These SOLD.com Featured Lender Terms and Conditions (the "Agreement") govern the placement of SOLD.com Featured Lender advertisements (collectively, "Ads") with SOLD.com, Inc. ("SOLD.com" or the "Company") by the customer ("Advertiser") placing an Ad order (an "Ad Order").
SOLD.com and Advertiser agree and acknowledge that the Terms in this Agreement are the following:
Advertiser is solely responsible for all: materials submitted to SOLD.com for inclusion in an Ad, including, without limitation ad photos, information, and other content. Advertiser represents and warrants to SOLD.com that it is authorized to act on behalf of and has bound to the terms of this Agreement any third party for which Advertiser places Ads.
SOLD.com shall, for a period of time as indicated in the corresponding Ad Order (the "Term" or “Subscription Term”), display an Ad on www.SOLD.com and/or other URLs controlled by SOLD.com (the "SOLD.com Sites"), and on websites and applications owned or operated by SOLD.com's authorized licensees (the "Licensee Sites") when applicable. SOLD.com shall display Featured Lender Ads on search results pages for markets subscribed by Advertiser, or on other pages on the SOLD.com Sites or the Licensee Sites served to users who have visited pages for those subscribed markets.
Fractional Markets: Some markets have been virtually divided, (typically at the county level), marketed and sold as fractionnal market share. For example, a 1/2 market share means the county volume will be split in 2, and the Advertiser would be displayed to 1/2 of the leads originated in the county.
Occasionally, market shares may change after purchase. For example, an Advertiser may purchase a subscription for 1/2 a county's market share, and SOLD.com may further split that county in to 3 market shares at a future point. (Selling the volume across 3 subscribing Advertisers) In that case, SOLD.com may, at its discretion, supplement originally anticipated volume by promoting Advertiser in markets outside those originally purchased by Advertiser.
Although an Ad Order may include an estimate or prediction of how many times the Ads are estimated to be viewed during the Term and/or how many leads or closings Advertiser might expect, SOLD.com cannot and does not guarantee these numbers. Advertiser understands that users of the SOLD.com Sites and Licensee Sites, automated computers, third parties, and SOLD.com itself may generate views, impressions or clicks on Advertiser's ads for proper or improper purposes. Visitor traffic and/or engagement is not reasonably predictable. SOLD.com has priced the Ads with this risk in mind, and Advertiser accepts this risk in purchasing an Ad.
SOLD.com may send email to Advertiser, asking Advertiser to confirm the continued accuracy of an Ad. If Advertiser does not respond to the update request within the time frame specified, SOLD.com may remove the Ad from the SOLD.com Sites without refunding any prepaid amounts to Advertiser. Advertiser may reinstate the Ad, or revise it with different content, at any time during the remainder of the Term of the Ad.
a. SOLD.com is committed to helping home buyers and sellers. As such, we have minimum performance expectations from our Loan Officer network in order to participate in our Featured Lender Display program. This qualification criteria considers performance metrics including, but not limited to, conversion rate, customer service ratings, and performance compared to the Advertiser’s peers. The qualification metrics may be modified at will by SOLD.com, and may or may not be provided to the Advertiser. SOLD.com reserves the right to refuse service to anyone based on its proprietary criteria.
b. In the event an Advertiser has been deemed ineligible to participate in the program, they may be a) prevented from purchasing new markets, and/or b) removed from markets already purchased. In the event of the latter, SOLD.com will notify the agent of their disqualification, and will refund any balance of future fees paid on a prorated basis.
All Ad purchases are nonrefundable.
Featured Lender Display Ads run for the Term as outlined in the initial Ad order, then automatically renew for a continued term. Term renewals are as described below.
Upon expiration of the initial term outlined in the initial Ad order, Ads will be automatically renewed on a month-to-month term at current pricing at the time of the renewal. Advertiser will be notified by this automatic renewal at least 15 days prior to the expiration of the initial term. Advertiser will be provided means to cancel the automatic renewal via electronic and/or telephonic means.
SOLD.com may, in its sole discretion, change the price to be paid by an Advertiser for such Featured Lender Ad, effective as of the beginning of any such renewal term. Advertiser will be notified via email of any change in price.
SOLD.com reserves the right to suspend or terminate any Ads program and/or the terms of this Agreement at any time. Sections 1, 2(a), 3, 4, 5, 6, 7, and 8 will survive any termination of this Agreement.
Advertiser shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions, inquiries, conversions, clicks or other actions for Advertiser's own advertisements or any other advertisements on the SOLD.com Sites or the Licensee Sites; (b) use any automated means of scraping or data extraction to collect SOLD.com advertising-related information from any SOLD.com Site or Licensee Site except as expressly permitted by SOLD.com in writing; or (c) advertise anything illegal or engage in any illegal or fraudulent business practice. Advertiser represents and warrants to SOLD.com that it holds and hereby grants SOLD.com all rights (including any copyright, trademark, patent, publicity or other rights) in Ad Materials, Website Content and Advertised Properties and Services necessary for SOLD.com to operate the Ads program (including any rights needed to use, reproduce, modify, distribute, perform, display, and create derivative works of Ad Materials) in connection with this Agreement. Advertiser represents and warrants to SOLD.com that all Advertiser information provided in connection with Advertiser's account and any Ad Order is complete, correct and current. Further, Advertiser represents and warrants that, regarding any rights granted by Advertiser hereunder, Ad Materials, Website Content and Advertised Properties and Services will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third-party rights (including intellectual property rights). Violation of the foregoing may result in immediate termination of Advertiser's Ad Order(s) and/or Advertiser's account without notice, without limiting any other remedies available to SOLD.com.
SOLD.COM PROVIDES THE ADS PROGRAMS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH ADVERTISER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLD.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOLD.COM, ITS LICENSEES, AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NONINFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. Without limitation, SOLD.com disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) availability and delivery of any impressions or Ad Materials on any SOLD.com Site or Licensee Site, or section thereof; (ii) click through rate; (iii) click throughs; (iv) conversions or other results for any ads; or (v) the adjacency or position of Ads on the SOLD.com Site(s) or the Licensee Site(s). EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND ADVERTISER'S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (y) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO ADVERTISER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (z) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO SOLD.COM BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures.
Advertiser shall be responsible for all charges as articulated in the Ad order and any subsequent renewal terms, and shall pay all charges in U.S. Dollars. In the event Advertiser fails to pay, unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Charges are exclusive of applicable taxes. Advertiser is responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) SOLD.com incurs in collecting unpaid amounts. To the fullest extent permitted by law, Advertiser waives all claims relating to charges (including any claims for charges based on suspected invalid clicks) unless claimed within sixty (60) days after the charge (without prejudice to Advertiser's credit card issuer rights). Charges are based solely on SOLD.com's measurements for the Ads program. To the fullest extent permitted by law, refunds (if any) are at the sole discretion of SOLD.com. Nothing in this Agreement may obligate SOLD.com to extend credit to any party. Advertiser acknowledges and agrees that any credit card and related billing and payment information that Advertiser provides to SOLD.com may be shared by SOLD.com with companies who work on SOLD.com's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to SOLD.com and servicing Advertiser's account. SOLD.com may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. SOLD.com shall not be liable for any use or disclosure of such information by such third parties.
SOLD.com may change the terms of this Agreement at any time upon notice and without liability. SOLD.com may give notice as described in Section 10 below, or SOLD.com may give notice by email. SOLD.com further reserves the right to change or discontinue any or all of the Ads programs at any time with or without notice.
Advertiser agrees that SOLD.com, or a third party acting on behalf of SOLD.com, may call and/or send text messages to the telephone number(s) provided by Advertiser, including calls and text messages using an automatic telephone dialing system and/or an artificial or prerecorded voice (“Other Messages”). Advertiser further agrees that such calls and/or text messages may constitute telemarketing, e.g. SOLD.com may call with information about new service offerings available to Advertiser. Advertiser understands that agreeing to receive Other Messages that constitute telemarketing is not a condition to purchase.
This Agreement is governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Advertiser agrees to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Orange County, California for any and all disputes, claims and actions arising from or in connection with the Ads or this Agreement. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses. This Agreement, including the corresponding Ad Order(s), constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other agreements, terms and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g. reference to a purchase order number) or oral discussions are void. Advertiser may grant approvals, permissions, extensions and consents by email, but any modifications by Advertiser to the Agreement must be agreed upon in a writing executed by both parties. Notice to Advertiser may be effected by sending an email to the email address specified in Advertiser's account, or by posting a message to Advertiser's account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for a message). A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the Agreement will remain in full effect. Advertiser may not assign any of its rights hereunder and any such attempt is void. SOLD.com and Advertiser are independent contractors, not legal partners or agents. In the event that this Agreement or the applicable Ads program is terminated, SOLD.com shall not be obligated to return any materials to Advertiser.
Last Updated: 01/09/2024