Client Obligations. Client agrees to give Real Estate Faster, Inc., hereby known as 'Marketer' his/her schedule of availability and to be available to meet with Buyers and Sellers, hereby known as 'Sellers' for brevity, during the times Client states he/she is available. Client agrees to show up on time in a clean and presentable manner. Client agrees to represent themselves to the best of their abilities during these appointments. For all Sellers that agree to list their house with Client, Client will fulfill their fiduciary responsibilities to these Sellers and help them sell their property for the highest price, in the quickest time frame, with the least amount of complications and to uphold all laws as dictated by Client's state and federal government as well as any rules in place by affiliations with companies like the National, State, and local Associations of Realtors in which Client may be a member. Client Agrees to let Marketer use Client's name and positive reputation in order to generate leads for Client and Marketer.
Marketer Restrictions. Unless Marketer has a valid Real Estate Broker's license for the same state as the Sellers, Marketer will not engage in any activities that require a license. Further, Marketer is in no way obligated to represent the Sellers with any fiduciary responsibilities that would be associated with a licensed Real Estate Agent / Broker. In the event Client violates those fiduciary responsibilities or is otherwise involved in litigation, Client hereby agrees to indemnify Marketer.
Compensation. Marketer's service is free for the first 14 days, then start paying according to any of the plans selected at checkout from below:
1- Momentum $99/per month- 20% Referral Fee
2- Accelerate $177/per week- No Referral Fee
Leads and Contact Information. Client will furnish to marketer a list of Client's leads, which may include, but are not limited to, past clients, friends, local family members, and acquaintances that know, like and trust Client, as well as leads that have come in from various sources including, but not limited to, Open House Attendees, people responding to ads from various platforms, lead capture from Client's website, redfin, homelight, Kunversion, CINC, EasyAgent Pro, BoomTown, Brevity, Trulia, Zillow, Realtor.com, Bold Leads, Zbuyer, Zurple, Ylopo, etc. this list will hereby be referred to as the "Marketing List". Client will update the Marketing List periodically with new people that are to be added to the Marketing List as well as advice on removing people who should no longer be marketed to. The Marketing List may take the form of access to Client's CRM or a spreadsheet sent from Client to Marketer or any other method agreeable to both parties. Client will also advise Marketer about how any relationships Client has with the people on the Marketing List so Marketer may use that information to generate more sales activity. If there are any scripts, value propositions, phrases, etc. that Client wants marketer to use, Client will notify Marketer of such content. Client will advise Marketer on how Client wants to receive updates, which can take the place of CRM entries that can automate a report for Client (this depends on the CRM Client is using) or a separate report generated by Marketer, or something else as agreed between the parties.
Marketer has exclusive relationships with Agents all over the U.S. to contact Expireds and FSBOs, but if such a relationship doesn't exist in Client's market, Marketer will let Client know this is available to Client. If Marketer is going to call expireds and / or FSBOs, then A) a separate agreement will need to be signed by the parties & B) Client must provide the leads to dial. Marketer has an affiliate relationship with a company called LandVoice that provides data for Expired Listings and FSBOs. LandVoice requires Client to purchase their own membership, but has agreed to offer a discount for all of Marketer's Clients.
For the Marketing List, Client is to provide as much contact details as Client has available. Marketer has methods of producing additional contact details that aren't provided by Client, but if certain contact details cannot be found, then the contact will not be marketed to through the missing channel. For example, if an email address for a contact is not furnished by Client, Marketer may try to use other methods of getting the email address, but if those methods don't produce the email, marketer won't send emails to that contact until an email address can be found. However, marketer may still make phone calls, assuming the phone number for this contact has been furnished.
Client will advise Marketer of additional communication that Client has with contacts within the Marketing List, so that Marketer may reduce the marketing communication accordingly and not annoy the prospect with too much marketing.
Independent Contractor Relationship. Marketer's relationship with Client will be that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. No part of Consultant's compensation will be subject to withholding by Client for the payment of any social security, federal, state ,or any other employee payroll taxes.
Exclusivity. While Marketer has exclusive agreements with Real Estate Agents for Marketer's Expired/FSBO service, the marketing service as described in this agreement doesn't have any exclusivity other than the fact that Marketer will not use data provided by Client to service any other Real Estate Agent that Marketer is working with. If Marketer is to contact the same Seller on behalf of two different Real Estate Agents, both Agents will have to separately give the contact information to Marketer. Marketer will take a reasonable amount of care to prevent mistakenly calling on behalf of the wrong agent & malicious intent will need to be proven before any liability can be assigned to Marketer for violating this clause.
Cancellation. Either party can cancel any future billing as described in this agreement at any time for any reason. However, in no event does cancelling future billing remove Client's obligation to pay fees on any marketing services provided prior to cancellation. In other words, beyond the trial period, Client can't make a request for Marketer to utilize a bunch of hours with a promise to pay later then cancel and skip out on their bill. Marketer will pause service if Client has unpaid bills.
Assignment. Marketer may assign this agreement to a third party as long as the terms remain the same to the Client.
Indemnity. Client understands and agrees that Client is personally responsible for Client's behavior. Client agrees to indemnify, defend and hold harmless Marketer, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of Client's use, misuse, or inability to use the Site, the Service, or the Content, or any violation by Client of this Agreement, or violation of Client to their fiduciary duties as a licensed professional.
Guarantee. If Client has paid Marketer for 2 consecutive years, 104 weekly payments, without pausing or canceling service, on the same plan without default, and Client is delivering to Marketer a minimum of 30 leads every month while attending all of the appointments set by Marketer on time, then Marketer is guaranteeing that client will receive a minimum of $20,592 in Gross Commission Income, calculated as 3% of the listing price for 50% of the appointments that list with any real estate agent. Any amount less than $20,592 from the calculation above will then be cut in half to calculate the refund amount. If Client receives more in actual commission than the calculated commission in the equation above, then client's actual commission will be used as the basis of the refund amount.
For example: If Marketer delivers 24 appointments, but only 10 went on the market, then Client should have converted 50% or 5 Listings. If the average price for those listings was $333,333, then 3% Broker commission calculation is $50,000 in Gross Commission. In this case because $50,000 > $20,592, and no refund is due. Marketer is guaranteeing that Marketer will deliver value and if 10 people met with Client in person who ultimately signed with a real estate agent, then Marketer delivered it's value. If Client only met with 3 people in person who went on to sign a listing agreement with a real estate agent, then it would be expected that only 1 of those 3 does Client have great odds of converting, so the average list price of the 3 will be used, if average list price is $333,333 then 3% commission is $10,000, which is $10,592 less than $20,592, and a refund of $5,296 is due from Marketer to Client. If Client only meets with 2 or fewer people in person who went on to sign a listing agreement with a real estate agent, then $10,296 shall be refunded, subject to all the terms of this clause.
Governing Law. This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Texas, County of Montgomery.
Severability. If any provision of this Agreement is held by a court of law to be illegal, invalid, or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
Arbitration of Disputes.
Client and Marketer agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. Client and Marketer also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Client shall pay all costs and fees associated with the arbitration process. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act.
NOTICE: BY STARTING THIS FREE TRIAL YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY TEXAS LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY SIGNING YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE TEXAS CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
