The Home Partners Agent Incentive Program (“Program”) Terms and Conditions
VOIDWHERE PROHIBITED BY LAW. THIS IS A CLOSED INCENTIVE PROGRAM SUBJECT TO THESE TERMS AND CONDITIONS AND ONLY OPEN TO REGISTERED HOME PARTNERS AGENTS IN GOOD STANDING AT ALL TIMES DURING THE PROGRAM PERIOD WHO RECEIVE AN INVITATION TO PARTICIPATE FROM SPONSOR. ELIGIBILITY: This is an invitation only Program, open only to individuals who are registered agents of Home Partners Holdings LLC in good standing at all times during the Program Period and fulfillment process, and who are legal residents of one (1) of the fifty (50) United States or the District of Columbia (collectively, the “ Territory ”), at least twenty one (21) years of age. To be eligible to participate in the Program, you must be the intended recipient of a Program invitation email (“ Invitation ”). The Invitation sets forth Eligible Markets (defined below) in which Closings (defined below) must occur to earn an Incentive (defined below). Participation in this Program constitutes the participants’ full and unconditional agreement to and acceptance of these Terms and Conditions (“ Terms ”) and the decisions of Sponsor. Failure to comply with these Terms may result in disqualification from the Program and forfeiture of any Incentive earned, in Sponsor’s sole discretion. An eligible participant who meets all of the eligibility requirement set forth in these Terms is referred to as an “ Agent .” Agents must at all times comply with the Home Partners Agent Terms at https://www.homepartners.com/terms-of-use-agent. HOW TO EARN AN INCENTIVE: The Program, sponsored by Home Partners Holdings LLC, 120 S. Riverside Plaza suite, Suite 2000, Chicago, IL 60606 (“ Sponsor ”), begins at 12:00:00 AM CT on 4/1/2022 and ends at 11:59:00 AM CT on 6/30/2022 ( “ Program Period ”). To earn an Incentive, Agent must successfully close on a buyer-sided second and/or third Home Partners program-approved home (each, a “ Closing ”) during the Program Period. The Home Partners program-approved home must be located in Phoenix AZ, Salt Lake City UT, Las Vegas NV, Nashville TN, Seattle WA, Portland WA, Denver CO, Colorado Springs CO, Dallas TX, Austin TX, Atlanta GA, Charlotte NC, Raleigh NC, Tampa FL, Orlando FL, Miami FL, Sarasota FL, Jacksonville FL, Fort Myers FL, Minneapolis MN, Kansas City KS (each, an “ Eligible Market ”) to earn the Incentive. Agent will earn one Incentive for each Closing, up to a maximum of two Incentives, during the Program Period. For the purposes of this Program, Closings are determined by and counted on an individual basis and, for purposes of determining whether a Closing qualifies for an Incentive, an Agent’s prior closings can have occurred at any time prior to or during the Program Period. All Closings and resulting Incentives are subject to Sponsor’s verification. Limit two (2) Incentives per Agent during the Program Period. By way of example, if an Agent has already completed two buyer-side closings on a Home Partners program-approved home prior to the Program Period, that Agent may only earn one (1) Incentive for a third closing within the Program Period. Following a Closing, Agent will be contacted via phone by Sponsor at the phone number on file with Sponsor to provide instructions for Agent to submit Agent’s brokerage’s W-9 information for payment of the Incentive. W-9 information must be received by Sponsor in accordance with Sponsor’s instructions and stated timing in order to receive an Incentive. Sponsor is not responsible for any change in Agent’s contact information or for Sponsor’s inability to reach Agent for any reason. Sponsor’s clock will be the official timekeeper for this Program. Purported Closings or other submissions/correspondence provided in connection with the Program that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Closings or other participation made on your behalf by any other individual, made by any entity or group, or originating anywhere other than as specifically indicated by Sponsor, will be declared invalid and disqualified for this Program. INCENTIVE: Each incentive consists solely of $1,500 awarded in the form of a check made payable to the Agent’s brokerage (“ Incentive ”). Incentive is not awarded directly to the Agent and Sponsor has no liability for a brokerage’s failure to distribute all or part of an Incentive to a qualifying Agent hereunder. All Incentive details not specifically stated in these Terms will be determined by Sponsor in its sole discretion. Certain restrictions apply. All Incentives will be distributed within sixty (60) days following Closing. Incentive-related taxes (federal, state, and local) are the sole responsibility of recipient. Sponsor is not responsible for any inability of any recipient to accept or use any Incentive (or portion thereof) for any reason. No transfers or Incentive substitutions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated Incentive or portion thereof with another incentive or portion thereof of equal or greater value for any reason. No more than the stated Incentives will be distributed. CONDITIONS (INCLUDES RELEASE): By participating, you give consent for Sponsor and its agents to use information you submitted (including your personal information) for purposes of administering the Program and complying with applicable laws, regulations and rules. By participating and UNLESS WHERE PROHIBITED BY ANY APPLICABLE LAW, you release and hold harmless Sponsor and its affiliates, directors, officers, consultants, employees and agents (collectively, “ Released Parties ”) from any liability whatsoever arising from or relating to the Program, and waive any and all causes of action (including class actions), related to any claims, costs, injuries, losses, expenses, or damages of any kind arising out of or in connection with the Program or the delivery,
misdelivery, acceptance, possession, use of or inability to use any Incentive (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, regardless of cause), whether under a theory of contract, tort (including negligence), warranty or other theory. If, in Sponsor’s sole judgment, these Terms or the integrity of the Program have been violated or compromised in any way, intentionally or unintentionally, by any person whether or not a participant in the Program, or if the Program is otherwise not capable of running as planned, Sponsor reserves the right to cancel the Program entirely and declare it null and void, rescind any incentive, and/or select the next eligible recipient, if possible, from among all eligible submissions received prior to cancellation, if any. Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the participant, or by human error: submissions that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or submissions in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected submissions, email, mail, or Program-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Terms, in any Program-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or information given during submission. Released Parties are not responsible for electronic communications that are undeliverable or do not reach participant as a result of any form of active or passive filtering of any kind, or insufficient space in a potential recipient’s e-mail, or voice mail inbox. Released Parties are not responsible, and may disqualify you, if your email address or other contact information does not work or is changed without prior written notice to Sponsor. Sponsor’s decisions will be final in all matters relating to this Program, including interpretation of these Terms, determination of the recipients, and distribution of the incentives. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. CHOICE OF LAW: This Program and any related dispute (whether for breach of contract, tortious conduct, or otherwise) is and will be governed by the internal laws of the State of Illinois and these Terms must be construed in accordance with the internal laws of Illinois, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws. By participating, you submit to exclusive personal jurisdiction in Chicago, Illinois and agree that any dispute related to this Program shall be brought exclusively in the state or federal courts in Chicago, Illinois. YOU ACKNOWLEDGE THAT NOTHING IN THESE TERMS WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW. OTHER: Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, if any, not to exceed $10 USD, including costs associated with participating in the Program and attorneys’ fees. By participating, you hereby waive all rights to claim direct, indirect, punitive, incidental, special and consequential damages and/or any other damages, other than for actual out-of- pocket expenses, and any and all rights to have damages multiplied or otherwise increased. In the event of an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Program materials and Terms, it will be resolved by Sponsor in its sole discretion. EACH PARTICIPANT ACKNOWLEDGES THAT IF THEY ARE A RECIPIENT, CERTAIN OF THEIR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON INFORMATION REQUESTS ABOUT THE RECIPIENT. You can obtain a copy of these Terms by going to https://programguides.homepartners.com/view/267782177/ during the Program Period. This is not an offer or solicitation in any jurisdiction where Sponsor is not authorized to do business.
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