Featured Listings: Prior to your first mailing, you will provide AgentMailings® with a list of
zip codes and home price ranges you would consider having in your Featured Listings section. When preparing the
mailing of each report, if you do not provide a specific list of featured listings you would like included,
AgentMailings® will insert them for you by selecting active listings that fall within the set of zip
code and home value ranges obtained earlier. If you prefer to feature listings that do not belong to your own agency,
it is up to you to secure permission from the competitive listing agent/agency and you agree to obsolve AgentMailings®
of any liability associated with featuring competitive agency listings in your materials.
j.
Early Termination: If you choose to cancel your commitment prior to completing the minimum of six (6) mailings,
a termination fee equal to one month mailing of 200 letters and one month program fee will apply
(Exception is the SOI that does not have any minimum mailing requirements). You understand and agree that
AgentMailings® may terminate this Agreement and your participation in the program at any time.
k.
Success Stories: AgentMailings® reserves the right to share your success stories/testimonials with other agents.
2.
Provisions Applying to Use of Personal Branding:
If you choose Personal Branding for a report format, a Professional Advertising Agency
Creative Staff at AgentMailings® will take the information you provide on our Branding Survey Form
along with your provided photograph (that meets our minimum requirements as outlined in our
Personal Branding Photography Overview) to
create a unique Personal Brand and apply it to either a letter or tabbed version of your
reports for a one time cost (paid when filling out and sending in the Survey Form). Once we have
received the Survey Form and Photograph, you will receive a PDF file of the first draft
of your customized report within 5 business days via email. After receipt of this PDF proof you will
be allowed up to two rounds of creative revisions to your customized report. Any additional creative
revisions may incur additional design costs at the rate of $95/hour with a half-hour minimum.
The cost for creating your custom reports includes the preparation of your photograph, design and layout
of the reports, and any background imagery from our extensive library that we utilize to create your
customized report. Any request for specific imagery for use inyour customized report, that we do not
have in our image library, could result in an additional cost to acquire the image.
3.
Provisions Applying to Mailings of Just Listed/Sold
Postcards: This is an optional service available to ALL agents whose agency provides
AgentMailings® with MLS access, Listing Photo URLs and an active agent roster. Within three business days after a agency property is listed or sold,
a Just Listed/Sold Postcard will be sent to the listing/selling agent for review/approval. The postcard will also have a recommended mailing list.
You will have 7 to 10 business days to review/approve the card before it is removed from the que. There is no
monthly fee associated with participation in this program, and you are not required to participate in other programs to use this service. Postcards approved and billed
will be mailed the next business day.
4.
Provisions Applying to Mailings of Expired Listing
Letters: This service is only available to agents whose agency provides
AgentMailings® with MLS access. Within two business days after a competitive agency listing expires in one of your farmed neighborhoods, an expired listing letter
will be mailed first class on premium stationery on your behalf to the homeowner of record. You will also be
notified via email the same day the letter is mailed. This is an optional service for mailers of the Neighborhood
Report, and may be expanded beyond target farm areas to include the balance of zip code areas.
5.
Provisions Applying to Mailings of Postcards In Between NHR/HSR Reports: You understand there is an
additional charge to have postcards mailed in-between bi-monthly mailings of Home Seller Reports and Neighborhood Report to provide
target homeowners with a mailing every month.
The cost of the postcard program, as other services, is subject to change with 30-day notice as effected by changes in
labor, material, and postal rates.
6.
Web Link To Show Report Data on Agent Web Site:
This is an optional service available only to agents whose agency provides AgentMailings® with MLS access allows
you to show report data on your web site for your target neighborhoods. A nominal charge of $5 is added to your monthly program fee for this
service.
7.
Financial Considerations: You understand and agree that all fees and
costs related to your use of this program, website, and other
materials/services provided by AgentMailings® will be charged to your credit card by AgentMailings®,
that you agree to maintain in a current and valid status. When agents participate as a team with costs
split between team members, if one member fails to make payment when due, the
remaining member(s) will be billed. You
will have the ability to change credit cards by notifying AgentMailings® in writing
immediately after the change.
8.
Protection under U.S. Copyright and Patent Law: The Neighborhood Report is protected by
U.S. Patent (No. 7,076,448) and all marketing letters, postcards and other
materials supplied through AgentMailings® are copyrighted and are to be used solely with
this system. You may not use nor copy
any of the materials provided for any other prospecting either through
personal contact or other mailing efforts.
All content included on the Site (including text, graphics,
logos, button icons, images, data compilations, and software)
("Content") is the property of AgentMailings® (and as applicable, its
licensors). All Content is protected by United States and international
copyright laws and other intellectual property laws, and any rights
not expressly granted herein are reserved to AgentMailings®.
9. Our Service: AgentMailings® provides the service of
composing, printing, and mailing marketing materials as well as providing list and other
information and materials to assist you in your marketing efforts (the
"Services"). The Services are available through the Site and AgentMailings® authorizes you
to use the Site and to access the Services; provided you comply with the TAC. If you
breach any of the terms of the TAC, your authorization to use the Site and the
Services automatically terminates and you must immediately destroy any of the
Content you have downloaded or otherwise obtained. Please note
that in providing the Services, AgentMailings® neither makes any representation or
guarantee as to the results you will achieve from using the Services nor does
it act as an agent, partner, joint venturer, or in any other capacity on your
behalf or on behalf of the United States Postal Service ("USPS"). Delivery time
averages five (5) to ten (10) business days, however AgentMailings® makes no guarantees in
this respect. All issues related to delivery of mail are matters solely between
the USPS and yourself.
10. User Conduct: You are solely responsible for the content and
context of all items and materials you compose or otherwise distribute in using
the Services. You warrant and agree that, while accessing the Site or any
Content and during or as a result of using any Service, you shall not:
a. harass, threaten, embarrass,
or cause distress or discomfort upon another party;
b.
transmit or otherwise distribute any information, data, text, files, links,
software, messages, communications, or other materials that may be considered
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
hateful, or racially, ethnically, or otherwise objectionable;
c. impersonate
any other person or entity or misrepresent your affiliation with any other
person or entity;
d. violate any
applicable laws, rules, or regulations or otherwise use the Services in any
manner that violates any applicable laws, rules, or regulations (including
laws, rules, and regulations relating to unsolicited messages or calls and U.S.
export requirements);
e. upload,
publish, transmit, reproduce, or distribute in any way information, software,
or other material that is protected by copyright or other intellectual property
rights, without first obtaining proper permission; and
f. upload,
publish, transmit, reproduce, or
distribute any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, or otherwise objectionable
information of any kind (including any transmissions constituting or
encouraging conduct that would constitute illegal activity, give rise to civil
liability, or otherwise violate any local, state, national or foreign law,
rule, or regulation).
11.
Disclaimers; Liability: Although AgentMailings® believes that the
Site, the Content, and the Services are reliable and fully available, AgentMailings® makes
no guarantees with respect to any of the foregoing. CONSEQUENTLY, THE SITE, THE SOFTWARE, AND ALL
OTHER CONTENT AND SERVICES ARE PROVIDED "AS IS" AND AgentMailings® HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE SOFTWARE, AND ALL OTHER
CONTENT AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY (WHETHER EXPRESS, IMPLIED, OR STATUTORY), FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, AgentMailings® DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES IN
TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT
THAT THE OPERATION OF THE SITE, THE SERVICES, OR ANY OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. AgentMailings® EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED
HEREIN. To the maximum extent permitted by applicable law, in no
event shall AgentMailings® (including its directors, officers, employees, and agents) be
liable for any damages
(including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost
profits, lost savings, business interruption, lost business information, or any other
damages arising out of the use or inability
to use the Site, the Services, or any
of the software) even if AgentMailings® has been advised of the
possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation
of risk. Because some states/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitation may not
apply. If the foregoing limitation of liability is not enforceable
for any reason, then in no event shall AgentMailings® liability
to you for any matter arising under or relating to your use
of the Site, the Content, or the Services exceed a sum equal to one
monthly program fee and costs paid by you associated with the specific mailing or portion
thereof. Full credits for mailing issues will not be considered unless it was caused by
major data discrepancies not reviewed by you.
12. Modifications to Site: AgentMailings® reserves the right, for any
reason, at its sole discretion, and without notice to (i) terminate, change,
suspend or discontinue any aspect of the Services, the Content, and the Site
(including features and hours of availability) and (ii) impose limits on
certain features of the Site or restrict your access to part or all of the
Site.
13. User Information: As part of your use of the Site,
you may provide certain information to AgentMailings® or other users of the Site.
Except for
applicable credit card and related information, any information or material you
transmit to the Site or otherwise provide to AgentMailings® is considered non-confidential
and non-proprietary and AgentMailings® has no obligations of confidentiality with respect
to the same (see Privacy Policy for more information). You agree that the party receiving that information can rely
upon and use such information in any manner. You acknowledge and agree that you
are solely responsible for the accuracy and content of all information provided
by you.
14.
Billing:
If any of the Services requires you to open an
account, you must complete the registration process by providing us with
current, complete, and accurate information as prompted by the applicable
registration form. You may change your user name.
You are
entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify us immediately of any
unauthorized use of your account or any other breach of security. We will not
be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you
could be held liable for losses incurred by AgentMailings®, or another party, due to someone
else using your account or password. You may not use anyone else's account at
any time, without the permission of the account holder. Your credit
card will be billed for any charges that are your responsibility. AgentMailings® makes
every effort to ensure accurate pricing, but pricing errors may occur.
15.
No Refunds:
No refunds on monthly fees or charges associated with the production, printing and/or mailing of
materials will be issued for any reason.
16.
MLS Data Access:
As stated earlier in this document, for agents sending out the Home Seller Reports (HSR), the agent is responsible
for providing AgentMailings® with MLS data prior to the preparation of each report mailing (exception is if
your agency is already providing AgentMailings® with MLS access for participating agents in their firm).
Agents sending out Neighborhood Reports require that their agency provide AgentMailings® with MLS access.
Agent/Agency represents and warrants that in providing AgentMailings® with MLS data, they have complied with any
and all MLS and local/state laws, rules, or regulations regarding the use of MLS data. Agent/Agency shall indemnify,
defend, and hold harmless AgentMailings® and its representatives, successors, and permitted assigns from and against
any and all claims made or threatened by any MLS Service and all related losses, expenses,
damages, costs and liabilities, including reasonable attorneys' fees and expenses incurred in investigation or defense,
regardless of the theory of liability or the nature of the legal proceeding ("Damages"), to the extent such Damages arise
out of or relate to any failure by agent/agency to fulfill any compliance requirement or obligation under any
MLS or local/state law, rule, or regulation relating to use of MLS data.
17.
Use of Provided Phone Lists:
Agent understands and agrees that AgentMailings® may provide,
with other products/services supplied by AgentMailings® to agent, telephone numbers of consumers the agent is sending reports to.
AgentMailings® uses commercially reasonable efforts to identify which
of the telephone numbers supplied by AgentMailings® to agent are registered under one or more of the DNC Lists
("Do Not Call" lists maintained by the Federal Trade Commission, a state agency, and/or the Direct Marketing Association).
In using the materials supplied by AgentMailings®, agent represents and warrants that agent will comply with
any and all federal and state laws, rules, or regulations regarding telephone solicitations and Do Not Call requirements.
Agent shall indemnify, defend, and hold harmless AgentMailings® and its representatives, successors, and permitted
assigns from and against any and all claims made or threatened by any third party and all related losses, expenses,
damages, costs and liabilities, including reasonable attorneys' fees and expenses incurred in investigation or defense,
regardless of the theory of liability or the nature of the legal proceeding ("Damages"), to the extent such Damages arise
out of or relate to any failure by Agent to fulfill any compliance requirement or obligation of Customer under any
federal or state law, rule, or regulation relating to telephone solicitations or Do Not Call requirements. For more information on
Do Not Call Lists and the use thereof, click on this link to read/download a PDF.
18.
Indemnification:
You shall indemnify, defend, and hold AgentMailings®, its
officers, directors, employees, and agents harmless from and against any and
all claims, losses, damages, liabilities, judgments, and fees and expenses
related thereto (including attorneys' fees), arising out of, based upon, or
resulting from, any breach or violation by you of the TAC or any use by you of
the Site or the Services. AgentMailings® reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification
by you. In no event, however, shall you settle or otherwise dispose of any such
matter without the prior written consent of AgentMailings®.
19.
Site Administration:
AgentMailings® administers the Site
from its offices in Sarasota, Florida. AgentMailings® makes no representation that the
Site, the Content, or any Services are appropriate or available for use outside
the United States, and access to them from territories where their contents are
illegal is prohibited. You may not use or export or re-export the materials at
the Site or any copy or adaptation in violation of any applicable laws or
regulations (including U.S. export laws and regulations). If you choose to
access the Site from outside the United States, you do so on your own
initiative and are responsible for compliance with applicable local laws.
20. General Provisions: The
TAC comprises the entire agreement between you and AgentMailings® and supersedes all prior agreements
between the parties, regarding the subject matter contained herein. If any provision of the
TAC is held by a court of competent jurisdiction to be invalid or
unenforceable, then such provision shall be enforced to the maximum extent
permissible so as to affect the intent of such provision and the remainder of
the TAC shall continue in full force and effect. The failure by AgentMailings® to exercise
or enforce any rights or provisions of the TAC shall not constitute a waiver of
such right or provision. You agree that any cause of action arising out of, or
related to, the Site, the Content, or any Services must commence within one (1)
year after the cause of action arose; otherwise, such cause of action is
permanently barred. The TAC will be governed by and construed in
accordance with the laws of the State of Florida, without giving effect to any
principles of conflicts of laws, all matters arising hereunder shall be
exclusively venued in Sarasota County, Florida, and you agree to the exclusive
jurisdiction of the state and federal courts located in Sarasota County,
Florida. All provisions in the TAC regarding representations and warranties,
indemnification, disclaimers, and limitations on liability shall survive any
termination of the TAC or your use of the Site, the Content, or the Services. Where the
context so indicates, a word in the singular form shall include the plural, a
word in the masculine form the feminine, and vice-versa. The term "include" and similar
terms (e.g., includes, including, included, comprises, comprising, such as,
e.g., for example), when used as part of a phrase including one or more
specific items, are used by way of example and not of limitation.
21. More Information: For more information please contact:
AgentMailings®
7456 16th Street
Sarasota, Florida 34243
Voice:
(800) 768-1918
Fax: (941) 552-4499
E-mail:
Info@AgentMailings.com
Web: www.AgentMailings.com
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