Real Estate Referral Extended Terms

Written By Nick Nahid

1. General Terms:

  • 1.1. Agreement:

    • This "Real Estate Referral Extended Terms" encompasses all terms, conditions, exhibits, schedules, amendments, and addendum, governing the partnership between Nexus Real Estate LLC a licensed brokerage in the District of Columbia and the Receiving Brokerage for the referral of prospective real estate clients. It establishes the framework for referral processes, compensation structures, confidentiality obligations, and operational responsibilities.

  • 1.2. Brokerage (Receiving Brokerage):

    • The duly licensed real estate brokerage entity ("Receiving Brokerage") that has entered into this Agreement with Nexus Real Estate, authorized to receive and service Referred Clients within the specified Referral Region. This entity must maintain all necessary licenses and comply with all applicable laws and regulations.

  • 1.3. Effective Date:

    • The precise calendar date on which the "Primary Agreement" was officially executed and signed by authorized representatives of both Nexus Real Estate and the Receiving Brokerage, marking the commencement of the referral partnership.

  • 1.4. Primary Agreement:

    • The foundational "Primary Agreement" previously established between Nexus Real Estate and the Receiving Brokerage, which outlines the core relationship and serves as the basis for this more extended and detailed Agreement. This agreement may also define the Referral Region.

  • 1.5. You or Your:

    • Specifically refers to the Receiving Brokerage, the party entering into this Agreement with Nexus Real Estate, and its authorized representatives, agents, and employees.

2. Parties Involved:

  • 2.1. Agent:

    • A licensed real estate professional, duly affiliated with the Receiving Brokerage, who is authorized to engage with, advise, and assist Referred Clients in all aspects of residential real estate transactions, including purchasing, selling, leasing, or renting. All Agents must maintain active, unencumbered licensure in good standing within the relevant jurisdiction(s) and adhere to all ethical and professional standards.

  • 2.2. Client (Referred Client):

    • An individual, entity, or household specifically referred by Nexus Real Estate to the Receiving Brokerage for the provision of real estate services. This includes any party that Nexus has provided contact information, or other identifying information to the receiving brokerage.

  • 2.3. Consumer:

    • Any individual or entity seeking residential real estate services within the Referral Region, including potential buyers, sellers, tenants, and landlords.

  • 2.4. Third-Party Provider:

    • Any external vendor, service provider, or technology partner that offers services, tools, or applications integrated with or accessible through Nexus Real Estate's products or platforms. This includes but is not limited to software developers, data providers, and marketing agencies.

3. Referral Program:

  • 3.1. Referral:

    • The act of providing a prospective Client's contact information and relevant details by Nexus Real Estate to the Receiving Brokerage and/or an Agent, facilitating the initiation of a real estate service relationship. This may occur through electronic communication, written correspondence, verbal communication, or any other approved method.

  • 3.2. Referral Region:

    • The precisely defined geographic area(s) specified in the Primary Agreement, within which the Receiving Brokerage is authorized to provide real estate services to Referred Clients. This region may be defined by specific cities, counties, zip codes, or other geographic boundaries.

  • 3.3. Referral Coverage Period:

    • A definitive period of twenty-four (24) consecutive months, commencing from the initial Referral date, during which Nexus Real Estate retains the right to receive Referral Fees for any real estate transaction involving the Referred Client. This period ensures Nexus's entitlement to compensation for its referral efforts.

  • 3.4. Referral Fee:

    • The agreed-upon percentage of the Gross Commission, as detailed in Section 5 of this Agreement, payable to Nexus Real Estate as compensation for providing the Referral. This fee structure is designed to incentivize and compensate Nexus for its role in generating client leads.

  • 3.5. Service Fee:

    • The fee, if any, that is paid to Nexus for the use of the Nexus technology, or for administrative services as defined in section 6.

4. Financial and Compensation Terms:

  • 4.1. Gross Commission:

    • The total commission earned by the Receiving Brokerage from a completed real estate transaction involving a Referred Client, calculated before any splits, deductions, or expenses. This includes, but is not limited to, buyer/seller representation fees, transaction coordination fees, administrative fees, bonuses, referral fees paid to cooperating brokerages, and any other form of monetary compensation received in connection with the transaction.

5. Confidentiality and Intellectual Property:

  • 5.1. Confidential Information:

    • Any non-public, proprietary, or sensitive information disclosed by either party to the other, whether orally, in writing, or electronically, in connection with this Agreement. This includes, but is not limited to, business plans, financial data, client lists, pricing strategies, marketing plans, proprietary technology, trade secrets, personal information of clients, and any other information that a reasonable person would consider confidential.

  • 5.2. Intellectual Property:

    • All patents, trademarks, service marks, trade names, copyrights, trade secrets, proprietary processes, proprietary knowledge, software, databases, algorithms, and other similar rights or interests owned, controlled, or licensed by either party.

  • 5.3. Nexus Technology:

    • The proprietary customer relationship management (CRM) platform, software applications, databases, algorithms, user interfaces, and related technologies owned or licensed by Nexus Real Estate, made available to the Receiving Brokerage for the purpose of managing client relationships, tracking transaction progress, and facilitating communication.

6. Administrative Services:

  • 6.1. Administrative Services:

    • A range of support services provided by Nexus Real Estate, at its sole discretion, to assist the Receiving Brokerage in managing Referred Clients and facilitating transactions. These services may include, but are not limited to, transaction coordination, document preparation, client communication assistance, marketing support, and data analysis.

  • 6.2. Product:

    • Any of Nexus’s referral platforms, website, mobile applications, API access, and other technology solutions provided to you pursuant to this Agreement.

7. Referral Responsibilities:

  • 7.1. Nexus Obligations:

    • Nexus shall diligently provide referrals of eligible Clients within the Referral Region to the Receiving Brokerage, employing reasonable efforts to ensure referrals are qualified and prepared for engagement. Nexus will furnish the Receiving Brokerage with comprehensive information about the Referred Client, including contact details, property preferences, timeline, financial pre-qualification information, and any other pertinent data to facilitate effective service.

    • Nexus retains the sole discretion to select Consumers for referral and to determine which Receiving Brokerage will receive such referrals, based on factors such as Agent expertise, geographic coverage, and client preferences.

    • Nexus shall grant the Receiving Brokerage reasonable access to Nexus Technology to aid in managing and servicing Referred Clients, providing training and support as necessary.

    • To ensure transparency and accountability, Nexus shall maintain detailed and accurate records of all Referrals made, including client information, referral dates, transaction status, and commission details.

    • Nexus will take reasonable steps to ensure that the contact information, and other information provided to the receiving brokerage is accurate.

  • 7.2. Receiving Brokerage Obligations:

    • 7.2.1. The Receiving Brokerage commits to promptly, ethically, and diligently serve all Referred Clients, adhering to the highest industry standards, applicable laws, and regulations. Initial contact with Referred Clients must be made within twenty-four (24) hours of receiving the Referral, and documented within the Nexus Technology.

    • 7.2.2. The Brokerage shall maintain consistent and transparent communication with Nexus, providing regular updates on referral progress, including but not limited to:

      • Confirmation of initial client contact, including date and time.

      • Detailed summary of client needs, preferences, and financial pre-qualification.

      • Regular status updates on property search or listing activities.

      • Immediate notification of contracts or offers, including key terms and conditions.

      • Prompt notification of closing details and transaction outcomes, including commission amounts.

    • 7.2.3. The Receiving Brokerage shall assign qualified Agents to serve Referred Clients, based on the client's specific needs, Agent expertise, geographic location, and availability. The Brokerage shall ensure that assigned Agents possess appropriate licensure, expertise, and resources to effectively serve the Referred Client.

    • 7.2.4. The Receiving Brokerage shall not redistribute, reassign, or transfer any Referral to another brokerage or agent without Nexus's prior written consent, except in cases of internal reassignment within the Receiving Brokerage.

    • 7.2.5. The Receiving Brokerage shall comply with all applicable federal, state, and local laws, regulations, and professional standards in providing services to Referred Clients, including but not limited to fair housing laws, consumer protection statutes, real estate licensing requirements, and data privacy regulations.

    • 7.2.6. The Receiving Brokerage shall immediately notify Nexus of any material changes in the status of a Referred Client, including but not limited to: Client's decision to terminate the relationship, including the reasons for termination.

    • Client's significant change in needs, preferences, or financial circumstances.

    • Contract execution, amendment, or termination, with copies of relevant documents.

    • Scheduled closing dates, and any changes to those dates.

    • Transaction completion, including the final closing statement and commission details.

    • Any legal or ethical issues that arise.

  • 7.2.7. The Receiving Brokerage shall utilize Nexus Technology as instructed for maintaining accurate and up-to-date records, facilitating seamless communication, and diligently tracking the progress of Referred Clients. This includes, but is not limited to, updating client profiles, logging communication, documenting transaction milestones, and uploading required documents.

  • 7.2.8. The Receiving Brokerage shall refrain from any conduct that may harm or damage Nexus Real Estate's reputation, brand, or relationships with its network of clients, agents, or partners. This includes, but is not limited to, making false or misleading statements, engaging in unethical practices, or violating confidentiality agreements.

  • 7.2.9. The Receiving Brokerage shall maintain meticulous and comprehensive records of all transactions involving Referred Clients, including but not limited to:

    • Listing agreements, buyer representation agreements, and other relevant contracts.

    • Purchase contracts, sales agreements, and related documents.

    • Commission statements, settlement statements, and closing disclosures.

    • All communication records, including emails, phone logs, and meeting notes.

    • Any other documents or information relevant to the transaction.

    • These records shall be made readily available to Nexus Real Estate upon reasonable request for audit purposes, ensuring transparency and accountability.

  • 7.2.10. The receiving brokerage will make sure that all agents that are working with the referred client, have been made aware of this agreement, and are obligated to follow the terms of this agreement.

  • 7.2.11. The receiving brokerage will notify Nexus within 3 business days of any agent that is assigned to a referred client leaving the receiving brokerage.

  • 7.2.12. The receiving brokerage will ensure that all advertising of properties that a referred client is either buying or selling, is done in compliance with all local, state, and federal laws.

  • 7.2.13. The receiving brokerage will maintain errors and omissions insurance, and will provide a copy of proof of insurance to Nexus upon request.

  • 7.2.14. The receiving brokerage will cooperate with any reasonable request from Nexus to provide information about a referred client, or a transaction involving a referred client.

8. Technology Access:

  • 8.1. License Grant:

    • Nexus Real Estate hereby grants the Receiving Brokerage and its authorized Agents a limited, revocable, non-exclusive, and non-transferable license to access and utilize the Nexus Technology. This license is specifically for the sole purpose of effectively managing referrals provided by Nexus, facilitating related communications, and enhancing the servicing of Referred Clients. This license does not confer any ownership rights, intellectual property rights, or other proprietary interests in the Nexus Technology.

  • 8.2. Authorized Use:

    • The Receiving Brokerage and its Agents are expressly authorized to use the Nexus Technology exclusively for the following purposes:

      • Managing and tracking Referred Clients throughout the transaction lifecycle.

      • Facilitating seamless communication between Nexus, the Receiving Brokerage, and Referred Clients.

      • Accessing and utilizing relevant data and tools provided within the Nexus Technology to enhance client service.

      • To generate reports regarding referred client activity.

  • 8.3. Restrictions:

    • The Receiving Brokerage shall strictly adhere to the following restrictions:

      • a. Prohibited from reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Nexus Technology.

      • b. Prohibited from modifying, adapting, altering, translating, or creating derivative works of the Nexus Technology.

      • c. Prohibited from removing, altering, or obscuring any proprietary notices, trademarks, or copyright symbols displayed on or within the Nexus Technology.

      • d. Prohibited from using the Nexus Technology to service clients who were not specifically referred by Nexus Real Estate through the referral program outlined in this Agreement.

      • e. Prohibited from sharing access credentials, usernames, or passwords with unauthorized individuals or entities, including employees or contractors of the Receiving Brokerage who are not authorized Agents.

      • f. Prohibited from using the Nexus Technology in any manner that could damage, disable, overburden, or impair its functionality, performance, or security.

      • g. Prohibited from using automated scripts, bots, spiders, crawlers, or other automated mechanisms to access, interact with, or extract data from the Nexus Technology without the express written permission of Nexus Real Estate.

  • 8.4. Security Obligations:

    • The Receiving Brokerage acknowledges its responsibility to protect the security and confidentiality of the Nexus Technology and agrees to implement and maintain robust internal controls to prevent unauthorized access, use, or disclosure. Specifically, the Receiving Brokerage shall:

      • a. Implement and maintain reasonable and industry-standard security measures to protect access credentials, including but not limited to strong passwords, multi-factor authentication, and secure storage practices.

      • b. Ensure that only authorized Agents who have received appropriate training and authorization access the Nexus Technology.

      • c. Promptly notify Nexus Real Estate of any actual or suspected security breach, unauthorized access, or data compromise involving the Nexus Technology.

      • d. Comply with all security protocols, guidelines, and policies provided by Nexus Real Estate, including any updates or revisions.

  • 8.5. Updates and Maintenance:

    • Nexus Real Estate reserves the unilateral right to modify, update, enhance, or discontinue any aspect of the Nexus Technology at any time, without prior notice. Nexus will make reasonable efforts to provide advance notice of significant changes that may impact the Receiving Brokerage's use of the technology, but is not obligated to maintain any specific feature, functionality, or version of the Nexus Technology.

  • 8.6. Termination of Access:

    • Nexus Real Estate may suspend or terminate the Receiving Brokerage's and its Agents' access to the Nexus Technology immediately upon the occurrence of any of the following events:

      • a. Material breach of any term or condition of this Agreement by the Receiving Brokerage or its Agents.

      • b. Termination of the business relationship between Nexus Real Estate and the Receiving Brokerage for any reason.

      • c. Misuse of the Nexus Technology, including but not limited to unauthorized access, data manipulation, or violation of acceptable use policies.

      • d. Failure to comply with security requirements, protocols, or guidelines provided by Nexus Real Estate.

      • e. As otherwise determined necessary by Nexus Real Estate at its sole discretion to protect its interests, maintain system integrity, or comply with legal obligations.

  • 8.7. Training and Support:

    • Nexus Real Estate may, at its discretion, provide reasonable training and support for the use of the Nexus Technology, including but not limited to documentation, online tutorials, webinars, and technical assistance. The scope, duration, and availability of training and support will be determined by Nexus Real Estate.

9. Administrative Support Services:

  • 9.1. Optional Services:

    • Nexus Real Estate may, at its sole discretion, offer optional administrative support services to the Receiving Brokerage and its Agents to enhance efficiency and streamline transaction processing. These services may include, but are not limited to:

      • a. Transaction coordination, including scheduling, document tracking, and communication management.

      • b. Document preparation, review, and management, including contract drafting, compliance checks, and electronic filing.

      • c. Client communication assistance, including responding to inquiries, scheduling appointments, and providing updates.

      • d. Marketing support, including creating marketing materials, managing online listings, and coordinating promotional activities.

      • e. Compliance guidance, including providing information on relevant regulations, best practices, and industry standards.

  • 9.2. Service Limitations:

    • Administrative Support Services are provided on an "as available" basis and are subject to change, limitation, or discontinuation at any time at Nexus Real Estate's sole discretion. Nexus Real Estate makes no guarantees regarding the availability, quality, timeliness, or completeness of such services.

  • 9.3. Relationship Clarification:

    • The provision of Administrative Support Services shall not create an employment relationship, joint venture, partnership, agency relationship, or any other form of legal association between Nexus Real Estate and the Receiving Brokerage. Personnel providing Administrative Support Services remain employees or independent contractors of Nexus Real Estate and are not employees or agents of the Receiving Brokerage.

  • 9.4. Receiving Brokerage Responsibilities:

    • The Receiving Brokerage retains ultimate responsibility for all aspects of client representation, transaction management, legal compliance, and professional conduct. Administrative Support Services provided by Nexus Real Estate are supplementary and do not replace or diminish the Receiving Brokerage's professional obligations, due diligence, or legal responsibilities.

  • 9.5. Service Fees:

    • Unless otherwise specified in writing, Administrative Support Services are provided at no additional cost beyond the Referral Fees outlined in Section 5 of this Agreement. Nexus Real Estate reserves the right to introduce fees for premium or enhanced Administrative Support Services, or for services that are outside of the normal service offerings, with prior written notice to the Receiving Brokerage.

10. Referral Fee Structure:

  • 10.1. Fee Schedule:

    • The Receiving Brokerage agrees to compensate Nexus Real Estate for each successful Referral based on the following graduated fee schedule, calculated as a percentage of the Receiving Brokerage's portion of the Gross Commission:

      • a. 30% of the Brokerage's Gross Commission for transactions with a final sale price up to $499,999.

      • b. 35% of the Brokerage's Gross Commission for transactions with a final sale price between $500,000 and $1,000,000.

      • c. 40% of the Brokerage's Gross Commission for transactions with a final sale price exceeding $1,000,000.

  • 10.2. Multiple Transactions:

    • If a Referred Client engages in multiple real estate transactions (e.g., purchasing, selling, leasing) within the Referral Coverage Period, each individual transaction shall be considered a separate event and shall be subject to the applicable Referral Fee as outlined in the fee schedule.

  • 10.3. Payment Terms:

    • Referral Fees shall be due and payable within fifteen (15) calendar days following the successful closing and funding of the real estate transaction. Payment shall be made by electronic funds transfer (EFT), ACH transfer, wire transfer, or company check, or any other mutually agreed-upon method approved in writing by Nexus Real Estate.

  • 10.4. Payment Documentation:

    • Each Referral Fee payment must be accompanied by the following documentation to ensure transparency and accurate record-keeping:

      • a. A complete and legible copy of the final settlement statement or HUD-1 (or equivalent closing disclosure).

      • b. A signed commission disbursement authorization from the Receiving Brokerage.

      • c. A comprehensive transaction summary, including the property address, transaction type (e.g., sale, purchase), and final sale price.

      • d. Any additional documentation reasonably requested by Nexus Real Estate to verify the transaction details and commission calculation.

  • 10.5. Late Payments:

    • Any Referral Fee not paid within the specified thirty (30) calendar day period shall accrue interest at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower, from the original due date until the payment is received in full by Nexus Real Estate.

  • 10.6. Disputes:

    • In the event of any dispute regarding the calculation or payment of Referral Fees, the Receiving Brokerage must provide written notice of the dispute to Nexus Real Estate within three (3) business days of receiving the invoice or payment request. Both parties agree to engage in good-faith negotiations to resolve such disputes promptly and amicably.

  • 10.7. Transaction Failure:

    • No Referral Fee shall be due for real estate transactions that fail to close due to circumstances beyond the Receiving Brokerage's control. However, if a transaction fails to close due to the negligence, willful misconduct, breach of duty, or material misrepresentation by the Receiving Brokerage or its Agents, the applicable Referral Fee shall remain due and payable to Nexus Real Estate.

11. Referral Fee Exceptions:

  • 11.1. Pre-existing Relationship Exemption:

    • The Receiving Brokerage may request an exemption from the Referral Fee if it can demonstrate a pre-existing active client relationship with the Referred Client.

      • a. The Receiving Brokerage must notify Nexus Real Estate in writing or by our Referral Tracker Form within forty-eight (48) hours of receiving the Referral, providing sufficient documented evidence to support the claim of a pre-existing relationship.

      • b. A "pre-existing active client relationship" is defined as:

        • i. A fully executed and valid buyer representation agreement or listing agreement with the Referred Client that predates the Referral date.

        • ii. Documented showing activity, property evaluations, or substantive communication with the Referred Client within ninety (90) days preceding the Referral date.

        • iii. Other substantial and verifiable evidence of an established and ongoing business relationship with the Referred Client that predates the Referral date.

  • 11.2. Time Limitation Exemption:

    • Real estate transactions involving a Referred Client that close more than twenty-four (24) months after the initial Referral date shall be exempt from Referral Fees, unless:

      • a. The Receiving Brokerage can demonstrate that it has maintained continuous and active engagement with the Referred Client throughout the Referral Coverage Period, with documented evidence of ongoing communication and service provision.

      • b. The parties have mutually agreed in writing to extend the Referral Coverage Period for a specified duration.

  • 11.3. Exemption Process:

    • To claim an exemption from the Referral Fee, the Receiving Brokerage must:

      • a. Submit a formal written notice or by our Referral Tracker Form to Nexus Real Estate within the specified timeframe, detailing the basis for the exemption.

      • b. Provide all supporting documentation and evidence substantiating the claim of exemption.

      • c. Receive written confirmation from Nexus Real Estate acknowledging the exemption.

  • 11.4. Exemption Determination:

    • Nexus Real Estate shall review all exemption requests in good faith, but retains the sole and absolute discretion to determine whether sufficient evidence has been provided to warrant an exemption. Nexus Real Estate shall provide a written response to exemption requests within three (3) business days of receiving all required documentation.

  • 11.5. Scenarios Eligible for Referral Fee Exemptions:

    Nexus Real Estate monitors potential unreported transactions by cross-referencing our referred leads with closed transaction data from public records and MLS listings.

    1. Agent Departure Exemption:

    When an agent has left Nexus Real Estate before closing a referred transaction.

    Required Documentation:

    • Team roster or communication (email/text) showing the exact date when the agent departed

    • MLS record copy clearly identifying who ultimately closed the transaction

    • If the referral was delivered before the agent's departure, we also require proof that you requested payment from the closing agent

    2. Mistaken Identity Exemption

    When our system incorrectly matches a referral with a transaction closed by a different agent.

  • Required Documentation:

    • Clear screenshot of closing documents with all names visible

    • If the situation involves individuals with identical names, provide CRM screenshots showing different contact information (phone/email) to confirm they are separate people

    3. Pre-Existing Relationship Exemption

    When you already had an established relationship with the client before receiving them as a referral.

  • Required Documentation:

    • Proof of active two-way communication with the client within 30 days prior to receiving the referral

    • Communication records must include visible date/time stamps and contact information

    • Submission must be made within 48 hours of receiving the referral lead

    4. Client Relationship Outside Referral Program

    When you can demonstrate the client came to you through channels unrelated to our referral program.

  • Required Documentation:

    • Evidence showing how the client was originally sourced (e.g., personal referral, open house registration, direct marketing response)

    • Signed attestation from the client confirming their relationship originated outside our referral system

    5. Transaction Location Exemption

    When the transaction occurred in a geographic area not covered by our referral agreement.

  • Required Documentation:

    • Closing documents showing property location

    • Copy of your specific referral territory agreement

    6. Transaction Type Exemption

    When the transaction involved a property type outside the scope of our referral agreement.

  • Required Documentation:

    • Property details showing the specific type of transaction (commercial, land, etc.)

    • Copy of your referral agreement specifying covered transaction types

    7. Timeline Expiration Exemption

    When the transaction occurred after the referral period expired.

  • Required Documentation:

    • Proof of initial referral date

    • Closing documents showing transaction date

    • Copy of referral terms showing the applicable time period

    To request any exemption, submit all required documentation through the Nexus Real Estate agent portal. Our referral management team will review your submission and notify you of the decision.

12. Transfer or Reassignment of Referrals:

  • 12.1. Prohibited Transfers:

    • The Receiving Brokerage is strictly prohibited from transferring, reassigning, or redirecting any Referral to another real estate brokerage or to any Agent who is not directly affiliated with the Receiving Brokerage without the express prior written consent of Nexus Real Estate.

  • 12.2. Continued Responsibility:

    • If the Receiving Brokerage transfers or reassigns a Referral to another brokerage or agent, whether with or without Nexus Real Estate's consent, the original Receiving Brokerage shall remain fully liable for the payment of the applicable Referral Fee should the transaction close within the Referral Coverage Period.

  • 12.3. Agent Departure:

    • If an Agent who has been actively working with a Referred Client departs from the Receiving Brokerage:

      • a. The Receiving Brokerage must promptly notify Nexus Real Estate in writing of the Agent's departure within twenty-four hours.

      • b. The Receiving Brokerage shall make reasonable efforts to assign another qualified Agent to continue serving the Referred Client.

      • c. If the Referred Client chooses to follow the departing Agent to another real estate brokerage, the original Receiving Brokerage shall remain liable for the Referral Fee unless otherwise agreed in writing by Nexus Real Estate.

  • 12.4. Notification Requirement:

    • The Receiving Brokerage must notify Nexus Real Estate in writing within forty-eight (48) hours of:

      • a. Receiving a request from a Referred Client to transfer their representation to another brokerage.

      • b. The departure of any Agent who is actively working with a Referred Client.

      • c. Any transfer or reassignment of a Referred Client to another Agent within the Receiving Brokerage.

  • 12.5. Consent Process:

    • To obtain Nexus Real Estate's consent for a transfer or reassignment of a Referral, the Receiving Brokerage must:

      • a. Submit a formal written request detailing the specific reasons for the proposed transfer or reassignment.

      • b. Provide comprehensive information about the proposed recipient brokerage or agent, including their qualifications and experience.

      • c. Outline the proposed arrangements for the payment of the Referral Fee, if applicable.

      • d. Receive explicit written approval from Nexus Real Estate before proceeding with the transfer or reassignment.

13. Confidentiality:

Both parties acknowledge that during the course of this Agreement, they may exchange non-public, sensitive information, which they agree to treat as confidential. Each party is obligated to implement robust security measures to safeguard this information, preventing unauthorized access, use, or disclosure. Confidential Information shall be used exclusively for fulfilling obligations under this Agreement and not for any other purpose without explicit written consent. Disclosure of Confidential Information to third parties is strictly prohibited, except in the following circumstances: when shared with employees, agents, or contractors who require access for performance under this Agreement and are bound by equally stringent confidentiality obligations; when compelled by law, regulation, or court order, provided that the disclosing party promptly notifies the other to allow them to seek a protective order; or with the express written consent of the other party. All information pertaining to Referred Clients is considered Confidential Information and must comply with applicable privacy laws and regulations, including the protection of personally identifiable information, secure data storage and transmission, and adherence to privacy notices and policies. Both parties are required to maintain appropriate technical, organizational, and physical safeguards to protect Confidential Information, consistent with industry standards. In the event of any actual or suspected unauthorized access, use, or disclosure of Confidential Information, the affected party must immediately notify the other in writing and cooperate in mitigating any potential harm. The confidentiality obligations outlined in this section shall endure for five (5) years following the termination or expiration of this Agreement, with trade secrets remaining confidential indefinitely, as long as they retain their status as trade secrets under applicable law.

14. Representations and Warranties:

Each party represents and warrants to the other that it is a duly organized and validly existing entity, in good standing under the laws of its jurisdiction. They possess the legal authority to enter into and perform their obligations under this Agreement. The execution, delivery, and performance of this Agreement have been duly authorized by all necessary corporate or other actions, and this Agreement constitutes a legal, valid, and binding obligation, enforceable against them in accordance with its terms. Furthermore, their performance under this Agreement does not violate any applicable law, regulation, or other contractual obligation. Both parties commit to complying with all applicable federal, state, and local laws, regulations, and rules in performing their obligations. Nexus specifically represents and warrants that it possesses and shall maintain all necessary licenses, permits, and approvals to provide the services contemplated by this Agreement. Nexus also warrants that it has the right to grant the licenses and permissions to use Nexus Technology as stipulated in this Agreement, and that, to the best of its knowledge, the Nexus Technology does not infringe upon the intellectual property rights of any third party. The Receiving Brokerage represents and warrants that it possesses and shall maintain all licenses, permits, certifications, and insurance coverage required by applicable law to provide real estate brokerage services in the Referral Region. All Agents assigned to serve Referred Clients shall be properly licensed and in good standing with applicable regulatory authorities. The Receiving Brokerage commits to providing services to Referred Clients in accordance with applicable professional standards, laws, and regulations, and that it has implemented appropriate policies and procedures to ensure compliance with fair housing laws, anti-discrimination laws, consumer protection statutes, and other applicable regulations. Except as expressly set forth in this Agreement, both parties disclaim all other warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

15. Indemnification:

The Receiving Brokerage agrees to indemnify, defend, and hold Nexus harmless from any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorney's fees, arising from its breach of any representation, warranty, covenant, or obligation under this Agreement; the negligence, recklessness, or willful misconduct of the Receiving Brokerage or its Agents in providing services to Referred Clients; any violation of applicable laws, regulations, or professional standards; any misrepresentation made to Referred Clients; or any unauthorized use, modification, or disclosure of Nexus Technology or Confidential Information. Similarly, Nexus agrees to indemnify, defend, and hold the Receiving Brokerage harmless from any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorney's fees, arising from its breach of any representation, warranty, covenant, or obligation under this Agreement; the negligence, recklessness, or willful misconduct of Nexus in providing referrals or Administrative Services; any violation of applicable laws or regulations; or any claim that the Nexus Technology infringes upon the intellectual property rights of any third party, when used in accordance with the agreement. The indemnified party must promptly notify the indemnifying party in writing of any claim for which indemnification is sought, cooperate reasonably in the defense or settlement of such claim, and allow the indemnifying party to control the defense and settlement, provided that any settlement imposing obligations on the indemnified party requires their written consent. Both parties are required to maintain appropriate insurance coverage, including professional liability insurance, errors and omissions insurance, and general liability insurance, in amounts sufficient to support their indemnification obligations under this Agreement.

16. Limitation of Liability:

To the fullest extent permitted by applicable law, under no circumstances shall Nexus Real Estate, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, consultants, agents, employees, successors, assigns, licensors, hosting providers, information providers, content providers, and/or contractors (collectively, the "Nexus Real Estate Parties"), or any third-party provider of a service, application, tool, interface, or functionality offered on or through any product, platform, or service of any member of the Nexus Real Estate Parties (each a "Third-Party Provider"), be liable for any lost profits, lost revenue, lost business opportunities, loss of data, loss of goodwill, work stoppage, computer failure or malfunction, or any indirect, consequential, special, incidental, exemplary, punitive, or enhanced damages. This exclusion applies regardless of whether such damages arise from (A) our product, platform, or service; (B) these terms; (C) any breach of these terms by you or any third party; (D) use of the product, platform, service, tools, applications, or functions we provide, or any Third-Party Provider provides, related to the business we operate on the product, by you or any third party; (E) any user-contributed content or submissions; (F) your interaction with any other user; or (G) any information, software, products, services, or content obtained through the product. This exclusion extends to damages based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and applies even if any member of the Nexus Real Estate Parties has been informed of the possibility of such damage, and even if a limited remedy set forth herein is found to have failed of its essential purpose. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, breach of warranty, strict liability, tort (including negligence), product liability, misrepresentation, breach of statutory duty, or any other cause of action, to the maximum extent such exclusions and limitations are not prohibited by applicable law and to the fullest extent permissible by law. While some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, and therefore these limitations or exclusions may not apply to you, these terms provide specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law. If you are dissatisfied with the product, do not agree with any part of the terms, or have any other dispute or claim with or against us, any Third-Party Provider, or any user of the product with respect to these terms or the product, then your sole and exclusive remedy against us is to discontinue using the product and terminate your account. In all events, the aggregate liability of the Nexus Real Estate Parties and the Third-Party Providers to you or any third party in any circumstance is limited to the greater of (A) the amount of fees you have paid to us in the twelve (12) months immediately preceding the action giving rise to liability, or (B) one hundred dollars ($100.00 USD) in the aggregate for all claims. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.

17. Governing Law and Dispute Resolution:

This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflict of law principles. In the event of any dispute, controversy, or claim arising from or relating to this Agreement, the parties shall first endeavor to resolve the matter informally through good-faith negotiations between senior executives. If the parties are unable to resolve the dispute through informal negotiations within thirty (30) days, either party may initiate mediation by providing written notice to the other. The mediation shall be conducted in accordance with the American Arbitration Association (AAA) Commercial Mediation Procedures in effect at the time of the dispute, and shall take place in the District of Columbia. The costs of mediation shall be shared equally between the parties. If the dispute is not resolved through mediation within sixty (60) days after its commencement, the dispute shall be submitted to binding arbitration in accordance with the AAA Commercial Arbitration Rules in effect at the time of the dispute. The arbitration shall be conducted in the District of Columbia by a single arbitrator selected in accordance with AAA rules. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order or grant, including specific performance, injunctive relief, or sanctions for abuse of the arbitration process. The arbitrator's award shall be final and binding, and may be entered and enforced in any court having jurisdiction. The prevailing party, as determined by the arbitrator, shall be awarded all costs and fees, including arbitrator's fees, administrative fees, travel expenses, court costs, witness fees, and reasonable attorney's fees. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the unauthorized use or disclosure of its Confidential Information or Intellectual Property. The parties agree that any arbitration or court proceeding shall be limited to the dispute between them and shall not be brought as a class arbitration, class action, or any other type of representative proceeding.

18. Non-Solicitation:

During the term of this Agreement and for twelve (12) months thereafter, neither party shall solicit, directly or indirectly, the other's employees, contractors, or representatives without prior written consent. For the purposes of this section, "solicit" shall mean to approach, induce, or attempt to induce any employee, contractor, or representative of the other party to terminate their relationship, accept employment or engagement with the soliciting party, or enter into any contractual relationship with the soliciting party. This non-solicitation provision shall not apply to general advertisements or job postings not specifically directed at the other party's employees, contractors, or representatives, responses to unsolicited inquiries, or the hiring of an employee, contractor, or representative who independently approaches the hiring party without any direct or indirect solicitation. The parties acknowledge that a breach of this non-solicitation provision would cause irreparable harm, and therefore, in addition to any other remedies available at law or in equity, the non-breaching party shall be entitled to injunctive relief to enforce this provision.

19. Audit Rights:

Nexus Real Estate reserves the right to conduct audits of the Receiving Brokerage's records related to Referral transactions to verify compliance with this Agreement. These audits may include the examination of transaction files, closing statements, commission calculations, communications with Referred Clients, Agent assignment and transaction records, and other relevant documentation. Nexus shall provide at least ten (10) business days' written notice prior to conducting an audit, which shall be conducted during regular business hours at the Receiving Brokerage's place of business or another mutually agreed location. Nexus may engage independent auditors, provided they are bound by appropriate confidentiality obligations. The Receiving Brokerage shall cooperate reasonably with audit requests and make available all relevant records, documentation, and personnel. If an audit reveals any underpayment of Referral Fees, the Receiving Brokerage shall promptly remit the underpaid amount plus interest at the specified rate. If the underpayment exceeds 5% of the total Referral Fees due, the Receiving Brokerage shall also reimburse Nexus for the reasonable costs of the audit. Repeated or willful underpayment may constitute grounds for termination of this Agreement. The Receiving Brokerage shall maintain complete and accurate records of all transactions involving Referred Clients for at least three (3) years following the closing date of each transaction, or longer if required by applicable law.

20. Client Satisfaction & Quality Assurance:

The Receiving Brokerage agrees to maintain high service standards, promptly address client concerns, and participate in client satisfaction surveys as required by Nexus Real Estate. Nexus may establish reasonable performance metrics to evaluate service quality, including response time, client satisfaction ratings, transaction completion rates, adherence to communication protocols, and compliance with reporting requirements. Nexus may collect feedback directly from Referred Clients, and the Receiving Brokerage agrees to cooperate with these efforts. The Receiving Brokerage shall review client feedback and implement measures to address identified areas for improvement, and Nexus and the Receiving Brokerage may consult on best practices. The Receiving Brokerage shall promptly respond to client complaints, notify Nexus of significant complaints within twenty-four (24) hours, provide a detailed summary of complaints and resolution efforts, and take corrective action. If Nexus determines that service quality is consistently below standards, it may require corrective measures, temporarily suspend referrals, reduce referral volume, or terminate this Agreement. The Receiving Brokerage shall ensure Agents receive appropriate training on customer service, and Nexus may offer supplemental training.

21. Term and Termination:

This Agreement shall commence on the Effective Date and continue until terminated. Either party may terminate 1 for convenience with thirty (30) days' written notice. Either party may terminate immediately for material breach, insolvency, cessation of business, fraudulent conduct, or loss of required licenses. Upon termination, Nexus shall cease providing new Referrals, the Receiving Brokerage shall continue servicing existing clients, access to Nexus Technology shall be terminated (except for servicing existing clients), and all rights and licenses shall terminate (except as provided). Referral Fees remain payable for transactions closing during the Referral Coverage Period. The parties shall cooperate in transitioning active clients, and certain provisions shall survive termination, including those related to Referral Fees, Confidentiality, Indemnification, Limitation of Liability, Dispute Resolution, Non-Solicitation, Audit Rights, and any other provisions that by their nature should survive termination.

22. Marketing and Branding:

The Receiving Brokerage acknowledges that Nexus Real Estate's brand identity is a valuable asset and agrees to respect its integrity. The Receiving Brokerage shall not use Nexus's name, logo, trademarks, or other brand elements in any marketing materials, websites, social media, or other public-facing communications without Nexus's prior written approval. Nexus may provide the Receiving Brokerage with approved marketing materials, templates, or content for use in communicating with Referred Clients, and the Receiving Brokerage agrees to use such materials in accordance with any guidelines or instructions provided by Nexus. The Receiving Brokerage shall not represent itself as an agent, partner, or affiliate of Nexus beyond the scope of the referral relationship established by this Agreement. When communicating with Referred Clients, the Receiving Brokerage shall accurately represent the nature of its relationship with Nexus and shall not make any false or misleading statements regarding the services provided by either party.

23. Intellectual Property:

Each party retains all right, title, and interest in and to its own Intellectual Property. Nothing in this Agreement shall be construed as transferring ownership of any Intellectual Property from one party to the other. Each party grants the other a limited, non-exclusive, non-transferable license to use its Intellectual Property solely as necessary to perform obligations under this Agreement. This license shall automatically terminate upon termination or expiration of this Agreement. Neither party shall modify, alter, or create derivative works of the other party's Intellectual Property; register or attempt to register any trademarks, service marks, or domain names that are confusingly similar to the other party's trademarks or service marks; challenge or assist others in challenging the other party's Intellectual Property rights; or use the other party's Intellectual Property in any manner that could damage, dilute, or negatively affect the value of such Intellectual Property. If either party provides suggestions, ideas, or feedback regarding the other party's products, services, or technology ("Feedback"), such Feedback is provided voluntarily and the receiving party may use it for any purpose without obligation of any kind. The providing party hereby grants the receiving party a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit the Feedback for any purpose.

24. Force Majeure:

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, strikes, lockouts, labor disputes, fire, flood, earthquake, or failure of third-party providers (each, a "Force Majeure Event"). The party affected by a Force Majeure Event shall promptly notify the other party of the nature and extent of the Force Majeure Event and its expected impact on the affected party's ability to perform its obligations. The party affected by a Force Majeure Event shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance of its obligations as soon as practicable. If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate this Agreement upon written notice to the other party.

25. Notices:

All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be delivered by hand delivery, nationally recognized overnight courier service, certified or registered mail, return receipt requested, or email with confirmation of receipt. Notices shall be sent to the addresses specified in the Primary Agreement or to such other address as either party may specify in writing. Notices shall be deemed effective upon delivery, if delivered by hand; one business day after deposit with a nationally recognized overnight courier service; three business days after deposit in the mail, if sent by certified or registered mail; or upon confirmation of receipt, if sent by email.

26. Relationship of Parties:

The relationship between Nexus Real Estate and the Receiving Brokerage is that of independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment relationship, or agency relationship between the parties. Neither party has any authority to bind the other party or to assume or create any obligation or responsibility, express or implied, on behalf of the other party or in the other party's name. Each party shall be solely responsible for all wages, employment taxes, benefits, and other compensation for its own employees and contractors. Neither party's employees or contractors shall be entitled to receive any benefits normally provided to the other party's employees. Each party shall be responsible for its own federal, state, and local taxes, including income, employment, and property taxes. Neither party shall be liable for taxes attributable to the income of the other party.

27. Modification and Waiver:

Nexus Real Estate reserves the right to amend this Agreement upon thirty (30) days' written notice to the Receiving Brokerage. Continued participation in the referral program after notification constitutes acceptance of the modifications. If Nexus implements a material change that substantially affects the Receiving Brokerage's rights or obligations under this Agreement, the Receiving Brokerage may terminate this Agreement by providing written notice to Nexus within thirty (30) days of receiving notice of the change. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom enforcement is sought. The waiver of any breach or default shall not constitute a waiver of any other right or any subsequent breach or default.

28. Severability:

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. In the event that any provision is held to be invalid, illegal, or unenforceable, the parties shall negotiate in good faith to modify such provision so that it becomes valid, legal, and enforceable while most closely approximating the original intent of the parties.

29. Assignment:

Neither party shall assign or transfer this Agreement, nor any rights or obligations hereunder, without the prior written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding this restriction, either party may assign this Agreement without consent to a successor in interest in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that the assignee assumes all obligations under this Agreement and has the financial and operational capability to perform such obligations. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

30. Entire Agreement:

This Agreement, together with the Primary Agreement and Nexus's Privacy Policy, constitutes the complete and final understanding between the parties regarding the referral services, superseding all previous agreements or understandings, whether written or oral, relating to the subject matter hereof. In the event of any conflict between this Agreement and the Primary Agreement, the terms of this Agreement shall prevail unless expressly stated otherwise. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed to be original signatures for all purposes. This Agreement is for the benefit of the parties hereto and their permitted successors and assigns only, and shall not confer any rights or benefits on any third party.

31. Compliance With Laws:

Each party shall comply with all applicable federal, state, and local laws, regulations, and rules in performing its obligations under this Agreement, including but not limited to real estate licensing laws and regulations, fair housing laws and anti-discrimination statutes, consumer protection laws, data privacy and security regulations, anti-money laundering laws, RESPA, and other real estate transaction regulations. Each party shall obtain and maintain all licenses, permits, registrations, and approvals required by applicable law to perform its obligations under this Agreement. Each party shall be responsible for its own regulatory reporting requirements, including but not limited to tax reporting, transaction reporting, and licensing renewals. If any change in law or regulation materially affects either party's ability to perform its obligations under this Agreement, the parties shall negotiate in good faith to modify this Agreement to comply with such change while preserving the original intent of the parties to the greatest extent possible.

32. Survival:

Sections that by their nature should survive termination or expiration of this Agreement shall survive, including but not limited to provisions relating to payment obligations, confidentiality, intellectual property, indemnification, limitation of liability, dispute resolution, and any other provisions that must survive to fulfill their essential purpose.

33. Transfer of Referrals and Agents:

In the event that you or an Agent transfer a Referral to another broker or agent who subsequently enters into a real estate transaction with the Referral during the Referral Coverage Period, you shall be obligated to pay Nexus the respective Service Fee as if you and/or your Agent had directly participated in the transaction. It is essential to understand that Service Fees are tied to the Referral itself, and not to the Agent's employment status. Therefore, the obligation to pay Service Fees is not waived, forgiven, or nullified upon the termination of an Agent's employment or contractor relationship. If an Agent enters into a real estate transaction with a Referral during the Referral Coverage Period, both you and the Agent will be jointly and severally responsible for the respective Service Fees. If you create a new brokerage and take a Referral with you, you remain obligated to pay Nexus the Service Fees. Similarly, if you sponsor or transfer an Agent from another brokerage to yours, you become responsible for the payment of Service Fees to Nexus for Referrals to that Agent from before they joined your brokerage. By entering into this agreement, you affirm that you understand your obligations as outlined in this section.

34. Data Usage and Privacy:

When you provide your email address, phone number, name, or other information to Nexus, you agree that Nexus may add this information to our database of users and that you may receive promotional emails from Nexus or Nexus affiliates. By providing your mobile phone number, you consent to receive text messages sent by an automatic telephone dialing system, including referrals, product updates, training materials, and other information, with the understanding that message and data rates may apply. For detailed information regarding our email and data collection practices and opt-out procedures, please review our Privacy Policy. Your use of the Product signifies your acknowledgment of and agreement with our Privacy Policy. You agree to comply with all applicable privacy and security laws and shall not place Nexus in violation of any applicable privacy or security law. You represent that your brokerage's privacy policy is consistent with, and no less stringent than, Nexus's Privacy Policy regarding data use and protection.

35. Communications and Information Usage Restrictions:

You agree that when using personal information of other users obtained directly or indirectly from or through the Product, you are authorized to use such information solely for product-related communications that are not unsolicited commercial messages, utilizing services offered through the Product, or inquiring about a transaction between you and the other user related to the Product's purpose. Any other use of such information requires the express permission of the user. You are prohibited from using any information for unlawful purposes. Nexus Real Estate maintains a strict anti-spam policy and does not tolerate spam or unsolicited commercial electronic communications. You may not add a Product user to your mailing list without their express consent, nor may you use any tool or service on the Product to send spam or unsolicited communications. If you submit ideas, original creative artwork, suggestions, or other works ("Submissions") to us, you acknowledge that your submission and its contents automatically become the property of Nexus, without compensation. Nexus may use or redistribute any submission and its contents for any purpose, and has no obligation to review or keep any submission confidential. This policy is intended to avoid potential misunderstandings should any part of our business seem similar to your submissions. This Product may contain links to other Internet websites, product resources, and sponsors; however, links to and from the Product to third-party Products do not constitute an endorsement by us of any third parties, their products, or contents.

36. Legal Compliance:

You agree to abide by all laws, rules, and regulations applicable to the services you provide, your use of the service or product offered, and the conduct of your real estate business. This includes, but is not limited to, laws relating to taxes, data privacy, licensing requirements, and compliance with anti-discrimination and fair housing laws. Even though Nexus is not a party to any transaction, we may be legally obligated to provide information related to your services to comply with governmental requests related to investigations, litigation, or administrative proceedings, and we may choose to comply with such obligations at our sole discretion. For the duration of your agreement with Nexus, you and your Agents must hold all licenses required by your state to operate a real estate brokerage, including licenses to act as real estate brokers and real estate agents, as applicable. You represent and warrant that your execution, delivery, and performance under these Terms will not violate any law, statute, or governmental regulation; that you are and will remain in compliance with all relevant local, state, and federal requirements; that your brokerage will maintain sufficient insurance coverage to meet obligations created by this Agreement and by law; that you have read and understand the Real Estate Settlement Procedures Act (RESPA) and its implementing regulations; and that you will comply with the limitations outlined in RESPA and all other applicable laws when performing services under these Terms.

37. Indemnification and Liability:

You agree to defend, indemnify, and hold harmless Nexus, its affiliated companies, and their respective directors, officers, employees, and agents from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your breach of these Terms, your use of the Product, any content or information you submit, post, or transmit through the Product, your violation of any law or the rights of any third party, or any act or omission by you or your Agents in connection with Referrals. To the maximum extent permitted by applicable law, Nexus shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses. Nexus's total liability for all claims related to these Terms shall not exceed the greater of $100 or the amount you paid to Nexus in the six months prior to the action giving rise to liability. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability, or otherwise.

38. Term and Termination:

This Agreement shall remain in effect until terminated by either party according to the provisions below. Either party may terminate this Agreement with or without cause upon thirty (30) days' written notice to the other party, immediately upon written notice if the other party materially breaches this Agreement, or immediately if the other party becomes insolvent, files for bankruptcy, or ceases to do business. Upon termination of this Agreement, all licenses granted herein shall immediately terminate, you shall immediately cease use of the Product, and you remain responsible for all Service Fees owed for transactions completed during the Referral Coverage Period, even if they close after termination. The following provisions shall survive termination: Confidentiality, Indemnification and Liability, and any other provisions that by their nature should survive termination.

39. Dispute Resolution:

These Terms shall be governed by and construed in accordance with the laws of the state where Nexus's primary place of business is located, without regard to its conflict of law provisions. In the event of any dispute arising out of or relating to these Terms, the parties shall first attempt to resolve the dispute through good faith negotiations. If negotiations fail, the dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the city where Nexus's primary place of business is located. The arbitrator's decision shall be final and binding. Each party shall bear its own costs of arbitration, except that the arbitrator may award costs and attorneys' fees to the prevailing party. You agree to resolve disputes with Nexus on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

40. General Provisions:

You may not assign your rights or obligations under these Terms without Nexus's prior written consent. Nexus may assign its rights and obligations under these Terms without restriction. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, terrorism, riots, or war. Nothing in these Terms shall be construed as creating an employer-employee relationship, partnership, joint venture, or agency relationship between you and Nexus. These Terms constitute the entire agreement between you and Nexus regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral. The failure of Nexus to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

41. Notices In Writing:

All notices under these Terms shall be in writing and sent to Nexus at the address listed on the Product or by email to the designated contact, and to you at the email address you provided during registration. Nexus reserves the right to modify these Terms at any time; changes will be effective upon posting to the Product, and your continued use of the Product after such changes constitutes acceptance of the modified Terms. For questions about these Terms, please contact us at the provided contact information. By participating in the Nexus Referral Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

42. Disclaimers:

The product, platform, and service, including all content, software, functions, materials, data, and information made available on or accessed through the product, are provided on an "as is," "as available," and "with all faults" basis. To the fullest extent permissible by law, the Nexus Real Estate Parties and Third-Party Providers make no representations or warranties of any kind whatsoever, express or implied, for (A) the content, completeness, accuracy, reliability, suitability, or availability of the product or any information, products, services, or graphics contained therein; (B) the materials, information, and functions made accessible by the software used on or accessed through the product; (C) any products or services or hypertext links to third parties; (D) any breach of security associated with the transmission of sensitive information through the product or any linked product or service; (E) the uninterrupted, timely, secure, or error-free operation of the product; (F) the correction of any defects or errors in the product; (G) the absence of viruses or other harmful components from the product; or (H) the results that may be obtained from the use of the product. Further, the Nexus Real Estate Parties and Third-Party Providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus. The Nexus Real Estate Parties do not warrant that the functions contained in the product or any materials or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the product, including the server that makes it available, is free of viruses, malicious code, or other harmful components. The Nexus Real Estate Parties do not warrant or make any representations regarding the use or the results of the use of the product in terms of its correctness, accuracy, reliability, or otherwise. You acknowledge and agree that any transmission to and from this product is not confidential and your communications or user-contributed content may be read, intercepted, stored, or monitored by others. You further acknowledge and agree that by submitting communications or user-contributed content to us and by posting information on the product, including property listings, no confidential, fiduciary, contractually implied, or other relationship is created between you and us other than pursuant to these terms. You acknowledge and agree that you will not hold or seek to hold the Nexus Real Estate Parties or any Third-Party Provider responsible for the content provided by any user, including, without limitation, any translation, interpretation, or use thereof, and you further acknowledge and agree that the Nexus Real Estate Parties are not a party to any real estate transaction or other transaction between users of the product and have no control over or responsibility for any such transaction. Additionally, we have no obligation to verify the identity of any users of our product, nor do we have any obligation to monitor the use of our product by users. You acknowledge and agree that we provide the product as a platform for users to interact and that we are not responsible for user-contributed content or the activities of users, whether online or offline.  

43. Release; Indemnification:

In the event that you have a dispute with one or more other users of the product (including, without limitation, any dispute between users regarding any transaction, communication, or user-contributed content) or any Third-Party Provider or any third-party web product that may be linked to, from, or otherwise interact with the product, you hereby agree to release, remise, acquit, satisfy, and forever discharge each member of the Nexus Real Estate Parties, each of their respective agents, directors, officers, employees, representatives, attorneys, successors, assigns, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, including attorneys' fees and costs, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the product. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. You hereby agree to indemnify, defend, and hold harmless each member of the Nexus Real Estate Parties (collectively, the "Indemnified Parties") from and against any and all liability, claims, losses, damages, injuries or expenses (including attorneys' fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of or related to (A) your use of the product; (B) your violation of these terms; (C) your violation of any applicable law or regulation; (D) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; (E) any dispute otherwise relating to the business we conduct on the product (including, without limitation, any potential or actual communication, transaction, or dispute between you and any other user or third party); (F) any content posted, transmitted, or otherwise made available by you or on your behalf or posted by other users of your account to the product; (G) any use of any tool or service provided by a Third-Party Provider; (H) any use of a tool or service offered by us that interacts with a third-party web product; or (I) any breach by you of these terms or the representations, warranties, and covenants made by you herein. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you

44. Required Documentation at Closing:

44.1. Submission Process:

Send all information or closing documents via the Referral Transaction Tracker questionnaire or Nexus client portal. To ensure proper receipt and processing, please adhere to the following requirements:

  • Include the property address and client names when submitting the documents.

  • Submit closing documents in PDF format only.

  • Documents must include complete commission information.

  • If the HUD does not show the commission, you must send a copy of the check or payment confirmation from the title company.

  • Complete the incoming closed referral payment notification questionnaire for all referral transactions.

44.2. Required Documentation for Buy/Sell Transactions:

You must include one or more of the following documents:

  • MLS sheet (must be marked as "closed")

  • ALTA or Other Title Company Settlement Statement

  • HUD Statement

  • Loan Closing Disclosure

  • A post-closing disbursement statement signed by the title company, escrow agent, or closing attorney, provided it includes the gross commission.

  • A commission check copy combined with a CDA or unsigned settlement statement only if gross commission is clearly stated and no signed settlement statement is available.

The document must clearly show the following information:

  • Closing date

  • Sales Price

  • Brokerage/Agent Gross Commission (if the document you provide does not include the commission data, please include an additional third-party document to verify commission, such as an escrow letter stating the gross commission paid to Brokerage, or Brokerage commission check(s) showing gross commission)

Please note: we do not accept the following documents:

  • Disclosure of closing date, sales price, Brokerage gross commission on your company/Brokerage's letterhead

  • CDAs (Commission Disbursement Authorization) without an accompanying check or title document

  • Handwritten agreements

  • Internally created amendments or addendums

  • Screenshots or photos of documents

  • Encrypted or password-protected files

  • Commission checks without supporting documentation

  • CDAs without an accompanying check or title document

  • Order to Pay forms

44.3. Required Documentation for Leases/Rentals:

Please submit both items:

  • Lease Agreement/Rental Contract or MLS Listing sheet

  • Brokerage commission check(s) showing gross commission

44.4. No Commission Received Scenarios:

If the closing Agent did not receive any commission for assisting with a rental, please also submit one of the following:

  • An email or document from the leasing agency stating that there was no commission paid.

  • MLS Sheet showing no commission was paid.

  • A signed statement from the property owner or management company confirming no commission was paid.

44.5. Documentation Submission Deadlines:

All required documentation must be submitted within thirty (30) days of the closing date for buy/sell transactions and within fifteen (15) days for lease/rental transactions. Failure to submit documentation within these timeframes may result in delayed payment processing or forfeiture of commission.

44.6. Documentation Verification:

Nexus reserves the right to request additional documentation or clarification if the submitted documents are incomplete, illegible, or otherwise insufficient to verify the transaction details. All documentation is subject to review and approval by Nexus before any referral payments are processed.

44.7. Record Retention:

We recommend that you maintain copies of all submitted documentation for your records for a minimum of three (3) years or as required by applicable law, whichever is longer.

44.8. Commission Disputes:

In the event of any dispute regarding commission amounts or payment, the documentation submitted will be considered the authoritative record. Any discrepancies must be reported to Nexus within thirty (30) days of the closing date or within fifteen (15) days of receiving payment, whichever is later.

Fee Calculation and Payment Requirements:

45. Commission Calculation Guidelines:

45.1. Comprehensive Commission Inclusion:

The referral fee is based on the total gross commission paid to the brokerage, which includes but is not limited to:

  • Base commission

  • Administrative fees

  • Transaction coordination fees

  • Performance bonuses

  • Relocation incentives

  • Any other monetary compensation received in connection with the transaction

If your brokerage charged any administrative fees or received bonuses that were not included in the referral fee calculation, your account will remain in outstanding balance status until full payment is received. Failure to include all commission components may result in additional fees, interest charges, and potential suspension of referral privileges.

45.2. Documentation Requirements:

Required: You must submit the closing statement showing the complete Brokerage commission earned on the transaction. Without proper documentation, Nexus will:

  • Assume a standard Brokerage commission of 3% of the sale price

  • Calculate the referral fee based on this assumption

  • Require payment based on this calculation

To ensure accurate fee calculation:

  • Submit all closing documents through the incoming closed referral payment notification questionnaire or client portal.

  • Include clear documentation of all Brokerage commission components.

  • Provide supplementary documentation if the closing statement does not itemize commission details.

Acceptable supplementary documentation includes:

  • Copies of all Brokerage commission check(s)

  • Escrow letter stating the gross commission paid to the Brokerage

  • Settlement statement with commission breakdown

  • Broker's commission confirmation on company letterhead with official signature

To prevent calculation discrepancies:

  • Enter the correct gross commission amount into the client portal before the transaction close date.

  • Verify all commission components are included in your submission.

  • Maintain detailed records of all transaction-related payments.

45.3. Payment Processing:

Payment processing will be delayed if:

  • Required documentation is incomplete or unclear.

  • Commission calculations contain discrepancies.

  • Documentation does not meet the requirements specified in this agreement.

All payments must be received within 5 business days of closing. Late payments may incur a 1.5% monthly interest charge on the outstanding balance.

45.4. Participation Terms and Conditions:

45.4.1.Voluntary Participation:

The Brokerage's or Agent's participation in Nexus's referral service is voluntary and can be terminated by either party as follows:

  • By Nexus: At any time with written notice to you delivered by mail, email, or through the client portal.

  • By Broker/Agent: With 30 days written notice to Nexus.

Important: Any referrals made before such termination remain bound by this agreement, and referral fees (calculated per the above) will be due upon close of any transactions resulting from such referrals, regardless of when the transaction closes.

45.4.2. Service Level Commitment:

Nexus is committed to maintaining the highest standards of service quality. The following Service Level Requirements establish the minimum standards that all participating Agents must adhere to when interacting with Referred Clients.

46. Referral Service Level Requirements:

46.1. Communication Standards for Referred Clients:

46.1.1. Response Time Requirements:

Agents are expected to maintain prompt and professional communication with Referred Clients. During standard business hours, specifically between 9:00am and 5:00pm local time, Agents must respond to any client communication within one (1) hours. Outside of these hours, a response is required by 10:00am the following business day. For weekend communications, Agents must acknowledge receipt within four (4) hours during daylight hours (9:00am-5:00pm), or by 10:00am on Monday for communications received overnight.

46.1.2. Communication Methods:

To ensure accessibility, Agents must be available through multiple communication channels. This includes phone (both voice and text), email, client portal messaging, and video conferencing when requested by the client.

46.1.3. Status Reporting:

Maintaining transparency is crucial. Agents must provide Nexus with comprehensive status reports at key intervals. This includes within 48 hours of first contacting a Referred Client, after every significant client interaction, following every major change in transaction status, and weekly throughout the duration of the engagement until the transaction is completed or abandoned. Status updates must be sent via email to Nick@nexus.realestate and include the client name and property address, the current stage in the transaction process, a summary of recent communications, next steps and timeline, and any issues or concerns requiring attention.

46.1.4. Availability Management:

Agents must proactively manage their availability to ensure continuity of service. For planned vacations or extended absences, Agents must report these to Nexus at least 14 days in advance. The notification should include the exact dates of unavailability, contact information for the covering agent, and a handover plan for active clients. In case of unexpected absences, Agents must notify Nexus within 24 hours and provide coverage arrangements. All absence notifications must be sent via email to Nick@nexus.realestate.

46.1.5. Client Privacy and Communications:

Protecting client privacy is paramount. Agents are strictly prohibited from adding a Referred Client to any marketing, email, or calling lists without their explicit written consent. Nexus reserves the right to survey or contact the Referred Client at any point during or after the transaction to assess service quality. All client data must be handled in accordance with applicable privacy laws and regulations.

46.1.6. Service Continuity:

In the event that an Agent is unable or unwilling to assist a Referred Client for any reason, they must notify Nexus immediately at Nick@nexus.realestate, refer the client back to Nexus, provide a detailed explanation of the circumstances, and assist with a smooth transition to ensure the client receives uninterrupted service.

46.1.7. Client Freedom of Choice:

Agents acknowledge that Nexus is not obligated to provide any specific number of referrals and that clients have the freedom to choose their agent for any real estate transaction. Nexus may reassign clients if service standards are not met.

46.2. Client Support and Transaction Management:

46.2.1. Transaction Support Requirements:

Agents must provide comprehensive support to Referred Clients throughout the transaction process. This includes property evaluation and negotiation, conducting thorough market analyses and providing comparative market data, and recommending qualified local vendors for all transaction-related services, such as mortgage lenders, home inspectors, title companies, escrow services, home repair professionals, and moving companies. Agents are expected to utilize professional expertise to negotiate favorable terms on behalf of the Referred Client, attend all property viewings, inspections, and closing appointments, and provide detailed explanations of all documentation and processes.

46.2.2. Regulatory Compliance:

Maintaining regulatory compliance is essential. Agents must maintain all required licenses and certifications and comply with all applicable federal, state, and local laws, real estate regulations, ethical standards, anti-discrimination requirements, and disclosure obligations. All business must be conducted in accordance with the highest professional standards.

46.2.3. Transaction Milestone Reporting:

Agents must provide Nexus with timely updates on key transaction milestones. For transactions under contract, Agents must provide updates within 24 hours of offer acceptance, including contact details of the Title Officer, Escrow Officer, or Closing Agent, a copy of the executed purchase agreement, and the estimated closing date. For the inspection period, updates are required within 24 hours of inspection completion, including a summary of inspection findings and any renegotiation or repair requests. Financing milestones, such as loan application submission, appraisal completion, loan approval, and clear to close notice, must be reported within 24 hours of each milestone. Pre-closing updates, including confirmation of closing date, time, and location, the final settlement statement, and any last-minute issues or concerns, must be provided at least 48 hours before closing. Following the closing, Agents must provide confirmation of successful closing, the final settlement statement, commission breakdown, and referral fee payment confirmation within 24 hours of transaction closing. All milestone updates must be sent to Nick@nexus.realestate via email.

46.2.4. Closing Documentation Requirements:

Agents are responsible for sending or coordinating the delivery of the Final Closing Statement to Nexus within 24 hours of closing, confirming the closing details and final sale price, arranging for the payment of referral fees to Nexus at the time of closing, and ensuring all closing documentation is complete, accurate, and properly executed.

46.2.5. Payment Processing:

Referral fees must be paid directly from the closing/escrow company whenever possible. If direct payment is not possible, the Agent/Brokerage must remit payment within 3 business days of receiving commission. All payments must be accompanied by complete documentation.

46.2.5. Compliance and Quality Assurance:

Nexus reserves the right to audit transactions for compliance with these requirements. Agents who fail to meet these standards may be subject to remedial training requirements, probationary status, suspension of referral privileges, or termination from the referral program.

46.2.6. Performance Evaluation:

Agents will be evaluated based on client satisfaction scores, response time compliance, documentation accuracy and timeliness, transaction success rate, and adherence to all service level requirements. Top-performing agents will receive priority for future referrals, recognition in Nexus communications, and potential bonus incentives.

47. Summary & Fine Print:

47.1. Brokerage Responsibilities and Compliance:

The Brokerage is fully accountable for ensuring all its Agents maintain valid and current real estate licenses in every relevant jurisdiction. This means they must be legally authorized to conduct real estate transactions in the areas they serve. Furthermore, the Brokerage must adhere to all applicable federal, state, and local real estate laws, regulations, and ordinances. This includes, but is not limited to, proper disclosures to clients, accurate documentation, clear client communications, and responsible financial transactions. Essentially, the Brokerage is responsible for complying with all the rules and regulations that govern their professional conduct as defined by the relevant governing bodies.

47.2. Marketing Permissions:

The Brokerage grants Nexus permission to feature, promote, advertise, or market the Brokerage's and Agent's services, offerings, listings, achievements, and related content. This means Nexus can use the Brokerage's information on its digital platforms, physical marketing materials, advertising channels, social media, partner networks, and other marketing programs. Nexus will use its reasonable business judgment to determine how and where to feature this information. This allows Nexus to promote the Brokerage and Agent to potential clients.

47.3. Incorporation of Terms & Conditions and Privacy Policy:

The comprehensive Terms & Conditions and Privacy Policy published on Nexus.RealEstate are incorporated into this agreement by reference. This means that these documents are considered part of the agreement as if they were fully written out here. Nexus reserves the right to modify, amend, or replace these documents at its discretion, but will provide reasonable notice to the Brokerage and Agent through established communication channels. This ensures that everyone stays informed of any changes to the rules and policies.

48. Legal Dispute Resolution:

48.1. Recovery of Legal Expenses:

In the event of a legal dispute, controversy, claim, or disagreement between Nexus and the Brokerage or Agent, the winning party (as determined by the judge or arbitrator) is entitled to recover all reasonable legal expenses from the losing party. This includes attorneys' fees, legal expenses, expert witness fees, court costs, arbitration expenses, and other related litigation costs. This provision aims to ensure that the prevailing party is not financially burdened by the legal process.

48.2. Governing Law:

This agreement is governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. This means that any legal disputes will be interpreted and resolved according to Massachusetts law. The agreement specifically excludes any choice or conflict of law provisions that would apply the laws of another jurisdiction. This ensures consistency and clarity in legal proceedings.

49. Indemnification and Liability

49.1. Brokerage and Agent Responsibility:

The Brokerage and Agent are solely responsible for all real estate brokerage services, advice, guidance, representations, and professional judgments provided to Clients referred by Nexus. This means they are accountable for the quality and accuracy of their services.

49.2. Indemnification Agreement:

The Brokerage and Agent agree to defend, indemnify, and hold Nexus and its officers, directors, employees, affiliates, successors, and assigns harmless from any claims, demands, causes of action, judgments, damages, losses, liabilities, costs, and expenses (including legal fees) incurred by Nexus. This covers situations where: (i) Clients make claims about the Brokerage's services; (ii) the Brokerage or Agent breaches their obligations under this agreement; (iii) the Brokerage or Agent is negligent or engages in willful misconduct; or (iv) the Brokerage or Agent violates applicable laws, regulations, or professional standards. This protects Nexus from legal liability arising from the Brokerage's or Agent's actions.

50. Notices and Amendments

50.1. Communication Methods:

Notices, communications, and documentation must be in writing and delivered to the parties' email addresses specified in Exhibit A, or to alternative addresses designated in writing. Electronic delivery is effective upon sending, unless a delivery failure notification is received.

50.2. Agreement Amendments:

This agreement can be updated, modified, or amended with the mutual written consent of both parties, as evidenced by a formal written amendment signed by authorized representatives.

51. Comprehensive Dispute Resolution Addendum:

51.1. Mandatory Arbitration of Disputes:

This section mandates that any disputes between Nexus and the other party (you) will be resolved through binding arbitration, not through traditional court proceedings. This means you waive your right to a jury trial and participation in class action lawsuits. This applies to various disputes, including those related to services, classification status, compensation, discrimination, harassment, retaliation, and other aspects of your relationship with Nexus.

51.2. Detailed Notice of Disputes:

If either party wants to initiate arbitration, they must provide a written Notice of Dispute and a Demand for Arbitration. This notice must include detailed information about the dispute, such as names, addresses, descriptions of the claim, evidence, and requested relief.

51.3. Comprehensive Arbitration Procedures:

The arbitration will be governed by the Federal Arbitration Act (FAA) and will be administered by JAMS (Judicial Arbitration and Mediation Services). The proceedings will include discovery rights, and the arbitrator will issue a written decision explaining their findings.

51.4. Costs and Fees of Arbitration:

Nexus will cover the arbitration costs, except for a filing fee from you, which will be equivalent to the court filing fee for a similar claim, up to $250.00.

51.5. Class Action, Collective Action, and Representative Action Waiver:

Both parties waive their rights to participate in class action, collective action, or representative proceedings. This means disputes must be resolved individually.

51.6. Severability and Survival:

If any part of the arbitration agreement is deemed invalid, the rest of the agreement remains in effect. The provisions of this agreement survive the termination of your relationship with Nexus.

51.7. Complete and Integrated Arbitration Agreement:

This agreement is the complete and exclusive agreement on arbitration, superseding any prior agreements along with the Primary Agreement. It does not modify other substantive agreements, but it does govern dispute resolution procedures. It clarifies that there is no direct employment relationship with Nexus, and that services are provided through a third-party contractor.

52. California Disclosure Regarding Consumer Reports & Investigative Consumer Reports:

52.1. Overview:

This disclosure explains how Nexus Real Estate LLC obtains and uses consumer reports in connection with their referral program and services, in compliance with California law.

52.2. Investigative Consumer Reporting Agency:

Nexus Real Estate LLC ("Nexus" or "the Company") works with Evident ID, Inc. ("Evident"), located at 945 East Paces Ferry Rd NE, Suite 1700, Atlanta, GA 30326, to obtain investigative consumer reports.

52.3. Use of Consumer Reports:

By providing authorization, you acknowledge that reports obtained from Evident will be used exclusively for the referral program, marketing, or other services. These reports help determine if your employer or brokerage can assign you to projects referred through the program. Information in these reports is obtained through lawful means, including public documents. Investigations may include details about your character, reputation, personal characteristics, or mode of living, and may include criminal history checks for employment purposes specifically related to applications for the referral program.

52.4. Your Rights Under California Law:

Under California Civil Code § 1785 et seq and § 1786 et seq, you have the right to view your file at Evident during regular office hours. You may obtain a copy of your file by providing proper identification and paying applicable fees, either by certified mail or in person at Evident's offices with advance notice. You may also request a telephone summary of your file with proper identification and written request. Evident has trained personnel available to explain your file, including any coded information. When visiting Evident's offices, you may bring one person with you, provided they furnish proper identification. Information about Evident's privacy practices can be found at evidentid.com.

52.5. California Authorization for Reports

In connection with your brokerage or employer's application to participate in the referral program, marketing, or other services by Nexus, you authorize Nexus to request California investigative consumer reports about you from Evident. This authorization constitutes your consent for Nexus to perform a background check. You acknowledge receipt of this Authorization, the California Disclosure, and the San Francisco Fair Chance Ordinance Notice. You have the right to request a copy of any report Nexus obtains from Evident by checking the appropriate box in the Authorization form.

53. Federal FCRA Disclosure and Authorization

Nexus may obtain information about you from consumer reporting agencies for employment purposes, specifically for your company's application to the referral program or other Nexus services. These reports may contain information about criminal history, social security verification, and other permitted background checks. This authorization is all-encompassing, allowing Nexus to obtain reports throughout your business relationship and remains effective until revoked in writing.

54. State-Specific Information:

54.1. New York Applicants or Employees:

If Nexus obtains an investigative consumer report in connection with your employment application or continued employment, you have the right to request and receive a copy of this report by contacting Nexus Real Estate LLC at 205 River St, Haverhill, MA 01832. Upon request, Nexus will inform you whether a report was obtained and provide the name and address of the reporting agency. You acknowledge receipt of Article 23-A of the New York Correction Law, which outlines rights for individuals with prior criminal convictions.

54.2. Minnesota and Oklahoma Applicants or Employees:

If Nexus obtains a consumer report or investigative consumer report, you have the right to request a free copy. You can exercise this right by checking the designated box or notifying your Nexus representative directly. For additional information regarding your rights under state law, contact Nexus Real Estate LLC.

54.3. Oregon Applicants or Employees:

Oregon law provides specific protections regarding consumer identity theft. You have the right to receive detailed information about how Nexus stores, disposes of, and protects your credit information. If you suspect your consumer data has been compromised, you may request corrections or initiate legal claims. For more information about these protections, contact Nexus.

54.4. Washington State Applicants or Employees:

Under the Washington Fair Credit Reporting Act, you have the right to request a written summary of your rights and remedies from the consumer reporting agency. This summary outlines how to dispute inaccurate information and available legal remedies. For assistance, contact the consumer reporting agency directly or reach out to Nexus.

55. Roles and Responsibilities:

Nexus operates solely as a referral service and is not a party to any rental, purchase, or other agreement between agents and clients. Even though their platform facilitates interactions with customers and tracks transactions, all aspects of these transactions remain the sole responsibility of participating users.

Agents participate in the Nexus referral program on a non-exclusive basis. They must provide comprehensive real estate services, maintain reasonable brokerage fees, and cannot decline referrals based on price point. Participating agents must waive all additional fees such as administrative charges and MLS listing fees for Nexus clients. They cannot require preapproval documentation until after the first property tour and must provide complete disclosure documentation as required by law.

The program relies primarily on text messaging and portal-based communication. Agents who opt out of receiving texts will be removed from the program. Participants must maintain consistent communication by submitting detailed status updates every seven days and providing closing documents within fifteen days following transaction completion.

Nexus maintains complete ownership of all referrals, including associated intellectual property rights. When notified of available referrals, agents have 48 hours after acceptance to notify Nexus of duplicate clients or fee disputes. Agents who decline a referral must inform Nexus within two business days.

Client reassignments may occur upon request, with the original broker maintaining fee responsibility if the client completes a transaction with a new team member.

All participants must comply with service level requirements and relevant laws. Referral information may only be used for legitimate real estate services, not for marketing lists or sharing with third parties without explicit consent. Electronic signatures are considered legally binding for all purposes related to the agreement.

56. Financial Terms

Service fees of up to 40% of gross commissions apply, depending on lead type and current promotional programs. Specific fees are specified in each Referral & Marketing Agreement. These fees apply for twenty-four months following the referral and are not reduced due to other referrals, fees, or commissions owed to third parties.

57. Extension of Real Estate Referral Agreement:

This Agreement shall become fully binding, enforceable, and effective upon the proper execution and mutual acceptance of the Real Estate Referral Terms Agreement by authorized representatives of both parties. These Extended Terms are expressly incorporated by reference into, and form an integral extension and supplement of, the Real Estate Referral Terms Agreement ("Primary Agreement"). Such incorporation is legally permissible and effective due to the explicit language within the Primary Agreement acknowledging, referencing, and integrating these Extended Terms as part of the complete and comprehensive agreement between the parties.

By executing the Primary Agreement, each party expressly acknowledges, accepts, and agrees that these Extended Terms constitute additional binding conditions, responsibilities, obligations, covenants, representations, warranties, and legal considerations supplemental to those outlined in the Primary Agreement. Both parties confirm that their authorized representatives possess sufficient authority and legal capacity to enter into, execute, and legally bind their respective entities to these combined terms.

Upon execution, this Agreement, in conjunction with the Primary Agreement and any referenced policies, exhibits, attachments, or addenda, represents the entire, comprehensive, and exclusive understanding governing the referral relationship and obligations between the parties, superseding any prior or contemporaneous discussions, negotiations, or understandings, whether oral or written.

Nick Nahid https://nicknahid.com
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