Terms of Service

2X Referrals, LLC (“2X Referrals”, “us”, “our” or “we”) offers products and services to real estate professionals (“you,” “your” or the “Agent”), conditioned on your acceptance without alteration of the terms, conditions and notices contained in these Terms of Use. If you are using our services on behalf of an organization, you agree to these terms for that organization and you represent and warrant that you have the authority to bind that organization to these terms (in which case, “you”, “your” and “Agent” will refer to that organization).

 

These Terms of Use establish the complete agreement between you and 2X Referrals, LLC, govern your use of our services, and supersede any and all prior agreements, written or oral, between you and us. In the event of a conflict between you and 2X Referrals, these Terms of Use shall regulate.  These terms are also a legal agreement between you and us that govern the use of our services. By using our services, you are agreeing to these terms.

 

As a condition of your use of our website and services, you hereby agree that you will not use our website or our services for any purpose that is unlawful or contrary to these Terms of Use. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with this website or 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.

 

2X Referrals Services

 

2X Referrals connects home buyers and sellers (“Customer”, “Customers”, “Lead” or “Leads”) to real estate professionals. We offer the following services to real estate professionals:

 

  • 2x Referrals agrees to provide real estate professionals with referral services within the real estate professional’s territory, as determined and defined solely by 2X Referrals. These services shall include providing referral contact information for customers seeking real estate services. Customers referred shall be limited to those corresponding to the territory assigned to you.  In its sole discretion, territories are assigned by 2X Referrals and may change with or without notice. In the event that you receive a referral from 2X Referrals that results in a completed transaction, you agree to pay 2X Referrals a portion of your commission as defined in the Payments and Compensation section.

 

Payments and Compensation

 

Application Fee

By choosing to use the services of 2X Referrals, the agent agrees to pay a one-time fee unless the Application Fee has been waived by us. This fee includes all associated taxes and can be paid via check, credit card, debit card or wire transfer. 2X Referrals reserves the right to change the fee at any time. 2X Referrals will not process, store or transmit your card information data.

 

Referral Fee

In the event that an Agent completes a transaction with a referred customer during the term of this agreement, the Agent will pay 2X Referrals a fee of up to twenty five percent (25%) of the gross commission earned in any and all closing(s) of referred customer business. For a purchase price of $100,000 or less, the referral fee is fifteen percent (15%). For a purchase price of $100,001 to $150,000, the referral fee is twenty percent (20%). For a purchase price of $150,001 or more, the referral fee is twenty five percent (25%). This provision shall survive the termination hereof and the Agent shall be required to pay the foregoing fee for the closure of any referred customer purchase or sale of real estate after termination of this Agreement.  “Transaction” as used herein shall mean any purchase, sale, or lease of any real property in which the Agent, or Agent’s brokerage firm, receives any remuneration from a referred client.  All fees are due within fourteen (14) days after the close of a transaction.

 

Standards, Responsibilities and Representations

 

Under the terms of this agreement, the Agent agrees to provide high quality customer service to all referred customers. The Agent will meet industry standards or skill and care and will comply with all applicable regulations. Accordingly, the Agent agrees to the following:

 

  • Make a reasonable attempt to establish contact with the referred customer within twenty-four (24) business hours of receiving the customer’s information.

  • The Agent shall not decline services because of asset size or classification requirements set by the Agent, Agent’s brokerage firm or affiliates.

  • Fulfill all legal requirements of licensure and registration with all governing authorities, including any necessary and appropriate continuing education.

  • Use the best efforts to ensure confidentiality and protection of customer personal data and to ensure that customer data is used only in accordance with customer’s consent. Customer information shall only be shared as reasonably necessary in connection with closing a real estate transaction.

 

By using or registering with our services, all Agents agree that they permit and represent the following:

 

  • Any information submitted by the Agent is true and the Agent will promptly update 2X Referrals and customers of any changes in the information provided to either party.

  • The Agent is good standing with all state and federal governing agencies to conduct the real estate business considered herein.

  • The Agent agrees to maintain, in good standing, all obligatory licenses and additional credentials throughout the term of this agreement and agrees to comply with applicable licensure, disclosure and registration requirements of any entity governing the Agent’s profession. 

  • The Agent shall comply with all applicable state or federal laws including, but not limited to, the Truth in Lending Act and the Real Estate Settlement Procedures Act.

  • 2X Referrals reserves the right to terminate the business relationship with the Agent at our Sole discretion and for any reason.

  • The Agent will not represent themselves as a prospective buyer or seller under any circumstances.

  • The Agent will make the best effort to assist 2x Referrals in the collection of fees due upon a completed transaction that results from our services.

  • A customer is any person that we introduce to the Agent via email, fax or any other method of communication.

  • The Agent will not contact or identify a customer using the information provided by us without first agreeing to the terms of this agreement.

  • The Agent will not resell or redistribute any referral information sent by 2X Referrals.

  • The Agent acknowledges that this Agreement shall not constitute an endorsement of the Agent’s real estate business by 2X Referrals. The Agent will not use 2X Referrals’ images, branding or other materials in any form for promoting or marketing the Agent’s business.

  • Any fraudulent use of our services may subject you to liability.

 

 

 

Confidentiality

The Agent agrees that any confidential, proprietary and non-public information shared by 2X Referrals shall be used only under the terms of this agreement. The Agree agrees not to disclose the information to third parties without the written consent of 2X Referrals. The Agent agrees to not reverse engineer or copy any confidential or proprietary information shared by 2X Referrals and shall retain confidential information in confidence. Confidential information shall include vendor lists, agent lists, developing products, customers lists and details, business plans, computer programs, marketing data, 2x Referral internal reports and any other non-public information communicated in writing, orally or electronically. All confidential information has remain the sole property of 2X Referrals.

 

Notices and modification of terms

Notices, demands or communications from 2X Referrals may be provided by email, U.S. Mail, tracked delivery service or via postings on our website. 2X Referrals reserves the right to terminate, suspend or modify our services at any time in addition to your use or access to our services. 2X Referrals will not be liable to you or any third party in the event of any termination, suspension or modification of our services. The terms of this agreement and any exhibits cancel and supersede any prior agreement whether oral or written between the parties hereto and with respect hereof. Addendums, modifications, or supplements of this agreement shall not be binding unless set forth in writing and signed by both parties hereto.

 

Assignment

The terms of this agreement may not be signed or transferred by the Agent without the prior written consent of 2X Referrals. This agreement shall be binding upon and shall insure to the benefit of each party’s successors, heirs, and permitted assigns.

 

Publicity or License

 

The Agent shall not make a public statement, press release or marketing material that uses the 2X Referral name, brand, likeness or any associated marks without our prior written consent. Our intellectual property will not be licensed or transferred to the Agent for use in any form.

 

Terms and Termination

 

The term of this agreement shall be one year from the date hereof and will automatically renew for consecutive one year terms unless either party provides the other a minimum of 30 days’ written notice.  Either party may terminate this Agreement, with or without cause, by providing a minimum of 30 days’ written notice to the other party. 2X Referrals shall be permitted to receive the referral fee as set forth in the Payment and Compensation section for transactions which were completed prior to the termination of these terms and for transactions which were initiated prior to terminations of these terms but were completed after the termination of these terms. The termination of these terms does not terminate the Agent’s responsibilities to pay a referral fee to 2X Referrals for transactions initiated under this agreement.

 

Notwithstanding anything to the contrary in this Agreement, 2X Referrals reserves the right to immediately terminate this agreement without notice if 2x Referrals believes that the Agent has committed a criminal offence or fraud, has made public statements or has engaged in engaged in business practices which could damage the reputation and integrity of 2X Referrals. 

 

Indemnity

 

The Agent agrees to indemnify and hold 2X Referrals harmless of all damages, liabilities and expenses and losses which resulting from (i) any breach of any warranty, covenant or other agreement of the Agent identified in this Agreement; (ii) any and all threats, suits, claims, or actions resulting from the Agent’s breach of any third-party agreements or violations of third-party rights (other than claims of infringement with respect to the limited license granted to the Agent by 2X Referrals under this Agreement); (iii) any and all threats, suits, claims, resulting from any omission, representation, statement or act to any third-party by the Agent, and (iv) any violation by the Agent of any regulation, statute, or any other law, including the Agent’s participation in the 2X Referral network. The Agent’s indemnification obligations shall include all attorney’s fees and expenses paid or incurred by 2X Referrals.

 

2X Referrals shall give written notice to the Agent, who shall control and assume the defense of 2X Referrals claim with counsel of the Agent’s choice and at the Agent’s expense. 2X Referrals shall cooperate in the defense in all reasonable respects at the Agent’s sole cost and expense. 2X Referrals shall be entitled to retain its own counsel at 2X Referrals own expense to participate in the defense of the claim in an advisory capacity.

 

Partnership and Relationship

 

The terms of this agreement do not create a joint venture of partnership between 2X Referrals and the Agent.  Neither 2X Referrals or the Agent shall be the nominee or representative of the other party. 2x Referrals and the Agent agree to perform the duties and responsibilities of this agreement on an independent basis.

 

 

Exclusivity

 

This terms of this agreement does not create an exclusive obligation on the part of 2X Referrals. 2X Referrals retains the right to provide the same services to the Agent’s competitors within the same territory and across the nation. 

 

 

Severability

 

If this agreement contains any provision that is in violation of or inconsistent with of any federal or state statutes, or any rule or regulation of the federal government or any state or its agencies having jurisdiction of the matter, the parties agree that the invalidity or unenforceability of any such provision shall not impair or affect the enforceability or validity of any other provision. This agreement shall continue as though the contrary provision were removed from this agreement. For any ambiguities in the agreement, the most reasonable interpretation shall be applied with consideration to the intentions of the parties at the time of entering the contract.

 

Waiver

 

Any forbearance by either party to this agreement in exercising any right or remedy under this Agreement or otherwise afforded by applicable law shall not be a waiver or preclude the exercise of that or any other right or remedy.

 

 

Third Parties: 

 

The terms of this agreement do not confer nor create any rights in or for third parties.

 

 

Counterparts 

 

This agreement may be executed in counterparts, each of which shall be considered to be an original, but all of which shall be considered to be one instrument.  Each party may execute a separate counterpart, and this agreement will be effective when both parties have executed at least one such counterpart and delivered it to the other party.

 

Warranties

 

Each party warrants and represents that it has the power, authority and right to enter into the terms of the agreement and fulfill the duties and obligations hereunder. Each party agrees that the performance of these duties and obligations will not breach or conflict with any other agreement of such party or any order, judgement or decree which bounds such party.

 

2X Referrals does not make any warranties with respect to any services, products or these terms and expressly disclaims all other warranties, implied, expressed or statutory, including the warranties of merchantability, non-infringement, or fitness for a specific purpose.

 

The Agent will assume all risks concerning the accuracy and suitability of the information provided by 2X Referrals or any other agent, which may contain typographical errors or omissions, technical inaccuracies and all risks associated with representing a customer. 2XReferrals assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions or activities,

 

Taxes

 

It is the sole responsibility of the Agent to report all income received by using our services. The Agent is solely responsible for all taxes, withholdings and other applicable statutory obligations including, but not limited to, any self-employment tax and workers’ compensation insurance.