RealEstate.com Agent Network Terms & Conditions
Welcome to RealEstate.com! These terms and conditions and the terms for your specific program (collectively, these “Terms and Conditions” or this “Agreement”) govern your relationship with LendingTree, LLC, the company that owns and operates RealEstate.com. In this Agreement, we will refer to you and all of your affiliates, agents, employees, representatives and subcontractors as "you," and to LendingTree, LLC, as owner and operator of RealEstate.com and its employees and agents as "we" or "us" or "REALESTATE.COM".  These Terms and Conditions will be emailed to you after you sign up to participate in the RealEstate.com Agent Network. If you do not agree to these Terms and Conditions, notify us within 48 hours or your receipt of the email, or prior to accepting a Lead (as defined below).  Expiration of that 48 hour period (or your acceptance of a Lead, even if the acceptance is prior to the expiration of the 48 hour period) will constitute your acceptance of the Terms and Conditions.

I. What We Agree.
a. REALESTATE.COM receives requests from customers for certain real estate brokerage services through various sources.  In turn, REALESTATE.COM may send you a communication containing information submitted by the consumer regarding such customer's request (a "Lead"). We may also send your contact information to the customer. The information we provide about you, if any, will be based on the information you submit (which you may amend from time to time) and Customer Ratings & Reviews, if any, and may be amended by REALESTATE.COM from time to time.

b. Other than Leads for comparative market analyses and Leads you receive by our “warm transfer” phone program, we do not guarantee that any Lead will be delivered to any service professional on an exclusive basis. Up to 2 other agents may, and often do, receive the same Lead. You should price your services and accurately describe your service value, industry experience and comprehensive market knowledge accordingly. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to use your services, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact any Lead.  Unless you participate in our SUCCESS Guarantee Program, we do not guarantee that any Leads will close. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. REALESTATE.COM is free to contract with other real estate agents and brokers, as this is not an exclusive contract.

c. We may, but are not obligated to, provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You consent to the display of such information, and you hold REALESTATE.COM harmless from any information so displayed.

II. What You Agree.
By accepting membership in the REALESTATE.COM network or receiving a Lead (whether for review or full acceptance), you agree to pay all fees due under this Agreement and to all terms and conditions of this Agreement. In addition, you represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, as follows:

a. You are qualified and capable of performing the services of a real estate agent in the areas you indicate.

b. You are, and at all times will be, properly and fully licensed* and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations as required to operate under this Agreement (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing or insured status.

*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.

c. You will comply with the REALESTATE.COM membership requirements as may be specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by REALESTATE.COM to comply with any changes.

d. You hereby represent that you are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided REALESTATE.COM with an accurate and truthful statement detailing any exceptions. If at any time during your membership with REALESTATE.COM you should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against you or a felony conviction entered against you, you will promptly notify REALESTATE.COM. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of real estate brokerage services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize REALESTATE.COM to verify that all of the above representations are truthful and accurate.

e. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; provided however, that we are not liable to you or any customer if such matters cannot be resolved; and provided, further, that we are not obligated to so facilitate the resolution of any customer complaints. You agree that we shall have the right to disclose any information we have regarding you to any authorities requesting information from us regarding any work or services you have performed or your participation in RealEstate.com’s network.

f. If you provide written comments or testimonials about our service or activities, you agree that we may post and publish your comments or portions thereof at our sole discretion on our websites or in marketing materials including your name and company or agency. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, in the form or format that you supply to us or that you upload to any of our websites, for use and posting on our websites and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote our service and/or you or your services. REALESTATE.COM reserves the right, in its sole discretion, to review, reject and remove any content that you upload to any of our websites or your profile. You further represent that you have all necessary rights to display any of the logos, servicemarks, trademarks, and any other content that you upload to our websites, and you represent that your uploading for display of any such content, and the use by REALESTATE.COM of such content as contemplated by these Terms and Conditions, shall not violate any third party's intellectual property or other rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. You expressly acknowledge and agree that you have no right to use any logo, name, service mark or trademark of REALESTATE.COM. You are expressly prohibited from using or registering any names, logos, trademarks or domain names of REALESTATE.COM (including without limitation LendingTree.com or RealEstate.com).

g. You acknowledge and agree that all of the content and information posted on any of our websites, including but not limited to your profile and Customer Ratings & Reviews, if any, for all REALESTATE.COM Agent Network members, are the sole and exclusive property of REALESTATE.COM. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on any of our websites, other than content provided directly by you. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to REALESTATE.COM for any such damages, and will indemnify REALESTATE.COM in the event of any third party claims against REALESTATE.COM based on or arising from your violation of the foregoing. You acknowledge and agree that REALESTATE.COM has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our websites. REALESTATE.COM is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our websites.

h. You acknowledge that you will receive in connection with this Agreement, confidential information relating to our business, including, but not limited to Leads, our products, services, or offerings; our business strategies, business models, policies or practices; our inventions, discoveries, ideas, concepts, software in various stages of development, processes, procedures, techniques, models, documentation, “know-how”, trade secrets, and website(s) (collectively, “Confidential Information”). You agree to protect and maintain the secrecy of this Confidential Information by, among other things, treating such information with at least the same standard of care and protection which you accord your own confidential information but in any event with no less than a reasonable degree of care. You agree that you will not use, reproduce, copy, disclose, sell, redistribute, alter, exploit, or share the Confidential Information except as necessary to perform your services under this Agreement.

i. You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with REALESTATE.COM, any customer or other third party, including, but not limited to, (i) incorporating any fee in a customer's bill for any fees paid to REALESTATE.COM, (ii) charging REALESTATE.COM customers any more than your other customers, or (iii) disclosing any user personal information of a consumer to any third party. You will at all times be in full compliance with all applicable Federal, State, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A REALESTATE.COM LEAD (OR THE INFORMATION CONTAINED THERIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO REALESTATE.COM AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF REALESTATE.COM. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL AND STATE DO-NOT-CALL REGULATIONS AND FEDERAL AND STATE ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO REALESTATE.COM, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.

j. You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Leads provided by REALESTATE.COM to any other party.

III. Fees.
a. You agree to be bound by the pricing plan to which you agree when you sign up for our service.  Fees will consist of a monthly subscription fee, and additional fees for Leads you accept in addition to those included in your subscription plan.  You hereby authorize us to process all of these charges to your payment method of record and process any adjustments that may be required unless we have been specifically directed otherwise. You expressly acknowledge and agree that this means that REALESTATE.COM may periodically make charges set forth in your Agreement to your credit card on a recurring basis. You also agree to maintain current information on your payment methods in our records and update any expired or closed credit card or debit account numbers prior to the effective date of such expiration or closing. 

b. You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your REALESTATE.COM profile are kept up-to-date and accurate. REALESTATE.COM is not responsible, or liable, for undelivered customer notifications.

c. REALESTATE.COM reserves the right, at its sole discretion, to provide periodic discounts and incentive programs to you and/or other members in its network.  REALESTATE.COM is not required to provide such discounts or incentives to all members of its network.

d. You acknowledge that you will not receive a detailed account statement unless you provide REALESTATE.COM with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the REALESTATE.COM Website. REALESTATE.COM will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law, and a $5 administrative processing fee. Returned ACH payments are subject to a $15 processing fee.

e. Past due accounts (including an Early Termination Fee (as defined below), if applicable) may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.

f. No fees, whether your monthly subscription fee or any fees for additional Leads, are contingent upon your successfully engaging any clients or closing any transactions.  LendingTree, LLC, the owner and operator of RealEstate.com, is a licensed real estate broker, and you are a licensed real estate agent or broker. All fees hereunder are cooperative brokerage fees.

g. REALESTATE.COM is not obligated to refund to you any amounts for pre-paid subscription fees, whether or not you use the service.   

IV. Indemnification; Limitation of Liability; Disclaimer of Warranties.
a. Indemnification. You shall fully protect, indemnify and defend REALESTATE.COM and all of its agents, officers, directors, shareholders, suppliers, partners, employees, representatives and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information and your representations regarding the non-infringement of intellectual property rights hereunder) as provided in these Terms and Conditions, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF REALESTATE.COM OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY REALESTATE.COM OR THE INDEMNIFIED PARTIES.

b. Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF REALESTATE.COM TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO REALESTATE.COM DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.

c. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE REALESTATE.COM SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND REALESTATE.COM DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.  

V. Other Terms.
a. These Terms and Conditions may be changed from time to time and you agree to be bound by any changes that are posted on our website at www.agentsuccessonline.com or which are otherwise communicated to you.   

b. You may terminate your membership in our network at any time, but you shall be obligated to pay any Termination Fee for your program and for any Leads or services delivered to you prior to our receiving your termination.

c. REALESTATE.COM, in its sole discretion, reserves the right to suspend your rights in our network or terminate your membership in our network immediately at any time for any reason or no reason at all or to assign your Agreement with us to any third party.  You may not assign your Agreement to any third party.

d. If your membership in our network is terminated or expires, your obligations in Sections II; III; IV; and V, and any Leads provided to you during the term of your membership in our network and the relationships you enter into or create from those Leads will continue to be governed by these Terms and Conditions including but not limited to with respect to disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims.

e. If it is determined or suspected by REALESTATE.COM in its sole discretion that you are misusing or attempting to misuse or circumvent the REALESTATE.COM services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by REALESTATE.COM, in addition to our right to immediately terminate your membership in our network, REALESTATE.COM reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

f. In the event of termination of your membership in our network, you shall not be entitled to any refund of any fees paid to us, including any prepayments.

g. You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of North Carolina (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Charlotte, North Carolina are the exclusive forum for litigation of any claim by you arising hereunder, and you submit to sole and exclusive jurisdiction in the State of North Carolina, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.

h. The relationship between REALESTATE.COM and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.

i. If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.

RealEstate.com, a service of LendingTree, LLC Terms & Conditions