eXp Land & Ranch
eXp Land & Ranch
eXp Commercial Land & Ranch

EXP® LAND & RANCH MEMBERSHIP

TERMS AND CONDITIONS

1.

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

a.

Enrollment Conditions.You will not become enrolled as a member in eXp Land & Ranch 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 Land & Ranch; (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 you have elected to enroll in.

b.

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

c.

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

3. Enrollment Period.

Your initial enrollment in eXp Land & Ranch 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 Land & Ranch 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 Land & Ranch unless or until removed by eXp, or you withdraw from eXp Land & Ranch. For avoidance of doubt, the terms within this Application shall apply during the entire Enrollment Period.

4. Membership; Benefits.

a.

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

b.

Listing Syndication Tools. (Premium Membership Only)As part of the eXp Land & Ranch Benefits, you will be granted access to third-party listing syndication tools made available by eXp Land & Ranch (“Listing Syndication Tools”). You acknowledge that use of certain Listing Syndication Tools may be subject to additional fees (separate and apart from any initial and recurring Enrollment Fee), including those set out in Section 5(b), below. You agree to locate and abide by all current and future “terms of use”, “terms of service”, and any analogous terms and conditions having another name (collectively, “Third-Party Terms”), required by any third-party service providers in connection with your access to and use of the Listing Syndication Tools. Third-Party Terms may be updated from time to time, and you shall be solely responsible for ensuring you remain informed and in compliance with all then-current Third-Party Terms.

c.

Upgrades/Downgrades.Membership upgrades and downgrades require approval from eXp Land & Ranch; all upgrade and downgrade requests must be submitted to eXp Land & Ranch (via email to landandranch@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; Listing Syndication Fees.

a.

Enrollment Fees. You shall pay each initial and recurring annual Enrollment Fee, plus applicable sales tax, as set forth in the membership type you have selected 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.

Listing Syndication Fees. (Premium Membership Only)The Listing Syndication Tools identified in this Section 5(b) are subject to additional fees, which are separate and independent from any initial and recurring Enrollment Fee (“Listing Syndication Fees”). The Listing Syndication Fees (if any) shall be due and payable based upon, and in accordance with, your use of the applicable Listing Syndication Tool. The Listing Syndication Fees are each non-refundable and will be billed exclusively in United States currency. eXp reserves all rights to increase or decrease the Listing Syndication Fees at any time and for any reason, as determined in its sole and absolute discretion, upon thirty (30) days’ prior notice to you. If you access and use the Listing Syndication Tool:

i. Land.com (US ONLY), then you shall pay $25.00 USD per listing per month, plus applicable sales tax, for each additional active and concurrent listing over the third (3rd) listing within this Listing Syndication Tool.

ii. Horseproperties.net, then you shall pay:

  • $79.00 USD, plus applicable sales tax, for each listing that will remain active for 3 months within this Listing Syndication Tool; or
  • $119.00 USD, plus applicable sales tax, for each listing that will remain active for 6 months within this Listing Syndication Tool; or
  • $139.00 USD, plus applicable sales tax, for each listing that will remain active for 12 months within this Listing Syndication Tool.
c.

Payment Methods.You shall be solely responsible for ensuring that your payment methods remain current in eXp Land & Ranch’s electronic payment portal. For avoidance of doubt, eXp Land & Ranch’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 Land & Ranch’s electronic payment portal in addition tothe eXp Enterprise system. You hereby authorize eXp to: (i) use your then-current payment methods on file in eXp Land & Ranch’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 Land & Ranch, 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 Land & Ranch.

6. EXP Land & Ranch trade name and logo.

During your enrollment in eXp Land & Ranch, eXp grants you a limited, revocable, non-exclusive license to use the “eXp Land & Ranch” trade name and associated logos solely for lawful marketing purposes in connection with your real estate business, and solely in strict compliance with the then-current eXp Land & Ranch Brand Guidelines (available at https://join.landandranch.exprealty.com/logos-brand-guidelines/), the Membership Terms, and the applicable eXp P&P's. You shall not use the trade name or logos in any manner that could dilute, tarnish, or otherwise harm eXp’s goodwill. You acknowledge and agree that you acquire no ownership rights or other interest in any eXp Land & Ranch intellectual property, and that all goodwill arising from your use inures to the sole benefit of eXp. eXp may suspend or revoke this license upon notice for any failure to comply with the foregoing.

7. Privacy policy; receipt of promotional information.

You acknowledge and agree that eXp may collect, use, and disclose personal information that you provide in connection with this Application and your membership for purposes of administering your affiliation with eXp Land & Ranch, which may include sending you promotional communications from eXp and its affiliates. Additional information regarding eXp’s practices is set forth in the eXp World Holdings, Inc. Privacy Policy and Data Processing Policy (the “Privacy Policy”) available at https://expworldholdings.com/privacy-policy/. By accepting these Membership Terms, you represent and warrant that you have reviewed the Privacy Policy and agree to be bound by its terms, including without limitation your receipt of promotional offers as described therein.

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 Land & Ranch, then you must immediately stop using all eXp Land & Ranch intellectual property and materials, and that any of your eXp Land & Ranch 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.