AGENT AGREEMENT – TERMS OF SERVICE
This agreement establishes a referral arrangement between you and Top Agent Connection (also known as Verified Realty Leads, Top Agent Leads, Top Agent Hub, Top Agent and any other associated websites). You hereby agree to the following:
Cost Per Lead $99. Your First 5 Are included in your Membership. Your First 5 for free, though leads are not guaranteed as marketing, real estate markets can be unstable or unpredictable.
Converted Lead Fees:
Under $50k …..$50
Our Fees are due when you list a home for a seller or when an the offer is accepted on a property for a buyer you are representing. These fees are only due for clients we send you and they are due immediately. If a transaction falls through the fee is credited back to you.
Top Agent Connection Membership
Your initial investment and set up fees are for your Top Agent Connection membership which features you on our directory websites and gives you the opportunity to be connected with clients. Setting up your account and profile is your responsibility but we are here to help and assist you in building it out. You also will be eligible to receive client requests and inquiries that come through to Top Agent Connection. Top Agent Connection is a website available to consumers; buyers, sellers, or both, and it suggests, displays or matches the user to Real Estate professionals. We run paid ads and marketing campaigns that are redirected to a large variety of landing pages and websites that are branded under our company, sub-brands, and websites we operate. Because we have limited availability and we pay for these services and marketing on behalf of the agent, we do not offer refunds after 48 hours. We also utilize third party websites and services. We have an in-house call center to generate seller/buyer leads through various campaigns, this service is not guaranteed to all accounts or members unless otherwise defined in your description of service or receipt. Understand you are paying for exposure, a profile, and access to our website and services. Leads are not guaranteed unless otherwise defined in your description of service or receipt. Membership does not guarantee a set amount of leads or referrals on a monthly basis as Real Estate markets vary and change and we have no control over real estate market trends or the consumers themselves. Leads are routed according to Top Agent Connection’s routing preference and sent to agent via email, phone and mobile device applications. Agent agrees to the following terms on this page.
Contacts, Leads & Referrals
You agree that you will not refer Clients to any other agents or brokers. If you refer the Client to another broker or agent without Top Agent Connection Inc’s consent, you or your Broker shall be responsible for the Referral Fee according to the terms and conditions of this Agreement. This includes but is not limited to:
- If you refer the Client to another agent within your brokerage.
- If you refer the Client to another agent outside your brokerage.
- If you change brokerages but the Client stays with the same brokerage.
- If you change brokerages and take the Client with you to your new brokerage.
- In the event that you represent both a buyer and seller on the same transaction and one party is a Top Agent Connection Inc Referral, the Referral Fee will be paid on one side of the transaction. If both are contacts sent by Top Agent Connection, the fee is due for each contact/lead.
- In the event that you receive a Referral from Top Agent Connection Inc with whom a pre-existing relationship between you and the Client had been established in the past 12 months, no Referral Fee is due to Top Agent Connection Inc. In such cases, you must provide proof of the pre-existing relationship to Top Agent Connection Inc.
- In the event that we send you a referral that is later listed within your brokerage but not you, Top Agent Connection is owed a fee based on the list price unless given proof that the lead was obtained by another source prior to us sending it to you.
This Lead/Referral or Buyer/Seller contact info is sent to your preferred email or phone number after they have expressed interest to us and agreed to accept a call or communication from an agent on our program. In some cases, they will express interest online but we will be unable to reach them thereafter, these will still be counted and categorized as leads or referrals. Territories: You will choose 1 or more zip codes for us to target but understand leads and inquiries will come from nearby zip codes. Signing up for a zip code means you will be getting inquiries in up to a 30 mile radius and leads from your primary zip code are not guaranteed unless stated in writing from a staff member or defined on your specific program.
A contact, lead or referral is defined as a consumer, company or person who is looking to, might be, likely to engage in a real estate transaction. A Lead will have at least 3 of the following fields of information provided to you;
Additional Property Address
A lead is counted if the buyer or seller’s property location or locations of interest are within your territory or 30 miles of the city or zip code you selected. A lead is counted in the event you reject it and falls within 30 miles of your territory. We will Email, call or text you with each lead as well as send over the lead contact information and details. A lead is counted if you do not respond within 1 hour to our phone call, text or email. If you do not respond within 1 hour, the lead may be routed to another agent.
Cost Per Lead: $99 Your Membership Includes Your First 5 for free, though leads are not guaranteed as marketing, real estate markets can be unstable or unpredictable.
Our Fees are based off of what you list a home for or the offer amount accepted by a seller that is submitted on behalf of a buyer we refer. It must be paid within 7 days and before your membership or contract ends. Fees are due the date you list a home or get an accepted offer.following fees
Lead Conversion Fees
Under $50k …..$50
We reserve the right to collect any outstanding fees at the time of your membership ending. If no payment or any status/communication from agent has not been received by within 14 days of the agent listing or getting a buyer under contract, agent will be marked as Non-Compliant and membership, account and lead distribution will be suspended or cancelled and we will not offer refunds of any membership or fees will be refunded or pro-rated. These fees are not refundable. We offer (3) refund credits per agent, per 9 months and additional credits for special cases; a buyer/seller cancels, expires or a home is not sold. Lead distribution is determined by and is at the sole discretion of Top Agent Connection. Lead and Referral Fees are due for appointments, contacts and leads assigned or sourced from Top Agent Connection or any brand, websites or blogs owned by Top Agent Connection.
Lead/Referral Payment Terms
- You agree to have the resulting Referral Fee paid by check, credit card, paypal or directly from escrow, addressed to: Top Agent Connection Inc, 2535 Camino Del Rio S, Suite 303, San Diego, CA 92108
- If the Referral/Lead Fee owed to Top Agent Connection Inc is not received by your membership or contract expiration date or within 9 Months of listing a lead/client’s home or getting a buyer lead/appointment an accepted offer, you agree that you or your Broker will pay an additional 5% of the fee (the “Late Fee”) to Top Agent Connection Inc. Late Fees are charged per month until the Referral Fee is paid. The maximum Fee, including any Late Fees, is 50% of the total calculated fees owed. Should Top Agent Connection Inc have your credit card on file, on the 21st day past 9 months of listing a lead/client’s home or getting a buyer lead/appointment an accepted offer, they can and will automatically charge the appropriate amount in alignment with the amount found on public record for the seller’s property or the home the buyer submitted an offer.
Additional Membership Description and Service Provided
- A profile on Top Agent Connection’s website or directory is active during your subscription
- The agent is responsible for publishing the profile and directory and making edits to the content
- Eligible for Leads/Referrals. Leads are not guaranteed as we are dependant and rely on Real Estate markets, Marketing trends and Competition and other factors that may prevent leads/inquiries/contacts or requests from Home Buyers/Sellers.
- Access: Agent must request access and submit profile information to Top Agent Connection, if the terms of service, or agreement is not received, or account information is not received or inaccurate, the agent will be ineligible for leads/appointments.
- A profile may be created for the agent, it is the agent’s responsibility to request any changes of text content or photos. Any profile creation, website log in, or signing of these terms will automatically result in agent being ineligible for refunds.
- The directory profile has 1 primary location determined by latitude and longitude where is primarily displayed.
- It is the Agent’s responsibility to list any other zip codes, cities or geographic locations that you work or purchased. You will not be primarily displayed in each zip code.
- Traffic, Enquiries, Leads, Referrals are not guaranteed from your directory profile.
Agent is solely responsible for all: materials submitted to Top Agent Connection or Associated Brands for inclusion in an profile, including, without limitation: (i) ad photos, videos, information, URLs, Website Content, and other content, whether generated by or on behalf of Agent/Member (collectively, “Ad Materials”); and (ii) web sites and landing pages to which Ad Materials link or direct users, and the advertised properties and services on such pages, (collectively “Advertised Properties and Services”). Agent/Member represents and warrants to Top Agent Connection or Associated Brands that it is authorized to act on behalf of and has bound to the terms of this Agreement
Top Agent Profile Display.
Although a system may include an estimate of how many times a member will be displayed each month, Top Agent Connection cannot guarantee that impressions of the profile will be uniformly distributed during any month or that the estimated number of leads or impressions will be delivered during the Term. In the event that an Profile Order guarantees an aggregate number of impressions or leads and the corresponding Profile does not receive the guaranteed number of impressions during the Term, Agent/Member’s sole remedy will be for Top Agent Connection or Associated Brands to: (i) provide the outstanding leads and impressions following the end of the Term if the Member paid for the impressions upfront; and (ii) only charge Agent/Member for the impressions delivered. Notwithstanding the foregoing, for Premier Agent impression-based Ad Orders that include “up to” a particular number of impressions, Top Agent Connection or Associated Brands does not guarantee any aggregate number of impressions.
Listing Profile Updates. Top Agent Connection or Associated Brands may send an email to Agent/Member, asking Agent/Member to confirm the continued currency and accuracy of a Featured or Standard Listing Ad or a Video Ad. If Agent/Member does not respond to the update request within the time frame specified, Top Agent Connection or Associated Brands may remove the Profile or Standard Listing Ad or Video Ad from the Top Agent Connection or Associated Brands Sites without refunding any prepaid amounts to Agent/Member. Agent/Member may reinstate the Profile or Standard Listing Ad or Video Ad, or revise it with different content, at any time during the remainder of the Term of the membership or Standard Profile or Ad.
Upgrades/Downgrades. Agent/Members who purchased a membership or subscription other than Associated Brands may upgrade their subscription at any time, subject to availability and current pricing.
Restart. In the event Agent/Member or Top Agent Connection or Associated Brands discontinues the display of Agent’s Profile, Agent is responsible for restarting the display, which may require a modification or meeting demands and requests set by Top Agent Connection. Agentss terminated online will cease serving shortly after the action was taken to terminate the Agent.
Survival. Top Agent Connection or Associated Brands reserves the right to update, suspend or discontinue any Ad program and/or the terms of this Agreement at any time. Sections 1, 2(a), 3, 4, 5, 6, 7, 8, 9, 10 and 11 will survive any termination of this Agreement.
- You acknowledge that you have obtained your broker’s or other permission to use Top Agent Connection Inc’s service, if you are required to work or be employed under a broker. Your participation in Top Agent Connection Inc’s service is voluntary and can be terminated by either party at any time with written notice. However, any activity or leads, relationships made prior to such termination are still bound by this agreement.
- Broker shall indemnify and hold Top Agent Connection Inc harmless from all costs, expenses, claims, demands, causes of action, damages and judgments, including without limitation attorney’s fees, which might be imposed upon or brought against Top Agent Connection Inc as a result of a third party claim relating to actions or inactions of the Broker.
- This Agreement shall be governed by and construed in accordance with the laws of the State of California.
- Any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement may be brought in any state or federal court located in the County of San Diego, California. Each Party to this Agreement: (1) expressly and irrevocably consents and submits to the jurisdiction of each state and federal court located in the County of San Diego, California in connection with any such legal proceeding; (2) agrees that each state and federal court located in the County of San Diego, California will be deemed to be a convenient forum; (3) agrees not to assert (by way of motion, as a defense or otherwise), in any such legal proceeding commenced in any state or federal court located in the County of San Diego, California, any claim that such Party is not subject personally to the jurisdiction of such court, that such legal proceeding has been brought in an inconvenient forum, that the venue of such proceeding is improper or that this Agreement or the subject matter of this Agreement may not be enforced in or by such court; and (4) agrees to receive service of summons by First Class Registered mail.
- The prevailing party as to any dispute(s) relating to this Agreement shall be entitled to recover from the other Party or Parties to this Agreement all costs, expenses and actual attorneys’ fees relating to the enforcement or interpretation of, or any litigation relating to this Agreement.
- This Agreement contains the entire and final agreement of the Parties with respect to the subject matter of this Agreement, and supersedes all other negotiations, stipulations, understandings, agreements, representations and warranties, if any, with respect to such subject matter, which precede or accompany the execution of this Agreement.
Responsibilities and Requirements of our Participating Real Estate Agent Professionals:
In using our services as a registered real estate professionals with TopAgentConnection.com, you warrant and agree to 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;
– Only experienced real estate professionals can be part of TopAgentConnection.coms network unless approved by Management. You must have two (2) or more years experience in your local market area to assist sellers and buyers.
– You have individually either sold two (2) million in real estate sales or completed ten 10 transactions within the last twelve (12) months.
– All information you submit to TopAgentConnection.com is true and complete and that you will maintain and promptly update your Profile or other Information supplied to TopAgentConnection.com or to Users.
– As a topagentconnection.com real estate agent, you are not allowed to register or represent yourself as a prospective buyer or seller, even if your intention is to buy or sell property;
– You will not use the lead information and details obtained through topagentconnection.com to locate, identify or directly contact a home seller or home buyer in any manner without first accepting the requested service type received from topagentconnection.com;
– You have complied with all real estate licensing laws and have adequate and appropriate insurance coverage;
– All information you submit to customers about your services is your responsibility and not topagentconnection.com’s offering of service;
– You will provide customers with all information and notices legally required with all real estate licensing and regulatory requirements applicable to real estate agents;
– Your products and services does not violate any applicable laws or regulations;
– You must promptly maintain and update of any changes in your license status; topagentconnection.com reserves the right to terminate the participation of any Real Estate Professional for any reason at topagentconnection.com’s sole discretion
-You agree to pay topagentconnection.com our Referral/ Lead/ Contact, conversion fees per Listing that is under contract or listed under you or per buyer that has recieved an accepted offer on a property.
– You agree to pay Top Agent Connection a “finder’s fee” if the property we send is listed under contract by your brokerage upon us sending to you unless your brokerage can provide proof that it obtained the referral prior to us sending.
- You may not refer these leads to other agents. If you refer a lead to an agent on your team you must notify us who the agent is, or you will penalized with a 50% additional fee of whatever the gross fee owed to TAC is.
– You agree not to post or blog or write any content on other websites about Top Agent Connection or Referrals or any associated brand or website.
– You agree not to contact clients about our services or membership and request or discuss account or membership details without written consent from Top Agent Connection
– You recognize that fraudulent usage of any service provided by TopAgentConnection.com real estate services may subject you to liability.
Any claim or controversy arising out of or relating to the use of topagentconnection.com’s services, to the goods or services provided by topagentconnection.com, or to any acts or omissions for which you may contend topagentconnection.com is liable, including but not limited to any claim or controversy as to arbitrarily (“Dispute”), shall be finally, and exclusively, settled by arbitration venue in San Diego county, California. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to topagentconnection.com. In any arbitration, Top Agent Connection will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand there for. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Diego county, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
We reserve the right, in our sole discretion, and without liability, to terminate your membership and access to all or part of the Site, with or without notice. We do not offer refunds for any reason after 48 hours. Filing Credit Card dispute or writing false or negative reviews, blogs or any publication referencing Referrals, TopAgentConnection or any associated brands will result in automatic termination of your account and membership. Filing a credit card dispute will result in a 50% fine of the transaction amount disputed and we reserve the right to charge your card for the fine and the original transaction amount or we may receive it by litigation or a 3rd party collections company. Examples of Termination; Neglecting a buyer or seller lead for over 48 hours of being assigned and accepted may result in an automatic termination of your account, please always confirm you have received a lead. Any serious complaint from a seller or buyer may result in termination as well. Harassing, Threatening, Slandering any member, employee, affiliate or agent on/associated with or employed by Top Agent Connection can result in automatic termination. Violating our community guidelines can result in automatic termination.
To the extent the Services or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Top Agent Connection information regarding your credit card or debit card (collectively, “Payment Instrument”). Acceptable Payment Instruments are credit or debit cards issued by American Express, MasterCard, Discover and Visa. Checks are not an accepted method of payment at this time unless an exception is made at the sole discretion of our management.
You represent and warrant to Top Agent Connection that such information is true and that you are authorized to use the Payment Instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You authorize Top Agent Connection to process payments that are one-time, recurring, subscription based and authorize automatic debits or withdrawals.
You agree to pay Top Agent Connection the amount that is specified in the payment plan in accordance with the terms of such plan subscription and this Billing Policy. You hereby authorize Top Agent Connection to bill your Payment Instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your Account, and you further agree to pay any charges so incurred.
Top Agent Connection reserves the right to change plan subscription prices. If Top Agent Connection does make a pricing change, Top Agent Connection will provide notice of the change on the Site or in email to you, at Top Agent Connection’s option, at least thirty (30) calendar days before the change is to take effect. The pricing change will take effect on first Billing Date after your initial plan subscription period. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.
All Accounts are set up on a prepaid basis. Payment must be received by Top Agent Connection before any Service is provided and the Account is activated. You are required to keep a valid Payment Instrument on file to charge for recurring monthly or quarterly plan subscription fees, ad budget or add on services.
All international customers must pay by a Payment Instrument accepted by Top Agent Connection. Top Agent Connection does not accept international checks.
Plan subscription billing is based on availability of products and services, not based on usage. The Set-up Fee is a one-time nonrefundable charge to create your Account.
All recurring plan subscriptions are automatically invoiced and charged to the Payment Instrument on file.
Invoice and payment receipts are available to customers upon request or through our Billing Department. You can reach the Billing Department by calling 619-625-3033 or emailing firstname.lastname@example.org or email@example.com
All Payment Instruments are not automatically re-charged on your specific billing cycle date. You can renew at your discretion and Top Agent Connection Inc may choose not to offer a membership renewal. Customer billing periods typically begin on the day of the month in which your Account was activated (“Billing Date”). If the Payment Instrument is declined on the Billing Date, the Account is disabled. Top Agent Connection will attempt to charge the Payment Instrument on file for no more than ten (10) calendar days.
All Accounts more than ten (10) calendar days past due may be assessed a late fee, in Top Agent Connection’s sole discretion. No more than three (3) attempts to contact the customer will be made before any late fee is assessed.
Any Account that is past due will be disabled until balances are paid in full. When disabled, all access will be suspended and data will be unavailable.
After an Account is delinquent for thirty (30) calendar days, it will be cancelled due to non-payment. Once cancelled, you will not be able to recover any files until the Account is current. Application data will be stored for 90 days post cancellation. After that, application data will not be available. Further, the Account record and delinquent balance will be submitted to a third-party collection service.
Additional Fees, Penalties, Fines or Other Charges
Top Agent Connection may, at its sole discretion, charge a $15.00 late fee for Membership Accounts that are thirty (30) days or more past due.
If a customer initiates a chargeback, Referrals or Top Agent Connection may, in its sole discretion, charge a 50% fine of the disputed amount.
In the event an Account is submitted to a third-party collections service, a $15.00 processing fee may be assessed to the existing Account balance. This fee is in addition to any other fees previously assessed on the Account.
Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: (i) one and one-half percent (1.5%) per month; or (ii) the maximum interest rate allowed by applicable law.
You may not cancel the Services during the initial paid for plan subscription period. Cancellations must be done within 48 hours after payment in order to be eligible for a refund. Cancellations made at the end of the plan subscription period or thereafter, must be submitted in writing to firstname.lastname@example.org and confirmed in writing by an Top Agent Connection representative. Email cancellation requests, alone, do not constitute acceptance of any cancellation. The cancellation is not complete until you receive a writing from the Top Agent Connection representative confirming cancellation. Customers are encouraged to keep records of all cancellation communication. Cancellations will take effect on the last day of the billing period in which the cancellation request was received.
Closing an Account with Top Agent Connection cannot be done by simply canceling the Payment Instrument. Top Agent Connection will continue to treat this as an open Account and the billing cycle will continue, resulting in a past due Account that may be turned over to a third-party collection service. It is imperative that Account cancellation is done through an Top Agent Connection representative to ensure Account closure.
Cancellation of an Account does not dismiss outstanding invoices. At the time of cancellation, any outstanding balance must be settled. All cancelled Accounts with an outstanding balance may be automatically turned over to a third-party collection service.
Billing Disputes Resolution
You agree to provide Top Agent Connection thirty (30) if days to attempt settlement of any billing dispute before disputing with any third-party Payment Instrument company or bank. Top Agent Connection must be the first option in billing disputes. Should Top Agent Connection receive a chargeback from a third-party Payment Instrument company or bank on the customer’s behalf before Top Agent Connection has been given a chance to resolve the issue, Top Agent Connection has the right to collect on the rendered services and any fees associated with those disputes. Regardless of the outcome of the chargeback, Top Agent Connection retains the right to collect on any rendered services or fees that are due. Top Agent Connection will submit any disputed amounts to a collection agency. Once a chargeback has been received, Top Agent Connection will immediately suspend the Account, Profile, Features and Access until the matter is resolved.
Top Agent Connection goes to work for you right away. When you begin we invest in advertising, development, websites, and systems that are paid for and covered by your membership sign up fees. For this reason, we cannot refund after 48 hours. Memberships and subscriptions give access to CRM systems, Profile(s) on our websites and eligibility for leads that come from our systems and advertising. These systems and services are billed to and paid for by Top Agent Connection when a Member signs up. We invest in advertising and systems based on membership sign ups or anticipated sign ups. We allow refunds within 48 hrs on Paid Accounts, Paid Features, Profiles, Leads, Services or any other product or service offered by Top Agent Connection or affiliated companies, websites and services. For Paid Services, Accounts and Featured memberships with a subscription, pre-paid , yearly or monthly membership subscriptions, you must send us an email to email@example.com with your request no later than 48 hours after your subscription was re-initiated automatically, if you wish to receive a refund.