CASHBACKBIDS.COM
AGENT’S AGREEMENT TO PARTICIPATE
CashbackBids.com (“CashbackBids” or “Site”) provides an-online venue and mechanism for Sellers and Buyers to conduct auctions for discount real estate listing commission and cashback and offers the ability for real estate agents to submit bids for such auctions.
This CashbackBids Agent’s Agreement to Participate ("Agreement") is entered into by and between InnoTech LLC, a Wyoming partnership, dba CashbackBids.com ("CashbackBids") and you, the licensed real estate salesperson or broker ("Agent", "you"). This is a legal contract between you (the Agent) and CashbackBids.
For purposes of this Agreement,
- “Buyer” is an individual seeking Cashback on a purchase of real property in the U.S.
- “Seller” is an individual seeking discount on real estate listing commission on a sale of his or her real property in the U.S.
- Buyer and Seller collectively referred to as “Customer(s)”.
- “Us”, “We” refers to CashbackBids.com
- “Agent” is a real estate salesperson or broker with a current and valid license in his or her State.
- “Cashback” is the amount of money rebated back to the Buyer by an Agent at or after closing.
- “Cashback Auction” is an auction created by the Buyer seeking Cashback bids from Agents.
- “Listing Commission Auction” is an auction created by the Seller seeking bids on discount real estate listing commission from Agents.
- “Listing Commission Discount” is the discount offered by the Agent to the Customer for the sale of Customer’s real property.
WHEREAS, CashbackBids is located at 1617 N. Main Street, Suite B, Sheridan, WY 82801;
WHEREAS, Agent has selected CashbackBids to provide an on-line platform and mechanism for accessing and managing bids for real estate commission and cashback auctions.
WHEREAS, Agent agrees to be bound by CashbackBids' Terms of Use;
WHEREAS, the effective date of this Agreement is today's date (date accepted online);
WHEREAS, CashbackBids acts neither as a real estate broker nor a real estate salesperson as defined by the division of Business and Professional Code specific to Real Estate Law. CashbackBids does not broker transactions and is not responsible for selling, purchasing, exchanging, renting or leasing property.
NOW THEREFORE, Agent agrees as follows:
By accessing and using the Site, you agree to the terms and conditions outlined in this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, the services provided by the Site, and the subject matter of this Agreement.
By creating an account with CashbackBids, you represent the following:
- You are a real estate salesperson or broker with a current and valid license.
- You have the appropriate licenses for all services offered to Customers.
- You are of legal age and are otherwise capable of forming a legally binding contract.
- All information provided to Customers about Agent is Agent's responsibility. You acknowledge that you, and not CashbackBids, are offering Agent's services.
- Agent will provide customers with all information and notices legally required.
- Promotion and distribution of Agent's products/services does not violate any applicable laws or regulations.
CashbackBids is to provide Agent with an on-line venue (the Site) and mechanism for participating and bidding on Cashback and Listing Commission Auctions created by Buyers and Sellers.
Upon Customer’s acceptance of Agent’s bid, CashbackBids is to provide Agent with Customer’s contact information, including name, address, phone number and email address.
Upon Customer’s acceptance of Agent’s bid, Agent agrees to provide the Customer with the service(s) and Cashback percentage and/or Listing Commission Discount specified in Agen’t bid.
It shall be Agent’s sole responsibility to execute a written representation agreement with the Customer who accepted Agent’s bid in accordance with applicable laws and regulations following the completion of the Auction.
It shall be the responsibility of Agent to ensure that giving Cashback to the Buyer is in compliance with the Agent’s state laws and regulations.
Payment Terms
Agent agrees to pay an Advertising Fee whenever Agent handles a purchase for a Buyer or handles the sale of Seller’s property, regardless of whether there have been any prior contacts or referral with the Buyer or Seller.
The Advertising Fee is payable whenever a Customer accepts Agent’s bid utilizing the Site and 1) the Agent subsequently handles the sale of any property for the Seller (for the first property sale related to that Customer), 2) Agent subsequently handles the purchase of any property for the Buyer (for the first property purchase related to that Customer). The Advertising Fee will be waived for all settled transactions with property purchase or sale price up to $100,000. For all other transactions, the Advertising Fee will be payable at a rate of $125 per $100,000 in property value (e.g. for a property sold for $200,000 the advertising fee would be $250).
In the event of a change in the applicable Advertising Fee, CashbackBids will accept the original Advertising Fee for any transaction(s) where we are notified of such transaction(s) and where we receive a notification of a transaction dated prior to notification of the change in fee.
Agent who registers with CashbackBids agrees to ensure that CashbackBids is paid the Advertising Fee payable to Virginia Advantage Realty, Inc., a real estate broker licensed in the state of Virginia, within fourteen (14) calendar days from the date of closing of sale or purchase via wire transfer, credit card, or money order. Agent further agrees that CashbackBids may audit any books and/or records applicable to the status of the real estate transaction involving a dispute.
The Payment Terms shall survive termination of Agreement.
Privacy Policy
At CashbackBids.com, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit the Site, and how we safeguard your information. We never sell your personal information to third parties.
Log Files
As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as Comcast or Verizon), the browser you used to visit our Site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.
Cookies and Web Beacons
We do use cookies to store information, such as your personal preferences when you visit our Site. This could include only showing you a popup once in your visit, or the ability to login to some of the Site’s features, such as your account.
You can choose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into your account.
Disclaimer of Warranties
CashbackBids makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content (including the information provided by the Buyers and Sellers). CashbackBids expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Site, the service, the content, and any service furnished or to be furnished via the Site. CashbackBids does not warrant that the functions performed by the Site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. CashbackBids does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.
Limitation of Liability
In no event will CashbackBids be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site, the service, or the content, even if CashbackBids has been advised of the possibility of such damages. If you are dissatisfied with the site, the service, the content, or with the terms of use, your sole and exclusive remedy is to discontinue using the site.
Indemnification
Agent agrees to indemnify, defend and hold harmless CashbackBids, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the service, or the content, or any violation by you of this Agreement.
Equal Housing Opportunity
Use of CashbackBids services is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." State or local jurisdiction may impose additional requirements.
Termination of Agreement
Either party may terminate this Agreement upon written notice of cancellation. Except as indicated herein, all rights and obligations of the parties shall cease upon termination of this Agreement.
Governing Law
This Agreement shall be governed by and construed under the laws of the State of Wyoming, without regard to conflict of law rules.