Referral & Marketing Agreement
This agreement establishes a referral arrangement between Coldwell Banker Realty acting as referring broker on behalf of Nexus Real Estate Group LLC or Marketing With Nexus (“Nexus”) and you (“Brokerage”) as of the date agreed upon. Additional details about the parties are set forth in Exhibit A. This agreement aims to use plain English so both parties understand our arrangement.
By using or accessing Nexus.RealEstate, our software, or any mobile application for such Services and Products or portals (each referred to herein as the "Product"), you acknowledge and agree that you are subject to the following terms and conditions, as well
as our Privacy Policy (https://nexus.realestate/privacy-policy), which also governs your use of the Product, and is incorporated by reference (These Terms and Conditions with the Privacy Policy and the Referral & Marketing Agreement shall be referred to as the "Terms"). Please read these Terms carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than court. If you do not fully agree to these Terms and any other terms and conditions posted or linked to any Product, you are not authorized to access or otherwise use the product. Under these Terms, "use" or "access" of the Product specifically includes any direct or indirect access or use of the Product or any cached version of the Product. The Product is operated by Nexus Real Estate Group LLC. Unless otherwise specified, the entity controlling the Product you are accessing is referred to herein as "Nexus Real Estate Group LLC", "we," "us" or "our". We may refer to you, the Broker or agent, as "Partner", "Broker", "you" or a "user" of the Product.
You have all necessary rights, power, and authority and have taken all necessary action to enter into and perform its services in accordance with these Terms. Your entering into these Terms will not violate or conflict with the rights of any third party or with any service, employment, confidentiality, consulting, or other agreement to which you may be bound.
Definition of Agent
"Agent" means an appropriately licensed current or former employee or independent contractor of a Broker who may work with a real estate Referral as part of the referral program and marketing services by Nexus. Any reference to an Agent obligation in this Agreement is also binding on you. You and the Agent are jointly and severally responsible for the Service Fees. You represent that you will educate your Agents on the obligations set forth in these Terms.
Definition of Gross Commission
"Gross Commission" is defined as the amount that the Broker is eligible to receive as stated in the closing document including any fees and bonuses paid to you or an Agent and is calculated as that received by the Brokerage before any split of commission with the Agent or any other brokers on the Brokerage’s side of the transaction. Gross Commission also does not take into account any discounts or commission reductions you or an Agent may extend to a Referral. Gross Commission does exclude any commissions for other real estate settlement services such as title insurance.
Definition of Referral
Nexus matches renters, landlords, buyers, and sellers of real estate (“Clients”) with real estate Brokerages who can best serve their needs. A “Referral” is defined as when Nexus has recommended the Brokerage (or an Agent at the Brokerage) to the Client via text, phone, or email. After a referral, Nexus will attempt to introduce the Client to the Brokerage or Agent via phone, text, or email, but such an introduction is not necessary for a referral to be made. If the Brokerage has a pre-existing relationship with a referral, the Brokerage or Agent will reject the referral by email to Nexus within five (5) business days of the referral recommendation and/or introduction. Once Nexus has referred a Client to a Brokerage or a specific Agent at the Brokerage, the Client may not be re-assigned by that Brokerage or Agent to any other Brokerage, Agent, or team member without Nexus's prior written consent. Nexus may re-assign the referral at any time.
Other Definitions
Other terms that are specifically defined herein shall be ascribed to the same definitions whenever those terms are used in this Agreement.
Referral Fee
In consideration for referrals, the Brokerage or Agent agrees to pay Nexus a referral fee as follows:
A referral fee is triggered when a transaction closes within twenty-four (24) months of the date of the referral.
The referral fee shall be 35% of the Brokerage agent’s side of the Gross commission if the closing price is over $500,000.
The referral fee shall be 30% of the Brokerage agent’s side of the Gross commission is between $350,000 to $499,999.
The referral fee shall be 25% of the Brokerage agent’s side of the Gross commission is between $250,000 to $349,999.
The referral fee shall be 20% of the Brokerage agent’s side of the Gross commission is between $100,000 to $249,999.
The referral fee shall be 10% of the Brokerage agent’s side of the Gross commission is between $0 to $99,999.
If a Brokerage Agent represents both a buyer and seller on the same transaction where both parties are Nexus referrals, the referral fee will be 30% of the total gross commission.
If a Brokerage Agent represents a client referred by Nexus in multiple transactions within twenty-four (24) months of the date of the referral, the 30% referral fee will apply to these additional transactions. No fee shall apply to transactions after the twenty-four (24) month period.
After the signing of a contract for a transaction resulting from a referral, the Brokerage will promptly notify Nexus via the Nexus client portal or app and indicate the expected closing date.
The Brokerage Agent will have the resulting referral fee paid from escrow or by the Brokerage or agent within fifteen days of closing and give Nexus an incoming closed referral payment notification ahead of time through our Nexus client portal, app, or through our questionnaire.
The Brokerage Agent must give updates on the referral client every 7 days on the Nexus client portal or app.
The Product Is A Service And We Are Not A Party To Any Transaction Between You, An Agent, And Clients
We are not a party to any rental, purchase, or other agreement between you and customers or clients. This is true even if the Product allows you to interact with customers or clients, set appointment times, and track transaction progress. As a result, any part of any actual or potential transaction between you and customers or clients, including the quality, condition, safety, or legality of a property, the truth or accuracy of a listing, is solely the responsibility of each user.
Referral & Marketing Participation Requirements; Use Of Broker's Trademark
You and your designated Agents shall participate in the referral program and marketing services by Nexus on a non-exclusive basis for the purpose of assisting Referrals with real estate transactions. You and your Agents agree to provide Referrals with services that may include:
Placing a Referral's home on the multiple listing service and/or other listing databases in which you and/or your Agents participate.
Helping Referrals find a suitable property to purchase or lease.
Helping Referrals to rent or sell the property.
By participating in the referral program and marketing services by Nexus and accepting Referrals, you and/or your Agents agree to and understand:
Charge a reasonable real estate brokerage fee for the particular geographic area;
If you choose not to receive text messages from the referral program and marketing services by Nexus, we will be unable to move forward with your application as most of our Referral Program communication is via our portal and text. If you opt out of receiving texts in the future, you will be removed from the referral program and marketing services by Nexus;
You agree to refrain from declining referrals from Nexus based on price point, our referrals will fluctuate in price throughout the year depending on customer demand, market conditions, and our brokerage agents’ capacity;
You agree to not charge additional fees to Nexus referral clients, our Referral Referral & Marketing Program is committed to providing the best customer experience, and that means waiving administrative, transaction, MLS, or similar fees for Nexus Referral Customers;
You agree not to require preapproval until after the first tour, we consider every referral an opportunity and aim to eliminate barriers for Nexus customers excited about touring a new listing. Referral & Marketing Program Agents are not permitted to initiate the conversation in regards to financing until after their first meeting with a Nexus customer;
Provide the Referral with any disclosures that are required by law including, if necessary, the fact that you are paying a Service fee to Nexus if the Referral completes and funds a real estate transaction; and
Maintain the confidentiality of the Referral's information whether provided by Nexus or the Referral a) to the extent required by Title V, Subtitle A of the Gramm-Leach-Bliley Act, 15 U.S.C. SS 6801 et seq. and any of its amendments; b) to the extent required by any other law or regulation; and c) to the extent required by Nexus's Privacy Policy (https://nexus.realestate/privacy-policy).
You understand and agree that you, through your Agents, will be the only party to provide brokerage services to the Referrals. Nexus's responsibility is to provide you and your Agents with contact and background information about the Referral and to monitor your and your Agents' delivery of brokerage services to those Referrals. You understand that Nexus does not have any responsibility to provide brokerage services to Referrals.
As a Network participant, you and your Agents may receive access to certain Referrals with the understanding that, because of its proprietary matching algorithm, Nexus cannot make any guarantees regarding the number of Referrals, the quality of Referrals, or the frequency of Referrals that you and your Agents may receive.
You and your Agents acknowledge and agree that the satisfaction of Referrals is an integral part of the success of the referral and marketing network. As such, it is important that you and your Agents keep Nexus informed about the current status of all Referrals and quickly investigate any cause of Referral dissatisfaction. If a Referral determines that you and/or your Agents are unable to provide satisfactory service, then you and/or your Agents shall notify Nexus immediately. Nexus may ask you and/or your Agents to stop working with the Referral or request other reasonable actions on the part of you and/or your Agents to ensure Referral
satisfaction. In the event you and/or your Agents transfer the Referral to another broker or agent of its own volition, the relevant Service Fees will still be owed as further explained below. You and your Agents shall keep Nexus updated on the status of the Referral's real estate transaction by submitting Referral comments at least as frequently as every seven (7) days in
the Product. This reporting will include information that helps Nexus track initial Referral contact, information regarding pending offers, accepted contracts, and closing dates. Upon closing a real estate transaction with a Referral, you and your Agents agree to provide Nexus with the required closing documents expressed below no later than fifteen (15) days following the close.
You grant to Nexus a limited, non-exclusive, royalty-free, worldwide, fully paid-up license to use Broker's name, logo, and tradename solely to identify Broker as a Nexus referral or marketing partner and customer. You represent and warrant that the use of Broker name, logo, and trademark does not and will not violate or infringe upon any patent, copyright, privacy, publicity, trademark, service mark, or any other intellectual property right of any third party. You agree to provide disclosures to any third party upon our request.
Referral Ownership
Nexus owns all rights, title, and interest (including, without limitation, all copyrights, trade secrets, patents, trademarks, and any other intellectual property or proprietary rights) in and to any Referrals. As part of its participation in the network, Nexus agrees to try and connect you and your Agents with Referrals to determine if real estate services can be provided.
As the owner of the Referrals, Nexus retains the right to use the Referrals and Referral data as it deems fit including copying, licensing, sublicensing (through multiple tiers), adapting, distributing, displaying, reproducing, transmitting, modifying, selling, contacting and editing the Referrals.
Referral Acceptance
When Nexus informs you and or your Agents that a Referral is available, your Agents will be given the opportunity to accept or decline the Referral. You acknowledge and affirm that the Agent has the authority to accept a Referral on your behalf. If an Agent accepts the Referral, Nexus will issue a Referral Agreement (the "Referral Agreement"). You and/or an Agent will have forty-eight (48) hours from acceptance of a Referral to notify Nexus if it is duplicative with an existing client or if you do not agree to the Service Fee outlined in the Referral Agreement and subsequently reject the Referral. Following the expiration of the forty-eight-hour period, the Referral will be deemed accepted by you and the applicable Agent (the "Referral Acceptance Date").
Refusal Of Referral
If the Recipient Broker/Agent decides not to work with the Referred Client and chooses not to pay the referral fee specified in this agreement, they must inform Nexus within two business days of receiving the referral. If Nexus is not properly informed of the refusal within this timeframe, and if the Referred Client engages in a transaction with the Recipient Broker/Agent later, the referral fee will be applicable.
Guaranteed Display Referral Fee Waivers
Recipient Brokers/Agents participating in Nexus’s Guaranteed Display paid program receive certain benefits. If a transaction originates from a lead during the period and in the zip code where the Recipient Broker/Agent is an active Guaranteed Display sponsor, the referral fee is reduced to 30%. If Nexus did not facilitate an appointment between the Referred Client and the Recipient Broker/Agent, the referral fee is waived entirely. To be eligible for this waiver, the Recipient Broker/Agent must update the Referral Status in the Nexus Agent Portal to indicate the property has been listed before Nexus sets an appointment.
Assignments
Upon request from either the Referred Client or Recipient Broker/Agent, Nexus will facilitate the reassignment of the Referred Client to another agent. The original Recipient Broker will be responsible for the referral fee if the Referred Client completes a transaction with the new Recipient Agent or their team member.
Service Levels
The service level requirements will be outlined in the Nexus Referral Service Level Requirements, and the Recipient Broker agrees to comply with these requirements as set at the time of the referral.
Use Of Referral Information
The Recipient Broker/Agent agrees to use the referral information provided by Nexus solely for real estate services. They must not add the Referral’s email or contact information to any marketing lists or share it with third parties without the Referred Client's written consent.
Compliance With Laws And Authority
Each party agrees to adhere to all relevant laws, rules, and regulations in representing a referral. They also confirm their authorization to enter into this agreement and fulfill its obligations. Every person signing this agreement on behalf of an entity asserts they have the authority to bind that entity.
Complete Agreement; Amendments
This document represents the full agreement between the parties regarding the matters discussed. Any amendments must be in writing and signed by all involved parties.
Counterparts; Electronic Signatures
Electronic signatures are considered equivalent to original signatures for the purposes of this agreement and are legally binding.
Attorney Fees
In case of legal action to enforce this agreement, the prevailing party will be entitled to reasonable attorney fees and costs as determined by the court. The prevailing party is the one entitled to recover its litigation costs, regardless of whether the case reaches a final judgment.
Limited License To Use The Product
Users are granted a limited, revocable non-exclusive license to access the Product and the content and services provided on the Product solely for the purpose of accepting leads, tracking leads, communicating with Nexus and/or leads, and other related services as permitted by Nexus and in accordance with the Terms. Any use of the Product that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
Unauthorized Uses Of The Product
The license to use the Product only extends to the uses expressly described herein. The license to use the Product granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display, or any derivative use of the Product nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission.
The Product and all content and information on the Product are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any copyright notices, information, or restrictions contained in or relating to any content on the Product. Copying, storing, or otherwise accessing the Product or any content on the Product other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without prior written permission from us. As part of tracking a real estate transaction, you may download, display and/or print one copy of any portion of the Product. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Product that you desire to download, display or print.
Software Available in the Product
The Product is controlled and operated by Nexus or an affiliate of Nexus in the United States. Software available in the Product (the "Software") is subject to United States export controls. No Software available in the Product or software available may be downloaded or otherwise exported or re-exported (i) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By using the Product, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Service Fees
You agree to pay Nexus a percentage of the Gross Commissions (the "Service Fees") for client-side real estate brokerage services and real estate agency services on any real estate transactions (including leases and subsequent lease commissions on a property sold) involving the Referral for a period of twenty-four (24) months following the Referral (the “Referral Coverage Period”). The specific Service Fee charged will be up to 35% depending upon the type of lead and any promotional programs currently in effect at the time of the Referral. Said Service Fee will be specified in each Referral & Marketing Agreement.
The Service Fees owed to Nexus are not impacted, reduced, or waived due to any other referral, fee, commission, or other payment that you or an Agent may owe to another third party based on a Referral's real estate transaction.
You agree that all Service Fees will be paid within fifteen (15) days of transaction closing and funding by a company check, ACH, or wire transfer. If you are delinquent in paying Nexus Service Fees owed as part of that product, Nexus reserves the right to no longer send Referrals to you regardless of whether you may be current on any Service Fees owed outside products or services from Nexus.
Transfer of Referrals; Transfer of Agents
Should you or an Agent transfer the Referral to another broker or agent and should that broker, or agent, enter into any real estate transaction with the Referral during the Referral Coverage Period, you shall pay to Nexus the respective Service Fee as if you and/or you Agent had directly participated in the real estate transaction.
The Service Fees are tied to the Referral. The obligation for you to pay Service Fees under these Terms is not subject to an Agent's continued employment or contractor relationship with you and is not waived, forgiven, or nullified upon the termination of such relationship. Should an Agent enter into a real estate transaction with a Referral during the Referral Coverage Period, you and the Agent will be jointly and severally responsible for the respective Services Fees attached to that Referral.
If you create a new brokerage and take a Referral with you to your new brokerage, you still owe us the Service Fees. If you sponsor or transfer an Agent from another brokerage to your brokerage, you agree to be responsible for payment of Service Fees to Nexus for Referrals to said Agent before joining your brokerage.
You affirm that you understand your obligations as outlined in this Section.
Confidentiality
Each party will maintain the confidentiality of any information that is received from the other party and is confidential ("Confidential Information").
Confidential Information includes, without limitation, (a) the information constituting the Referral, including nonpublic personal information of any consumer, and (b) other information that is subject to privacy or confidentiality restrictions under Title V, Subtitle A of the Gramm- Leach-Bliley Act, 15 U.S.C. SS 6801 et seq. and any of its amendments; (c) other information that is subject to privacy or confidentiality restrictions under any other law or regulation; (d) other information that is subject to privacy or confidentiality restrictions under a party's privacy policy; and (e) nonpublic information that (i) a party designates as being confidential (ii) under the circumstances surrounding disclosure should be treated as confidential, or (iii) by reason of its nature would be treated as confidential by a reasonable person.
Confidential Information includes, without limitation, information in the tangible or intangible form relating to and/or including a party's business policies, trade secrets or practices, financial data, customer data, and information received from third parties that a party is obligated to treat as confidential.
Neither party shall use the other party's Confidential Information except as permitted by these Terms. Each party shall hold the other party's Confidential Information in confidence, and shall not disclose such Confidential Information to any persons other than those employees and/or agents who have a business-related need to have access to such Confidential Information in furtherance of the limited purposes of these Terms and who have been apprised of, and agree in writing to maintain, the confidential nature of such information in accordance with these Terms. Each party shall be responsible for the breach of this Agreement by any of its employees and/or agents.
Your Email Address, Phone Number, and Data; Our Privacy Policy; Data Transmittal
When you provide your e-mail address, phone number, name, or other information to us in connection with your use or access to the Product, any service or tool provided in the Product, or otherwise, you agree to allow the Nexus to add your e-mail address, phone number, name or other information provided to our database of users. You may receive one or more promotional e-mails from either Nexus or Nexus affiliates.
By providing your mobile phone number, you consent to receive text messages from Nexus sent by an automatic telephone dialing system. Text messages will include referrals but also product updates, training and educational materials, and other information that Nexus believes to be ancillary to your participation in the Nexus referral or marketing program. You understand that message and data rates may apply.
Please review our Privacy Policy (https://nexus.realestate/privacy-policy), for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Product signifies your acknowledgment of, and agreement with, our Privacy Policy (https://nexus.realestate/privacy-policy). We adhere to strong principles of privacy. You agree that we may access and use your user-contributed content in accordance with these Terms or our Privacy Policy (https://nexus.realestate/privacy-policy), and we agree that we will only disclose your user-contributed content in accordance with these Terms and our Privacy Policy (https://nexus.realestate/privacy-policy).
To the extent applicable for the activities contemplated under these Terms, you will comply with all privacy and security laws to which it is subject, and will not, by act or omission, place Nexus in violation of any applicable privacy or security law. You represent that your brokerage's privacy policy is consistent with, and in any case no less stringent than, Nexus's Privacy Policy, particularly regarding the use and protection of data.
Limitations on Communications And Use Of Other Users' Information; No Spam
You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Product or any Product-related communication, transaction, or software, we have granted you a license to use such information only for: (i) Product-related communications that are not unsolicited commercial messages, (ii) using services offered through the Product, and (iii) inquiring about a transaction between you and the other user related to the purpose of the Product. Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Product user, even a user who has used your services, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Product to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.
Unsolicited Ideas And Feedback
From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, websites or tool enhancements, processes, materials, marketing plans, or new product names. We are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions, or other works ("Submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies, or marketing strategies, seems similar to any of your submissions. If you provide any submissions to us, you agree that: (i) your submission and its contents will automatically become the property of Nexus, without any compensation to you; (ii) Nexus may use or redistribute any such submission and its contents for any purpose and in any way; (iii) there is no obligation for Nexus to review any submission; and (iv) there is no obligation to keep any submission confidential.
Links To Third-Party Products And Websites
This Product may contain links and pointers to other Internet websites, product resources, and sponsors. Links to and from the Product to other third-party Products, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party products, or the contents thereof.
Legal Compliance; Representations And Warranties
You agree to be responsible for and agree to abide by, all laws, rules, and regulations applicable to the services you provide, and your use of the service or product offered. You further agree that you are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the conduct of your real estate business, including but not limited to any laws, rules, ordinances, regulations, or other requirements relating to taxes, data and privacy, license requirements, and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any transaction, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information related to your services in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
For the duration of the term of the agreement between you and Nexus, you and your Agents must hold all of the licenses that are required by the state your real estate brokerage business is located in, including without limitation licenses to act as real estate brokers and real estate agents as applicable. You and your Agents will comply with all applicable laws and regulations in performing its services, including without limitation the limits and restrictions on payments for referrals for other real estate settlement services.
You represent and warrant that the execution, delivery, and performance by you under these Terms and the applicable agreement with Nexus will not violate any law, statute, or other governmental regulation and that it is in compliance and will continue to comply with during the term of the agreement all relevant local, state and federal requirements. You warrant that your brokerage will maintain sufficient insurance coverage to enable it to meet its obligations created by this Agreement and by law.
You represent, acknowledge, and agree that you have read and understand the Real Estate Settlement Procedures Act, 12 U.S.C. & 2601 et seq., and its implementing regulations, 12 CFR § 1024.1 et seq. (collectively, “RESPA”) and all other applicable laws and regulations relating to these Terms and your performance hereunder. You agree to comply with the limitations outlined in RESPA and all other applicable laws when performing services under these Terms.
Limitation Of Liability
IN NO EVENT WILL NEXUS, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, THE "NEXUS REAL ESTATE GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY PRODUCT OF A MEMBER OF THE NEXUS REAL ESTATE GROUP (EACH A "THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR PRODUCT, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, OR (D) USE OF THE PRODUCT, TOOLS OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE PRODUCT, BY YOU OR ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE PRODUCT, YOU DO NOT AGREE WITH ANY PART OF THE TERMS OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE 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. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE NEXUS REAL ESTATE GROUP, TO YOU OR ANY
THIRD-PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
Disclaimers
THE PRODUCT, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PRODUCT, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE PRODUCT OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE PRODUCT,
FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PRODUCT OR ANY LINKED PRODUCT, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE PRODUCT OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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 OR INTERCEPTED 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 ANOTHER 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 US OR ANY THIRD- PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY REAL ESTATE TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE PRODUCT.
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 OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEB PRODUCT THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE PRODUCT, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE NEXUS REAL ESTATE GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, 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, 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 SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE NEXUS REAL ESTATE GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE PRODUCT OR 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),
ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE PRODUCT, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD-PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEB PRODUCT, OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES, AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS FEES, AND COSTS. 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 AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
General
To Contact Us for any reason, users can visit www.Nexus.RealEstate.
All sections survive any termination of the agreement between you and Nexus. You and Agent affirm that the payment obligations outlined in Sections above shall survive any termination of the agreement between you and Nexus and shall continue until the expiration of any applicable Referral Coverage Period.
These Terms are governed by the Federal Arbitration Act, 9 U.S.C. & 1 et seq. ("FAA"), AAA Rules, federal arbitration law, and for U.S. residents, the laws of the state in which you reside (as determined by the billing address you have provided us), without regard to conflict of laws principles. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law.
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relations is intended or created by these Terms or your use of the Product. You are required to pay all applicable taxes including federal and state income tax on any fees that are paid to you by a Referral. You are also responsible for all expenses and payments related to activities detailed within these Terms including compensating your Agents.
Except as explicitly stated otherwise, any notices to us shall be given by postal mail to: Nexus Real Estate Group, Attn: Legal Department, 205 River St, Haverhill, MA 01832. When we need to send you to notice, it will be sent to the email address you provide in the Product during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid, and return receipt requested, to any physical address provided to us during the registration process or as later updated in your account (if applicable). Notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
We may change, suspend or discontinue any aspect of the Product at any time, including the availability of any Product features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Product without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective before such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Product by the indication of the last amendment date at the top of these Terms and will be effective immediately. When users renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.
We also reserve the right, in our sole discretion and from time to time, to offer programs, products, or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Product with respect to such a special program is governed by these Terms together with the terms and conditions of such program, product, or service. We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any user. Any such terms and conditions will not be enforceable unless specifically agreed to by us.
We do not separately file the Terms entered into by each user of the Product. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer. We may immediately terminate any user's access to or use of the Product due to such user's breach of these Terms or any other unauthorized use of the Product. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action concerning a breach by you or others does not waive our right to act with respect to such breach or any other breach.
No waiver of any term, condition, or obligation of these Terms will be valid unless made in writing and signed by the party to which such performance is due. No failure or delay by any party at any time to enforce one or more requirements under these Terms will (a) constitute waiver of such requirement (or any subsequent requirement) or (b) preclude such party from requiring performance by the other party of such requirement at any later time. In the event any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of these Terms will remain in full force and effect. The parties further agree that in the event such provision is an essential part of these Terms, they will begin negotiations for a suitable replacement provision.
These Terms constitute the entire agreement between us and you with respect to the matters set forth herein and supersede any prior agreement between us and you with respect to your use of the Product. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Product, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. We may assign these Terms at our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us at our sole discretion.
Required At Closing
Send all information or closing documents on the incoming closed referral payment notification questionnaire or client portal. To ensure receipt, please:
Include the address and client names when submitting the documents
Submit closing documents in PDF format. Documents must include complete commission information. If the HUD does not show the commission, you can 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.
What To Submit:
For Buy/Sell Transactions:
You must include one or more of the following documents:
MLS sheet (must be “closed”)
ALTA or Other Title Company Settlement Statement
HUD Statement
Loan Closing Disclosure
The document must 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)
Handwritten agreements
Internally created amendments or addendums
For Leases/Rentals:
Please submit both items:
Lease Agreement/ Rental Contract or MLS Listing sheet
Brokerage commission check(s) showing gross commission
No Commission Received?
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
Make Sure:
You include all commissions in your fee calculation:
The referral fee is based on the gross commission paid to the brokerage, which includes administrative fees and bonuses. If your brokerage charged an administrative fee or received a bonus and did not include it in the referral fee calculation, there will be an outstanding balance on your account until full payment is received.
You sent the closing statement showing the Brokerage commission earned on the sale:
Nexus assumes a Brokerage commission of 3% if the Agent or Brokerage does not indicate otherwise. Sending all closing documents to the incoming closed referral payment notification questionnaire or client portal with Brokerage commission data will allow us to recalculate its fee to the correct amount. If the closing statement does not list commission, please provide a copy of the Brokerage commission check(s) or an escrow letter stating the gross commission paid to the Brokerage. In order to avoid this issue in the future, please make sure to enter the correct gross commission amount into the client portal before the close date of the transaction.
Check your documents:
We cannot properly apply for your payment until we have received and processed the closing documents. Please reference the closing documents instructions to make sure you’ve met all of the requirements.
Voluntary Participation
The Brokerage's or Agent's participation in Nexus's service is voluntary and can be terminated by Nexus at any time with written notice to you by mail. However, any referrals made before such termination are still bound by this agreement, and referral fees (calculated per the above) will be due upon close of any transactions resulting from such referrals.
Referral Service Level Requirements
These Service Level Requirements are established to set the minimum standards that the Agent must adhere to when interacting with Referred Clients. Any capitalized terms not defined in this document are to be understood as defined in the Agreement.
Service Requirements for Referred Clients
A. The Agent is required to respond to any communication from a Referred Client within two hours if it is received between 9:00am and 5:00pm local time. For communications outside these hours, a response is required by 10:00am the following day.
B. The Agent must update Nexus with status reports within 48 hours of first contacting a Referred Client and after every major change in status until the transaction is completed or abandoned. These updates should be sent via email to Nick@nexus.realestate.
C. Any vacations or extended absences must be reported to Nexus, including the duration, through an email to Nick@nexus.realestate.
D. The Agent is prohibited from adding a Referred Client to any email or calling lists without their explicit consent.
E. Nexus.RealEstate reserves the right to survey the Referred Client at any point.
F. If the Agent is unable or unwilling to assist a Referred Client, they must refer the client back to Nexus and notify Nexus at Nick@nexus.realestate.
G. The Agent acknowledges 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.
Customer Support and Transaction Closure
A. The Agent must support the Referred Client in evaluating and negotiating real estate purchases or sales, including:
i. Providing the Referred Client with recommended local vendors for facilitating the sale;
ii. Assisting the Referred Client throughout the transaction, adhering to the applicable standard of care;
iii. Utilizing professional expertise to negotiate on behalf of the Referred Client for purchasing or selling property;
iv. Complying with all relevant laws, statutes, ordinances, rules, regulations, and orders related to this Agreement.
B. The Agent must provide Nexus with the contact details of the Title Officer, Escrow Officer, or Closing Agent within 48 hours of an offer acceptance. This information should be sent to Nick@nexus.realestate via email.
C. The Agent is responsible for sending or coordinating the delivery of the Closing Statement to Nexus within 48 hours of closing. They must also confirm the closing and arrange for the payment of referral fees to Nexus by the Closing Agent at the time of closing. Closing updates should be communicated to Nexus via email to Nick@nexus.realestate.
Summary & Fine Print
The Brokerage is responsible for ensuring its Agents maintain their real estate licenses and for following all applicable real estate laws regarding disclosures, documentation, and other Brokerage responsibilities.
Allow Nexus to feature, promote, or advertise your services or offerings on behalf of the Agent and brokerage on our assets or other platforms or programs.
Terms & Conditions and Privacy Policy on Nexus.RealEstate applies and is subject to change.
In the unlikely event of a legal dispute between Nexus and the Brokerage or Agent, the prevailing party will be entitled to recover its attorneys’ fees and costs from the other party. This Agreement will be governed by Massachusetts law, without regard to its conflict of laws provisions.
The Brokerage or Agent is responsible for the real estate brokerage services provided to the Clients. The Brokerage or Agent agrees to indemnify and hold Nexus harmless from any claims, costs, and damages incurred by Nexus arising from claims by Clients regarding the Brokerage services are provided by the Brokerage.
The referral fee shall be 35% of the Brokerage agent’s side of the Gross commission if the closing price is over $500,000. The referral fee shall be 30% of the Brokerage agent’s side of the Gross commission is between $350,000 to $499,999. The referral fee shall be 25% of the Brokerage agent’s side of the Gross commission is between $250,000 to $349,999. The referral fee shall be 20% of the Brokerage agent’s side of the Gross commission is between $100,000 to $249,999.The referral fee shall be 10% of the Brokerage agent’s side of the Gross commission is between $0 to $99,999.
Any notices between Nexus and the Brokerage or Agent are to be sent to the email addresses in Exhibit A unless such address is changed in writing. This agreement may be updated from time to time upon signature by both parties of a written amendment.
Dispute Resolution Addendum
Please read this agreement carefully. It requires the use of binding individual arbitration to resolve disputes rather than jury trials or class actions.
1. Arbitration Of Disputes:
Nexus Real Estate Group LLC (“Nexus”) and you agree to arbitrate all disputes and claims between us that arise out of or relate in any way to any services that you render for the direct or indirect benefit of Nexus, except for claims or disputes expressly excluded from arbitration under applicable law. This agreement to arbitrate is intended to be broadly interpreted and includes, for example:
claims brought under any legal theory (including, but not limited to, claims for fraud; misrepresentation; promissory estoppel; breach of contract; dual or joint employment status; misclassification; non-payment of compensation or wages; entitlement to benefits or equity rights; tort claims; and claims under any federal, state, or municipal statutes, regulations, or ordinances);
claims for mental or emotional distress or other emotional/mental injuries;
claims that arose before you first entered into this agreement with Nexus (such as claims related to advertising or disclosures); and
claims brought by or against our respective subsidiaries, parent companies, members, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and Nexus.
We agree that, by entering into this arbitration agreement, we are each waiving the right to a trial by jury. We further agree that the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution Agreement. You and Nexus understand that arbitration is a speedy, cost-effective procedure for resolving disputes and have entered into this Agreement in the anticipation of gaining the benefit of this dispute resolution procedure. This Agreement is supported by our mutual promises to submit any claims against the other which are covered by this Agreement to final and binding arbitration, rather than to have them decided in court before a judge or jury. This arbitration agreement does not bar you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Nexus on your behalf. However, any dispute or claim that is covered by this Agreement but not resolved through the federal, state, or local agency proceedings must be submitted to arbitration in accordance with this Agreement.
2. Notice Of Disputes:
If either of us intends to seek arbitration of a dispute, that party must provide the other with notice and a demand for arbitration in writing. The notice to Nexus should be sent to our legal office for service of process, at the following address:
Nexus Real Estate Group LLC
205 River St
Haverhill, MA 01832
(If you prefer to provide notice in a state other than Massachusetts, then you may find alternative addresses by searching for Nexus Real Estate Group LLC on the website for the applicable Secretary of State). Your notice to Nexus must (a) provide your name, mailing address, email address, and, if applicable, your Nexus @ Work Account ID(s); (b) describe the dispute, and (c) set forth the relief requested. Nexus will send notice to you (including the same foregoing information as applicable) at the e-mail and mailing addresses associated with your account.
3. Arbitration Procedures
The arbitration will be governed by the Federal Arbitration Act (“FAA”) and the procedural law applicable to arbitration agreements in the state in which you render services, and administered by JAMS in accordance with its Employment Arbitration Rules and Procedures (“JAMS Rules”), as modified by these terms. The JAMS Rules are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. If JAMS is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute arbitration provider. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration (but not the arbitrator’s decision itself) shall be maintained as confidential.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All issues are for the arbitrator to decide, except that only a court of competent jurisdiction may decide issues relating to the scope and enforceability of this arbitration agreement or the arbitrability of disputes (including, but not limited to, the scope and enforceability of the class action waiver set forth above). The arbitrator is not bound by rulings in other arbitrations in which you are not a party. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.
4. Costs Of Arbitration:
Nexus will pay all JAMS filing, administrative, and arbitrator fees except, with regard to any arbitration that you commence, you shall be responsible for contributing an amount equal to the filing fee necessary to initiate a claim in a court of general jurisdiction in the state in which the arbitration takes place.
5. WE AGREE THAT WE ARE WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE
This class or collective action waiver shall not apply to representative actions asserted under California’s Private Attorneys’ General Act (“PAGA”) to the extent applicable law does not permit PAGA waivers, in which case we agree that the representative PAGA action may proceed in court, but (i) any and all other claims or elements of a claim must first be resolved by binding arbitration hereunder; and (ii) in no event may a PAGA representative action proceed in arbitration.
IN ANY EVENT, WE AGREE THAT ANY ARBITRATOR SHALL ONLY HAVE AUTHORITY HEREUNDER TO DECIDE CLAIMS ASSERTED ON AN INDIVIDUAL BASIS, AND NOT CLAIMS BROUGHT AS A PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim without affecting other individuals or entities.
If a court decides that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief and orders that class action, collective, or representative action should proceed on that particular claim, then in no event will any class, collective, or representative action proceeds in arbitration, but that claim (and only that claim) may be severed from the arbitration and may be brought in court.
6. Severability:
Except as specified in Section 5 above, if any provision of this Dispute Resolution Agreement is found to be unenforceable by a court of competent jurisdiction, then the unenforceable term or portion thereof shall be severed from this Agreement, but the remaining provisions shall be preserved with full force and effect.
7. Complete Agreement Regarding Arbitration:
This Agreement contains our complete agreement regarding the arbitration of disputes and supersedes any and all prior representations and agreements entered into between us, if any, regarding arbitration applicable to any services that you render for the direct or indirect benefit of Nexus. This Agreement in no way serves to supersede or modify any other agreements between us, other than with regard to the arbitration of disputes applicable to services rendered by you (including any user agreements or other written agreements that may have been entered into between us).
Notwithstanding the foregoing, you acknowledge that you have no employment relationship with Nexus, but that any services you provide that directly or indirectly benefit Nexus are pursuant to Nexus's contractual relationship with a third party entity (the “Contractor”), with which you have a direct service relationship (as an employee, contractor, or otherwise). In the event there are any material inconsistencies between this Agreement and any agreement you have entered into with the Contractor that apply to any services that you have rendered for the direct or indirect benefit of Nexus, then this Agreement shall govern and apply to any dispute between you and Nexus.
By agreeing you hereby accept the Dispute Resolution Addendum.
California Disclosure Regarding Consumer Reports & Investigative Consumer Reports
In connection with the referral program, marketing or other services, and pursuant to your California Authorization for Consumer Reports & Investigative Consumer Reports (“Authorization”), Nexus Real Estate Group LLC (“Nexus” or “the Company”), Nexus may request one or more California investigative consumer reports (“Report”) about you from the following investigative consumer reporting agency:
Evident ID, Inc. (“Evident”)
945 East Paces Ferry Rd NE, Suite 1700
Atlanta, GA 30326
You Understand That:
To the extent Nexus requests and receives any Report from Evident, Nexus shall use the information contained in such Reports solely in connection with the referral program, marketing or other services by Nexus and specifically to determine if your current employer or brokerage can assign you to projects referred through that program.
Information obtained by Evident, and included in any Report(s) provided to Nexus, may be obtained through a variety of means, including inspection of lawfully available documents.
Investigation(s) to be conducted by Evident, the results of which would be included in Reports provided to Nexus, may include information about you relating to your character, general reputation, personal characteristics or mode of living, subject to any limitations imposed by applicable federal and state law. The nature and scope of the investigation conducted will include a check on prior criminal history for employment purposes (more specifically, your application to the referral program, marketing or other services by Nexus).
Per California Civil Code § 1785 et seq and § 1786 et seq, if any Report is requested by Nexus on you, you may view the file Evident maintains on you during Evident's regular office hours. You understand that you also may (1) obtain a copy of this file, upon submitting proper identification and paying the copying costs, by certified mail or by appearing at Evident's offices in person during its regular office hours after providing reasonable advance notice of your planned appearance; and (2) receive a summary of this file from Evident over the telephone, at your expense, upon submitting proper identification and a written request to Evidentfor telephone disclosure. You understand that Evident has trained personnel available to explain its file to you, including any coded information, and, if you appear in person at Evident's offices, you may be accompanied by one other person so long as that person furnishes proper identification to Evident.
Information about Evident's privacy practices is available at evidentid.com.
California Authorization for Consumer Reports & Investigative Consumer Reports:
In connection with your brokerage or employer’s application to participate in the referral program, marketing, or other services by Nexus, you hereby agree and give your authorization and consent as follows:
Nexus Real Estate Group LLC (“Nexus” or “the Company”), shall request one or more California investigative consumer reports (“Report”) about you from the following investigative consumer reporting agency:
By agreeing, you give your authorization and consent to allow Nexus to perform a background check on you.
You acknowledge that you received with this Authorization documents entitled California Disclosure Regarding Consumer Reports & Investigative Consumer Reports and a copy of the San Francisco Fair Chance Ordinance Official Notice.
You acknowledge that you understand that subject to certain situations provided by applicable law, you have the right to a copy of any Report the Company obtains on you from Evident if you check the box immediately below.
By agreeing, you hereby authorize Nexus to obtain consumer reports about me from a consumer reporting agency.
Fair Credit Reporting Act Disclosure and Authorization
Federal Disclosure and Authorization Regarding Background Investigation. Nexus Real Estate Group LLC (“Nexus” or “the Company”) may obtain information from a third-party consumer reporting agency about you for employment purposes (more specifically, your company’s application to the referral program and marketing services by Nexus. You therefore may be the subject of a consumer report. That report may contain information regarding your criminal history, social security verification, or other background checks.
The scope of this notice and authorization is all-encompassing and allows Nexus to obtain consumer reports, now and throughout the course of your business relationship.
By agreeing, you hereby authorize Nexus to obtain consumer reports about me from a consumer reporting agency.
Residents of MN, NY, OK, OR, and WA
New York Applicants Or Employees Only:
You have the right to inspect and receive a copy of any investigative consumer report requested by Nexus by contacting Nexus at:
Nexus Real Estate Group LLC
205 River St
Haverhill, MA 01832
Minnesota And Oklahoma Applicants or Employees Only:
Please check the box below if you would like to receive a copy of a consumer report at no charge if one is obtained by Nexus.
New York Applicants Or Employees Only:
Upon request, you will be informed whether or not a consumer report was requested by Nexus, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. By agreeing, you also acknowledge receipt of Article 23-A of the New York Correction Law.
Oregon applicants or employees only: Information describing your rights under federal and Oregon law regarding consumer identity theft protection, the storage and disposal of your credit information, and remedies available should you suspect or find that Nexus has not maintained secured records is available to you upon request.
Washington State Applicants Or Employees Only:
You have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act. By agreeing, you hereby accept the, you hereby accept the above Disclosure.