IDX Developer Program - Terms of Service
Last updated: June 25, 2025
IDX Developer Program Agreement:
This Agreement represents the terms and conditions which apply to your participation in the IDX Developer Program of Elm Street Technology, LLC or its affiliates (collectively and individually referred to as "Elm Street", "we", and "our"). For purposes of this Agreement, "you" and "your" refer to the IDX Developer applicant.
Execution of the Agreement:
By selecting the online acceptance of the terms and conditions of this Agreement, you represent that this Agreement has been validly executed and delivered and constitutes a valid binding obligation against you. You also acknowledge that you have read and understand the terms and conditions of this Agreement and agree to be bound by all its terms and conditions as well as the IDX Broker Terms of Service located here: https://idxbroker.com/terms.
Enrollment:
To start the enrollment process, you must submit a completed online application located here: https://signup.idxbroker.com/partners. We will review the application and determine, in our sole discretion, whether to accept or reject you as an IDX Developer Partner ("IDX Developer"). We will notify you regarding your application in a timely manner.
Requirements:
The IDX Developer Program is available to website developers, WordPress theme designers, and web designers who are willing to integrate website designs with IDX pages. Approval as an IDX Developer is not automatic and subject to approval by Elm Street. Approved IDX Developers must not rely on iFrames to integrate IDX into websites and must be skilled in HTML, CSS, and general web development troubleshooting.
Services:
The IDX Developer Program is exclusively for use in bundled services through established web developer, designer, theme designers and other web professionals. You must bundle services with IDX. You cannot sell IDX as a stand-alone product. You will be responsible for general support, troubleshooting and integration with all accounts credited to you. You should not use iFrame tags to integrate IDX, and must maintain minimum HTML/CSS competency. You must refer a minimum of 10 website accounts to start receiving payback per the schedule described below. You must be able to provide a complete W-9.
Links:
Upon acceptance as an IDX Developer, you will receive a welcome email containing pertinent information regarding your IDX Developer account. In this welcome email you will receive a unique URL to use when your clients place orders with IDX.
Independent Business:
This Agreement will not in any way create the relationship of principal and agent or employer and employee between Elm Street and IDX Developer. In performing their respective duties under this Agreement, both Elm Street and IDX Developer will be independent contractors. IDX Developer will assume and pay all costs incurred in connection with its solicitation of orders for IDX's Services ("Services") pursuant to this Agreement, including, but not limited to, salaries, commissions and expenses of any sales personnel hired by IDX Developer and all office and other overhead expenses. IDX Developer will perform the duties required by this Agreement pursuant only to the authority granted and the restrictions imposed by this Agreement, and IDX Developer will have no authority to enter into contracts, assume or create any liability or make agreements of any nature whatsoever for, in the name of, or on behalf of Elm Street. IDX Developer will at no time make any representations or hold itself out to the public as having such authority.
Term:
The term of this Agreement shall commence on the date we accept your application into the IDX Developer Program and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You will only receive the applicable client setup waiver and monthly payments on orders Elm Street receives during the term of this Agreement. Notwithstanding any other provisions of this paragraph, this Agreement shall terminate automatically in the event of either party's bankruptcy, insolvency or assignment for the benefit of creditors, and either party may terminate this Agreement effective immediately upon notice to the other party in the event of the conviction of, or commission by, the other party or any principal, officer, shareholder, member, manager, employee, agent or any partner of the other party of any crime which may adversely affect the goodwill or reputation of Elm Street or IDX Developer. All accounts that have been inactive for 12 months will be terminated. Additionally, we may terminate this Agreement effective immediately if you use Elm Street's or IDX's name, logo, or graphics or include a link to the Elm Street's or IDX's website in any form of unsolicited communication such as spam.
Active Client Account:
An active account for aggregate monthly invoicing is defined as an account that has signed up through your custom development link provided to you during the IDX Developer setup process.
Fees & Discounts:
You are entitled to receive a waived setup fee on all client accounts if you are in good standing with Elm Street; have paid the IDX Developer account establishment fee and have been approved to participate as an IDX Developer. You will begin receiving discounts with the 10th active monthly account. Until there are 10 active accounts, no discounts will be applied. To continue to receive discounts, you must have four (4) or more net new client accounts in the previous twelve (12) months. Net new client accounts ("Net New") is calculated as new active accounts ("New") in the previous twelve (12) months less accounts lost in the previous twelve (12) months ("Churn"). For example, if you added ten (10) active accounts in the past twelve (12) months but seven (7) accounts churned during the previous twelve (12) months, you are no longer be eligible to receive monthly discounts. We will calculate Net New the first of every month and discontinue monthly discounts at our discretion if you fall below four (4) Net New. If we discontinue monthly discounts, we will restart monthly discounts at our discretion once you have four (4) or more Net New in a subsequent month. You will receive the following discounts as long as you meet the criteria noted above:
- 10-49 Active Monthly Accounts = 10% Discount
- 50-99 Active Monthly Accounts = 15% Discount
- 100-149 Active Monthly Accounts = 20% Discount
- 150-199 Active Monthly Accounts = 25% Discount
- 200+ Active Monthly Accounts = 30% Discount
Elm Street shall have the right to change its discount and fee structure at any time. Updates will be provided on the IDX website.
Invoice Process:
We will charge your credit card for IDX fees for your active accounts, net of your qualified discount, on a monthly basis. We calculate your active accounts, and your qualified discount, on the twenty-fifth (25th) of each month and will charge your credit card 30 days later. You will receive an invoice on, or shortly after, the twenty-fifth (25th) of each month along with an active account report for the accounts that were activate that month. A discount will only be applied if you have ten (10) or more active accounts for the service period and meet all of the criteria to receive a discount specified above.
Payment Terms & Conditions:
The IDX Developer Program is intended for commercial use only; you may not purchase services through the program for your own personal use. Such purchases may result (at our sole discretion) in the withholding of discounts or the termination of this agreement. Elm Street reserves the right to specify and to change which services are qualifying services for the purposes of this discount program. The current discount schedule may change from time to time, and without prior notice. For the most current discount schedule please refer to the discount breakdown section located online at https://developers.idxbroker.com/partnership. The most recent terms and conditions for this and all other IDX related services, can be viewed online at https://idxbroker.com/terms.
Customers:
We will track all service orders placed by customers who use the special partner code included on the sign-up form provided by us. To receive discount eligibility credit for a new account, customers must utilize this link to the specially coded signup page. No credit will be given to you on accounts that do not use this special link provided to you. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of the account setup, paperwork approval with the appropriate board or MLS, cancellations, as well as provide you technical support training and customer service related to you assisting the end users with their integration. We will track the service level ordered by customers who purchase services using the specially coded link, and we'll send you reports summarizing this sales activity with your invoice. The signup page, content and frequency of the reports may vary at our discretion. To permit accurate tracking, reporting and invoicing, you must ensure that your clients utilize the correct link.
Technical Support:
Elm Street endeavors to provide a high-quality service for IDX Developers participating in this program and its customers. Technical support will occur primarily through e-mail and knowledge base articles. Elm Street staff will be available to you for urgent matters by phone during posted business hours. We will provide technical support directly to the IDX Developer listed for the client account or other documented IDX Developer representative. In most cases, IDX Developer will be responsible for direct technical support for their customers.
Your Obligations:
In soliciting orders for IDX's services under this Agreement, IDX Developer shall: Comply with all applicable laws and regulations; accurately transmit to Elm Street the information provided by a customer with respect to any requested incorporation, formation or related service; not engage in any misleading, fraudulent or deceptive activity; not use the trademarks, trade names, service marks or logos of Elm Street or IDX except as expressly authorized by Elm Street; not bid on Elm Street or IDX trademarks or domain names in any pay-per-click search engines. This includes variations, combinations and/or lower-case variants of any of these terms with or without the "www" prefix or ".com" suffix. This list includes but is not limited to: IDX, Inc., idxbroker, IDX Broker, idxbroker.com, myagent idx, IDX Manager, idxmanager.com, idxco, idxco.com.; not use links, which automatically redirect the user to the IDX website in your search ads. You may not use any upper or lower case variations of idxbroker.com for any display or destination URL listing in paid search campaigns or cloak or mask the IDX URL in Search Engines; not create, publish, distribute, or permit any written material that makes reference to Elm Street or IDX without first obtaining our written consent; and not use Elm Street's or IDX's name, the Elm Street or IDX logos, any Elm Street or IDX graphics or include a link to the Elm Street or IDX websites in any form of unsolicited communication, such as but not limited to, unsolicited email (spam).
Professional Responsibility:
Nothing in this Agreement shall be construed to interfere with or otherwise affect the rendering of services by either Elm Street or IDX Developer in accordance with its independent and professional judgment. Both parties shall perform services substantially in accordance with generally accepted practices and principles of the trade.
Indemnification:
You agree to indemnify and hold harmless Elm Street and its directors, officers, employees, agents and shareholders against any loss, liability, damage or expense that we may sustain by reason of any action or inaction by you in connection with your solicitation of orders for our services under this Agreement or the operation or contents of your website.
Modification:
We reserve the right to modify the terms of this Agreement, in our sole discretion. At a minimum, we will communicate any modification to you by posting updates to the IDX Developer Terms and Conditions document maintained on our website. Your continued participation as an IDX Developer after such modification will constitute your acceptance to the modified terms and conditions.
Disclaimer of Warranties and Limitation of Damages and Liability:
WE MAKE NO AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY SERVICES PROVIDED BY US UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Additionally, we make no representations that the operation of our website or services will be uninterrupted or error free and we will not be liable for the consequences of any interruptions or errors. In no event shall Elm Street or any of our agents, employees, officers or directors be liable for consequential, incidental or special damages, including lost profits, even if we have knowledge of the potential loss or damage.
Governing Law and Jurisdiction:
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Oregon, United States of America. The parties agree that jurisdiction and venue for any matter arising out of or pertaining to this Agreement shall be proper only in Lane County, Oregon.
