Agent Advertising Agreement

1. Services Provided
   The Operator agrees to provide the selected Package(s) as described in the Site’s pricing page or order confirmation, including but not limited to:

• Featured placement of Agent-submitted property ads in search results, maps, or dedicated sections.
• Display of Agent-provided photos, descriptions, contact info, and links.
• Agent profile page or badge on property ads.
• Other promotional features (e.g., priority sorting, email notifications to users).

The Operator does not provide brokerage services, negotiate sales, handle offers, show properties, or participate in closings. All property ads remain under the exclusive control and responsibility of the Agent and their licensed brokerage/firm.

2. Agent Representations and Warranties
   The Agent represents and warrants that:
   a. They hold a valid, active real estate license (as a sales associate, broker, or equivalent) in the state/jurisdiction where each submitted property is located and are in good standing with the relevant licensing authority.
   b. All properties submitted are active, authorized by the seller/client, and compliant with their brokerage/firm agreement, any applicable MLS/IDX policies, and laws of the property’s jurisdiction.
   c. They have full rights and permissions to provide photos, descriptions, and other materials for display on the Site.
   d. All advertising on the Site will include the licensed brokerage/firm name prominently (as required by the Agent’s state licensing authority and NAR Code of Ethics/Internet Advertising Policy), and properties will clearly indicate they are handled by a licensed professional (e.g., “Listing courtesy of [Agent Name], [Brokerage Name]. Contact the listing agent directly.”). Any digitally altered or AI-generated images that materially change the property’s appearance will be disclosed as required by applicable state law (e.g., California AB 723 effective 2026).
   e. They will not submit false, misleading, or deceptive information, and all ads comply with federal fair housing laws and state-specific advertising rules.
3. Compliance with Applicable Laws
   a. The Agent is solely responsible for ensuring their properties and advertising comply with all applicable federal, state, and local real estate laws in the property’s jurisdiction, including licensing requirements, brokerage/advertising rules (e.g., prominent firm name disclosure), fair housing, disclosure obligations (e.g., material defects, lead-based paint, digital alterations), and any MLS/IDX policies.
   b. The Site will display site-wide disclaimers: “This is an advertising and property ad platform only. Homevind.com is not a licensed real estate broker and does not provide brokerage, negotiation, or transaction services in any state. FSBO ads are posted directly by owners. Private annual, short-term, and vacation rentals are posted directly by owners. Agent-featured properties are paid advertisements provided by licensed professionals—contact the listing agent/brokerage directly for all inquiries. All information is deemed reliable but not guaranteed.”
   c. Properties must include the brokerage’s licensed name adjacent to or above/below contact info (or as required by state law).
4. Submission Process
   a. Agent submits property ads via the Site’s front-end form.
   b. Operator moderates for basic compliance (e.g., presence of brokerage info) but does not verify accuracy, ownership, licensing, or legality—that’s the Agent’s responsibility.
   c. Operator may reject/remove properties that appear non-compliant or violate Site policies.
5. Payment and Term
   a. Agent pays the selected Package fee via Stripe. Fees are non-refundable except as stated in Site policy.
   b. Package terms: Paid monthly or annually. Auto-renews unless canceled.
   c. Operator may terminate access for non-payment or violations.
6. Indemnification, Defense, and Hold Harmless
   a. Broad Indemnification by Agent. Agent (including its officers, directors, employees, agents, contractors, affiliates, successors, and assigns) agrees to indemnify, defend (with counsel reasonably acceptable to Operator), and hold harmless the Operator, its owners, members, managers, officers, directors, employees, contractors, agents, affiliates, successors, assigns, licensors, service providers, and all related parties (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, judgments, settlements, costs, expenses, and fees (including but not limited to reasonable attorneys’ fees, paralegal fees, expert fees, court costs, and investigation expenses at all levels — pretrial, trial, appeal, and administrative) of any kind or nature whatsoever (collectively, “Claims”), whether actual or alleged, direct or indirect, known or unknown, arising out of, related to, or in any way connected with: (i) any property ad, advertisement, content, materials, data, photos, descriptions, or information submitted, provided, or displayed by Agent (or on Agent’s behalf) on or through the Site; (ii) any transaction, inquiry, lead, negotiation, sale, lease, or other dealing involving any property ad featured or advertised via the Site as a result of Agent’s participation or Package; (iii) any breach by Agent of this Agreement, any representation, warranty, covenant, or obligation herein;
   (iv) any violation by Agent of applicable federal, state, or local law, regulation, real estate licensing/advertising rules (including brokerage name disclosure, digital alteration disclosures, and fair housing), MLS/IDX policies, intellectual property rights, privacy laws, or third-party rights; (v) any act, omission, negligence, willful misconduct, fraud, misrepresentation, or error by Agent or its representatives; or (vi) any Claim by any third party (including buyers, sellers, other agents, or government entities) arising from or related to the foregoing. This indemnification obligation applies regardless of whether the Claim arises in whole or in part from the negligence (active or passive), strict liability, or other fault of any Indemnified Party and whether or not the Claim has merit. The intent is to provide the broadest possible indemnification permitted under Florida law. If any portion is deemed unenforceable, the remainder shall remain in full force, and courts may reform to the maximum enforceable scope. b. Survival. This Section survives termination or expiration of this Agreement indefinitely.
7. Limitation of Liability and Disclaimers a. AS IS / AS AVAILABLE Basis. The Site, services, Packages, and all content are provided “AS IS” and “AS AVAILABLE,” with no warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, timeliness, or uninterrupted/error-free operation. Operator expressly disclaims all such warranties to the fullest extent permitted by law
8. Termination
   Either party may terminate with 30 days notice. Upon termination, paid features end, but Operator may retain archived data as needed for compliance.
9. Governing Law and Dispute Resolution
   This Agreement is governed by Florida law, without regard to conflict of laws principles, except where mandatory provisions of federal law or the consumer protection laws of the Agent’s state of residence or the property’s location apply. Any disputes shall be resolved exclusively through binding arbitration in Port Saint Lucie, Florida, under the rules of the American Arbitration Association (AAA), including consumer rules where applicable and to the extent permitted by law. You waive any right to a jury trial or class actions. This does not prevent small claims court actions for qualifying claims in your local jurisdiction if required by applicable consumer protection laws.
10. Entire Agreement
    This is the full agreement; no oral modifications.

Updated March 03, 2026