Agent Fixup

Terms of Service

Terms of Service for Agent Fixup

Use of Our Service

At Agent Fixup, matchmaking is at the heart of what we do in the real estate industry. When the timing is right, we facilitate a professional introduction between you and one of our Real Estate partners. The service we provide to both buyers and sellers of real estate, as well as to real estate professionals, is governed by the following terms.

Since we operate as an online service, we do not require you to physically sign a lengthy contract. Instead, the terms of our agreement with you are outlined below in straightforward language. If you do not agree with these terms, we ask that you please exit this website and refrain from using our services. If you choose to use this website, your actions will be taken as your agreement to be bound by these terms of service (“Terms of Service” or “Agreement”).

Agent Fixup, Inc. (“Agent Fixup”) operates in compliance with all applicable state and federal housing laws.

Terms for Brokers and Agents

Real estate professionals using our website must agree to the following terms:

  1. Permission to Display Information: You grant Agent Fixup permission to display on our website and other platforms information we have gathered or that you have supplied related to any real estate transactions you have managed as a real estate professional. This information helps potential clients better understand your specialties.
  2. Referral Fees: Maintaining a profile on Agent Fixup is completely free. However, if you choose to accept Referrals from Agent Fixup and subsequently handle a real estate transaction for that Referral, you agree to pay us a Referral Fee, which will be a percentage of the gross commission you earn. This is how we generate revenue and continue providing services to you. Your acceptance of any Referral from Agent Fixup constitutes your express and ongoing agreement to the terms of the Referral Agreement, which may be amended from time to time.
  3. Compliance with Real Estate Laws: You are responsible for maintaining your real estate license and for adhering to all applicable real estate laws, including those concerning disclosures, documentation, and other brokerage responsibilities. Additionally, you are responsible for the real estate brokerage services you provide to your clients and agree to indemnify, defend, and hold Agent Fixup harmless from any claims, costs, or damages incurred by Agent Fixup arising from claims by your clients regarding the brokerage services you have provided.
  4. Termination: Your participation in our service is voluntary and may be terminated by either party at any time for any reason with written notice. However, any Referrals made before such termination remain subject to this Agreement, and Referral Fees will be due upon the close of any transactions resulting from such Referrals.
  5. Communication: In connection with Referrals, you agree to be contacted by Agent Fixup and its Referrals via phone, email, mail, or other reasonable means. You also agree not to share Referrals with any other party without our written consent.
  6. Call Recording: You may initiate or receive calls from an Agent Fixup representative or one of our Referrals through Agent Fixup’s tracked phone numbers. If you do so, Agent Fixup may create a digital audio recording of the call. You acknowledge and agree that your phone call may be recorded for quality assurance purposes only.
  7. Accuracy of Information: Any information you provide to Agent Fixup must be accurate, complete, and owned by you. You agree to update any information that becomes inaccurate. If we discover that any information is inaccurate, we may correct it ourselves. You grant us permission to email or display your profile (including your name, likeness, contact information, and transaction details) and any other information supplied by you on our website, www.agentfixup.com, and on other partner and affiliate websites we believe are advisable for marketing purposes.
  8. Modifications to Terms: You agree that we may modify the services provided, these terms of service, or the price charged for our services at any time. We will notify you via email of any significant changes to our services, terms of service, or prices. Your continued use of our services after the notice period indicates your acceptance of the new terms, and any subsequent referrals or services will be governed by those new terms.

Terms for Referral Agreement

The following terms apply to the Referral Agreement between you (the Agent) and Agent Fixup (the "Referral Agreement"). Capitalized terms used below that are not defined here have the meanings assigned to them in the Referral Agreement.

  1. Confidentiality: During the Referral Agreement, it may be necessary for Agent Fixup to share proprietary information, including its agent portal, industry knowledge, and other confidential and personal information related to the Client subject to the Referral. The Agent agrees not to share any of this proprietary information and will take care to prevent its publication, distribution, and misuse. This section remains in full force even after termination of the Agreement.
  2. Representations and Warranties: The Agent represents that they are fully authorized to enter into the Referral Agreement and are doing so voluntarily, without external influences or additional incentives from Agent Fixup. The performance and obligations of the Agent under the Referral Agreement will not violate or infringe upon the rights of any third party or violate any other agreement between the Agent and any other person, organization, or business, or any applicable law or governmental regulation. The Agent represents that they are properly licensed as a real estate agent and able to conduct such real estate transactions in the jurisdiction and territory applicable to Referrals accepted by the Agent. The Agent represents that the Broker has agreed to receive Referrals from, and agreed to pay the Referral Fee to, Agent Fixup.
  3. Indemnity: The Agent agrees to indemnify and hold harmless Agent Fixup and its affiliates, along with their respective officers, agents, employees, and permitted successors and assigns, against any and all claims, losses, damages, liabilities, penalties, expenses (including reasonable attorneys’ fees), and costs of any kind, which result from the negligence of, or breach of any term, representation, warranty, or covenant in the Referral Agreement by the Agent, its representatives, or their respective successors and assigns. Additionally, the Agent agrees to indemnify, defend, and hold harmless Agent Fixup from any claims, losses, damages, liabilities, penalties, expenses (including reasonable attorneys’ fees), and costs resulting from claims by Clients regarding brokerage services provided by the Agent, its representatives, or their respective successors and assigns. This section remains in full force even after termination of the Agreement.
  4. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGENT FIXUP BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE ARISING OUT OF OR UNDER THE REFERRAL AGREEMENT, OR FOR BREACH OF THE REFERRAL AGREEMENT. AGENT FIXUP’S TOTAL LIABILITY ARISING OUT OF OR UNDER THE REFERRAL AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED $250.00.
  5. Legal Fees: In the event of a dispute resulting in legal action between the parties, the successful party will be entitled to its legal fees, including, but not limited to, reasonable and documented attorneys’ fees.
  6. Severability: If any provision of the Referral Agreement is deemed invalid or unenforceable, that part shall be severed from the remainder of the Agreement, and all other provisions will continue in full force and effect.
  7. No Waiver of Rights: The failure by either party to exercise any right, power, or privilege under the Referral Agreement will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege, nor as the exercise of any other right, power, or privilege.
  8. Pre-Existing Relationship: A Pre-Existing Relationship means a Client that had been actively working with the Agent during the 90-day period immediately preceding the date of the Referral of such Client to the Agent.

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