Welcome To Auctionprop.com - The Future of Real Estate

	MISSION STATEMENT
	WHY AUCTIONPROP™?
	OUR COMPANY
	SERVICES
	COOPERATING PLATFORM
	NATIONAL EXPANSION
	ASSOCIATIONS
	CONTACT US
COOPERATING BROKERAGE REGISTRATION FORM
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Cooperating User Agreement
COOPERATING USER AGREEMENT

This agreement describes the terms and conditions on which Auctionprop LLC ("Auctionprop") offers you access to the services of our subsidiaries available under the domain www.auctionprop.com (the "website").

The live auction and related services provided by Auctionprop through its subsidiaries, including the website and the use of the website and provision of the services are governed by these terms and conditions (the "terms and conditions") together with any additional terms and conditions, specific to a particular auction,  listing registration or buyers registration (herein referenced and located through links for the specific auction or found at time of listing registration or buyers registration), constitute the entire agreement between Auctionprop and Cooperating Users.

You must read, agree with and accept all of the terms and conditions contained in this Cooperation User Agreement and the Privacy Policy, which include those terms and conditions expressly set out hereunder and those incorporated by reference, before you may become a Cooperating User. We strongly recommend that, as you read this Cooperation User Agreement, you also access and read the information contained in other pages on the website and referred to in this document, as they may contain further terms and conditions that apply to you as an Auctionprop Cooperating User. Please note: By accepting this Cooperating User Agreement, you also agree that certain terms and conditions pertaining to specific auctions, listing registrations or buyer's registrations may require your further acceptance.

User acknowledges and agrees that Auctionprop may amend, change or modify any or all of the terms and conditions (including transaction rules, fees and commission schedules) at any time, at Auctionprop sole discretion, without notice. Any amendment of the terms and conditions will be reflected on the website. User is encouraged to periodically review the terms and conditions posted on the website. Use of the services and the website constitutes acceptance of the terms and conditions, including any amendments.

If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services and website.

If you have any questions, and or do not understand the terms and conditions please contact Auctionprop at customerservice@auctionprop.com.

COOPERATION REGISTRATION
Auctionprop issues Cooperating Users with their personal Auctionprop card, which provides access to the Auctionprop Cooperating Platform

ELIGIBILITY:
Our cooperating services are available exclusively to, active licensed real estate professionals that are agents of buyers and sellers. (Hereafter referred to as "Cooperating Agents") and active licensed real estate brokerages that is brokerages of buyers and sellers. (Hereafter referred to as "Cooperating Brokerages")

RESTRICTIONS
To join as a "Cooperating Agent", real estate sales associates or broker associates require their broker's authorization. Such authorization is acknowledged with the real estate sales associate or broker associate acceptance of this Agreement.
To join as a "Cooperating Brokerage", the broker who executes this Agreement on behalf of the real estate brokerage company acknowledges in acceptance of this Agreement that he/she is duly authorized to do so.

FEES
Joining Auctionprop as a Cooperating User is free.
We do not charge fees to our Cooperating Agents or Brokerages for facilitating the selling or purchasing of their clients real estate at our auction/s.

COMMISSIONS
Cooperating User commission is estimated at the time of listing registration approval and/or buyer registration acceptance and is subject to the terms and conditions of the particular auction, listing registration and/or buyer's registration. Auctionprop is compensated for its services in terms of an addendum to the exclusive right of sale listing agreement, which is completed by the Cooperating User and their client, the seller, and a possible buyer's transaction fee (buyer's premium).

PAYMENT
Auctionprop will issue payment of all commissions due to Cooperating Users within two business days of closing, by company check in the name of the brokerage company on record unless prior arrangement is made and agreed by all parties in writing. No cooperating commission shall be earned or paid unless and until the property has closed and the Cooperating User has fully complied with all terms and conditions pursuant to the specific auction and the registration of their client.

AUCTIONPROP IS A "FACILITATOR"
Auctionprop facilitates, the services and the website in providing a variety of live auction style formats so that Cooperating Agents and Brokerages of buyers and sellers may offer their clients, real estate for sale and/or purchase.

NO AGENCY RELATIONSHIP:

COOPERATING USERS
Auctionprop and Cooperating User hereby establish the relationship between them as independent contractors and it is hereby acknowledged and agreed that neither party is an agent, broker ,representative, employee, or partner of the other party. Accordingly, it is agreed no agency relationship exists between the parties and this Agreement shall not be interpreted or construed to create an association, franchise or impose any partnership obligation or liability upon either party.

Cooperating User acknowledges the relationship that exists with their client, namely buyers and sellers, is independent of Auctionprop and agree to continue such relationship with their client regarding all transactions it refers to Auctionprop. Auctionprop, has no agency relationship with buyers or sellers, they are the client of the Cooperating User, namely the Cooperating Agent and/or Cooperating Brokerage or act independently. Furthermore, Auctionprop is neither a principal interested in the transactions, nor a party to any transaction and does not have the power to transfer title to any real estate offered.

SELLERS
Auctionprop does not accept real estate for sale directly from sellers (other than from developers, court receivers, institutions and government bodies) but rather it provides such potential sellers with leads to the Auctionprop Cooperating Platform of users who can provide specialist assistance.
Auctionprop provides real estate developers, court receivers, institutions and government bodies a customized auction solution whereby it assigns its exclusive listing to the Auctionprop Cooperating Platform of users to access and showcase.

BUYERS:
Auctionprop will accept real estate sold at its auction to be purchased directly by buyers, although, it recommends they use the services of a licensed real estate professional, which Auctionprop will gladly recommend at no additional cost to the buyer, through its cooperating platform of users.

COOPERATING USER OBLIGATIONS AND AUTHORITY
(1)To maintain his or her real estate license in good standing with all relevant State licensing authorities and comply with all state, local and all federal laws, including all rules and regulations.
(2)To hold a current, valid and active real estate license in accessing the services as a Cooperating User and in the event of a change to the users status to effect such changes on the website in the users profile immediately. (For example: a change in license status, brokerage company, and/or authorizing broker)
(3)Cooperating User to apply "best efforts" to list sell and purchase property on behalf of their clients for the mutual benefit of their client, agent, brokerage, and Auctionprop. Cooperating User shall retain sole discretion and judgment as to the manner and means of accomplishing these objectives and Auctionprop will not direct or control the means by which Cooperating User conducts his or her activities including, but not limited to, users time spent ,number of referrals, and meetings with prospects or clients.
(4)Cooperating User shall have no authority to bind Auctionprop, its parent, subsidiaries, affiliates, shareholders, directors, officers, partners and employees by any acts, omissions, statements, representations or promises.
(5)Cooperating Users representing sellers will need to agree to further terms and conditions when registering their client's real estate for sale with Auctionprop at its live auction event.
(6)Cooperating User will only submit those properties to Auctionprop in which an exclusive right of sale listing agreement with their seller exists and only, those properties in which such authority has been granted by their seller in a fully executed addendum to the exclusive right of sale listing agreement, which shall be sent to Auctionprop by facsimile within two business days after their client has signed.
(7)Cooperating Users shall submit all sale listings on the website and include all pictures and content required at time of registration and relevant to the sale of such listing.
(8)Cooperating Users representing buyers shall comply with the terms and conditions applicable to the buyer's registration for that auction and submit registration of their buyers on the website, together with a separate Auctionprop Buyers Registration Form for Cooperating Broker/Agent Buyer Registration  Form, which shall be sent to Auctionprop by facsimile.
(9)All sales listing prospects or sales leads procured by Auctionprop to the cooperating platform of users shall require the preferred Cooperating User that is the Cooperating User chosen exclusively by the seller to submit such listing online for Auctionprop approval only.
(10)All Cooperating Brokerages are required to provide cooperating access for all brokerage associates and to place approved Auctionprop trademarks or service mark logos on the company front door and in all marketing publication.
11) All Cooperating Users are obligated to maintain the confidentiality of the personal information of all prospects provided them and are restricted in its use for any reason other than providing such specified services, in terms of this Agreement.

RIGHTS AND OBLIGATIONS OF AUCTIONPROP
(1)Auctionprop expressly reserves the right to terminate the use of, or to refuse to permit the use of, the services and the website by any person or entity, at its sole discretion, for any reason and without notice.
(2)All sales listing registrations or buyer registrations submitted to Auctionprop require Auctionprop approval and Auctionprop at its sole discretion reserves the right to accept or decline any such registrations.
(3)Auctionprop shall have the sole discretion in distributing and assigning referrals and sales leads amongst its Cooperating Users. Cooperating Users shall have no vested interest or right in such referrals or sales leads.
(4)When a listing is assigned by Auctionprop to a particular Cooperating Brokerage on the Cooperating Platform, this constitutes an open listing for the benefit solely of the Cooperating Brokerage and/or its Cooperating Agent that registers the buyer, who is ultimately declared the winning bidder at the auction, and who successfully closes.
(5)Auctionprop expressly reserves the right to withdraw, discontinue and/or extend an auction at its sole discretion, for any reason and without notice.
(6)Auctionprop expressly reserves the right, in protection of its goodwill, to review and approve all uses of said name and marks.
(7)Auctionprop to apply "best efforts" to facilitate its auction services in the best interests of all parties concerned.

TAXES:
Auctionprop shall not withhold taxes from Cooperating User commissions or calculate report or remit any taxes on their behalf, unless otherwise provided for herein or required by law. Accordingly, Cooperating User shall comply with any and all applicable tax laws and agrees to defend, indemnify, and hold harmless Auctionprop from all damages, penalties and expenses incurred by or imposed upon Auctionprop
resulting from any failure by Cooperating User to adhere to all applicable tax laws and regulations.

ACKNOWLEDGEMENTS:
Cooperating User acknowledges Auctionprop company policy is to encourage cooperation among real estate professionals which constitutes good, valuable and sufficient consideration and is not intended to solicit their listings in any way.

SECURITY - USERNAME AND PASSWORD
On completing this Cooperation User Agreement and registering as a Cooperating User, you will provide an email address which will be used as your username and will be prompted to select a user password. User is obligated to use its username (email address) and user password when accessing Auctionprop services and the website. User is solely responsible for all actions taken with your username and user password. We do not recommend you disclose your password, if you lose control over your password you may lose control of your personal information. If your password has been compromised for any reason, you should immediately change your password and agree to notify Auctionprop immediately of any unauthorized use.

USER INFORMATION
User will provide information to Auctionprop during the registration process and during the course of using the services and the website. User acknowledges and warrants that all user information is complete and accurate at the time of registration and all user information will be updated and kept current (for example email address and telephone number). Should there be any change to the user's status (For example: change in brokerage company and/or authorizing broker) user agrees to effect such changes in the users profile immediately. User agrees to grant Auctionprop a non exclusive worldwide, perpetual royalty free, sub licensable right to use such information provided by the user including copyrights, trademarks or other proprietary right user may have in the user information for any purposes known or unknown in connection with the services or the website. Your information will only be used by Auctionprop subject to and in accordance with our privacy policy.

USER ACCESS AND INTERFERENCE
 In accessing the services and the website, user acknowledges sole responsibility for all activity that takes place under its user name and password, and it agrees not to: (i) violate any local, State, National or International law, statute, rule or regulation.(ii)violate personal and privacy rights of others including but not limited to posting or transmitting defamatory, obscene and threatening material on the website(iii)Interfere with or disrupt the network infrastructure including the workings, functioning and activities connected to the website.(iv) copy, reproduce, modify, distribute or display any content from the website, functioning of the services without expressed written permission from Auctionprop.(v) make any misrepresentation as to users employment, authorization or affiliation with any other person or entity (vi) interfere, manipulate or bypass headers or other measures which may be used to identify or restrict access to the services and the website.

PRIVACY POLICY
 The Auctionprop Privacy Policy is incorporated by reference into the terms and conditions of this Cooperation User Agreement. We recommend and encourage you to periodically review our current privacy policy at www.auctionprop.com/privacypolicy. We only use your information as outlined in the Auctionprop Privacy Policy. If you object to the terms of the Privacy Policy, please do not use our services

LINKS TO THIRD PARTY SITES
The website contains links to other websites owned or operated by third parties other than Auctionprop. Auctionprop does not warrant, control or guarantee such linked websites. When using links from the website to third party websites you do so at your own risk. Links to third party websites are established voluntarily and should only be undertaken by accepting personal responsibility and taking all necessary precautions. Auctionprop is not responsible for and disclaims all liability for damages of any kind arising out of the use of links to third party websites.


 WARRANTY DISCLAIMER
Auctionprop its parent, subsidiaries, executives, shareholders, officers, directors, employees and its affiliates PROVIDE THE LIVE AUCTION,RELATED SERVICES AND THE WEBSITE INCLUDING ALL CONTENT,MATERIALS,FUNCTIONS AND INFORMATION IN AN "AS IS", "WHERE IS" CONDITION AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON - INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND ALL MERCHANTABILITY. Auctionprop, its parent, subsidiaries, executives, shareholders, officers, directors, employees and its affiliates makes no representation or warranties regarding any real estate or services purchased or sold through the auction, or guarantee any real estate will be sold or purchased through the auction or services or the website and expressly disclaims any breach or misrepresentation committed by any person(s), entity(s) and Cooperating User(s). In the event a Cooperating User is dissatisfied or discontent with the services or the website, its only option or remedy would be to discontinue using the services and the website. Certain states do not allow the disclaimer of warranties, and this warranty disclaimer may give you specific rights and/or may not apply to you.


LIABILITY LIMITATION
USE OF  ALL SERVICES INCLUDING THE WEBSITE IS AT COOPERATING USERS OWN RISK AND IN NO EVENT SHALL AUCTIONPROP, ITS PARENT, SUBSIDIARIES, EXECUTIVES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND ITS AFFILIATES BE LIABLE FOR LOST PROFIT, LOST GOODWILL OR FOR ANY DAMAGES SPECIAL INCIDENTAL OR CONSEQUENTIAL THAT ARE DIRECTLY OR INDIRECTLY RELATED OR CONNECTED TO THE USE OF OR THE INABILITY TO USE THE SERVICES THE WEBSITE OR THIS AGREEMENT. Total liability of Auctionprop to its Cooperating Users for all claims losses and damages, arising from the use of the services or the website or from this Agreement including negligence or otherwise is limited to the amount of the cooperating commission in question.

 INDEMNIFICATION
 Cooperating User agrees to indemnify and hold Auctionprop its parent, subsidiaries, executives, shareholders, officers, directors, employees and its affiliates harmless from any claim loss damage liability, judgments or settlements including attorney fees costs and expenses of any kind whatsoever and from liability to any person both known and unknown that Auctionprop its parent, subsidiaries, executives, shareholders, officers, directors, employees and its affiliates incurs because of the Cooperating Users negligence and actions or inactions including but not limited to the use of the services or the website or any breach of this Agreement. All rights and responsibilities hereby established shall survive this Agreement indefinitely.

NOTICES
Any notices or demands given in connection herewith shall be in writing and sent to Auctionprop both by email :( info@auctionprop.com) and postal mail. (Attn: Auctionprop: Legal Department 3301 NW Boca Raton Blvd, FL
33431). Any such notices shall be considered valid and deemed given 24 hours after the email is sent and 3 days after the date of mailing by certified mail, return receipt requested. Any notices to Cooperating User(s) shall be sent by email to the email address supplied by the user. Any such notices shall be considered valid and deemed received 24 hours after the email is sent.


 RESOLUTION OF DISPUTES
Should any dispute arise between you the Cooperating User and Auctionprop relating to this Agreement the services or the website it is mutually agreed any such dispute shall be submitted to binding arbitration in Palm Beach County, Florida, by a single arbitrator with knowledge of the auction business with particular reference to real estate, administered by the American Arbitration Association, in accordance with their applicable rules. The parties shall mutually agree upon such arbitrator or, the American Arbitration Association at its sole discretion will select the arbitrator in the event mutual agreement is not reached. Any judgment on the award rendered by the arbitrator is binding and final and may be filed in any court of competent jurisdiction in Palm Beach County, Florida. In the event a dispute arises we strongly encourage you to contact us directly to seek a resolution whereby we are able to consider a reasonable request to resolve the dispute by a quick and cost effective means.


BREACH:
Auctionprop may, without limiting other remedies, temporarily or indefinitely suspend or terminate the use of our services including the website if (I) you breach this Agreement (ii) you provide us with false information or (iii) your actions or inactions cause or may result in loss of profits, loss of goodwill, liability or damages to you or Auctionprop, our parent, subsidiaries, executives, shareholders, officers, directors, employees, affiliates, Cooperating Users or general users.



SEVERABILITY:
If any of the provisions of this Agreement, or any part thereof, is hereinafter construed to be invalid or unenforceable by a court of competent jurisdiction, the same shall not affect the remainder of such provision or the other provisions of this Agreement, which shall be given full effect, without regard to the invalid portions.

NON-WAIVER
Failure to enforce any of the provisions of this Agreement or any rights with respect hereto, or the failure to exercise any option provided hereunder, shall in no way be considered to be waiver of such provisions or rights or to any way affect the validity of this Agreement.

TRADEMARKS
The website including all the content of all material are owned and copyrighted by Auctionprop. All such content that is a name, title, logo, design, trademark, service mark and copyright is either a registered or unregistered trademark of Auctionprop its affiliates or third party service providers. Auctionprop reserves all rights with respect to the use of all content available on the website, any unauthorized use is strictly prohibited, except for purposes of personal and non commercial use. All content of all material may not be displayed, reproduced, published or transferred including the use of images that are included on the website without the prior written permission of Auctionprop.

ENTIRE AGREEMENT
The provisions sets forth in this agreement represent the entire agreement between you and Auctionprop with respect to the subject matter hereof. When used in this agreement the terms herein, hereof and hereunder refer to this Agreement in its entirety, including the terms and conditions specific to a particular auction, listing registration, buyers registration and the Privacy Policy and not to any particular provisions of this Agreement unless otherwise indicated.

HEADINGS
The headings preceding the text of the paragraphs of this Agreement have been inserted solely for convenience of reference and neither constitutes a part of this Agreement nor affects its meaning, interpretation or effect.
I agree and accept the terms and conditions of the Cooperating User Agreement