at least 8 hours notice via the Purchased Services and which we shall schedule to the extent practicable during low use hours, or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or Internet service provider failures or delays, and (iii) provide the Purchased Services only in accordance with applicable laws and government regulations.
2.2. Your Responsibilities. You shall (i) be responsible for any content on your assigned town that you post, (ii) be solely responsible for the accuracy, quality, integrity and legality of The Data (including the infringement of rights of any third parties) and of the means by which you acquired the Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the applicable state laws and federal government regulations. HI is relying on your efforts to promote the town page and contribute to its functionality by including your town URL in an active promotional campaign. Said active promotional campaign shall include, but not be limited to, adding and displaying daily, a minimum of ten (10) featured current listings on your assigned town page and posting weekly at least five (5) featured current listings on your assigned town Facebook page and at least five (5) supportive postings including any and all relevant information pertaining to your assigned town.
2.3 Consumer content. You will monitor consumer content posted on your page. You acknowledge that allowing negative or inappropriate posts on your page will affect the marketability and may result in subscription termination. HI reserves the right to remove any content that it deems to be inappropriate or harmful to the reputation or value of HI
- Term of Services. The term of Services continues monthly for a one (1) year period, beginning on the 1st of the month. Except as otherwise specified, all User subscriptions shall automatically renew for additional periods equal to the expiring subscription term of one year, unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. HI may only elect to non- renew.
- Termination for Cause. Either party may terminate this Agreement for cause: (i) upon 30 days written notice to the other party of a material breach, if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors
3. Invoice payable on due date each month.$99.00 Month
25% referral fee with be paid on closed referrals from Homesin.com to member. NJ LIcense #8000253
Homesin Referral Agreement for Agents
This agreement establishes a referral arrangement between VRI Homes/Homesin and __________________________________ (“Agent”). This agreement aims to use plain English so both parties understand our arrangement. We hope to have a long and mutually beneficial relationship.
Definition of Referral
VRI Homes/Homesin matches buyers and sellers of real estate (“Clients”) with a real estate agent who can best serve their needs. A “Referral” is defined as when VRI Homes/Homesin has recommended the Agent to the Client via phone, text, or email, but such introduction is not necessary for a Referral to be made.
In consideration for Referrals, the Agent agrees to pay VRI Homes/Homesin a referral fee through the Agent’s employing broker as follows:
- The referral fee shall be 25% of the Agent’s side of the gross commission. Gross commission is calculated as that received by the Agent’s broker prior to any split of commission with the agent or any other brokers on the Agent’s side of the transaction. The Agent will not owe any monthly or per-lead fees.
- If an Agent represents both a buyer and seller on the same transaction and one party is a VRI Homes/Homesin Referral, referral fee will be 25% of ½ of the total gross commission of the transaction.
- If an Agent represents both a buyer and seller on the same transaction where both parties are VRI Homes/Homesin Referrals, the referral fee will be 25% of the total gross commission.
- After signing of a contract for a transaction resulting from a Referral, the Agent will promptly notify VRI Homes/Homesin via email and indicate the expected closing date. The Agent will have the resulting fee paid from escrow or by the employing broker within 10 days of closing.
The Agent’s participation in VRI Homes/Homesin service is voluntary and can be terminated by either party at any time with written notice. However, any Referrals made prior to such termination are still bound by this agreement, and referral fees (calculated per above) will be due upon close of any transactions resulting from such Referrals.
- PROPRIETARY RIGHTS
41. Reservation of Rights. Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
4.2. Restrictions. You shall not (i) permit any third party, with the exception of any approved assignee, to access the Services (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
5.1. Definition of Confidential Information. As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include The Personal Data. Our Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. The Data is not considered Confidential Information because it will, or is intended to, be posted on The Blog and the Service as public information.
- WARRANTIES AND DISCLAIMERS
- HI’s Warranties. HI warrants that it shall perform materially in accordance with the Purchased Services as provided in Section 2.1 (HI’s Responsibilities), and the functionality of the Purchased Services will not be materially altered and/or decreased during a subscription term. For any breach of either such warranty, your exclusive remedy shall be as provided in Section 3.5 (Termination for Cause).
- Mutual Warranties. Each party represents and warrants that (i) it has the legal power to enter into this Agreement, and (ii) it will not transmit to the other party any Malicious Code (except for Malicious Code previously transmitted to the warranting party by the other party). If you have an existing relationship with a real estate brokerage firm, you represent that you have received permission and approval of such firm and any other person or party whose consent is or may be required, to enter into agreement with HI.
6.3. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6.4 Design of The Page. From time to time, HI may seek to improve the design and maintains the right to do so. You must give proper credit to owners of content or photos that are not yours but that you upload to the page. You agree and covenant that you shall respect the intellectual property rights of others (including copyrights) and shall not infringe on the rights of any parties. Notwithstanding anything to the contrary herein or otherwise, you shall indemnify HI and its Affiliates for the infringement by you of any parties’ intellectual property rights.
- WHO YOU ARE CONTRACTING WITH, NOTICES, GOVERNING LAW AND JURISDICTION
- You are contracting HomesIn, a New Jersey corporation. Under this Agreement, you should direct notices to: HomesIn, 55 West Front Street, Keyport NJ 07735; Phone: 1-800-405-3914.
In any lawsuit arising out of or in connection with this Agreement, the governing law shall be New Jersey and controlling United States federal law. The parties hereto hereby agree that the exclusive jurisdiction for any dispute shall be New Jersey.
- Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, or (iii) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnifiable claim). Notices to you shall be addressed to the system administrator designated by you for your relevant Services account, and in the case of billing related notices, to the relevant billing contact designated by you. All notices to HI are to be sent to HI, 55 West Front Street, Keyport NJ 07735.
- Covenant of Good Faith and Fair Dealings. In the event that any differences arise out of the interpretation, construction or operation of this Agreement, the parties further specifically agree as follows: (i) They shall first attempt in good faith to resolve such differences amicably and directly with each other, retaining the right to seek advice of counsel; (ii) If they are unable to resolve any dispute between themselves or with the assistance of counsel, or through mediation, either side may submit same to a Court of competent jurisdiction for resolution.
- Waiver of Jury Trial. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
- GENERAL PROVISIONS
- Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. This agreement does not limit the subscriber from engaging in any other business activity that they deem appropriate to transact their business. Its unique design will not interfere with any other marketing that is used by the subscriber.
- Your subscription. HI and its Affiliates and related companies will only license one town advocate per town in each state in the United States that relates to the subject matter of this Agreement. In the town and state listed below, you will have the exclusive subscription in that town and state during the term of this Agreement. At such time as this Agreement terminates (for any reason), HI shall be permitted to enter into an Agreement and license the town to any other party in the town and state for which this Agreement relates.
8.3. No Third Party beneficiaries. There are no third-party beneficiaries to this Agreement. Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
- If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment or waiver of any provision of this Agreement shall be effective unless in a signed writing and accepted, either in person, electronically or as aforementioned in this Agreement, where applicable, by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement, the terms shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in any other order or documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions of same shall be null and void.
- Homesin authorizes the member to use 6 preferred banner ads and 6 local business banner ads. All revenue generated from these ads are property of good standing member.
- Homesin reserves 2 coporate banner ads and town facebook posts.
- This agreement is monthly one1 year and can be renewed by Homesin for member in good standing.