OCRealtorDIRECT.com
Agent Terms of Use

Welcome to OCRealtorDIRECT.com. (“OCRealtorDIRECT.com”, “we”, “us” or “our”) offers certain marketing techniques and services (the “Services”) to real estate professionals (“you,” “your” or the “Agent”), conditioned on your acceptance without modification of the terms, conditions and notices contained in these Agent Terms of Use (“Agent Terms”). If you are using the Services on behalf of an organization, you agree to these Agent Terms for that organization and you represent and warrant that you have the authority to bind that organization to these Agent Terms (in which case, “you”, “your” and “Agent” will refer to that organization).

These Agent Terms constitute the entire agreement between you and us, govern your use of the Services, and supersede any and all prior agreements, written or oral, between you and us. In the event of a conflict between you and us, these Agent Terms of Use shall control.

As a condition of our promoting you on the OCRealtorDIRECT.com website, and also at the OCRealtorDIRECT.com Facebook page at https://www.facebook.com/OCRealtorDirect/, you agree that you will not use this website or the Services for any purpose that is unlawful or contrary to these Agent Terms. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with this website or the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this website or the Services.

OCRealtorDIRECT.com [FREE] SERVICES

OCRealtorDIRECT.com is a Real Estate Directory that connects home buyers and sellers (each individually a “Customer”, and collectively, “Customers”) to real estate professionals.

Real estate professionals may apply for consideration to be listed in our directory and marketing services and, if accepted, you will receive an individual extension in our Toll-Free Directory at
800-707-3136 and be showcased as one of 3 BEST Of The BEST Agents in a city we both agree to represent you.

AGENT APPOINTMENT AND ACCEPTANCE

Subject to all of the terms and conditions of these Agent Terms, OCRealtorDIRECT.com, hereby appoints you, and you hereby accept such appointment, for the term of these Agent Terms as a non-exclusive representative for ReferralExchange.com.

RELATIONSHIP OF THE PARTIES

Agent shall, in all matters relating to these Agent Terms, act as an independent contractor. In all such matters, Agent (or any of its representatives) shall not act as, or represent itself to be an agent, partner or co-venturer of OCRealtorDIRECT.com and shall have no right or authority to assume or create any obligation, liability, responsibility whatsoever, express or implied, or to bind OCRealtorDIRECT.com in any way whatsoever unless expressly authorized in writing by OCRealtorDIRECT.com.

  • You will not act as our employee under the meaning of or application of any United States federal or state laws relating to unemployment insurance, old age benefits, social security, worker’s compensation, or any regulations which may impute any obligation or liability to OCRealtorDIRECT.com by reason of an employment relationship.
  • You will not pledge the credit of OCRealtorDIRECT.com nor hold yourself out as our agent.
  • All of your employees or agents are deemed to be exclusively your employees or agents, under the direction and control of Agent.
  • You agree to indemnify and hold us harmless from any and all damages, costs, and claims resulting from your unauthorized statements or actions, including without limitation, costs of investigation, legal proceedings, settlements and attorneys’ fees.

RESPONSIBILITIES OF OUR PARTICIPATING REAL ESTATE AGENT PROFESSIONALS

Responsibilities of All Agents

All real estate agent professionals who are registered, promoted, marketed at OCRealtorDIRECT.com represent and warrant the following:

  • You are a real estate salesperson or broker with a current and valid license, of legal age, and capable of forming a legally binding contract.
  • You have complied with all real estate licensing laws and have adequate and appropriate insurance coverage.
  • You will promptly maintain and provide us with updates of any changes in your license status.
  • All information you submit to us is true and complete and you will maintain and promptly update your profile or other information you provide to us or any Customers.
  • You have obtained your broker’s or other permission to use the Services, if required.
  • All information you submit to Customers about your services is your responsibility and not a OCRealtorDIRECT.com offering of any Service.
  • Your services do not violate any applicable laws or regulations.
  • You understand that we reserve the right to terminate your participation and your inclusion on our website for any reason at our sole discretion.
  • You understand that whether your Customer referral becomes a Qualified Customer is solely at our discretion.
  • You agree that a Customer is any person, homebuyer or home seller who we introduce, send or refer to you by email, fax, phone or other method of communication.
  • You will not use the lead information and details you obtain from us to locate, identify or directly contact a home seller or home buyer in any manner without first accepting this Agreement.
  • You will provide Customers with all information and notices legally required with all real estate licensing and regulatory requirements applicable to real estate agents.
  • You agree that this a non-exclusive relationship; however, you will only share information regarding Customers we refer to you as reasonably necessary in connection with pursuing Qualified Transactions.
  • You will provide your services to each Customer in an efficient, professional, good and workmanlike manner, in accordance with industry standards of care and skill and in compliance with all applicable laws and regulations.
  • You acknowledge and agree that Customer is not obligated to work with you, and that you are not obligated to work with Customer.
  • You must accept these Agent Terms each time you accept a Qualified Customer referral from us.
  • If you engage in a new transaction with a Customer following a Qualified Transaction with such Customer, you are deemed to have accepted a new Agent Terms of Use agreement for any subsequent Qualified Transaction.
  • You agree to allow OCRealtorDIRECT.com to publish the content of your Listings including images and videos on our site and to have us publish these on any of our social media sites including facebook, Instagram, YouTube and Linked in.  From time to time, we may elect to establish other social media pages for OCRealtorDIRECT.com.  Your agreement will extend to these as well. The purpose is to help bring prospects to our website and or your page.

NO PAYMENTS AND NO COMPENSATION

OCRealtorDIRECT.com does not charge or require any fees including referral fees for the services we provide to you before, during or after a transaction is closed. Our compensation, if received, comes from the lenders we do business with if we procure financing for the home buyer through our Home Lending Brokerage, HANEJEN ONE, dba GoToHome Realty & Loan located at 17011 Beach Blvd, Suite 900, Huntington Beach, CA 92647.  MLO License Endorsement 378508

WARRANTIES AND DISCLAIMER

Each party represents and warrants that it has the right, power, and authority to enter into these Agent Terms and to perform its obligations and duties hereunder, and that the performance of such obligations and duties does not and will not conflict with or result in a breach of any other agreement of such party or any judgment, order or decree by which such party is bound.

EXCEPT AS EXPRESSLY SET FORTH IN THESE AGENT TERMS, OCRealtorDIRECT.com DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ANY PRODUCTS, SERVICES OR THESE AGENT TERMS, AND OCRealtorDIRECT.com EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION PROVIDED BY OCRealtorDIRECT.com OR ANY OTHER AGENT, WHICH MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS, AND ALL RISKS ASSOCIATED WITH THE REPRESENTATION OF ANY CUSTOMER, WHICH MAY INCLUDE FACE TO FACE MEETINGS WITH THE CUSTOMER IN EMPTY HOMES, DRIVING TO AND FROM VARIOUS DESTINATIONS AND OTHER ACTIVITIES TYPICALLY ASSOCIATED WITH A REAL ESTATE TRANSACTION. OCREALTORDIRECT.COMASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH ACTIVITIES, INACCURACIES, ERRORS OR OMISSIONS.

OCRealtorDIRECT.com MAY MAKE CHANGES TO ITS PRODUCT OR SERVICE OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THIS WEBSITE AT ANY TIME AND WITHOUT NOTICE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING ELSE IN THESE AGENT TERMS TO THE CONTRARY OR OTHERWISE, OCRealtorDIRECT.com WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE AGENT TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF OCRealtorDIRECT.com WAS AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. OCRealtorDIRECT.com SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OCRealtorDIRECT.com BE LIABLE FOR ANY AMOUNT GREATER THAN $100.

INDEMNITY

Agent shall, at its expense, indemnify, defend and hold OCRealtorDIRECT.com harmless from any costs, expenses (including attorney’s fees), losses, damages, and liabilities which OCRealtorDIRECT.com may hereafter incur, become responsible for, or pay out as a result of: (a) death or personal injury (including bodily injury) to any person, destruction or damage to any property to the extent caused by negligent or willful acts, errors, or omissions by Agent, its employees, officers, agents, representatives, or subcontractors in the performance of these Agent Terms; (b) any unauthorized representations or warranties made or given by Agent, its employees, officers, agents, representatives, or subcontractors in respect of the Services; (c) the breach by Agent of any representation or warranty made by Agent hereunder; or (d) any alleged failure by Agent to satisfy any tax or withholding obligation.

OCRealtorDIRECT.com shall give prompt written notice to Agent, who shall assume and control the defense of OCRealtorDIRECT.com claim with counsel of Agent’s choice and at Agent’s expense. OCRealtorDIRECT.com shall cooperate in the defense in all reasonable respects at Agent’s sole cost and expense. OCRealtorDIRECT.comshall be entitled to retain its own counsel at OCRealtorDIRECT.com own expense to participate in the defense of the claim in an advisory capacity.

TERM AND TERMINATION

Unless terminated earlier as provided below, these Agent Terms shall terminate:

Either party may terminate these Agent Terms at any time, with or without cause

SURVIVAL

The following provisions shall survive the termination or expiration of these Agent Terms for any reason: Warranties and Disclaimer, Limitation of Liability, Indemnification, Term and Termination, Confidentiality, and Miscellaneous.

CONFIDENTIALITY

Agent shall use the proprietary or non-public information disclosed by OCRealtorDIRECT.com (“Confidential Information”) only in performing under these Agent Terms and shall retain the Confidential Information in confidence and not disclose to any third party (except as authorized hereunder) without OCRealtorDIRECT.com’s prior written consent. Except as otherwise set forth herein, all Confidential Information shall remain the sole property of OCRealtorDIRECT.com. Agent shall hold the Confidential Information of OCRealtorDIRECT.com in strict confidence in perpetuity.

Notwithstanding the foregoing, Agent’s confidentiality obligations hereunder shall not apply to information which: (a) is already known to Agent prior to disclosure by OCRealtorDIRECT.com; (b) becomes publicly available without fault of Agent; (c) is rightfully obtained by Agent from a third party without restriction as to disclosure, or is approved for release by written authorization of OCRealtorDIRECT.com; or (d) is required to be disclosed by law or governmental regulation, provided that Agent will provide reasonable notice to OCRealtorDIRECT.com of such required disclosure and reasonably cooperate with OCRealtorDIRECT.com in limiting such disclosure.

MISCELLANEOUS

Notices; Modification of Terms

OCRealtorDIRECT.commay provide notice to you via email, regular mail, SMS/text message, or by posting notices or links to notices on this website. OCRealtorDIRECT.com reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or your use of or access to them, with or without notice. OCRealtorDIRECT.com will not be liable to you or any third party for any modification, suspension, or termination of the Services.

OCRealtorDIRECT.com may update or change the terms, conditions, and notices for the Services from time to time to reflect changes to the Services, changes in the laws affecting the Services, or for other reasons. You understand that OCRealtorDIRECT.com reserves the right to make these changes and that each time you are required to accept these Agent Terms, you are responsible for reviewing these terms, conditions, and notices. Acceptance of these Agent Terms or use of the Services after any such change shall constitute your consent to such change.

Assignment

These Agent Terms may not be assigned or transferred (by operation of law or otherwise) by Agent without the prior written consent of OCRealtorDIRECT.com. Subject to the foregoing, these Agent Terms shall inure to the benefit of, and be binding upon, each party’s successors and permitted assigns.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Effective Date: July 10, 2018
Last Modified:  7/11/2018

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