1. Parties and Purpose
This Digital Vendor Partnership & Advertising Agreement (“Agreement”) is between Executive Realty Services (“ERS”), a Nevada real estate brokerage, and the vendor identified above (“Vendor”). Vendor is purchasing digital advertising, promotional exposure and access to approved ERS vendor-resource opportunities.
2. Term
The initial term is twelve (12) months beginning on the effective/paid date. Unless canceled in accordance with this Agreement, the Agreement automatically renews for successive twelve-month terms.
3. Fees and Automatic Renewal
Vendor agrees to the annual fee for the selected partnership: Preferred Vendor $495/year; Featured Vendor $995/year; or Premier Partner $1,995/year. Vendor authorizes ERS or its designated payment processor to charge the applicable annual fee to the payment method on file on each anniversary date unless timely canceled. ERS may change future renewal pricing upon reasonable advance notice.
4. Cancellation
Vendor may cancel automatic renewal by written notice to enrique@executiverealtyservices.com. Cancellation must be received at least thirty (30) days before the renewal date to prevent the next annual charge. Cancellation stops the next renewal but does not ordinarily terminate the current paid term.
5. Non-Refundable Fees
All vendor partnership, advertising, sponsorship and optional promotional fees are non-refundable once paid, except where required by applicable law or expressly agreed by ERS in writing. No refund or prorated credit is owed because Vendor does not receive desired leads, transactions, exposure, return on investment, or does not use available benefits.
6. No Guaranteed Business
Vendor is purchasing advertising and digital marketing opportunities—not leads, referrals, transactions, closings, endorsements or guaranteed business. ERS makes no guarantee regarding impressions, traffic, contacts, revenue, transactions, agent usage or return on investment. References to the size of the ERS agent network do not guarantee that any specific number of agents will view or respond to Vendor advertising.
7. Agent Independence and Non-Exclusivity
ERS agents are not required to use Vendor and remain free to choose service providers. Unless expressly agreed otherwise in writing, Vendor receives no category exclusivity and ERS may accept other vendors in the same category.
8. Advertising and Compliance
Vendor is responsible for ensuring that all advertising, claims, promotions, licensing disclosures and materials supplied to ERS are truthful, lawful, current and non-infringing. Vendor shall maintain all licenses, permits, registrations and insurance required for its business. ERS may reject, edit, suspend or remove content for formatting, relevance, legal/compliance concerns or protection of ERS and its agent community.
9. Facebook / Social Promotion
Where included in the selected plan, approved social-media promotional access is generally limited to one promotional service post per calendar month unless ERS authorizes otherwise. ERS may moderate or decline misleading, duplicative, irrelevant, unlawful or noncompliant content. Unused promotional opportunities do not roll over and have no cash value.
10. Independent Businesses / No Agency
Vendor is an independent business and is not an employee, agent, joint venturer, franchisee or legal representative of ERS. “Preferred Vendor,” “Featured Vendor,” “Premier Partner,” and similar terms identify participation in the marketing program and do not constitute a guarantee by ERS of Vendor's products, services or performance.
11. Intellectual Property
Vendor grants ERS a nonexclusive, royalty-free license during the term to use Vendor's approved name, logo and submitted marketing materials solely to provide program benefits. Vendor represents it has authority to provide those materials. ERS names, marks, websites and proprietary resources remain ERS property.
12. Suspension and Termination
ERS may suspend or terminate participation for nonpayment, material breach, unlawful conduct, licensing issues, misleading advertising, safety concerns, repeated platform-rule violations or conduct reasonably likely to harm ERS or its community. Fees remain non-refundable to the fullest extent permitted by law when termination results from Vendor breach or misconduct.
13. Indemnification
To the fullest extent permitted by law, Vendor agrees to defend, indemnify and hold harmless ERS and its owners, brokers, officers, employees, representatives and affiliates from claims, losses, liabilities, penalties, costs and reasonable attorneys' fees arising from Vendor's products or services, advertising, violation of law, negligence, misconduct, breach of this Agreement, or materials supplied by Vendor.
14. Limitation of Liability
To the fullest extent permitted by law, ERS will not be liable for indirect, incidental, special, consequential, exemplary or lost-profit damages arising from this Agreement. ERS's aggregate liability will not exceed amounts actually paid by Vendor to ERS under this Agreement during the twelve months immediately preceding the event giving rise to the claim, except where prohibited by law.
15. Nevada Law and Venue
This Agreement is governed by Nevada law. Any legal proceeding arising from this Agreement shall be brought in a court of competent jurisdiction in Clark County, Nevada, unless applicable law requires otherwise.
16. Electronic Signatures
Vendor consents to electronic transactions and agrees that entering an electronic signature, checking the required acknowledgments and submitting this form constitutes Vendor's electronic acceptance of this Agreement to the extent permitted by law.
17. Entire Agreement / Severability
This Agreement constitutes the agreement concerning Vendor's participation in the ERS Vendor Partnership Program. If a provision is invalid or unenforceable, the remaining provisions remain effective. Failure to enforce a provision does not waive it.
Your completed agreement PDF has been generated and downloaded.