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Extreme Success Group and Sell Your House in 7 Days,
LLC Affiliate Licensing Agreement
This Internet URL Affiliate Licensing Agreement (the “Agreement”) is
entered into the day membership become active between (“Licensee”) and
SellYourHouseIn7Days.com, LLC. (“Owner”) and governs the terms and
conditions of the Licensee use of Owner’s Website, URL address, and
marketing materials (as defined herein) together with certain ancillary
services.
Section I -Definitions
" Licensee shall have the meaning as set forth in the first paragraph of
this agreement.
" Owner shall have the meaning as set forth in the first paragraph of
this agreement.
" Website shall mean the Owner's Internet Websites now know as
www.SellYourHouse
In7Days.com and www.EasyHomeSource.com and other real estate related
sites plus future web
sites, plus all domains that are pointed to same.
" Customers shall mean any persons who accesses the Website and seeks
information regarding its
services.
" Designated Territory shall mean that geographic area encompassed by
specific boundaries
specified by Licensees selected counties.
Section II - Obligations of Owner
2.1 WebSite, Owner will exercise Owner's reasonable best efforts to
maintain the functionality, accuracy, and accessibility of the Website(s),
subject to normal down time in the ordinary course of business for
maintenance, repair, or upgrade, provided however that no assurance is
given that the Website will be available due to acts of God, failure of
third party service providers, or other means, actions, or
circumstances, outside the control of the Owner. The website(s) content
and features can and will be changed and improved over time. The main
focus of the SellYourHouseIn7Days.com website will be to help educate
home sellers about the benefits of selling their home to Licensees. The
main purpose of the EasyHomeSource.com web site is to have one place
where potential buyers or renters can see properties listed by
Licensees.
2.2 Newsgroup Support, Owner shall provide to Licensee a private
newsgroup for use of all Licensee's only. The newsgroup will be used for
discussing real estate related topics, including marketing. All
licensees are encouraged to share ideas and deals on the newsgroup. The
following is not permitted on the newsgroup: Profanity, Untrue
defamatory statements, Obscenities, Name calling and personal attacks,
and Posts not related to real estate investing.
2.3 Obligation Regarding Customer, Should Owner receive, absent a
referral by Licensee, an inquiry from the Designated territory regarding
the services offered through the Website, Owner shall use Owner's
reasonable best efforts to refer such inquiry to the Licensee within 24
hours.
2.4 Additional Duties, In addition to the foregoing obligations, Owner
shall (a) provide auto-responders and/or form-mail routines that will
inform Licensee of a request for information and acknowledge receipt of
such request to a customer, (b) host on-line "chat" sessions and/or
teleconferences at such times as Licensee and Owner may reasonably
agree.
2.5 Marketing Duties, Continual efforts will be made on the part of
Owner to keep the website listed on the major search engines with a
combination of search results, pay per click, and banner ads for
keywords appropriate for homeowners interested in selling to investors.
It is understood by all parties that these efforts will continue so long
as SellYourHouseIn7Days.com deems it to be a cost effective method of
advertising.
Section III - Obligations of Licensee
3.1 Promotion, Licensee agrees to promote the Website(s) through print
and media advertising in order to provide the maximum exposure for the
Website in the Designated territory.
3.2 Professionalism and Ethics, Licensee shall use the highest level of
professionalism and ethics in all transactions with customers. Licensee
must indicate that Licensee's office is independently owned and operated
in any advertising media Licensee shall provide, upon request of Owner
copies of all print and other media advertising used in connection with
this Agreement. Licensee is solely responsible for obtaining all state
and local licenses as may be required to accomplish the business purpose
of this Agreement and perform any obligations created with the Customer.
3.3 Duty to Refer, should Licensee receive an inquiry from a Customer
seeking services outside of their Designated Territory, then Licensee
shall refer such Customer to Owner or appropriate affiliate within 24
hours of receiving such inquiry.
3.4 Licensee is strictly forbidden from doing marketing on another
affiliates territory. And leads which are generated outside your
designated area, regardless of how they were generated, need to be
referred immediately to the affiliate in that area or referred to the
Owner so they can be properly distributed.
3.5 Confidentiality Non-compete Licensee agrees to keep all marketing
materials, business strategies, and other information received from
Owner and other Licensees strictly confidential. Upon termination of
this Agreement, Licensee shall cease use of all marketing materials and
promptly return any materials provided by Owner to Licensee pursuant to
Agreement. In addition, Licensee agrees to keep all information,
marketing strategies, client lists, methods of operation, Website
design, and other information gained during the term of this agreement
strictly confidential (herein the "Confidential Information"). Upon
termination of this Agreement, Licensee agrees not to offer or attempt
to offer for a period of three years services substantially similar to
those provided by Owner. Licensee shall not solicit or otherwise promote
or recruit any other Licensee of Owner to terminate or alter such
Licensee's relationship with Owner. Any alleged violation of this
Section shall be subject to the terms and conditions of Section 5.4
herein.
3.6 Additional Duties of Licensee, Licensee shall (a) not utilize "bulk"
e-mail or communication commonly referred to as SPAM, relating to or
advertising the Website; (b) not market or advertise other products or
services to leads acquired through Owners web sites.
Section IV - Terms of License
4.1 General Terms of License, Licensee shall pay Owners the sum of
$495.00 for a one time
NON-REFUNDABLE set up fee for their account, plus a monthly fee of $195
for your designated territory. Your designated counties are listed on
the SIGN UP form.
4.2 Monthly payment for this Licensee account is due in advance of
services rendered on the same day of the month in which the subscription
began. SellYourHouseIn7Days.com billing cycle begins three days prior to
the due date. Payment must be received by SellYourHouseIn7Days.com no
later than
five days after the due date to avoid late payment penalties of twenty
five dollars plus ten percent of the monthly subscription fee and
possible account suspension. It is the responsibility of the Licensee to
ensure
their billing information on file with SellYourHouseIn7Days.com is
always current. You may submit updates to your billing information at
www.SellYourHousein7Days.com/ccupdate
4.3 Accounts continue to incur subscription fees until formally
terminated by Licensee or SellYourHouseIn7Days.com. Failure by Licensees
to make timely payment, as specified in this contract, authorizes
SellYourHouseIn7Days.com, immediately and without a requirement of
further additional notice to Licensee, to deny access to Licensee's
account until full payment by Licensee has been made to
SellYourHouseIn7Days.com. Such suspension of account access privileges
for failed payment by the
Licensee does not indicate a termination or cancellation of this
contract, nor does it relieve Licensee of his/her obligation of
continued payment prior to contract termination or cancellation. Should
Licensee fail to make payment as specified in this contract, Licensee
further agrees to reimburse SellYourHouseIn7Days.com for any expenses
related to the collection of payments from Licensee, plus reasonable
interest. These expenses may include but are not limited to reconnection
fees, court costs,
legal fees, and outside collection agency charges.
4.4 Any change in the License fee will require a 30-day written notice
from Owner. Email notification is sufficient as written notice.
4.5 Termination of License: This Agreement may be terminated (a) by
written notice of Licensee, (b) by owner, if Licensee violates, in
Owner's sole reasonable discretion, any of this Agreement, or (c) if
Licensee dues are not current. In no event upon termination of this
Agreement shall Licensee be entitled to a refund (pro rata or otherwise)
of the License Fee. Termination of Licensee must be made 30 days prior
to the next billing cycle. Notices for cancellation must be sent to 4430
Lavon Drive, #374-129, Garland, Texas 75040 via certified mail/return
receipt or by fax to 214-764-0163.
4.6 Access to Licensee's web account by third parties ( including family
members), not specifically listed in this contract, is strictly
forbidden without express, written permission by
SellYourHouseIn7Days.com.
SellYourHouseIn7Days.com is not responsible in any manner for servicing
the Licensee's computer (hardware or software), telephone line, system
configuration, technical support, or teaching the licensee how to
operate their own computer or email system. Although we will attempt by
our best means to assist Licensee, sole responsibility for these items
lies with the Licensee and the respective manufacturer.
4.7 SellYourHouseIn7Days.com agrees to limit Licensee to one company or
individual per 1,000,000 people in each market, but reserves the right
to define each market based upon criteria such as geographic area or
population. Should an overlap of markets occur, SellYourHouseIn7Days.com
reserves the right to arbitrate an equitable solution. In all cases the
rights of the Licensee with tenure shall have overriding seniority.
4.8 The Licensee specifically agrees and understands that
SellYourHouseIn7Days.com does not guarantee leads and that a
SellYourHouseIn7Days.com subscription should be an integral part of an
ongoing marketing plan for best results.
4.9 SellYourHouseIn7Days.com is a web-content publishing entity and as
such may not be held liable for the conduct or business dealings of it's
Licensees.
4.10 SellYourHouseIn7Days.com is not a franchise. Licensees lease, and
do not own, the name SellYourHouseIn7Days.com and the other domains
available through this licensee agreement.
4.11 Restrictions on Use of License, Licensee is permitted to use the
URL for the Website in print and other media advertising of any type
excluding, however, use of the URL for the Website in connection with
any other Internet Website or URL address without the written consent of
the Owner. Without limiting the generality of the foregoing Licensee may
not post the URL on a Website, maintain controlled or owned by the
Licensee, allow any other party to post the URL on their Website,
provide a "hotlink" between any Internet web address and the Website or
otherwise display the advertisement or display the disseminate the
Website through any other Internet means (other than e-mail) without the
written consent of the Owner.
4.12 Restriction on Transfer, This License is non-transferable without
the written consent of the Owner and does not authorize the use of the
Website for any other purpose other than the purposes specifically
allowed herein.
Section V - General Matters
5.1 Law Venue Place of Performance, This Agreement shall be constructed
in accordance with the laws of the State of Texas and will be deemed to
be fully performed in Dallas, Dallas County, Texas the Licensee agreeing
that such venue bears a reasonable relationship to this transaction as
it is where the development of the Website will take place. Any suit
proceeding or other actions affecting this Agreement shall be brought in
a court of competent jurisdiction in Dallas, Dallas County, and Texas,
which the parties stipulate bears a reasonable relationship to this
transaction.
5.2 Merger, This Agreement contains complete integrated agreement by all
the parties and may not be altered or amended without a document signed
by all parties hereto.
5.3 Indemnification, The Licensee agrees to indemnify and hold the Owner
and Mangers, and other Licensees harmless from any suit, demand, or
claim made against the Owner or the Manger or other Licensees including,
but not limited to, costs of Defense (Attorneys' fees), costs of
settlement, fines, and penalties which arise from the breach of
Licensee's duties, or obligations under this Agreement.
5.4 Violation - Injunction, Licensee expressly acknowledges that its
violation of this Agreement (including, but not limited to, the
confidentiality provisions and non-compete provisions hereof) will cause
sudden and irreparable harm to Owner, and therefore consents to the
entry of a Temporary Restraining Order and Temporary injunction against
such breach. In addition, or in lieu of the injunctive relief specified
herein, the Owner may also sue for damages as allowed by law for breach
of this Agreement. In such action, Owner may be entitled to recover,
should Owner prevail, Owner's attorney fees and costs as additional
damages.
5.5 No Joint Venture/Partnership, Nothing in the Agreement shall
constitute a joint venture or partnership or other type of cooperative
business relationship among the parties. Licensee shall in no way
represent, warrant or hold itself our as a partner or joint venture
partner with Owner. Licensee shall take steps necessary to indicate that
it is independently operated and owned, and is a distinct legal entity
from Owner, its affiliates, and the Website.
5.6 Limited of License, Nothing in this Agreement shall be construed as
to transfer any rights to Licensee to the marketing materials, know how,
intellectual property, method of business operations or the Website(s)
it being expressly understood that this Agreement constitutes a License
and does not result in a transfer of ownership in and to the materials
licensed.
5.7 Ability to Perform, By executing this Agreement, Licensee is
representing and warranting that they have sufficient capital, business
knowledge, and experience to carry forth the duties of this Agreement.
By becoming a Licensee of the Extreme Success Group, you are hereby
acknowledging acceptance of these Terms and Conditions. |