Terms of Use
Effective Date: September 14, 2024
Introduction
Welcome to Fetch Agent, operated by Commonwealth Media, Inc. ("Company," "we," "us," "our"), headquartered at 722 E. Market Street, Leesburg, VA 20176. These Terms of Use (“Terms”) constitute a legally binding agreement between you ("you," "your") and Commonwealth Media, Inc. regarding the access and use of the Fetch Agent platform, including our website, fetchagent.com (the "Site"), our mobile applications (the "App"), and any related products or services that link to these Terms (collectively, the "Services").
By accessing or using the Services, you agree to these Terms. If you do not agree to the Terms, you must immediately discontinue use of the Services.
1. Definitions
2. Acceptance of Service
3. Modifications to Terms
4. Eligibility and User Registration
5. User Conduct and Obligations
You agree not to:
- Post or transmit any illegal, harmful, defamatory, or objectionable content.
- Exploit the Services for commercial purposes without our authorization.
- Misrepresent yourself or impersonate another person or entity.
- Use any automated means (e.g., bots, scrapers) to access or extract data from the Services.
- Engage in spamming, phishing, or distributing malware.
- Use the Services for any illegal activity or violate any laws in connection with your use of the Services.
6. Intellectual Property Rights
7. Purchases and Payment Terms
8. Third-Party Services and Content
9. Privacy and Data Protection
10. Disclaimers and Limitation of Liability
11. Indemnification
12. Dispute Resolution
13. Governing Law
14. Force Majeure
15. Termination of Services
16. Modifications to the Services
17. Notices
Notices to Fetch Agent must be sent in writing to:
Commonwealth Media, Inc.
722 E. Market Street,
Leesburg, VA 20176.
Electronic communication, including e-mail, is not sufficient for legal notices.
18. Miscellaneous
19. Contact Information
For any questions regarding these Terms, please contact:
Commonwealth Media, Inc.
722 E. Market Street, Leesburg, VA 20176
Email: help@commonwealthmediainc.com
Electronic communications such as email will not constitute valid notice.
20. Miscellaneous Provisions
21. Fetch Agent 10x Guarantee
These Terms and Conditions ("Terms") govern the Fetch Agent 10x Guarantee ("Guarantee") available to subscribers of specified Fetch Agent Plans (hereinafter “Agent Plan”). By subscribing to the Agent Plan and participating in the Guarantee, you ("Subscriber" or "Agent") agree to abide by these Terms, which are effective as of your subscription date, including any trial period.
Welcome to the Fetch Agent 10x Guarantee! Our goal is to empower real estate agents who use our platform by offering a guarantee that could multiply the value of their subscription by ten times. We’ve created these terms and conditions to clearly explain how this Guarantee works, what is required from you as an Agent, and what actions could affect your eligibility.
Here’s a simple breakdown:
- What the Guarantee Covers: If you sign up for a yearly Agent Plan, we promise that you’ll have the opportunity to earn back ten times the cost of your plan through commission-based contracts secured on our platform. This Guarantee covers the standard one-year subscription term and any trial period you might be offered.
- How to Stay Eligible: To make sure the Guarantee applies, you’ll need to use the platform actively and responsibly. This includes responding quickly to client inquiries, accepting and meaningfully communicating with at least 25% of contract invitations that fit your criteria, and keeping your agent profile accurate and up-to-date. You’ll also need to follow professional and ethical standards in your work.
- Conditions That Can End the Guarantee: The Guarantee can be voided if you don’t meet the engagement requirements, break any platform rules, misuse client information, or cancel your yearly plan early. We also reserve the right to suspend the Guarantee if we find that your actions negatively impact the platform or other users.
By joining the Fetch Agent platform and taking part in this Guarantee, you agree to these terms. We’ve designed them to ensure fairness and maintain the quality of our community, so we all benefit from a trustworthy and successful experience.
- Yearly Subscription Requirement: The Guarantee is only available to Subscribers who have purchased a yearly Agent Plan. It does not apply to monthly subscriptions.
- Trial Period Extension: If the Subscriber is offered a trial period, the Guarantee will be extended to include both the duration of the trial period and the standard one-year subscription term. This effectively provides the Subscriber with additional time to achieve the 10x return, covering the entire length of the trial period plus the one-year subscription period.
- Timely Response Obligation: The Subscriber must promptly respond to all contract inquiries from the public received through Fetch Agent. Responses must include acceptance, rejection, or a counteroffer and must be provided in a timely manner as defined by Fetch Agent policies.
- Acceptance Rate: The Subscriber must accept at least 25% of public contract invitations that meet the Agent's predefined criteria during the Guarantee period.
- Commission-Based Contracts: The Guarantee only applies to commission percentage-based contracts facilitated through Fetch Agent and does not extend to other arrangements such as flat fee or hourly arrangements.
- Licensing and Regulatory Compliance: The Subscriber must maintain an active and valid real estate license in the jurisdiction(s) where they operate. Any lapse or suspension in licensing will void the Guarantee.
- Adherence to Industry Standards: The Subscriber agrees to follow all applicable real estate laws, regulations, and ethical standards, including fair housing laws, client disclosures, and proper handling of client funds.
- Profile Management: The Subscriber must ensure that their agent profile is accurate and up to date, including contact information, service areas, and commission details.
- Service Availability: The Subscriber must keep their availability status current and promptly update it if they are temporarily unable to take on new clients or respond to inquiries.
- Response Metrics: Fetch Agent will monitor response times and engagement levels. Consistently delayed or non-responsive behavior may lead to warnings or suspension of Guarantee eligibility.
- Professional Conduct: All client interactions must be conducted with professionalism and courtesy. Verified complaints about unprofessional behavior may result in suspension or revocation of the Guarantee.
- Transparency and Disclosure: The Subscriber must disclose any potential conflicts of interest to clients and maintain transparency regarding commission structures, service terms, and any limitations on services offered.
- Lead Handling: The Subscriber may only use leads generated through Fetch Agent for conducting real estate transactions originated from Fetch Agent. Misuse of client information, such as for off-platform solicitations or unauthorized purposes, will invalidate the Guarantee.
- Marketing and Promotion: Any promotional activities using Fetch Agent branding or client interactions facilitated by the platform must adhere to Fetch Agent’s marketing guidelines.
- Performance Review: Fetch Agent reserves the right to review the Subscriber’s performance metrics, including response rates, acceptance rates, and client feedback. The Subscriber must cooperate with these reviews and provide requested documentation.
- Feedback Mechanism: The Subscriber is encouraged to provide constructive feedback on platform functionality. However, such feedback does not entitle the Subscriber to compensation or influence over platform policies.
- Client Data Protection: The Subscriber must adhere to Fetch Agent’s data privacy and security policies. Breach of client data or unauthorized access to the platform may lead to legal action and termination of the Guarantee.
- Confidentiality: The Subscriber agrees to maintain the confidentiality of all client information obtained through Fetch Agent.
- Fetch Agent’s Role: The Subscriber acknowledges that Fetch Agent is a platform facilitating connections between agents and clients. Fetch Agent does not guarantee the success of any transaction or client relationship.
- No Guarantee of Leads: Fetch Agent does not guarantee the volume or quality of leads provided, and the Subscriber uses the platform at their own risk.
- Client Disputes: The Subscriber is responsible for resolving disputes with clients obtained through Fetch Agent. Fetch Agent may provide limited mediation support but is not obligated to intervene.
- Platform Disputes: Disputes between the Subscriber and Fetch Agent, including but not limited to disputes related to the Guarantee, platform functionality, or any other aspect of these Terms, will be resolved through binding arbitration. The arbitration will be conducted in accordance with the rules of the American Arbitration Association ("AAA") and will take place in the state where Fetch Agent’s principal office is located, unless otherwise mutually agreed upon. The arbitration decision shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
Both parties waive their right to a jury trial or to participate in a class action lawsuit. Each party shall bear its own costs and expenses of arbitration, except as otherwise provided by the AAA rules or determined by the arbitrator. In the event of any litigation to compel arbitration, the prevailing party shall be entitled to recover its reasonable attorney’s fees and court costs from the non-prevailing party.
- Platform Access: Fetch Agent retains the right to provide services to multiple agents, and the Subscriber does not have exclusive rights to any geographic area or client type.
- Competing Agents: The Subscriber acknowledges that other agents, including competitors, may also use Fetch Agent in the same market area.
- Voluntary Termination: If the Subscriber voluntarily cancels their yearly subscription before the conclusion of the Guarantee period, or if the subscription is otherwise voided, the Guarantee shall be rendered void, and no compensation or claim under the Guarantee will be provided. The Subscriber acknowledges that early termination forfeits any right to claim benefits associated with the Guarantee.
- Breach of Terms: Fetch Agent reserves the right to suspend or terminate the Guarantee if the Subscriber breaches any of these Terms or engages in conduct that undermines or frustrates the intended use of the platform. This includes, but is not limited to, failing to adhere to the timely response requirements for public contract invitations, providing inaccurate or misleading information, or otherwise engaging in actions that impede or compromise the platform’s functionality or other users' experiences.
- Misuse and Misconduct: The Guarantee may also be suspended or voided if the Subscriber uses the platform in a manner inconsistent with professional standards expected of real estate agents. This includes, but is not limited to, neglecting to maintain up-to-date listings, failing to engage in good-faith interactions with potential clients, or any other behavior that negatively impacts the platform’s integrity or reputation.
- Non-Compliance with Engagement Criteria: The Guarantee will be considered null and void if the Subscriber does not meet the following engagement requirements:
- The Subscriber must promptly respond to all contract inquiries received through the platform, whether by accepting, rejecting, or countering the offer.
- The Subscriber must accept at least 25% of public contract invitations that match their stated criteria.
- Additionally, if the Subscriber fails to engage in meaningful communication after accepting a contract, the Guarantee will also be voided. In simple terms, once you connect with a potential client through our platform, you must make an effort to initiate and maintain a conversation, giving the client an opportunity to discuss or finalize an agent agreement.
- These engagement criteria are crucial to ensure the effective and professional use of our platform.
- Platform Integrity: Any attempt by the Subscriber to manipulate or game the system, such as artificially inflating engagement metrics or participating in fraudulent or deceptive activities, will also result in the immediate termination of the Guarantee, and Fetch Agent reserves the right to take additional action as necessary, including legal recourse.
- Fetch Agent reserves the right to review and determine, in its sole discretion, whether a Subscriber’s actions constitute a violation of these conditions or otherwise compromise the platform’s intended use. In cases where the Guarantee is suspended or terminated, Fetch Agent is under no obligation to reinstate or compensate the Subscriber.
By subscribing to the Agent Plan and participating in the Fetch Agent 10x Guarantee, you acknowledge and agree to these Terms and Conditions. Failure to comply with these Terms may result in forfeiture of the Guarantee and potential suspension from the Fetch Agent platform.
Fetch Agent reserves the right to modify, amend, or update these Terms and Conditions at any time. Any changes will be effective immediately upon being posted on the Fetch Agent platform or communicated to Subscribers via email or other means. It is the Subscriber’s responsibility to review these Terms periodically for updates. Continued use of the Fetch Agent platform and participation in the Guarantee following any changes constitutes acceptance of the modified Terms. If the Subscriber does not agree to the updated Terms, they must cancel their subscription and discontinue use of the platform.
By using Fetch Agent, you acknowledge that you have read, understood, and agreed to these Terms of Use.