Developer Terms Of Service
This is to serve as a Terms of Service and is executed this date and year set forth in Florida, USA, by and between The International MLS [IMLS]® and the developer and is made with reference to the following facts and objectives.
The International MLS [IMLS]® will provide developer with an advertising opportunity as well the opportunity to reach thousands of real estate professional around the world. Additionally, all IMLS Agents and Broker members may be an authorized referral agent for your development and for purposes of this agreement it is understood and agreed that agents shall have the right to promote the developments using only approved marketing materials provided and refer buyers from anywhere in the world.
The IMLS will be providing a comprehensive dual delivery for the developer by providing its own website platform as well as with an agent platform whereby agents can have their clients access a fully developed and integrated platform coded for the agents as to the leads. Your developments will be able to be seen on thousands of agent websites and may be advertised by agents around the world in the hope of finding you a buyer.
Developer also understands that to maximize buyer leads, development listings will be automatically syndicated to realtor.com and realestate.com.au to tap into their est 70 million visitors/month.
As there is no cost to advertise your developments, and to enable you to tap into all agent leads from our 500,000+ members, all leads from TheIMLS.com as well as from all agents from their International New Home Developments search will be handled by a broker agency selected by The IMLS and they will handle them in return for the expected commission upon a sale. It is required that all items on the Let’s Get Started section on the front-end page be satisfied prior to receiving buyer leads. This includes commissions, payment schedules etc.
You agree to protect the agency as to leads generated, and for your sales teams to work with the agency and customer as needed to help close sales. As and when a sale at the Property or other real property is consummated or a commission is otherwise payable by Developer, Developer shall cause to be paid to the Agency a commission agreed to by agreement prior to receiving the customer’s contact information. Developer shall also provide a letter of instruction upon the opening of escrow setting forth the payment of this commission to Agency.
Developer will be sending us a data feed of their developments which ensures accurate information and current pricing. The IMLS will update this information daily. If you do not have a data feed, we can recommend an affordable solution that works well with The IMLS. Developer understands and agrees to follow that unbranded materials will typically be used. Developer agrees to not place the name of the development or the name of the developer in the text description boxes and understands that clients might circumvent the agents who are promoting your development.
Developers internationally are encouraged to have a "Fly and Buy" program and you may provide this info on a PDF to be downloaded. In these programs, the consumer is typically responsible for his/her own airfare, and the developer agrees to provide two nights lodging, meals and local transportation as an "all inclusive" for prospects who fly there. This is solely up to the developer.
Advertising
Developer agrees to pay the setup and membership fee stated on the web site when registering, signing up and paying. Developer understands that this fees is non-refundable. Developer understands that the advertising options as a Development Featured Listing on The IMLS search results pages, The IMLS home page or as a Featured Development on The IMLS site and agent deliveries is limited and may not be available. In the event that developer signs up and pays for this and it is not available, The IMLS agrees to a refund of that optional charge for these ads.
Developer agrees to provide brochures and other marketing materials for the aid in selling to all prospects that contact The International MLS [IMLS]® or for any agent members of The IMLS if requested. Developer agrees to share marketing materials for purposes of the agent network and non-branded materials is requested in addition to any branded materials.
Commissions
Commissions agreed upon in the agreement are to be considered a binding offer. Any commission due to the Agency shall be placed into an account provided by the agency for a direct deposit/wire transfer.
Developer shall provide to us the following information when requested: New sales transaction agreements signed, deposits received, planned and executed, scheduled Fly/Buy visits, and any closed transactions.
Miscellaneous
By having your information provided by a data feed, it ensures correct pricing and availability. Developer agrees to make its best efforts to update the pricing and availability as needed on their end and agrees to not hold The IMLS responsible.
IMLS and developer each warrant and represent to the other that this Terms of Service is in accordance with all requirements and constitutes a valid existing and binding obligation of said party. In the event of a dispute between the parties regarding Terms of Service the same shall be resolved by arbitration before the American Arbitration Association in accordance with its then commercial rules at its Delray Beach Regional Office. The arbitration award may be entered as a judgment in a court of competent jurisdiction, which the parties stipulate shall be the Palm Beach County Superior Court or the United Stated District Court in Palm Beach County, FL. The arbitrator shall award the prevailing party its actual attorney's fees and costs.
This Terms of Service shall be construed in accordance with the laws of the State of Florida. In the event of any conflict of law, the laws of the State of Florida shall prevail. Developer shall provide The IMLS & Agency with copies of any and all certificates and licenses that would be required by local and national laws to permit the building of any properties, upon request, and understands that clients request these at times, and warrants that all permits are in place as well as financing to continue their development.
Developer declares and acknowledges that there does not imply any business or other working relationship with The IMLS other than as expressly set forth herein. Developer for itself and its agents, representatives and licensees irrevocably waives any action or cause of action that may now or in the future exist with respect to any damage, loss, claim or action, of any type or nature he/she/it could have, present or future, against The IMLS, its subsidiaries or related companies, as well as with its officers, directors, employees, representatives, agents and/or stockholders.
If you agree to the terms herein and wish to participate in our sales program as described herein and can accept the terms and conditions set forth herein, your registration indicates your acceptance of these terms and conditions. The Agreement herein shall be valid for as long as you are an IMLS Developer member. We may terminate with cause. If you select and pay for any of the Developer Options and not previously terminated, they will be renewed automatically on the renewal date. No Exceptions. If you would like to cancel a renewal of any product, go into your Members Login / Manage Account page and make the change. Your membership and Product will stay active until that renewal date. Please do not email or call us to cancel anything. Emails can go into spam and we may not get them. We do not cancel anything for you. The only way to cancel your account or product is in your Manage Members area. If you had a promotional rate when you signed up for a membership or any product, the renewal may be at the posted rate at that time. The IMLS reserves the right to modify these terms at any time.
