IDX Broker Platinum Developers Account Information

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Developer/Company

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First/Last Name
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Account Summary
One Time Set Up Fee
$99.99

Special Instructions
IDX Developer Program Agreement:
This Agreement represents the terms and conditions which apply to your participation in the Developer Program of IDX, Incorporated, an Oregon corporation (IDX).  For purposes of this Agreement, "you" and "your" refer to the Developer applicant and "we" and "our" refer to IDX.

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 general terms and conditions located here: http://www.idxbroker.com/termsofservice.php

Enrollment:
To start the enrollment process, you must submit a completed online Developer 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 a Developer Partner. We will notify you regarding your application in a timely manner.

Requirements:
The IDX Broker 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 Partner (Developer) is not automatic and subject to approval by IDX.  Approved 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 5 website accounts in order to receive payback per the schedule described below.  You must be able to provide a complete W-9.

Links:
Upon acceptance as a Developer, you will receive a welcome email containing pertinent information regarding your 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 IDX and Developer. In performing their respective duties under this Agreement, both Developer and IDX will be independent contractors. Developer will assume and pay all costs incurred in connection with its solicitation of orders for IDX'S services pursuant to this Agreement, including, but not limited to, salaries, commissions and expenses of any sales personnel hired by Developer and all office and other overhead expenses. Developer will perform the duties required by this Agreement pursuant only to the authority granted and the restrictions imposed by this Agreement, and 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 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 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 IDX 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 IDX or Developer. All accounts that have been inactive for 12 months will be terminated. Additionally, we may terminate this Agreement effective immediately if you use IDX's name, logo, or graphics or include a link to the IDX's website in any form of unsolicited communication such as spam.

Qualified Client Account:
A qualified account eligible for monthly payback is defined as an account that has signed up through your custom development link provided to you during the Developer partner setup process; has been active for at least one FULL calendar month; and is paid in full and in good standing at the end of the reporting month.

Payment Process:
We will pay you referral fees on a monthly basis after the first fully completed month of service for each qualifying account, as described above. Approximately 30 days following the end of each calendar month, we will send you a check along with an account participation report for the fees earned on services that were activated, billed and delivered for the previous fully completed month. Payments will only be made if you have five or more active and paid accounts for the service period. If payments are past due on an account that account will not count towards the referral fee during that period and will not be paid retroactively.

Payment Terms & Conditions:
In order to comply with United States tax laws and receive payments from IDX for clients added to the network, you must provide your tax information to us. The 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 referral fees or the termination of this agreement. IDX reserves the right to specify and to change which services are qualifying services for the purposes of this payback program. The current payback schedule may change from time to time, and without prior notice. For the most current payback schedule please refer to the payment breakdown section located online at www.idxbroker.com/partners. The most recent terms and conditions for this and all other IDX related services, can be viewed online at http://idxbroker.com/termsofservice.php. 

Fees:
You are entitled to receive a waived setup fee on all client accounts if you are in good standing with IDX; have paid the Developer account establishment fee and have been approved to participate as a Developer.  You will begin receiving monthly payments with the 5th qualifying monthly account, until there are 5 active qualified accounts, no payments will be distributed.  You will receive a twenty-five percent (25%) payback on all qualifying monthly accounts as long as the number of qualifying accounts is between 5 and 25.  You will receive a thirty-five percent (35%) payback on all qualifying monthly accounts as long as the number of qualifying accounts is between 26 and 50. You will receive a forty-five percent (45%) payback on all qualifying monthly accounts as long as the number of qualifying accounts is greater than 51.  The payback structure is outlined as follows:

5-25 Qualified Monthly Accounts = 25% Payback

26-50 Qualified Monthly Accounts = 35% Payback

51+ Qualified Monthly Accounts = 45% Payback

Additionally, IDX shall have the right to change its payback and fee structure at any time. Updates will be provided on the IDX website.

Customers:
IDX will track all service orders placed by customers who use the special partner code included on the sign up form provided by IDX.  In order to receive credit for a new account, they 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 and final billing of the client signing up for services. Additionally, we will handle the requirements necessary in order to process payments, 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 when payment is made. The signup page, content and frequency of the reports may vary at our discretion. To permit accurate tracking, reporting and fee accrual, you must ensure that your clients utilize the correct link. 

Technical Support:
IDX intends to provide a high quality service for Developers participating in this program and its customers. Technical support will occur primarily through e-mail and knowledge base articles.  IDX staff will be available to you for urgent matters by phone during posted business hours. IDX will provide technical support directly to the Developer listed for the client account or other documented Developer representative. In most cases, Developer will be responsible for direct technical support for their customers.

Your Obligations:
In soliciting orders for IDX'S services under this Agreement, Developer shall: Comply with all applicable laws and regulations; accurately transmit to IDX 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 IDX except as expressly authorized by IDX; not bid on 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 IDX without first obtaining our written consent; and not use IDX's name, the IDX's logo, any IDX's graphics or include a link to the IDX's website 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 IDX or 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 IDX 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 Developer Terms and Conditions document maintained on our website. Your continued participation as a 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 IDX 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.
I agree to IDX, LLC Terms of Service.