Please review and accept the terms as part of the seller listing with Ten-X by providing your signature.
PROPERTY MARKETING AGREEMENT
This Property Marketing Agreement is between you, your agents and representatives (collectively, "you"), and Ten-X and its affiliates (collectively, “Ten-X”). This agreement is subject to the Terms of Use located at http://www.Ten-X.com
TERM. This agreement becomes effective as of the date you electronically sign it and will remain in force and effect for 120 days (the “Term”).
MARKETING SERVICES. Ten-X will provide transaction management services and advertise, market and promote the sale of real property on one or more of Ten-X’s websites (collectively, the “Website”) as well as other media during the Term.
TERMINATION. You may terminate this agreement at any time, but the Insertion Fee will not be refunded under any circumstances. Ten-X may terminate this agreement at any time if Ten-X discovers that you have violated this agreement and the Insertion Fee will not be refunded. Sections 5 through 15 of this agreement will survive termination and remain in effect.
INSERTION FEE. Ten-X will charge the Insertion Fee to the credit or debit card you have provided. After your property has been posted on the Website, the Insertion Fee will not be refundable under any circumstances.
TRANSACTION FEE. If you enter an agreement to sell your property during the Term, you agree to pay the Transaction Fee to Ten-X upon the closing of such sale regardless of when closing occurs. You hereby authorize Ten-X to submit this agreement to the escrow/closing agent as an irrevocable instruction to pay the Transaction Fee from your funds and proceeds in escrow upon closing.
REPRESENTATIONS AND WARRANTIES. You represent and warrant that:
You are at least eighteen years of age and have the legal right and ability to enter this agreement and sell your property;
Ten-X's display of your property's listing will not violate any applicable law, rule, regulation;
All listing content you provide will accurately describe the property in all material respects and any material changes in the condition of your property will be promptly entered by you for publication to the Website; and
You will provide the buyer with any disclosures, inspections, reports, or other information which must be provided to the buyer pursuant to applicable law.
PURCHASE AND SALE DOCUMENTATION. Ten-X makes no representation or warranty relating to the legal sufficiency or tax consequences of any form purchase agreements or other transaction documents used in connection with the sale of your property and shall have no liability or responsibility in connection with such documents. Seller will identify the form of purchase agreement and transaction documents to be used in connection with the sale.
CLOSING AND TITLE SERVICE PROVIDER. Seller shall identify Seller’s preferred escrow/closing agent to Ten-X.
LISTING BROKER. You have engaged or will engage a third party listing broker and you shall be solely responsible for any compensation owed to such listing broker. You agree to instruct the listing broker (a) to reasonably cooperate with Ten-X, (b) direct all potential buyers to the Website, and (c) submit all offers received during the Marketing Period through Ten-X's transaction management portal.
BUYER’S BROKER COOPERATING COMMISSION. You, either directly or through your third party listing broker, shall pay any buyer's broker commissions to the broker who represents the buyer in the purchase of the Property.
CONFIDENTIALITY: Each party hereto (as applicable, the “Receiving Party”), for itself and all persons retained or employed by it, shall hold in confidence and not use or disclose to others any confidential or proprietary information of the other party (as applicable, the “Disclosing Party”) which may become known to the Receiving Party, except to the extent the Disclosing Party authorizes such disclosure or disclosures of you confidential information reasonably related to Ten-X’s performance of this agreement. For purposes of this paragraph, information shall not be deemed to be confidential if: (a) it is otherwise within the public domain, (b) the Receiving Party has obtained such information from a source (other than the Disclosing Party or its employees or agents) which, to the Receiving Party’s knowledge, does not have a duty of confidentiality to any person or entity, (c) anonymized transaction information obtained by Ten-X. Despite the foregoing, the Receiving Party may disclose any confidential information described herein to the extent it is reasonably necessary to defend itself from any threatened or potential claim, or in response to legal process (and the Receiving Party will endeavor to provide the Disclosing Party notice of such threatened or potential claim or legal process if legally permitted to do so).
ANNOUNCEMENTS: Ten-X may issue press releases or announcements regarding this agreement or the marketing or sale of any Property.
INDEPENDENT CONTRACTORS: This agreement is intended to create an independent contractor relationship between you and Ten-X, and nothing in this agreement shall be construed as creating an employer/employee, agency, or partnership relationship between the parties.
COMPLETE AGREEMENT; AMENDMENTS: This agreement is the complete and exclusive agreement between the parties with respect to the subject matter contemplated thereby, superseding and replacing any and all prior or contemporaneous communications both oral and written, regarding that subject matter. No modifications to this agreement shall be made or binding unless made in writing and signed by all parties to this agreement.
LIMITED LIABILITY: You hereby waive all rights to claim any special, indirect, incidental, consequential, punitive or exemplary damages in connection with this agreement or any services performed under this agreement, including, but not limited to, lost profits, even if Ten-X has knowledge of the possibility of such damages. The maximum aggregate liability of Ten-X in connection with this agreement shall not exceed 300% of the compensation paid or payable to Ten-X under this agreement.
SEVERABILITY: If any portion of this agreement is judicially determined to be invalid or unenforceable to any extent, that portion shall be deemed severable from the agreement and the remainder of the agreement shall remain in full force and effect and shall be construed to fulfill the intention of the parties.
ELECTRONIC SIGNATURES: Electronic signatures shall be deemed original signatures for purposes of this agreement, and shall have the same legal effect as original signatures.
[CREDIT CARD INFO FORM]
[CARDHOLDER NAME]
[BILLING ADDRESS]
[PHONE]
[CARDNUMBER]
[EXPIRATION]
[CVV]
Insertion Fee: $XXX
Transaction Fee: X% of purchase price
By electronically signing this agreement, you authorize Ten-X to charge the Insertion Fee shown above to the credit or debit card you have provided. After your property has been posted on the Website, the Insertion Fee will not be refundable under any circumstances. The Transaction Fee will be paid from your proceeds at closing and will not be charged to your card.
