General Terms for Agents

TopAgent2000.com offers certain products and services to real estate professionals (“you,” “your”) if you accept without modification the terms, conditions and notices contained in these Agent Terms of Use (“Agent Terms”). If you are using the Services on behalf of an organization, you agree to these Agent Terms for that organization and you represent and warrant that you have the authority to bind that organization to these Agent Terms (in which case, “you”, “your” will refer to that organization). These Agent Terms, together with the TopAgent2000.com Terms of Use and any applicable Supplemental Terms, constitute the entire agreement between you and us, govern your use of the Services, and supersede any and all prior agreements, written or oral, between you and us. In the event of a conflict between these Agent Terms, any applicable Supplemental Terms, and the TopAgent2000.com Terms of Use, the Supplemental Terms shall control with respect to the matters addressed by such Supplemental Terms, then the Agent Terms shall control.

Please read these Agent Terms carefully. They are a legal agreement between you and us that govern your use of the Services. By using the Services, you are agreeing to these Agent Terms. If you do not agree to these Agent Terms, do not use any of the Services. You agree that you will not use our website or the Services for any purpose that is unlawful or contrary to these Agent Terms. You may not attempt to gain unauthorized access to any account, networks associated with our website or any materials or information through any means not intentionally made available or provided for through our website or the Services.

DEFINITIONS
  1. “Agent” means a real estate professional who acts as an agent for the purchase and sale of real property.

  2. “Commission” means the amount a Selling Agent owes to TopAgent2000.com after the completion of a Qualified Transaction.
  3. “Confidential Information” means the proprietary or non-public information disclosed by TopAgent2000.com to you.
  4. “Customer” means a prospective buyer or seller of residential real property for whom contact information has been provided to TopAgent2000.com.
  5. “Gross Referred Side Commission” means the gross commission that is earned by the Selling Agent as part of the Qualified Transaction, which will be a minimum of two percent (2%) of the Gross Sales Price.
  6. “Gross Sales Price” means the total purchase price of a Qualified Transaction prior to any allocation of a payment to another party (including but not limited to any split between Selling Agent and Selling Agent’s broker, any referral fee payments to other third parties, taxes, fees and other closing costs).
  7. “Selling Agent” means an Agent who meets certain criteria, has joined our referral network, and is eligible to receive referrals.
  8. “Services” means all products and services provided by TopAgent2000.com.
  9. “Supplemental Terms” means any additional terms and conditions required in order to participate in any specific Services we offer.

  10. TOPAGENT2000.COM SERVICES

TopAgent2000.com connects residential real estate Customers to real estate Selling Agents. If you are an eligible Selling Agent, we will work to match you to Customers. If you receive a referral from TopAgent2000.com that results in a Transaction, you agree to pay TopAgent2000.com a portion of your commission.

AGENT APPOINTMENT AND ACCEPTANCE Subject to all of the terms and conditions of these Agent Terms, TopAgent2000.com hereby appoints you, and you hereby accept such appointment, for the term of these Agent Terms as a non-exclusive representative for TopAgent2000.com. You are a eligible to receive Customer referrals from TopAgent2000.com. Nothing in these Agent Terms shall be construed as limiting, in any manner,TopAgent2000.com’s marketing or distribution activities or its appointment of other dealers, distributors, licensees or agents.

RELATIONSHIP OF THE PARTIES You shall, in all matters relating to these Agent Terms, act as an independent contractor. In all such matters, you (or any of your representatives) will not act as, or represent yourself to be an “Agent” or an “Employee” of TopAgent2000.com and you have no right or authority to assume or create any obligation, liability, responsibility whatsoever, express or implied, or to bind TopAgent2000.com in any way whatsoever unless expressly authorized in writing by TopAgent2000.com. You agree to indemnify and hold us harmless from any and all damages, costs, and claims resulting from your unauthorized statements or actions, including without limitation, costs of investigation, legal proceedings, settlements and attorneys’ fees. RESPONSIBILITIES OF ALL AGENTS All Agents represent and warrant the following:
  • You are an Agent of a licensed real estate brokerage, with a current and valid license, of legal age, and capable of forming a legally binding contract.
  • You have complied with all real estate licensing laws and have adequate and appropriate insurance coverage.
  • You will promptly maintain and provide us with updates of any changes in your license status.
  • All information you submit to us is true and complete and you will maintain and promptly update your profile or other information you provide to us or any Customers.
  • You have obtained your broker’s or other permission to use the Services, if required.
  • You will not register or represent yourself as a prospective buyer or seller, even if you intend to buy or sell property.
  • All information you submit to Customers about your services is your responsibility and not a TopAgent2000.com offering of any Service.
  • Your products and services do not violate any applicable laws or regulations, including laws relating to data privacy or security or marketing and advertising.
  • You understand that we reserve the right to terminate the participation of any real estate professional for any reason at our sole discretion.
  • If required, you will obtain the appropriate approval/authorization from all relevant governmental authorities and other parties in order to either receive payment from TopAgent2000.com or make a payment to TopAgent2000.com.
  • You recognize that fraudulent usage of any of our Services may subject you to liability.
  • You agree to assist us in the collection of payment due from after completion of a Qualified Transaction.
  • You agree that we may review or audit your use of our Services at any time to ensure compliance with these Agent Terms and any Supplemental Terms, but any failure by us to review or audit your use of the Services will not constitute acceptance of or waiver of any of our rights with respect to any use in breach of these Agent Terms and any applicable Supplemental Terms.

You hereby grant TopAgent2000.com a non-exclusive, transferable, sublicensable, perpetual, worldwide right to reproduce, display, sell, have sold, make derivative works or and otherwise use the Customer information you provide to us for any lawful purpose.

WARRANTIES AND DISCLAIMER Each party represents and warrants that it has the right, power, and authority to enter into these Agent Terms and to perform its obligations and duties hereunder, and that the performance of such obligations and duties does not and will not conflict with or result in a breach of any other agreement of such party or any judgment, order or decree by which such party is bound. EXCEPT AS EXPRESSLY SET FORTH IN THESE AGENT TERMS AND THE TERMS OF USE (available at http://TopAgent2000.com/support/agent-terms) AND ANY APPLICABLE SUPPLEMENTAL TERMS, TOPAGENT2000.COM DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ANY PRODUCTS OR SERVICES, AND TOPAGENT2000.COM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION PROVIDED BY TOPAGENT2000.COM OR ANY OTHER AGENT, WHICH MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS, AND ALL RISKS ASSOCIATED WITH THE REPRESENTATION OF ANY CUSTOMER, WHICH MAY INCLUDE FACE TO FACE MEETINGS WITH THE CUSTOMER IN EMPTY HOMES, DRIVING TO AND FROM VARIOUS DESTINATIONS AND OTHER ACTIVITIES TYPICALLY ASSOCIATED WITH A REAL ESTATE TRANSACTION. TOPAGENT2000.COM ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH ACTIVITIES, AND ANY INACCURACIES, ERRORS OR OMISSIONS. TOPAGENT2000.COM MAY MAKE CHANGES TO ITS PRODUCT OR SERVICE OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS WE OFFER AT ANY TIME AND WITHOUT NOTICE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING ELSE IN THESE AGENT TERMS, THE TERMS OF USE AND ANY SUPPLIEMENTAL TERMS, TO THE CONTRARY OR OTHERWISE, TOPAGENT2000.COM WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE AGENT TERMS, THE TERMS OF USE OR ANY SUPPLEMENTAL TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF TOPAGENT2000.COM WAS AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. TOPAGENT2000.COM SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL TOPAGENT2000.COM’S AGGREGATE LIABILITY UNDER THESE AGENT TERMS AND ANY APPLICABLE SUPPLEMENTAL TERMS BE GREATER THAN U.S.$100. INDEMNITY Agent shall, at its expense, indemnify, defend and hold TopAgent2000.com harmless from any costs, expenses (including attorney’s fees), losses, damages, and liabilities which TopAgent2000.com may hereafter incur, become responsible for, or pay out as a result of: (a) death or personal injury (including bodily injury) to any person, destruction or damage to any property to the extent caused by negligent or willful acts, errors, or omissions by Agent, its employees, officers, agents, representatives, or subcontractors in the performance of these Agent Terms; (b) any unauthorized representations or warranties made or given by Agent, its employees, officers, agents, representatives, or subcontractors in respect of the Services; (c) the breach by Agent of any representation or warranty made by Agent hereunder; or (d) any alleged failure by Agent to satisfy any tax or withholding obligation. TopAgent2000.com shall give prompt written notice to Agent, who shall assume and control the defense of TopAgent2000.com’s claim with counsel of Agent’s choice and at Agent’s expense. TopAgent2000.com shall cooperate in the defense in all reasonable respects at Agent’s sole cost and expense. TopAgent2000.com shall be entitled to retain its own counsel at TopAgent2000.com’s own expense to participate in the defense of the claim in an advisory capacity. Unless you obtain our consent in writing, you will not take any action with respect to any claim if such action (a) admits any liability, fault or wrongdoing on the part of TopAgent2000.com; (b) imposes any obligations on TopAgent2000.com; or (c) otherwise adversely affects TopAgent2000.com’s rights, obligations or operations. TERM AND TERMINATION Unless terminated earlier as provided below, these Agent Terms shall terminate as follows: (i) Either party may terminate these Agent Terms at any time, with or without cause, upon written notice to the other party. (ii) Either party may terminate these Agent Terms upon written notice to the other party if the other party is in material breach of any provision of these Agent Terms and: (a) such breach has not been cured within fourteen (14) days after receiving written notice thereof from the terminating party; or (b) if such breach cannot reasonably be cured within such fourteen (14) day period, the breaching party has not commenced to remedy such breach within such period and diligently endeavored to cure such breach within a reasonable time thereafter. (iii) These Agent Terms shall terminate immediately, without notice, (a) upon the institution by or against either party of insolvency, receivership or bankruptcy proceedings, (b) upon either party’s making an assignment for the benefit of creditors, or (c) upon either party’s liquidation, dissolution or ceasing to do business. SURVIVAL The following provisions shall survive the termination or expiration of these Agent Terms for any reason: Warranties and Disclaimer, Limitation of Liability, Indemnification, Term and Termination, Confidentiality, Miscellaneous and any payment terms in any applicable Supplemental Terms for any outstanding payments owed or owing. CONFIDENTIALITY Agent shall use the Confidential Information only in performing under these Agent Terms and shall retain the Confidential Information in confidence and not disclose to any third party (except as authorized hereunder) without TopAgent2000.com’s prior written consent. Except as otherwise set forth herein, all Confidential Information shall remain the sole property of TopAgent2000.com. Agent shall hold the Confidential Information of TopAgent2000.com in strict confidence in perpetuity. Notwithstanding the foregoing, Agent’s confidentiality obligations hereunder shall not apply to information which: (a) is already known to Agent prior to disclosure by TopAgent2000.com; (b) becomes publicly available without fault of Agent; (c) is rightfully obtained by Agent from a third party without restriction as to disclosure, or is approved for release by written authorization of TopAgent2000.com; or (d) is required to be disclosed by law or governmental regulation, provided that Agent will provide reasonable notice to TopAgent2000.com of such required disclosure and reasonably cooperate with TopAgent2000.com in limiting such disclosure. MISCELLANEOUS Notices; Modification of Terms TopAgent2000.com may provide notice to you via email, regular mail, or by posting notices or links to notices on this website. TopAgent2000.com reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or your use of or access to them, with or without notice. TopAgent2000.com will not be liable to you or any third party for any modification, suspension, or termination of the Services. TopAgent2000.com may update or change the terms, conditions, and notices for the Services from time to time to reflect changes to the Services, changes in the laws affecting the Services, or for other reasons. You understand that TopAgent2000.com reserves the right to make these changes and that each time you are required to accept these Agent Terms, you are responsible for reviewing these terms, conditions, and notices. Acceptance of these Agent Terms or use of the Services after any such change shall constitute your consent to such change. Force Majeure Neither party will be liable for any failure or delay in performance under these Agent Terms due to fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, war, terrorism, insurrection, riot, act of God or the public enemy, law, act, order, export control regulation, proclamation, decree, regulation, ordinance, or instructions of Government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of these Agent Terms). In the event of the happening of such a cause, the party whose performance is so affected will give prompt, written notice to the other party, stating the period of time the same is expected to continue. Assignment You may not assign or transfer (by operation of law or otherwise) these Agent Terms and any applicable Supplemental Terms without the prior written consent of TopAgent2000.com. Subject to the foregoing, these Agent Terms and applicable Supplemental Terms shall inure to the benefit of, and be binding upon, each party’s successors and permitted assigns.
  • discretion, from forgiving all or part of a Commission owed but not previously paid by a Selling Agent.
  • TopAgent2000.com will not be required to make any payment to Referring Agent if Referring Agent is in material breach of these Terms at the time of such payment, or if such payment is prohibited by law, including but not limited to instances in which Referring Agent is not an actively licensed real estate sales agent or broker at the time payment is to be made.
  • We may, in our sole discretion, negotiate a lower overall Commission to be paid to us for any Qualified Transaction even if such lower overall Commission may result in a lower overall referral fee paid to you. Your payment for a Qualified Transaction that results in any lower Commission amount that we receive from a Selling Agent will be calculated as an amount equal to seventy-one and four-tenths of one percent (71.4%) of the amount actually received and recognized by TopAgent2000.com.

Selling Agent Services If you are an eligible Selling Agent, we will work to match you to Customers. If you receive a referral from TopAgent2000.com that results in a completed transaction, you agree to pay TopAgent2000.com a portion of the commission you receive from the Qualified Transaction, as further explained below.

How to Become a Selling Agent Only experienced real estate professionals can be part of TopAgent2000.com’s Selling Agent network. In order to become a Selling Agent, you represent and warrant the following:
  • You have three (3) or more years of experience in your local market area assisting sellers and buyers of residential real estate.
  • You have, within the last twelve (12) months, individually either sold residential real estate worth at least five million dollars ($5,000,000) in one or more transactions, or you have completed at least twenty (20) real estate sales transactions.
  • You agree that a Customer is any person, homebuyer or home seller who we introduce, send or refer to you by email, phone or other method of communication.
  • You will not use the Customer lead information and details you obtain from us to locate, identify or directly contact a home seller or home buyer in any manner without first accepting this Agreement.
  • You will provide Customers with all information and notices legally required with all real estate licensing and regulatory requirements applicable to real estate agents.
  • You agree that is a non-exclusive relationship; however, you will only share information regarding Customers we refer to you as reasonably necessary in connection with pursuing Qualified Transactions.
  • You will provide your services to each Customer in an efficient, professional, good and workmanlike manner, in accordance with industry standards of care and skill and in compliance with all applicable laws and regulations.
  • You acknowledge and agree that Customer is not obligated to work with you, and that you are not obligated to work with Customer.
  • You will pay us a fee for each Qualified Transaction, regardless of whether you receive payment from Customer.
  • You agree that the fee you owe us for a Qualified Transaction will vary depending on whether we directly source the lead or whether the lead comes from a Referring Agent.
  • You are solely responsible for invoicing and collecting payments from the Customer upon completion of a Qualified Transaction.
  • You must accept these Terms each time you accept a Qualified Customer referral from us.
  • If you engage in a new transaction with a Customer after a Qualified Transaction with that Customer, you are deemed to have accepted new Terms for any subsequent Qualified Transaction.

Selling Agent Compensation and Payments to TopAgent2000.com Your sole compensation for your performance under these Terms consists of the commission that you receive from Customer upon completion of the Qualified Transaction, less any fees owed to TopAgent2000.com. You have no right to receive any compensation whatsoever from TopAgent2000.com for services rendered as a Selling Agent or to receive reimbursement of any expenses or other costs you incur in connection with these Terms or the Qualified Transaction.

Agent Payments to TopAgent2000.com As an Agent, the Commission you owe to us is calculated as a referral fee equal to up to thirty percent (30%) of the Gross Referred Side Commission. You are required to pay us the Commission owed to us within fourteen (10) days after the closing of a Qualified Transaction. TopAgent2000.com shall be entitled to continue to receive its referral fee for Qualified Transactions completed prior to termination of these Terms and for Qualified Transactions initiated prior to termination of these Terms but completed after termination of these Terms. For avoidance of doubt, termination of these Terms does not terminate your obligations to pay a Commission to TopAgent2000.com for any Qualified Transaction initiated under these Terms.