eXp® Commercial Sports & Entertainment
Membership Terms and Conditions
1. General
These eXp Sports & Entertainment Membership Terms and Conditions (“Membership Terms”) shall be effective as of the Effective Date (defined below) and shall be incorporated into your eXp Sports & Entertainment Membership Application in their entirety and made a part thereof. The Membership Terms, together with your eXp Sports & Entertainment Membership Application, and any other hyperlinked terms or websites referenced herein (including, without limitation, the eXp Sports & Entertainment Brand Guidelines and eXp Privacy Policy), shall be referred to as the “Application”. Unless otherwise defined in this Application, capitalized terms used in this Application shall have that meaning as ascribed in your Independent Contractor Agreement (“ICA”) and in the applicable eXp Policies and Procedures (“eXp P&P’s”).
2. Enrollment in eXp Sports & Entertainment
a. Enrollment Conditions. You will not become enrolled as a member in eXp Sports & Entertainment unless or until each of the following conditions (“Enrollment Conditions”) have been satisfied: (1) eXp has received and reviewed your Application and determined that you are eligible for enrollment in eXp Sports & Entertainment; (2) eXp has sent you an email correspondence approving your Application; and (3) eXp has received your Enrollment Fee.
b. Enrollment in eXp Sports & Entertainment. You will become enrolled in eXp Sports & Entertainment effective as of the date that the last of the three Enrollment Conditions have been satisfied (the “Effective Date”), and you shall remain enrolled in eXp Sports & Entertainment unless or until removed by eXp, or you withdraw from eXp Sports & Entertainment. Termination of your ICA shall constitute your removal from eXp Sports & Entertainment. eXp reserves all rights to, (i) reject your enrollment into eXp Sports & Entertainment, or (b) remove you from eXp Sports & Entertainment at any time, for any reason, and without reimbursement.
c. eXp Sports & Entertainment Certification Course. The eXp Sports & Entertainment Certification Course is available to all eXp Sports & Entertainment members, at no additional cost, and may be completed at any time. However, as part of your enrollment as a member in eXp Sports & Entertainment, you will be required to participate in and complete the eXp Sports & Entertainment Certification Course within thirty (30) days of the Effective Date; failure to do so may result in your removal from eXp Sports & Entertainment.
3. Enrollment Period
Your initial enrollment in eXp Sports & Entertainment shall be for a period of one (1) year, commencing on the Effective Date and ending on the day immediately preceding the one-year anniversary of the Effective Date (the “Initial Enrollment Period”). Following completion of the Initial Enrollment Period, you will be automatically re-enrolled in eXp Sports & Entertainment for subsequent periods of one year (each, a “Renewed Enrollment Period”, and collectively with the Initial Enrollment Period, the “Enrollment Period”), and you shall remain re-enrolled in eXp Sports & Entertainment unless or until removed by eXp or you withdraw from eXp Sports & Entertainment. For avoidance of doubt, the terms within this Application shall apply during the entire Enrollment Period.
4. Membership; Benefits
Membership in eXp Sports & Entertainment provides access to the full suite of eXp Sports & Entertainment Benefits. For so long as you remain enrolled in eXp Sports & Entertainment, you will be entitled to receive those benefits set forth on the eXp Sports & Entertainment benefits form found at https://join.expluxury.com/sne-comm-member-benefits (the “eXp Commercial Sports & Entertainment Benefits”). The eXp Sports & Entertainment Benefits are subject to change, addition, and/or removal by eXp at any time, upon thirty (30) days’ prior notice to you.
5. Enrollment Fees
a. Enrollment Fees. You shall pay each initial and recurring Enrollment Fee, plus applicable sales tax, as set forth in this Application. The annual Enrollment Fee shall be due and payable upon the Effective Date, and shall be reassessed within thirty (30) days prior to the beginning of each upcoming Renewed Enrollment Period. The Enrollment Fees are each non-refundable. eXp reserves all rights to: (i) increase or decrease the Enrollment Fee for any upcoming Renewed Enrollment Period, upon thirty (30) days’ prior notice to you; or (ii) offer, modify, suspend, or revoke a discounted Enrollment Fee, at any time and for any reason, as determined in its sole and absolute discretion.
b. Payment Methods. You shall be solely responsible for ensuring that your payment methods remain current in eXp Sports & Entertainment’s electronic payment portal. For avoidance of doubt, eXp Sports & Entertainment’s electronic payment portal is separate and distinct from the eXp Enterprise system, and you will be responsible for ensuring that your payment methods remain current in eXp Sports & Entertainment’s electronic payment portal in addition to the eXp Enterprise system. You hereby authorize eXp to: (i) use your then-current payment methods on file in eXp Sports & Entertainment’s electronic payment portal for payment of each initial and recurring Enrollment Fee, and all other fees to be paid by you to eXp hereunder; and (ii) in the event of a payment failure, use your then-current payment methods on file in the eXp Enterprise system to satisfy payment of any such fees. You understand and acknowledge that if you offboard from eXp, or you are no longer enrolled in eXp Sports & Entertainment, for any reason, before all fees are paid-in-full for the then-current Enrollment Period, you authorize eXp to immediately assess and collect all outstanding, unpaid amounts in the manner provided for under this Application and in your ICA. You further acknowledge that eXp’s failure to receive any payments, as and when due, may result in your removal from eXp Sports & Entertainment.
6. eXp Sports & Entertainment Trade Name and Logo
While enrolled in eXp Sports & Entertainment, you will be granted a limited, revocable license to use the applicable “eXp® Sports & Entertainment” trade name and corresponding “eXp® Sports & Entertainment” logo of that eXp brokerage brand you are affiliated with (individually, and collectively, “eXp Sports & Entertainment intellectual property”) for real estate brokerage branding and marketing purposes, all in accordance with the terms and conditions of the eXp Sports & Entertainment Brand Guidelines then in effect, as well as any underlying obligations you have previously agreed to governing your use of eXp trademarks, including, without limitation, those set forth in the eXp P&P’s. The eXp Sports & Entertainment Brand Guidelines and logos are each available for download and review at https://join.expluxury.com/sne-comm-brand-guidelines. To the extent eXp determines that your use of any eXp Sports & Entertainment intellectual property is prejudicial to eXp, you shall cease or modify such use in accordance with and upon notice by eXp, at eXp’s sole discretion. You will not acquire any rights or ownership interest in any eXp Sports & Entertainment intellectual property.
7. Privacy Policy; Receipt of Promotional Information
eXp uses personal information collected about you in order to support your continued affiliation with eXp. Such use includes, without limitation, sending you promotional information about existing and new services, products, and special offers of eXp and its affiliates, all as more fully provided in the AGNT, Inc. Privacy Policy and Data Processing Policy, available at https://www.agnt.inc/privacy-policy (the, “Privacy Policy”). By accepting the terms of this Application, you represent and warrant to eXp that you have reviewed the Privacy Policy, understand the Privacy Policy, and upon enrollment as a member in eXp Sports & Entertainment, agree to be bound by its terms, including receiving promotional information about existing and new services, products, and special offers of eXp and its affiliates.
8. Additional Terms
If or when the Enrollment Conditions have been satisfied, this Application will become a binding addendum to your ICA. If any conflicts exist between the terms contained in this Application and the terms contained in your ICA, the terms of this Application shall govern and control. Except as provided in this Application, in all other respects the terms contained in your ICA shall remain in full force and effect, and continue uninterrupted. This Application (together with each of the hyperlinked terms or websites referenced herein) embodies the complete agreement and understanding among eXp and you with respect to the subject matter of this Application, and supersedes any prior understandings, agreements, or representations by or among eXp and you which may have related to the subject matter of this Application in any way. If there is any conflict between the terms of this Application, and the terms set forth on any incorporated website, the terms on the incorporated website shall govern and control. If any term in this Application is held to be invalid or unenforceable, all other terms in this Application shall remain in full force and effect. No failure to exercise, and no delay in exercising, any right or any power hereunder shall operate as a waiver thereof. Any provision of this Application that expressly or by implication should come into existence, or continue in force, on or after termination of this Application shall remain in full force and effect. All references to “I”, “me”, “my”, “you” and “your” in this Application, shall mean to that specific defined term used to describe you, as set forth in your ICA; all references to “eXp” in this Application shall mean to the applicable eXp entity that is a party to your ICA. You acknowledge that if you are no longer enrolled in eXp Sports & Entertainment, then you must immediately stop using all eXp Sports & Entertainment intellectual property and materials, and that any of your eXp Sports & Entertainment listing advertisements will be deactivated. You further acknowledge that eXp may update this Application (including any other document or website incorporated into the Application) from time to time without notice to you, and in such event those updates will govern and control; You shall be solely responsible for ensuring you remain informed and in compliance with all then-current terms of this Application.