Terms and Conditions of using the DRS IT Platform
AGREEMENT BETWEEN USER AND DRS - Dynamic Referral System ® and REEVO APP Technology. Hereby also referred as Consultant.
The DRS IT Platform comprises:
• DRS AGENTS in 5 continents
• Real Estate Point and DRS REEVO App
• DRS AI Ecosystem Database
• Worldwide Partner Network (Elite Selection)
• International Real Estate Video Catalogues
• System Protection & IT Support
Dynamic Referral System ® is in the business of Real Estate lead generation, among other things, providing certain information technology and related consulting services through its employees, representatives and agents (collectively, “Personnel”); and
DRS AGENT | REEVO USER, has developed certain contacts in the real estate industry and wishes to refer to DYNAMIC REFERRAL SYSTEM ® such contacts as may be applicable for the services (collectively, the “Services”); and
Dynamic Referral System ®, desires to provide adequate incentive to DRS Agent and REEVO User for business development efforts to acquire new customers, yet DRS also needs to fund ongoing efforts to acquire additional projects from said customers after initial contract between DRS ® and customer; and DRS Agent acknowledges that the customers’ choice to utilize the Dynamic Referral System for additional projects is materially influenced by performance of DRS.
NOW, THEREFORE, in consideration of the promises and covenants contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
1. DRS Agent | REEVO User hereby agrees to refer selected clients to DRS for the nonexclusive rights to supply real estate related services to these individuals and companies. This referral will result in a referral fee from DRS to DRS Agent should DRS and referred customer sign a Statement of Work (“SOW”) as set forth in Section 2 below. To be eligible for a Fee, Agent must identify Referred Customer directly to DRS by registering the costumer (Lead) on the existing ways offered by DRS Platform. Existing Consultant customers are not eligible as Prospects, neither are customers currently in the pipeline. DRS Agent must successfully register each Referred Customer with DRS. If the Referred Customer is approved, an email will be sent to DRS Agent. An approved Referred Customer qualifies Agent for a Referral Fee as set forth in Section 2 herein. All approval of Referred Customers is at DRS’s sole discretion.
2. Dynamic Referral System ® agrees to pay DRS Agent a referral fee based upon the following: DRS shall pay the DRS Agent a one-time fee of TEN (10%) percent of the amount of the DRS commission upon the successful real estate business (DRS commission is 1% of the
3. IN NO EVENT WILL PAYMENT BE DISTRIBUTED TO DRS AGENT IN THE FORM OF A REFERRAL FEE UNLESS AND UNTIL SUCH TIME AS PAYMENT IS RECEIVED BY DRS FROM CUSTOMER, UNLESS OTHERWISE SPECIFIED HEREIN, OR BY SPECIFIC ADDENDUM TO THIS AGREEMENT.
Any customers of DRS that were/are obtained without the assistance of DRS Agent or because of a future relationship DRS Agent may have with DRS’s customers; or any customers referred by DRS Agent but failed to execute Stage 4 of the "5 Stage DRS Client Flow Process" within one hundred eighty (180) days.
4. Time of Payment: Referral fee payments shall be paid once per month to DRS Agent no later than the 10th day of each month for all monies collected by DRS from Customer for the prior
month. (For Example: DRS receives payments form Customer for successful real estate business during the month of January, 2017. DRS Agent shall receive payment as agreed
herein no later than February 10, 2017, and on the 10th of each month thereafter for the money actually collected for successful business performed during the month prior.)
5. Referral fees are due when DRS receives money from the referred client or Elite Selection partner involved, and must be paid to DRS Agent within 30 days of receipt of funds from referred client or partner.
6. The engagement of DRS Agent is non-exclusive. Dynamic Referral System ® may engage a third party to perform any of the Services during the Term and may independently develop relationships for which DRS Agent will not be entitled to any referral fees.
7. All payments shall be made and payable to DRS Agents worldwide.
8. The Term and termination of this Agreement shall be as follows: a.The term of this Agreement (“Term”) shall commence on the effective Date and shall continue until the Services are fully performed unless otherwise earlier terminated in accordance with the terms herein set forth.
b. Either Party may terminate this Agreement at any time and without liability by providing the non-terminating Party ten (10) days written notice or by cancelling the DRS user account.
9. Consistent with the understanding of the parties to this Agreement, DRS Agent is an independent user and not an employee, partner, franchisee or joint venture of DRS. The DRS board declares and covenants that the Dynamic Referral System is engaged in an independent business, and has complied and will comply with all state and local laws relating to business permits and licenses of any kind that may be required to carry out the business and tasks to be performed by the Dynamic Referral System under this Agreement. The Agent agrees to indemnify and hold Consultant harmless should a claim related to expenses, insurance or the lack thereof and/or local, state or federal taxes be made by anyone, including any governmental authority.
10. Agent is not granted any right to use any of the Consultant’s trademarks or logos in conjunction with the sales and promotions of Agent’s services. Under no circumstances is a Consultant trademark to be used as part of Agent’s corporate/business name.
11. No worker’s compensation insurance has been or will be obtained by Consultant on account of Agent. Agent shall comply with any applicable workers’ compensation laws with respect to Agent or Agent’s employees, if any. Agent shall indemnify and hold Consultant harmless against any claim for injuries or damages caused by Agent while traveling in the scope of Agent’s activities pursuant to this agreement.
12.It is understood that the Agent may receive proprietary and sensitive information from Consultant in conjunction with providing the services hereunder. The Agent agrees that Agent will not divulge information pertaining to the Consultant’s goods or services nor that of prospective or existing customers to any third party during the term of this Agreement and for a period of three (3) years from date of the termination of this Agreement.
13. Agent agrees that it will not solicit any customers that are part of Consultant’s customer base for any business that competes with Agent nor will Agent solicit or hire any employees of Consultant during the term of this Agreement and for a period of three (3) years from the date of final referral sale.
14. If a party fails to perform any of its obligations under this agreement or if dispute arises concerning the meaning of any provision of this Agreement, then the defaulting party or the party not prevailing in such dispute, as the case may be, shall pay the reasonable costs and expenses incurred by the other party in enforcing or establishing its rights hereunder, including court costs and reasonable attorneys’ fees.
15. Notices will be effective hereunder when and only when they are reduced to writing and delivered, by next day delivery service, with proof of delivery, or mailed by certified or registered mail, return receipt requested, to the person named below at the address as first stated above. Notices shall be deemed given on the date delivered or date of attempted delivery, if service is refused.
16. In the event any provision of this Agreement shall be invalid, illegal or enforceable in any respect, such a provision shall be considered separate and severable from the remaining provisions of this Agreement, and the validity, legality or enforceability of any of the remaining provisions of this Agreement shall not be affected or impaired by such provision in any way.
17. This Agreement shall not be assigned by Agent, in whole or in part, without the express written consent of Consultant.
DRS IT PLATFORM
The DRS - Dynamic Referral System ® Web Site and REEVO APP ® is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DRS - Dynamic Referral System | Real Estate Web Site constitutes your agreement to all such terms, conditions, and notices.
DRS - Dynamic Referral System ® reserves the right to change the terms, conditions, and notices under which the DRS - Dynamic Referral System ® Web Site and "REEVO APP by DRS" is offered, including but not limited to the charges associated with the use of the DRS - Dynamic Referral System | Real Estate Web Site.
LINKS TO THIRD PARTY SITES
The DRS - Dynamic Referral System | Real Estate Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of DRS - Dynamic Referral System | Real Estate and DRS - Dynamic Referral System | Real Estate is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DRS - Dynamic Referral System | Real Estate is not responsible for webcasting or any other form of transmission received from any Linked Site. DRS - Dynamic Referral System | Real Estate is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by DRS - Dynamic Referral System | Real Estate of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the DRS - Dynamic Referral System | Real Estate Web Site, you warrant to DRS - Dynamic Referral System | Real Estate that you will not use the DRS - Dynamic Referral System | Real Estate Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the DRS - Dynamic Referral System | Real Estate Web Site in any manner which could damage, disable, overburden, or impair the DRS - Dynamic Referral System | Real Estate Web Site or interfere with any other party's use and enjoyment of the DRS - Dynamic Referral System | Real Estate Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the DRS - Dynamic Referral System | Real Estate Web Sites.
USE OF COMMUNICATION SERVICES
The DRS - Dynamic Referral System | Real Estate Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
DRS - Dynamic Referral System | Real Estate has no obligation to monitor the Communication Services. However, DRS - Dynamic Referral System | Real Estate reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DRS - Dynamic Referral System | Real Estate reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
DRS - Dynamic Referral System | Real Estate reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DRS - Dynamic Referral System | Real Estate's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DRS - Dynamic Referral System | Real Estate does not control or endorse the content, messages or information found in any Communication Service and, therefore, DRS - Dynamic Referral System | Real Estate specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DRS - Dynamic Referral System | Real Estate spokespersons, and their views do not necessarily reflect those of DRS - Dynamic Referral System | Real Estate.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DRS - Dynamic Referral System | Real Estate OR POSTED AT ANY DRS - Dynamic Referral System | Real Estate WEB SITE
DRS - Dynamic Referral System | Real Estate does not claim ownership of the materials you provide to DRS - Dynamic Referral System | Real Estate (including feedback and suggestions) or post, upload, input or submit to any DRS - Dynamic Referral System | Real Estate Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DRS - Dynamic Referral System | Real Estate, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. DRS - Dynamic Referral System | Real Estate is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DRS - Dynamic Referral System | Real Estate's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DRS - Dynamic Referral System | Real Estate WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DRS - Dynamic Referral System | Real Estate AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DRS - Dynamic Referral System | Real Estate WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE DRS - Dynamic Referral System | Real Estate WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. DRS - Dynamic Referral System | Real Estate AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DRS - Dynamic Referral System | Real Estate WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DRS - Dynamic Referral System | Real Estate AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
DRS - Dynamic Referral System | Real Estate reserves the right, in its sole discretion, to terminate your access to the DRS - Dynamic Referral System | Real Estate Web Site, REEVO APP and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of International Courts.
DRS - Dynamic Referral System | Real Estate's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DRS - Dynamic Referral System | Real Estate's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DRS - Dynamic Referral System | Real Estate Web Site or information provided to or gathered by DRS - Dynamic Referral System | Real Estate with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DRS - Dynamic Referral System | Real Estate with respect to the DRS - Dynamic Referral System | Real Estate Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DRS - Dynamic Referral System | Real Estate with respect to the DRS - Dynamic Referral System | Real Estate Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the DRS - Dynamic Referral System ® | Real Estate Web Site and REEVO APP @ are: Copyright [2016-2017] of it’s founder and patent owner Jorge Próspero dos Santos and/or its legal representatives. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.