eXp® New Homes Membership Terms and Conditions

1. General

These eXp New Homes Membership Terms and Conditions (“Membership Terms”) shall be effective as of the Effective Date (defined below) and shall be incorporated into your eXp New Homes Membership Application in their entirety and made a part thereof. The Membership Terms, together with your eXp New Homes Membership Application, and any other hyperlinked terms or websites referenced herein (including, without limitation, the eXp New Homes 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 New Homes

a. Enrollment Conditions. You will not become enrolled as a member in eXp New Homes 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 New Homes; (2) eXp has sent you an email correspondence approving your Application; and (3) eXp has received your Enrollment Fee, as applicable to the membership type and payment option you have elected to enroll in.

b. Enrollment in eXp New Homes. You will become enrolled in eXp New Homes 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 New Homes unless or until removed by eXp, or you withdraw from eXp New Homes. Termination of your ICA shall constitute your removal from eXp New Homes. eXp reserves all rights to, (i) reject your enrollment in eXp New Homes, or (b) remove you from eXp New Homes at any time, for any reason, and without reimbursement.

c. eXp New Homes Certification Course. The eXp New Homes Certification Course is available to all eXp New Homes members, at no additional cost, and may be completed at any time. However, as part of your enrollment as a member in eXp New Homes, you may be required to complete the eXp New Homes Certification Course. eXp will determine, in its sole discretion, whether you are required to complete the eXp New Homes Certification Course and, if required, will notify you in writing. You acknowledge that, if required, you must participate in and complete the eXp New Homes Certification Course within thirty (30) days of the Effective Date, and failure to do so may result in your removal from eXp New Homes.

3. Enrollment Period

Your initial enrollment in eXp New Homes 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 New Homes for subsequent periods of one (1) year (each, a “Renewed Enrollment Period”, and collectively with the Initial Enrollment Period, the “Enrollment Period”), and you shall remain re-enrolled in eXp New Homes unless or until removed by eXp or you withdraw from eXp New Homes. For the avoidance of doubt, the terms within this Application shall apply during the entire Enrollment Period.

4. Membership; Benefits

a. Membership Types; Benefits. eXp New Homes offers two membership types: (A) Premium Membership, which provides access to the full suite of eXp New Homes Benefits; and (B) Brand Membership, which provides access to a limited suite of eXp New Homes Benefits. For so long as you remain enrolled in eXp New Homes, you will be entitled to receive those benefits associated with your membership type as set forth on the eXp New Homes benefits form found at https://join.expnewhomes.com/plan-us/ (for the United States) or https://join.expnewhomes.com/plan-ca/ (for Canada) (the “eXp New Homes Benefits”). The eXp New Homes Benefits are subject to change, addition, and/or removal by eXp at any time, upon thirty (30) days’ prior notice to you.

b. Upgrades/Downgrades. Membership upgrades and downgrades require approval from eXp New Homes; all upgrade and downgrade requests must be submitted to eXp New Homes (via email to newhomes@exprealty.net). Approved upgrades may take effect at any time; however, approved downgrades shall only take effect at the beginning of a Renewed Enrollment Period. Any approved membership upgrade or downgrade shall not alter the duration of your then-current Enrollment Period or the commencement of any upcoming Renewed Enrollment Period.

5. Enrollment Fees; Marketing Studio Fees

a. Enrollment Fees. You shall pay each initial and recurring Enrollment Fee, plus applicable sales tax, as set forth in the payment option you have selected in this Application. 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. Fees will be charged under each payment option as follows:

i. Monthly Payment Option. The monthly Enrollment Fee shall be due and payable upon the Effective Date, and on each monthly anniversary of the Effective Date thereafter during the Initial Enrollment Period and any Renewed Enrollment Period. (For example, if your Effective Date is October 10^th, then your Enrollment Fee will be due and payable on the 10^th day of each month.)

ii. Annual Payment Option. 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.

b. Marketing Studio Fees. Marketing Studio services are subject to additional fees, on a project-by-project basis, separate and apart from any initial and recurring Enrollment Fee (“Marketing Studio Fees”). The Marketing Studio Fees are each non-refundable. If you wish to receive Marketing Studio services, you must submit a project request to eXp New Homes via the Customized Project Intake & Quote Form. Upon receipt of each project request, eXp New Homes will issue a custom quote estimating the amount of Marketing Studio Fees that will apply to your requested project. For avoidance of doubt, the Marketing Studio Fees set forth in any custom quote represent an estimate only, and the total amount may exceed the estimate upon project completion based on actual work performed; No Marketing Studio Fees will be due and payable unless or until a custom quote for the requested project is approved, in writing, by both you and eXp New Homes. Following approval of each custom quote, and as a condition of eXp New Homes commencing any work on the respective project, you shall pay the total estimated amount of Marketing Studio Fees applicable to the project in advance (as set forth in the corresponding custom quote). If, upon completion of any project, the total amount of Marketing Studio Fees incurred exceeds the estimated amount paid in advance, you will be billed for the remaining balance following project completion. All Marketing Studio Fees are subject to applicable sales tax, and are due and payable immediately (by you) upon issuance of the invoice by eXp New Homes.

c. Payment Methods. During the enrollment process of your eXp New Homes Membership Application, you will be directed to elect your payment preference to satisfy payment of all fees to be paid by you to eXp hereunder. You may elect to pay via either: (i) your then-current payment methods on file in the eXp Enterprise system; or (ii) new credit cards or electronic payment methods submitted in eXp New Homes’ electronic payment portal. You shall be solely responsible for ensuring that your payment methods remain current in the eXp Enterprise system and/or eXp New Homes’ electronic payment portal. For avoidance of doubt, eXp New Homes’ electronic payment portal is separate and distinct from the eXp Enterprise system, and if you elect to use eXp New Homes’ electronic payment portal, you will be responsible for ensuring that your payment methods remain current in eXp New Homes’ electronic payment portal in addition to the eXp Enterprise system. You hereby authorize eXp to use your elected payment methods (whether the eXp Enterprise system or eXp New Homes’ electronic payment portal) for payment of each initial and recurring Enrollment Fee, and all other fees to be paid by you to eXp hereunder. If you elect eXp New Homes’ electronic payment portal, in the event of a payment failure under eXp New Homes’ electronic payment portal, you further authorize eXp to 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 New Homes, 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, and such amounts shall be deemed to be “Amounts Owed To eXp” under your ICA. You further acknowledge that eXp’s failure to receive any payments, as and when due, may result in your removal from eXp New Homes.

6. eXp New Homes Trade Name and Logo

While enrolled in eXp New Homes, you will be granted a limited, revocable license to use the applicable “eXp^® New Homes” trade name and corresponding “eXp^® New Homes” logo of that eXp brokerage brand you are affiliated with (individually, and collectively, “eXp New Homes intellectual property”) for real estate brokerage branding and marketing purposes, all in accordance with the terms and conditions of the eXp New Homes 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 New Homes Brand Guidelines and logos are each available for download and review at https://join.expnewhomes.com/brand/. To the extent eXp determines that your use of any eXp New Homes 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 New Homes 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 described in the eXp World Holdings, Inc. Privacy Policy and Data Processing Policy, available at https://expworldholdings.com/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 New Homes, 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 New Homes, then you must immediately stop using all eXp New Homes intellectual property and materials, and that any of your eXp New Homes listing advertisements will be deactivated. You further acknowledge that eXp may update this Application (including any other document or websites 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.