This Advertising Agreement is between HouseHunt Select, a division of HouseHunt, Inc. ("HouseHunt") and Agent.
1. Services Provided. HouseHunt hereby provides Agent with Advertising Space on HouseHunt's web site for the Territory shown in paragraph 2, and all related services offered by HouseHunt to its Advertising Agents, which may be changed from time to time at HouseHunt's sole discretion. HouseHunt reserves the sole right to add, vary, change and/or delete any features of the internet web site package without notification to or recourse by Agent. HouseHunt is the sole owner of all rights and materials used in connection with its web site and the services provided, including all rights with respect to the look, feel, and utility of its web site. HouseHunt is solely responsible for technical control of each such domain name used with this Agreement and will pay all fees associated with registration of the IP address used for the web site(s) pursuant to this Agreement.
2. Agent's HouseHunt Territory. Agent shall have exclusive advertising space in a territory on HouseHunt.com ("Territory"), which is defined by HouseHunt and may be modified from time to time at HouseHunt's sole discretion:
3. Pricing. Agent agrees to pay an Initial One-Time Set Up Fee of $50 for the Territory plus a monthly Advertising Fee
4. Term and Payment. This Agreement is a month to month Agreement and Agent or HouseHunt may terminate at any time by giving the other party a thirty (30) day written notice. There are no refunds once payment has been processed. Agent authorizes HouseHunt to automatically charge Agent's credit card each month. If payment is declined by the credit card company, Agent is terminated in HouseHunt's sole discretion and Agent will forfeit all rights and benefits under this Agreement.
5. Right of First Refusal Option to Upgrade to HouseHunt Premier. In the event another real estate agent offers to acquire Agent's Territory as a "HouseHunt Exclusive Premier Agent", Agent will be notified of this by HouseHunt. Agent has one full business day after such notice in which to acquire the Territory as a HouseHunt Exclusive Premier Agent but if Agent does not notify HouseHunt it wants the Territory as an Exclusive Premier Agent then HouseHunt has the right to remove the Agent's advertising from the Territory. At Agent's option, advertising may be switched to another available Territory or Agent will be entitled to a pro-rated refund for any period in which Agent is no longer the Advertising Agent in the Territory.
6. Site Advertisement. Agent's advertising will begin within one (1) business day after receipt of signed agreement. Agent will be eligible to receive HouseHunt' leads immediately thereafter. Agent, at Agent's option may supply additional information, such as Agent's Photo, Agent's Logo, Agent's Biography and Agent's Customer Testimonials to customize Agents Advertising. Agent warrants the accuracy of all such information provided by Agent to HouseHunt.
7. Miscellaneous. This agreement is not transferable and may not be assigned to any other party. HouseHunt is not responsible for the actions of the Agent, and the Agent will defend, indemnify and hold HouseHunt harmless against any and all actions of any type or nature arising out of this Agreement or from any act or omission of the Agent and will pay for HouseHunt's counsel of choice. In the event of a breach of any provision of this Agreement, the prevailing party shall be entitled to its/his/her reasonable attorney's fees. Any dispute shall be resolved by Arbitration in accordance with the rules of the American Arbitration Association with the costs of arbitration shared equally by the parties. Agent and HouseHunt shall bear their own attorney fees. The laws of the State where the Territory is located shall apply.
8. Counterpart. This Agreement may be executed via facsimile and in any number of counterparts, each and all of which, when taken together, shall be deemed for all purposes to be one agreement. This Agreement is the final understanding between the parties, and all prior discussions and representations are merged herein. This Agreement is effective after a confirming e-mail from HouseHunt is received by Agent.
9. Relationship of the Parties. Agent and HouseHunt are in a vendor-vendee relationship and neither party will represent to any third person that the relationship is anything else. There is no fiduciary relationship or any other duty of care imposed upon the parties by law except as expressly required in performance of the terms of this Agreement.
10. Other terms and Conditions. This Agreement includes Agent's agreement to HouseHunt's Terms and Conditions which are updated from time to time and shall be a part of this Agreement.
[ ] I represent and warrant that I am authorized to enter into this Agreement by Agent and that I have read and agree to the Agreement as well as the Terms and Conditions including those relating to Non-Compete and Confidentiality requirements
Understood and Agreed by:
Agent Signature ______________________________ Date ___________________
HouseHunt Signature ________________________ Date ___________________