Program Terms and Conditions
1. Broker Agreement. Your participation in the Program is subject to your Broker Contract with Reliance Relocation Services, Inc. d/b/a Leading Real Estate Companies of the World® (“Broker Contract”). In the event of any direct conflict between this Agreement and the terms of the Broker Contract, the terms of this Agreement will prevail.
2. Rights & Restrictions. During the term of this Agreement, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Agent Accelerator Program and all materials associated therewith (jointly, “Materials”) solely for your own business purposes, subject to the terms and conditions of this Agreement. you acknowledge and agree that the Materials are owned exclusively by Ninja Selling (“Ninja”), and that LeadingRE is offering the Program to you pursuant to its strategic alliance agreement with Ninja. All rights not expressly granted to you are reserved by LeadingRE and Ninja. LeadingRE retains the right to modify the Program at any time.
3. Your Responsibilities. You are exclusively responsible for all activities related to presenting the Program and distributing the related materials. You will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Program and Materials. You will immediately notify LeadingRE of any unauthorized use of the Materials.
4. Term and Termination. The initial term of this Agreement is for one (1) year, and shall automatically renew for additional one (1) year terms (collectively with the initial term, the “Term”) unless either party provides notice of termination at least thirty (30) days prior to the end of the then-current term. In the case of termination of the Broker Contract, this Agreement will automatically terminate. If (i) either party materially breaches this Agreement, or (ii) if the strategic alliance agreement between LeadingRE and Ninja terminates or the Program otherwise becomes unavailable for offer by LeadingRE, then LeadingRE may terminate this Agreement without penalty. You agree that your recourse for any early termination is limited to the refund of any prepaid amounts for Materials not yet delivered to you.
5. Intellectual Property. You agree that between you and Ninja, Ninja is the owner of all right, title, and interest throughout the world in and to the Materials, including all patents, copyrights, trademarks, trade secrets, and other intellectual property rights (collectively “Intellectual Property Rights”) therein. Neither you nor your agents, employees, guests, or any other third party have any right or license to use, publish, reproduce, prepare derivative works based upon, distribute, perform, or display any of the Materials except as required to provide the Program to your agents during the Term as permitted herein. you have no right or license to use Ninja’s or LeadingRE’s trademarks, service marks, trade names, logos, symbols, or brand names, except as required to provide the Program to your agents as permitted herein.
6. Indemnification. You will defend, indemnify, and hold harmless LeadingRE, Ninja, and each of their affiliates, officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from: (a) bodily injury, death of any person, or damage to real or tangible personal property resulting from your or your agents’ or employees’ acts or omissions; and (b) your breach of any representation, warranty, or obligation under this Agreement, including without limitation your noncompliance with applicable privacy laws, the Americans with Disabilities Act, or any other law or regulation.
7. Exclusion of Damages and Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NEITHER PARTY NOR NINJA SHALL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT SHALL EITHER PARTY’S OR NINJA’S LIABILITY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID UNDER THIS AGREEMENT. NOTHING HEREIN SHALL LIMIT YOUR INDEMNIFICATION OBLIGATIONS.
8. Assignment. Neither Party may assign its rights and obligations under this Agreement, including by operation of law, without the written permission of the other party.
9. Survival. Sections 4, 5, 6, and 7 of these Terms will survive termination.
2. Rights & Restrictions. During the term of this Agreement, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Agent Accelerator Program and all materials associated therewith (jointly, “Materials”) solely for your own business purposes, subject to the terms and conditions of this Agreement. you acknowledge and agree that the Materials are owned exclusively by Ninja Selling (“Ninja”), and that LeadingRE is offering the Program to you pursuant to its strategic alliance agreement with Ninja. All rights not expressly granted to you are reserved by LeadingRE and Ninja. LeadingRE retains the right to modify the Program at any time.
3. Your Responsibilities. You are exclusively responsible for all activities related to presenting the Program and distributing the related materials. You will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Program and Materials. You will immediately notify LeadingRE of any unauthorized use of the Materials.
4. Term and Termination. The initial term of this Agreement is for one (1) year, and shall automatically renew for additional one (1) year terms (collectively with the initial term, the “Term”) unless either party provides notice of termination at least thirty (30) days prior to the end of the then-current term. In the case of termination of the Broker Contract, this Agreement will automatically terminate. If (i) either party materially breaches this Agreement, or (ii) if the strategic alliance agreement between LeadingRE and Ninja terminates or the Program otherwise becomes unavailable for offer by LeadingRE, then LeadingRE may terminate this Agreement without penalty. You agree that your recourse for any early termination is limited to the refund of any prepaid amounts for Materials not yet delivered to you.
5. Intellectual Property. You agree that between you and Ninja, Ninja is the owner of all right, title, and interest throughout the world in and to the Materials, including all patents, copyrights, trademarks, trade secrets, and other intellectual property rights (collectively “Intellectual Property Rights”) therein. Neither you nor your agents, employees, guests, or any other third party have any right or license to use, publish, reproduce, prepare derivative works based upon, distribute, perform, or display any of the Materials except as required to provide the Program to your agents during the Term as permitted herein. you have no right or license to use Ninja’s or LeadingRE’s trademarks, service marks, trade names, logos, symbols, or brand names, except as required to provide the Program to your agents as permitted herein.
6. Indemnification. You will defend, indemnify, and hold harmless LeadingRE, Ninja, and each of their affiliates, officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from: (a) bodily injury, death of any person, or damage to real or tangible personal property resulting from your or your agents’ or employees’ acts or omissions; and (b) your breach of any representation, warranty, or obligation under this Agreement, including without limitation your noncompliance with applicable privacy laws, the Americans with Disabilities Act, or any other law or regulation.
7. Exclusion of Damages and Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NEITHER PARTY NOR NINJA SHALL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IN NO EVENT SHALL EITHER PARTY’S OR NINJA’S LIABILITY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID UNDER THIS AGREEMENT. NOTHING HEREIN SHALL LIMIT YOUR INDEMNIFICATION OBLIGATIONS.
8. Assignment. Neither Party may assign its rights and obligations under this Agreement, including by operation of law, without the written permission of the other party.
9. Survival. Sections 4, 5, 6, and 7 of these Terms will survive termination.