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Our Commitment: Gold Agent Finder subscribers will only be emailed and charged for leads that have been screened and were found as being valid to the best of our knowledge. You will receive these leads from within and around a 15 mile radius of your account address. You will be charged the one-time set-up charge for your Agent Finder listing, and any leads generated on a per lead basis (Gold members only).
Your Obligations: You agree that you (i) will comply with all the terms of this agreement, (ii) are a licensed Talking House real estate agent in good standing in all applicable jurisdictions, (iii) will comply with all applicable laws, regulations and real estate industry codes of ethics and conduct, (iv) will comply with the Services Standards set forth below, (v) will not resell or redistribute any leads generated by us. In addition, except as expressly permitted in this agreement, you agree that you will not during the Initial Term or at any time thereafter, copy, imitate, disclose, modify, sell, license, redistribute, or use, in any manner whatsoever, any leads, any information disclosed by us to you, and/or any element of our current or contemplated websites, business models, products or services.
Service Standards: By signing up for the Talking House Agent Finder service, you agree to service the leads generated by the Agent Finder (as applicable) within 2 business days of receipt or let us know as early as possible if you won’t be able to do so. If you fail to meet a response deadline, or inform us that you won’t be able to do so, we may reassign all affected leads to another party without any refund to you. In addition, you agree to (i) use professional integrity in dealing with and following up on leads, (ii) not have any leads pending for more than 7 days, (iii) have an average lead response time of 48 hours or less (measured on a rolling 30 day basis throughout the term of the agreement), and (iv) allow us to contact our leads for quality control purposes and to incorporate information about you, including your name and brokerage affiliation, into our marketing information, products and services.
Term: The Initial Term consists of a 12 month agreement. When your 12 month term is approaching its expiration, you will receive an email offering you to re-subscribe for the Agent Finder Service. After the Initial Term, we may increase the fees payable by you under this agreement with prior notice to you (at this time you will have the opportunity to terminate the agreement if you do not wish to pay the increased fees). You may terminate the agreement at any time during your 12 months with understanding that you forfeit the one-time set-up fee.
Payment: You agree to pay the fees set forth in this agreement and authorize us to bill you in the manner you have designated (credit or debit card). Gold members will be billed for each lead generated during the prior month on the 1st of the following month. If payment is not made in a timely manner, we may suspend your listing or delivery of the lead generation service to you, and may reassign your leads to another customer (Gold Members only). Suspension does not release you from your payment or other obligations under this agreement, or entitle you to any refund of payments already made.
Termination: We may terminate this Agreement at any time after the Initial Term or if you are in default of your obligations under this agreement by giving you notice. You may terminate this agreement at any time by giving written notice on or before the 15th of the month, with notice to be effective on the last day of that same month. If you terminate during the Initial Term, your listing will be taken down and you will not be refunded the initial set-up fee. You may deliver your written notice of termination by email to your Success Coach, or by mail to Broadcast Marketing LLC, c/o Talking House, 2070 Maple Street, Des Plaines, IL 60018.
LIMITATION OF LIABILITY: YOU ACKNOWLEDGE THAT LEADS, MATERIALS, PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. IN NO EVENT WILL TALKING HOUSE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE ANY LEAD, MATERIALS, PRODUCTS OR SERVICES. TALKING HOUSE AND ITS AFFILIATES AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE FEES THAT YOU HAVE ACTUALLY PAID.
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