Terms Of Service

eFund Realty

eFundRealty PartnersManager - Affiliate Software

1) Term of the Agreement: The term of this Agreement will begin upon our approval of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Should we terminate this agreement we will notify you by email with termination becoming effective immediately upon our sending you the termination email. You are only eligible to earn referral fees on sales occurring during the term of the agreement.

2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

3) Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

4) Commissions: For each verified sale on our site resulting from your referral, eFund Realty agrees to pay you a .05% commission on the price for which the property was sold. Besides regular commissions, eFund Realty agrees to pay bonus commissions due to sales made by sub-affiliates. For each verified sale on our site that comes through your sub-affiliates' referrals, you will receive a .01% commission on the price for which the property was sold. Your commission check will be generated everytime your minimum threshold of commission is made. Your minimum threshold of payment is depending upon your choice.

5) Licenses: eFund Realty grants you a revocable, non-exclusive worldwide license to use, reproduce and transmit the name, logos, or trademark on the website approved by eFund Realty. solely for the purpose of creating links from your website to the eFund Realty website.

6) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

7) Miscellaneous: This Agreement will be governed by the laws of the United States and the state law of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Sacramento, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

COPYRIGHT: All title and copyrights in and to the Software (including but not limited to any image, photographs, animations, video, audio, music, text and "applets", incorporated into the Software) are owned by eFundRealty or its suppliers. The Software Service is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material.