Participation Agreement

Participation Agreement:

This agreement is between iHotleads LLC (“iHotLeads”) and the real estate broker or agent who purchases leads through the iHotleads system (“YOU”). This agreement automatically becomes effective upon YOUR purchase of any lead and by purchasing an iHotleads lead, YOU agree to be bound by the terms of this agreement.

YOU warrant that YOU are a licensed real estate agent or real estate broker in the State where YOU are purchasing leads and YOU agree to all terms under this agreement. YOU understand that iHotleads is relying upon YOUR warranty and would not sell YOU leads without it.

What iHotleads does:

iHotleads provides YOU the opportunity to purchase real estate leads which will provide real estate agents or brokers with contact information for potential buyers or sellers who have contacted the iHotleads system and who have inquired about real estate. iHotleads provides this contact information to enable the real estate professional the opportunity to make introductory communications with these individuals.

All leads are guaranteed to have either a correct phone number or email address. No other information that may be provided with any lead is verified nor is any warranty provided for it. If a lead does not have either a correct phone number or email address, a refund will be promptly issued in accordance with "Refunds:" policy below.

What iHotleads does not do:

iHotleads acts neither as a real estate broker nor as a real estate salesperson as defined by the division of Business and Professional Code specific to Real Estate Law.

iHotleads does not broker transactions. iHotleads is not responsible for selling, purchasing, exchanging, renting or leasing property. iHotleads seeks no commissions or referral fees for real estate transactions, and has no involvement in the transaction process.

iHotleads makes no representations or warranties whatsoever about buyers or sellers, including but not limited to: (i) whether a real estate broker or agent using the services provided will be retained by the buyer or seller; or (ii) whether any transaction will occur that result in a real estate commission.

iHotleads makes no guarantees on the success of any individual lead. Being retained by the potential client is solely based upon YOUR abilities and salesmanship. A Consummation of a successful transaction is solely YOUR risk, responsibility, and reward.

Use of iHotleads’s services is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination. YOUR state or local jurisdiction may impose additional requirements.

Refunds:

A refund will be given only for any lead that does not contain valid contact information, and only if request for refund is made within 7 days from the date lead is purchased, and iHotleads verifies that the contact information is not valid (which it will promptly do upon notice).

No refunds will be given for any other reason since iHotleads does not warrant that YOU will be retained or that any transaction will be successful.

Subject to this refund policy, all sales are final.

Other:

The relationship between iHotleads and YOU is one of buyer and seller. No employment or agency relationship is created. YOU are not authorized to make any representations to any third party or take any action on behalf of iHotleads. YOU agree that iHotleads may seek injunctive relief against YOU to prevent YOU from committing any future breaches of this nature.

YOU agree to defend, indemnify and hold iHotleads and its agents, assigns, attorneys, accountants, employees, officers, directors and representatives harmless from any and all claims, demands, lawsuits and actions of third persons for all claims, including negligence, breach of contract, unfair business practices, license violations or infringements, and such other contract or tort claims arising from YOUR conduct with respect to the subject matter of this agreement. In the event that iHotleads is required to retain legal counsel, YOU will immediately reimburse iHotleads for all fees and expenses incurred.

YOU shall immediately advise iHotleads of any legal notices served on YOU which might affect iHotleads. YOU further agree reasonably to assist and cooperate with iHotleads’s engineers, accountants, attorneys, and service and sales personnel concerning this agreement.

YOU agree that the maximum amount of damages that YOU can recover from iHotleads with respect to any transaction under this agreement the amount that YOU have paid to iHotleads for the purchase of leads. Under no circumstances shall iHotleads be responsible for any special or consequential damages of any nature.

This agreement is governed by the laws of the state of California and YOU consent to: (i) personal jurisdiction of the California courts; (ii) to resolve any dispute in the venue of Orange County, California; (iii) have the dispute adjudicated by binding arbitration before either the Arbitration Association of America or another arbitral tribunal as the parties may agree. In the event of a dispute arising from this agreement, the prevailing party will be entitled to recover reasonable attorneys’ fees incurred.

This document entitled “participation agreement” contains the entire understanding of the parties; there are no representations, covenants or understandings by the parties other than those expressly stated herein. All prior discussions, negotiations and understandings have been merged into this agreement as a final expression of the parties’ agreement. Each party acknowledges that there are no conditions to this agreement other than those expressed or referred to herein. Each party acknowledges that no other party or any agent or attorney of any other party has made any promise, representation or warranty whatsoever, express or implied or statutory, not contained or referred to herein, concerning the subject matter hereof, to induce them to execute this agreement, and they acknowledge that they have not executed this agreement in reliance on any such promise, representation or warranty not specifically contained or referred to herein.