Your Success Is Our Success
TERM. This agreement becomes effective as of the date you electronically post your listing (“Effective Date”) and will remain in force and effect for 365 days (the “Term”). PropertyIDX has the right to reject, terminate, or achieve any listings uploaded on its website without cause.
MARKETING SERVICES. PropertyIDX will provide the following services during the Term: advertise, market and promote the sale of the real property you have identified ("Property") on PropertyIDX’s website (the “Website”).
MARKETING REQUIREMENTS. All properties marketed on PropertyIDX’s website must be uploaded by a New York State Licensed Real Estate Salesperson, Associate Broker, or Broker. All uploaded properties must be Exclusive Right to Sell with owners/sellers authorized permission. All uploaded images of property must be free and clear of any text, logos, or any other markings. All images must be in JPG or PNG file format. All images must be original and license free (no screenshot). All uploaded property setups/flyers must include; property address, valid photo, asking price, net operating income, property description, broker of record, email, phone number, and listing agents name. Any and all violations of agreement or acts of fraud will result in a termination of uploaded property, termination of account, and/or reported to the New York State Division of Licensing.
TERMINATION. You may terminate this agreement at any time, but the Listing Fee will not be refunded under any circumstances except in the sole discretion of PropertyIDX.
DEFINITION OF A LEAD. PropertyIDX matches buyers and sellers of real estate with the real estate broker or agent that is marketing their listing(s) on propertyidx.com. A “Lead” is defined as when PropertyIDX, through its website and services, has recommended buyers, also know as leads, to listing agents property.
SUCCESS FEE. In consideration for Leads, PropertyIDX may charge a one time flat fee to the Listing Agent and/or the Broker in the form of a success fee. A success fee is triggered when (1) a transaction closes within 18 months of the date of the Lead. (2) The success fee shall be a set fee, referenced below, (“Success Fee”). The marketing representative or listing agent will not owe any monthly or per-lead fees. PropertyIDX will charge the Success Fee in the amount specified below to the payment source, including, credit or debit card you have provided. In the event that no payment source has been provided, PropertyIDX will bill electorally bill for the amount specified.
REPRESENTATIONS AND WARRANTIES. You represent and warrant that: You are at least eighteen years of age and have the legal right and ability to enter this agreement and market the Property for sale; the display of the Property's listing will not violate any applicable law, rule, regulation; All listing content you provide will accurately describe the Property in all material respects at all times; and you will provide the buyer with any disclosures, inspections, reports, or other information which must be provided to the buyer pursuant to applicable law.
PURCHASE AND SALE DOCUMENTATION. PropertyIDX makes no representation or warranty relating to the legal sufficiency or tax consequences of any form purchase agreements or other transaction documents used in connection with the sale of the Property and shall have no liability or responsibility in connection with such documents. Seller has identified the form of purchase agreement and transaction documents to be used in connection with the sale.
CONFIDENTIALITY. Each party hereto shall not use or disclose any confidential information of theother party except to the extent such disclosures are authorized or reasonably related to PropertyIDX’s performance of this agreement. Despite the foregoing, PropertyIDX may disclose any confidential information described herein to the extent it is reasonably necessary to defend itself from any threatened or potential claim, or in response to legal process.
ANNOUNCEMENTS. PropertyIDX may issue press releases or announcements regarding this agreement or the marketing or sale of any Property.
COMPLETE AGREEMENT; AMENDMENTS. This agreement is the complete and exclusive agreement between the parties with respect to the subject matter contemplated thereby, superseding and replacing any and all prior or contemporaneous communications both oral and written, regarding that subject matter. No modifications to this agreement shall be made or binding.
LIMITED LIABILITY. You hereby waive all rights to claim any special, indirect, incidental, consequential, punitive or exemplary damages in connection with this agreement or any services performed under this agreement, including, but not limited to, lost profits, even if PropertyIDX has knowledge of the possibility of such damages. The maximum aggregate liability of PropertyIDX in connection with this agreement shall not exceed 300% of the compensation paid or payable to PropertyIDX under this agreement.
WAIVER OF RIGHT FOR JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, EACH PARTY HERETO, AFTER CONSULTING (OR HAVING HAD THE OPPORTUNITY TO CONSULT) WITH COUNSEL OF ITS, HIS OR HER CHOICE, KNOWINGLY AND VOLUNTARILY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, PROPERTYIDX’S ENGAGEMENT HEREUNDER, ANY TRANSACTION, ANY SERVICES PERFORMED HEREUNDER OR ANY CONDUCT IN CONNECTION HEREWITH.
SEVERABILITY. If any portion of this agreement is judicially determined to be invalid or unenforceable to any extent, that portion shall be deemed severable from the agreement and the remainder of the agreement shall remain in full force and effect and shall be construed to fulfill the intention of the parties.
VOLUNTARY PARTICIPATION. The New York State Licensed Real Estate Agent, Associate Broker, or Broker participation in PropertyIDX’s service is voluntary and can be terminated by either party at any time with written notice. However, any Leads made prior to such termination are still bound by this agreement, and success fees will be due upon close of any transactions resulting from such Leads.
SUCCESS FEE: 1% of Selling Price (if applicable)
SUCCESS FEE EXEMPTION: Broker Partners including Featured Listing, Premium Agent and IDX Enterprise subscribers are exempt from success fee.
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