Referral Terms & Conditions
TERMS OF SERVICE
All information received and disseminated by this website is maintained and processed by its owner and operator One Percent CRE. All referrals received through the Site are serviced and paid directly by One Percent CRE. Kentucky Statute, prohibits Kentucky licensees from paying fees or compensating anyone who does not hold a real estate license in Kentucky or another state.
The Site, and all services we offer, are intended solely for users who are 18 years of age or older, and any access or use of the Site by anyone under 18 years of age is unauthorized and in violation of these Terms of Service. By accessing or using the Site, you represent you are 18 years of age or older.
You agree that any information that you supply in connection with any referral shall be current, complete, and accurate to the best of your knowledge and belief. We reserve the right to reject any referral submitted and/or decline any referral agreement not prohibited by law.
You agree that any referral submitted through the Site that you submit using the Site shall only be concerning a Commercial Property.
You acknowledge that you have obtained the consent of the prospective client to provide all information made available, as well as the consent of the prospective client to be contacted by One Percent Commercial Real Estate LLC regarding said information made available for the purpose pertaining to commercial real estate.
You are solely responsible for the content and information you make available through the Site or in connection with our services and are solely responsible for any errors or omission in any information or content submitted through the site.
Once the Referral Form is completed and submitted, an email will be sent acknowledging receipt of the referral. All referral submissions are subject to review and qualification. Once accepted a One Percent CRE Agent will be assigned and a Referral Agreement will be created for licensed real estate agents detailing the referral fee.** The accepted Referral Agreement will be sent with the signature of a Managing Director to the referring licensed associate via the email address provided in the referral submission. The Referral Agreement must be executed with the referring licensed agent’s signature and returned to the Site per instructions to receive a referral fee. **
Please Note: You must return an executed copy of the Referral Agreement back to the Site before any referral fee** can be issued to a licensed real estate associate. We recommend you keep a copy of the executed agreement for your records. Please indicate on the Referral Form submitted through the Site if it is a time sensitive matter so proper attention may be given to the prospective client.
Acceptance of Referral: Receipt of the approved fully executed Referral Agreement by the Site in conjunction with a consummated transaction, One Percent CRE, agrees to send 25% of the gross commission as a referral fee. **
Prospective Client Contact Information & Transaction Needs: Accomplished by completing Referral Form through the Site. Please complete the Referral Form with as much information as possible in addition to the mandatory fields and we will take care of the rest.
**The customary referral fee among Licensed Associates is 25% of the gross commission of a lease, purchase or sale transaction.
** If referring a Listing, Commission is the total gross commission of the list side.
No Liability and Release
In no event shall the Site be liable, and you release us from any claims, if we should fail to close a transaction from a referral submitted. In no event shall we be responsible for any loss, delay, cost, damages, or liability that arises, directly or indirectly, in whole or in part, from (a) your actions or omissions, or those of third parties; (b) your negligence or breach of any agreement with One Percent CRE; (c) any ambiguity, inaccuracy, or omission in any instruction or information provided by you or any third party to us; (d) any failure or delay in the transmission or delivery of data, records, or items; (e) accidents, strikes or labor disputes, civil unrest, fire, flood, water damage (e.g., from fire suppression systems), inclement weather or acts of God; (f) causes beyond One Percent CRE’s reasonable control; (g) our inability to confirm to our satisfaction the authority of any person to act on your behalf; or (h) errors or failures resulting from defects in or malfunctions of your computer hardware or software, appraisals, environmental reports, site plans, architectural plans, pro formas, budgets, contracts, leases, rent rolls, proof of insurance or insurance commitments, insurance policies, and surveys. Financial documents may include, without limitation, balance sheets, income statements, personal financial statements, tax returns, financial institution statements, tax documents (W2s, K1s, 1099s, etc.), and pay stubs. To the extent a third party has or holds such information, you authorize One Percent CRE to receive such information from such third parties. You authorize One Percent CRE to exchange such information with prospective authorized parties of transactions. You authorize One Percent CRE to obtain a copy of any third-party report, including appraisals, environmental, or property inspection reports. You authorize One Percent CRE to use the data in any such appraisal for its own use and benefit.
Representations and Warranties
You represents and warrants that (a) if you are a business or entity or to any affiliate that is a business or entity, that it is duly organized, validly existing, and in good standing in the state or country of its organization; (b) the execution and performance of this Agreement and any other documents or records provided in connection with any service to be provided hereunder is duly and validly authorized by you and, if you are a Business, does not violate your charter or by-laws or any law or regulation.
Any notice provided for or permitted under this Agreement will be treated as having been given when (a) delivered personally, evidenced by a signed receipt, (b) sent by e-mail, (c) sent by commercial overnight courier with written verification of receipt, or (d) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified. The Site Terms of Service may change at any time if warranted or necessary. If and when changes are made to the Terms of Service, we reserve the right to amend these Terms of Service at any time with or without notice. All changes will be posted here and should be checked periodically. Any notices delivered to you may be delivered via email using the latest email address on file provided by registered users and/or referrers. Notices to The Site shall be delivered to 9523 US-42 Ste. #1128, Prospect, KY 40059 with a copy via email to email@example.com. All notices delivered may be forwarded if deemed necessary by the Site to One Percent CRE. Either party may change the notice address upon prior written notice. Any notice delivered in accordance hereof will be treated as having been received upon the earlier of actual receipt or three (3) days after posting with copy received via email to the aforementioned email address.
Restrictions on Use
You agree to abide by all applicable laws and regulations in your use of the Site and our services. In addition, you agree that you will not do any of the following:
(1) Submit referrals on behalf of an individual other than yourself or on behalf of any group or entity, unless you have authority to do so;
(2) Submit or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law;
(3) Submit or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise offensive, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our users to any harm or liability of any type;
(4) Submit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation.
(5) use the information or content on our Site for unlawful purposes;
(6) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(7) use the Site or our services in any manner that could damage, disable, overburden or impair the Site;
(8) harvest or collect email addresses or other contact information of our users from the Site by electronic or other means, including via the use of malware;
(9) Submit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(10) misrepresent any information you submit to the Site, including personal information and including as set forth on any document.
We reserve the right to terminate your use of the Site or any of our services if you violate these Terms of Service or any other agreement with us or it is learned that you have misrepresented any information or learned that you are in violation of any applicable laws.
Changes and Modifications
We reserve the right to temporarily or permanently modify or discontinue the Site, or any portion of the Site, for any reason, without notice to you. We may also change the Terms of Service from time to time upon notice to you, which shall become effective immediately upon our providing of such notice, which may be provided via email using the latest email address on file provided by registered users and/or referrers. Your continued access or use of the Site after any modifications have become effective shall be deemed your assent and conclusive acceptance of the modified Terms of Service. All changes will be posted here and should be checked periodically.
The Site and our services are provided “as is” and without any representation or warranty, whether express, implied or statutory. We, our directors, agents, employees, members, managers, and affiliates specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant the accuracy, adequacy or completeness of the information provided on the Site and expressly disclaims liability for any errors or omissions in such information. We do not guarantee continuous, uninterrupted or secure access to the Site or any of our Services, and the operation of the Site may be interfered with by numerous factors outside of our control. We cannot guarantee and do not promise any specific results from use of the Site and/or our services. Although we provide rules for user conduct and content, we do not control nor are we responsible for content submitted by any user, including any offensive, inappropriate, obscene, unlawful or otherwise objectionable content. We are not responsible for the conduct, whether online or offline, of any user of the Site or our services.
You agree that we may promptly correct any error that we discover, including any error in any referral agreement or calculation thereof. If the error results in your receipt of an incorrect referral payment, we will notify you and provide you with the correction. You agree to provide any further assurances or additional consents necessary to correct any such errors.
Limitation of Liability
You agree that your access and use of the Site and its contents, and your use of the services is at your own risk. In no event shall we be held liable for any damages, including direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Site or any use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if we or our representatives are advised of the possibility of such damages, losses or expenses.
You agree that “OnePercentCRE.com”, “CRE Referral Page”, “One Percent CRE”, “One Percent Commercial Real Estate LLC” and all logos, marks, trademarks or other intellectual property (collectively “IP”) that is related to our services are our or our licensors’ IP. Our code and software, the content on our Site and in any subdomain thereof, including but not limited to OnePercentCRE.com, as well as our business models, pricing, lender network, affiliates and partners, and methods by which we provide our services are considered proprietary IP. You may not copy, imitate or use any such IP without our prior written consent. In addition, all code, layout, page headers, custom graphics, button icons, and scripts are our service marks, and/or trade dress and you may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Site, any content thereon, our services, the technology related to our services, and any and all technology and any content created or derived from any of the foregoing is our and One Percent CRE’s exclusive property.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification to us via email at firstname.lastname@example.org, or via regular mail at 9523 US-42 Ste #1128, Prospect, KY 40059. In your notification please (1) confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed; (2) identify the copyrighted work or works you claim has been infringed; (3) identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed; please include information reasonably sufficient to permit us to locate the material; (4) provide your contact details, including an email address; and (5) provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
In the event any dispute or controversy arises with respect to the subject matter of these Terms of Service or between us, such dispute or controversy shall be governed with priority to the mandatory non-binding arbitration rules and procedure as set forth by the American Arbitration Association. All other disputes or controversies arising from these Terms of Service or between us that are not subject to the rules and procedure as set forth by the state of Kentucky and will be settled by final, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and before a panel of three arbitrators, and governed by the laws of Kentucky. Within fourteen (14) days after the initiation of an arbitration proceeding, each Party shall select one arbitrator, and those two arbitrators shall then select, within fourteen (14) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such fourteen (14) day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association within seven (7) days of request thereof. The arbitrator’s decision shall be final and binding upon the parties, shall provide a reasoned basis for the resolution of each dispute and for any award, and judgment thereon may be entered in any court having jurisdiction. Each party will bear one half of the cost of the arbitration filing and hearing fees, and the cost of the arbitrator. In the event that a party shall fail to timely or fully remit payment for such filing or hearing fees, the other party shall be entitled to a judgment in its favor. The prevailing party in any such arbitration shall be entitled to an award of their attorneys’ fees and costs.
These Terms of Service shall be governed in all respects by the laws of the State of Kentucky, without regard to its provisions relating to conflict of laws. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. This Agreement shall bind and inure to the benefit of the Parties’ successors and permitted assigns. You may not assign this Agreement without our written consent. The Site may assign this Agreement without consent. This Agreement constitutes the entire agreement between us relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiation, and agreements, whether written or oral. No term or provision shall be considered waived, and no breach excused, regardless of conduct, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No such consent or waiver to a breach by either party shall constitute a consent, waiver, or excuse of any other, different, or subsequent breach. There is no relationship of agency, partnership, joint venture, employment, or franchise between us. Neither party has the authority to bind the other or incur any obligation on its behalf. Nothing contained herein shall be deemed to create fiduciary status between us in connection with the provision of any of products or services.