TradeAddressesTM Membership Agreement

Please READ THIS AGREEMENT VERY CAREFULLY. It is a legal agreement and describes the responsibilities and obligations that come with membership to TradeAddresses. By completing the application for membership, you agree to the terms and conditions as described herein.

The submission of information, and use of, the real estate information available through the TradeAddresses web site, which is located at http://www.TradeAddresses.com, is subject to the following terms and conditions. TradeAddresses is a listing website which specializes in real estate listings and marketing.

These Terms and Conditions are a legal agreement between you and TradeAddresses, Inc. You also agree to the TradeAddresses Listing Policy & Guidelines and Privacy Policy, both of which are available through a link at the bottom of this page.

Parties

The parties to this agreement are:

Please check mark all that applies:

 Agent Member - A Licensed Real Estate Agent and/or Broker or Real Estate Agency

 Owner Member - A Property Owner

 Executive Suite Member - An owner or operator of an Executive Suite business

 Vacation Rental Member – Vacation Rental Owners and Operators

TradeAddresses - The Listing and Referral Network

Members Responsibilities

As a member of TradeAddresses you agree to the following:

  1. Respond immediately to requests for information received via the TradeAddresses referral System.
  2. Respond immediately to requests to update the status of a TradeAddresses referral. Any referrals not updated for more than 60 days will suspend the member from receiving future referrals until updated.
  3. Agree to promptly report and pay referral fees as outlined below for any commissions or fees earned as a result of referrals obtained through TradeAddresses.
  4. Treat all information obtained in the Member's area as private and confidential.
  5. Protect your member ID and password from unauthorized use.
  6. Not copy or duplicate any of the TradeAddresses code, content or graphics without prior written or electronic consent.
  7. Only submit property descriptions, photographs, financial, contact or other information to TradeAddresses in which you have received all necessary rights and authorizations to do so.
  8. Defend, indemnify and hold harmless TradeAddresses, its principals and its agents from any loss, damage, expense (including costs of suit and reasonable attorney's fees), recovery or judgment relating to or arising from TradeAddresses' publication of Information provided by you or your contractors, employees or agents.
  9. Promptly provide the TradeAddresses with any contact or billing information changes or updates via your online account with TradeAddresses.
  10. Promptly update, renew or modify your listing information on the TradeAddresses website at least every 30 days or sooner, if appropriate. Any listings not updated for more than 60 days will be suspended.
  11. Grant TradeAddresses permission to communicate with Member via email or other means such as phone and fax for any purposes TradeAddresses determines to be relevant. Member will also make their best effort to ensure that email messages from TradeAddresses will be received by ensuring that they are listed on any "Friends" lists.

Referral Fees

TradeAddresses is a listing and referral network. There is no cost for the basic membership. Membership fees are due only in the event a lead, referral or information obtained through TradeAddresses results in commissions or fees generated through the network or its members. When a TradeAddresses generated transaction closes and a fee is paid to the member, the following fees will be paid to TradeAddresses:

Agent Member: A total referral fee of 20% of the gross commissions or fees shall be paid by any TradeAddresses Agent Member or member's affiliate who closes a transaction in which the referral was provided either directly or indirectly through TradeAddresses or a TradeAddresses affiliate member.

Owner Member: A total referral fee of 2% of the gross value of a lease or sale shall be paid by any TradeAddresses Owner Member or member's affiliate who closes a transaction in which the referral was provided either directly or indirectly through TradeAddresses or a TradeAddresses affiliate member.

Executive Suite Member: A referral fee of ten (10%) percent of the initial term of the Space Agreement rental amount with respect to each Referral Customer, whether paid to member all at once or in partial payments. During that time period, any additional RENTAL income that Member may receive from an TradeAddresses Referral Customer of any renewal, expansion, purchase or other types of options shall be included in the foregoing calculation of TradeAddresses' referral fee. In addition to the foregoing, any other rental income that Member receives on behalf of such TradeAddresses Referral Customer for a period of twelve (12) months from the date of occupancy shall be subject to all the terms and conditions of this Agreement.

Vacation Rental Member: A referral fee of ten (10%) percent of the gross rental amount shall be paid by any TradeAddresses Vacation Rental Member or member's affiliate who closes a transaction in which the referral was provided either directly or indirectly through TradeAddresses or a TradeAddresses affiliate member.

In the event more than one transaction is completed from a referral, referral fees shall be due for all closed transactions in which the member or member's affiliate received a fee as described above.

Records and Accounting

Member shall include a copy of the terms sheet, commission breakdown and any commission agreement with the payment of referral fees to TradeAddresses.

Member shall maintain complete and accurate records for all transactions that are the subject of this Agreement for not less than one (1) year after the last payment is due TradeAddresses under this Agreement.

Member shall promptly reimburse and indemnify TradeAddresses for any fees and expenses, including but not limited to legal fees, court costs and travel expenses, incurred by TradeAddresses in the event it undertakes any action to collect referral fees due but unpaid by Member under this Agreement.

Use of the Information and Data

TradeAddresses grants a limited, nonexclusive, nontransferable right and license to use the data, agreements and information available through this web site (the "Database") to its members. You may not copy, redistribute, broadcast, transfer, rent, lease, sub-license, display, modify, or timeshare all or any portion of the Database or any other content from the TradeAddresses web site. You may not use the Database or content from the TradeAddresses web site for any other commercial purposes or make the Database available through any other web site. You may not modify or replicate the Database or create derivative works based on the Database or other content from the TradeAddresses website. You shall take all reasonable steps necessary to protect the Database and content from unauthorized access, copying, or use.

Ownership of the Database and the TradeAddresses web site shall be retained by TradeAddresses. The text and layout of the TradeAddresses web site are protected by domestic and international copyright law. TradeAddresses reserves all rights not expressly licensed hereunder.

"TradeAddresses" is a registered trademark of TradeAddresses, Inc. TradeAddresses' trademarks may not be used for any purpose without the prior written permission of TradeAddresses.

Limitations of Liability and Disclaimer

While TradeAddresses and its employees, contractors and members employ due care and attention in obtaining and maintain the Database, as defined above, you acknowledge that any collection and compilation of data entails the likelihood of some human and machine errors, omissions, delays, interruptions, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage. You shall be solely responsible for verifying all information presented through the Database including all square footage and financial calculations.

THE DATABASE AND ANY OTHER TRADEADDRESSES CONTENT OR SERVICES ARE PROVIDED "AS IS"; TRADEADDRESSES MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THEIR ACCURACY, COMPLETENESS, OR CURRENTNESS; AND TRADEADDRESSES SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TRADEADDRESSES SHALL NOT BE LIABLE ON ACCOUNT OF ANY SUCH ERRORS, OMISSIONS, DELAYS OR LOSSES UNLESS CAUSED BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT WILL TRADEADDRESSES BE LIABLE FOR THE RESULTS OF YOUR USE OF THE DATABASE, YOUR INABILITY OR FAILURE TO CONDUCT YOUR BUSINESS, OR FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. IN ADDITION, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF TRADEADDRESSES FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT AND SERVICES PERFORMED HEREUNDER, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO TRADEADDRESSES DURING THE PRECEDING TWELVE (12) MONTH PERIOD EVEN IF TRADEADDRESSES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

Membership Termination

Membership in TradeAddresses, including access to the Database, may be cancelled immediately by either party upon written or electronic notice at their sole discretion. The member's obligation to pay referral fees, as outlined above, for any and all TradeAddresses referrals that result in commissions or fees shall continue despite membership termination.

Arbitration

In the event any dispute arises related to referral fees, such disputes shall be resolved by arbitration. The arbitration shall follow the guidelines of the American Arbitration Association.

Real Estate Licensing

TradeAddresses has no responsibility and makes no representation or warranty concerning the right of a member to conduct real estate services and collect a commission in a state where that member is not a real estate broker licensed in the State or a real estate salesperson supervised by such a broker. Each member is solely responsible for verifying that it has complied with all requirements of the Brokerage Statutes.

Jurisdiction

The laws of the state of California, without regard to its conflict of law's provisions, shall govern this Membership Agreement and any use by you of the Database and any other TradeAddresses services. The venue and jurisdiction for any dispute between you and TradeAddresses shall be the state and federal courts of San Francisco County, California, USA. In any suit, proceeding or action to enforce this Agreement or otherwise related to this Agreement (including related to any infringement of TradeAddresses intellectual property rights to the Database, web site, or other materials), the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs and expenses in connection with such suit, proceeding or action. This Membership Agreement may not be modified except by a writing signed by an authorized representative of TradeAddresses. No use of trade or other regular practice or method of dealing shall be used to modify, interpret, supplement or alter in any manner the terms of this Membership Agreement. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone else without TradeAddresses' prior written consent.

READ THE TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE CONTINUING PAST THIS PAGE. THE DATABASE AVAILABLE THROUGH THIS WEB SITE IS COPYRIGHTED AND LICENSED. IT IS NOT PART OF THE PUBLIC DOMAIN. BY CONTINUING PAST THIS INTRODUCTORY PAGE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THE MEMBERSHIP AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THE MEMBERSHIP AGREEMENT, DO NOT CONTINUE BEYOND THIS INTRODUCTORY PAGE.

 I agree to the above terms and conditions to membership in the TradeAddresses Network and would like to complete an application.

 

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