REAL ESTATE 101 ONLINE ADVERTISING TERMS & CONDITIONS
Updated: June 02, 2018
TERMS AND CONDITIONS
REAL ESTATE 101: THE HOME BUYING & SELLING SHOW (hereinafter referred to as “REAL ESTATE 101”) agrees to provide the Client (hereinafter referred to as “CLIENT” or “YOU”) with advertising (hereinafter referred to as “ADVERTISING”) as described below. By placing an order for ADVERTISING, the CLIENT confirms they have read the Terms and Conditions of this Agreement in its entirety, and agrees to be bound thereby.
RIGHT TO APPROVE OR DENY ADVERTISING
REAL ESTATE 101 retains the full rights to approve or deny any ADVERTISING on our platforms in our sole and absolute discretion.
ADVERTISING DETAILS AND PRICES
All ADVERTISING details and prices can be found at: https://real-101.com/advertise/
REAL ESTATE 101 reserves the right to change these prices at their sole option.
BANNER DESIGNS & SIZES
REAL ESTATE 101 agrees to provide the banner design free of charge. The sizes are subject to change in the event REAL ESTATE 101 needs to adjust sizing for proper formatting on our platforms at our sole discretion.
Banners can be linked to any website, video or social media profile of CLIENTS choosing provided it is not on our prohibited list and meets our advertising guidelines.
No porn, gambling, violence, racist and illegal drugs ADVERTISING allowed and will be automatically denied with no refund provided!
Category spots are available on first come first serve basis! CLIENT can purchase banner ADVERTISING for an entire category to cover all episodes in that category at a 10% discount. Contact us for a custom quote!
INVOICING & PAYMENTS
All payments for banner ADVERTISING must be in the form of Credit Card or PayPal and is automatically charged up front and every month to your Credit Card or PayPal account. Payments for banner ADVERTISING will continue until canceled by the CLIENT.
All one-time ADVERTISING fees must be paid in advance of the ADVERTISING being delivered. All fees are plus taxes when applicable.
Any questions or discrepancies regarding charges must be reported to us within (15) fifteen days of the date of our invoice or other statement. Failure to notify us within this time period will constitute your acceptance of such charges.
All payments made to REAL ESTATE 101 shall be in the form of lawful currency of the United States (US Dollars).
All fees are non-refundable.
LATE FEES AND SUSPENSION
Outstanding balances more than 15 days will be marked overdue and be subject to a 5% late fee penalty. All outstanding balances more than 30 days will be subject to a 10% late fee penalty and immediate suspension of the ADVERTISING until outstanding balances are paid. All outstanding balances more than 45 days will be subject to a 20% late fee penalty and sent to a collection agency for collection of outstanding amounts and reporting to the credit bureaus.
BONUS OR OTHER COMPENSATION
In the event REAL ESTATE 101 provides other ADVERTISING or services to the CLIENT, REAL ESTATE 101 will inform the CLIENT of the total cost and will require a signed work order, quote, estimate or contract along with payment before the other ADVERTISING or services begin.
CHANGES TO PRICING
Prices of all ADVERTISING are subject to change upon 30 days notice from REAL ESTATE 101. Such notice may be provided at any time by posting the changes to REAL ESTATE 101 website or by emailing the notice to the CLIENT.
TIME PERIOD FOR DELIVERY OF ADVERTISING
For all banner ADVERTISING, REAL ESTATE 101 agrees to deliver the completed banners within 15-30 days, and they will go live within 5 days of approval by the CLIENT. For all other forms of ADVERTISING, REAL ESTATE 101 agrees to deliver the completed ADVERTISING no later than 30-60 days, and they will go live within 30 days of approval by the CLIENT.
SUPPLY OF MATERIALS
The CLIENT must supply all materials and information required by REAL ESTATE 101 to deliver the ADVERTISING. Such materials may include, but are not limited to, photographs, written copy, logos and other material. Where there is any delay in supplying these materials to REAL ESTATE 101 which leads to a delay in the completion of the ADVERTISING, REAL ESTATE 101 shall have the right to extend the time for completion by a reasonable amount.
REAL ESTATE 101 shall have the right to limit the number of revisions to a reasonable amount and may charge for additional revisions if the CLIENT makes a change to the original design. Our design phase is flexible and allows certain variations to the original specifications. However, any major deviation from the specification will be charged at the rate of $50.00 per hour.
Any time frames or estimates that we give are contingent upon full CLIENT co-operation. During the design phase, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the banner design process.
APPROVAL OF WORK
On completion of the ADVERTISING, the CLIENT will be notified and have the opportunity to review it. The CLIENT must notify REAL ESTATE 101 in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to REAL ESTATE 101 as unsatisfactory within the 7-day review period will be deemed to have been approved by the CLIENT. Once approved, or deemed approved, work cannot subsequently be rejected and the ADVERTISING will be deemed to have been completed.
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
All ADVERTISING purchased from REAL ESTATE 101 is done so on a non-exclusive basis. REAL ESTATE 101 may freely sell ADVERTISING to anyone they so choose even if those advertisements are direct competitors of the CLIENT.
FIRST RIGHT OF REFUSAL
The CLIENT has the first right of refusal to renew their banner ADVERTISING at the previous month’s rate. If you do not renew and decide to re-join at a later date, the new posted ADVERTISING rates will apply.
INTELLECTUAL PROPERTY RIGHTS
The names, logos, graphics, icons, and service names associated with REAL ESTATE 101 are trademarks, registered trademarks or trade dress of REAL ESTATE 101 or its licensors or principals in Canada and/or other countries. REAL ESTATE 101’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of REAL ESTATE 101, or in any manner that is likely to cause confusion among consumers or that disparages or discredits REAL ESTATE 101.
The compilation of all content on REAL ESTATE 101 is the exclusive property of REAL ESTATE 101 and is protected by laws of Province of Ontario, and international copyright laws. YOU may not use, copy, transmit, modify, disseminate, distribute, or create any derivative works from any content from REAL ESTATE 101 unless we have expressly authorized YOU to do so in writing.
All other trademarks or trade names not owned by REAL ESTATE 101 that appear on REAL ESTATE 101 are the property of their respective owners, who may or may not be affiliated with or connected to REAL ESTATE 101. If YOU fail to adhere to these Terms of Agreement, other content owners may take criminal or civil action against YOU. In the event legal action is taken against YOU for your acts and/or omissions with regard to any content on REAL ESTATE 101, YOU agree to indemnify and hold harmless REAL ESTATE 101 and its employees, contractors, officers, directors, agents, representatives, vendors, and content providers. Also, please note that YOU may be liable for damages (including costs and attorney/lawyer’s fees) if YOU make a false claim copyright infringement.
COPYRIGHT AND CONTENT
The CLIENT acknowledges that the content provided to REAL ESTATE 101 by the CLIENT for the ADVERTISING is their sole responsibility and not in any way the responsibility of REAL ESTATE 101. The CLIENT must not allow others to alter in any way, copy, disseminate, or reproduce the ADVERTISING.
For banner ADVERTISING, the CLIENT can terminate this Agreement at anytime by providing REAL ESTATE 101 with 30 days’ notice in writing. Phone calls will not be acceptable mediums for cancellation. The CLIENT will need to provide written notice. Emails are sufficient.
Upon termination notice by the CLIENT, one final payment will be charged regardless of when the termination notice is received or where the CLIENT is at in the current month billing cycle. The ADVERTISING will remain online for (30) thirty days after REAL ESTATE 101 receives the termination notice from the CLIENT.
REAL ESTATE 101 may terminate this Agreement at any time for any reason with or without cause by providing the CLIENT notice of Agreement termination in writing.
WARRANTY AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The CLIENT must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, company logos, names and trademarks, or any other material that YOU supply to REAL ESTATE 101 to include in the ADVERTISING. YOU agree to indemnify and hold REAL ESTATE 101 harmless from any claims or legal actions related to the material YOU provide.
The CLIENT agrees to keep confidential all Confidential Information and any uses or disclosures of Confidential Information by or on behalf of the CLIENT must be expressly approved by REAL ESTATE 101 in writing. The CLIENT agrees to protect the Confidential Information and prevent any wrongful use, dissemination or publication of the Confidential Information not permitted hereunder by a reasonable degree of care, but no less than the degree of care than it uses to protect its own confidential information of a like nature.
INDEMNITY AND WAIVER
The CLIENT agrees to indemnify and save harmless REAL ESTATE 101, its employees, agents, officers, and directors from any Claims arising as a result of or in relation to your relationship with REAL ESTATE 101.
In no event, will REAL ESTATE 101 be liable to the CLIENT for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if REAL ESTATE 101 has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
REAL ESTATE 101’s liability for any claims made by the CLIENT or third parties will be limited to the fees charged and collected from the CLIENT by REAL ESTATE 101, up to a maximum of the previous 12 months.
All references in this Agreement regarding times, business days, statutory holidays and notices are as per Eastern Standard Time, and the City of Toronto, Ontario, Canada.
ASSIGNMENT OF AGREEMENT
This Agreement may not be assigned by the CLIENT to any other person or party without our prior written consent. REAL ESTATE 101 may assign this Agreement and all rights and or obligations hereunder to any third party without notice for any purpose including without limitation the collection of unpaid amounts, or in the event of an acquisition, corporate or business reorganization, merger or sale of the business or assets to another party or entity.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
This Agreement shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
EXECUTION AND COUNTERPARTS
Each Party acknowledges that prior to the execution of this Agreement, it read this Agreement, it had the opportunity to be advised by an independent legal advisor if it so desired, and that it understands and agrees to be bound by this Agreement. This Agreement may be executed in any number of counterparts, which, taken together, will constitute one Agreement. It is further agreed that faxed or electronically delivered copies of this instrument are deemed as legally binding as the original.
This Agreement constitutes the entire Agreement between the Parties pertaining to the subject matter of this Agreement and supersedes all prior Agreements or understandings of the Parties pertaining to that subject matter.
By placing an order, I the CLIENT acknowledge, represent and agree that this order is to be implemented, authorize payment under the ADVERTISING selected and be bound by all the Terms and Conditions of this Agreement.
CONTACT REAL ESTATE 101
The CLIENT can contact REAL ESTATE 101 at any time by submitting the form on our contact us page, or by submitting a support ticket. REAL ESTATE 101 will do our best to respond within (1) one business day.