Refer and earn Supplemental terms

It is your responsibility to determine whether your participation in the Program complies with all laws, licensing requirements, ethical obligations, or other professional rules applicable to you.

These Supplemental Terms for Real Estate Professionals (“Supplemental Terms”) apply to any participant in the Kinetic Refer & Earn Program (“Program”) who selects, identifies as, or participates under a real estate related occupation, including realtors, real estate salespersons, brokers, broker associates, and other licensed or regulated real estate professionals (“Participant”).

These Supplemental Terms are incorporated into and supplement the Kinetic Refer & Earn Program Terms and Conditions (“Program Terms”). By participating in or using the Program after selecting such occupation, Participant agrees to these Supplemental Terms.

Eligibility and Authority.

By participating in the Program, you represent, warrant and agree that:

You are legally eligible to participate in the Program;

Your participation in the Program and receipt of any reward does not and will not violate any applicable law, regulation, licensing requirement, code of ethics, brokerage policy, employer policy, independent contractor agreement, fiduciary duty, or other contractual or professional obligation applicable to you;

You are solely responsible for determining whether participation in the Program is permitted under any professional rules and obligations to which you are subject; and

You are otherwise eligible to participate under the Program Terms.

Program Conduct.

In connection with your participation in the Program, you agree that you will not:

State or imply that Kinetic has endorsed you, your brokerage, your real estate services, or any specific listing, property, transaction, or business relationship;

State or imply that use of Kinetic services is required, preferred, or necessary in connection with any real estate transaction;

Use the Program in a manner that conflicts with any duties you may have to any client, prospect, employer or other party or that creates an undisclosed conflict of interest; or

Advertise, offer, or describe any Program reward as a credit, rebate, concession, inducement, closing benefit, or other transaction-related incentive in connection with the purchase, sale, lease, financing, or management of real property, unless expressly permitted by applicable law.

Disclosures.

You are responsible for making all disclosures required by applicable law, regulation, licensing requirement, code of ethics, brokerage policy, employer policy, platform rule or other professional obligation in connection with your participation in the Program.

Without limiting the foregoing, you must clearly and conspicuously disclose any material connection to Kinetic and any opportunity to receive a reward, incentive, or other thing of value for a referral whenever such disclosure is required under applicable law or the Program Terms. You are solely responsible for compliance with any applicable Federal Trade Commission endorsement and advertising guidance and any applicable real estate advertising, licensing, ethics, or disclosure requirements.

Kinetic Rights.

Without limiting any rights under the Program Terms, Kinetic may, in its sole discretion, deny, reverse, or recover any reward, or suspend or terminate your participation in the Program, if Kinetic determines that:

You or any referral have not complied with the Program Terms or these Supplemental Terms; or

Your participation or any reward may create legal, regulatory, reputational, or operational risk for Kinetic.

Indemnification.

In addition to, and not in lieu of, your indemnification obligations under the Program Terms, you agree indemnify and hold Kinetic, its affiliates and their respective officers, directors, employees, agents, representatives, successors and assigns, harmless from and against any and all damages, costs, expenses, claims or liabilities of any kind including third party claims, whether pending or threatened, including without limitation, attorneys' fees and court costs, incurred by any of them arising out of or related to: (a) your participation in the Program; (b) your breach of these Supplemental Terms or the Program Terms; or (c) your violation of any applicable law, regulation, licensing requirement, code of ethics, brokerage policy, employer policy, fiduciary duty, or other contractual or professional obligation applicable to you.

Severability; Governing Terms.

Except as expressly modified by these Supplemental Terms, the Program Terms remain in full force and effect. If there is a conflict between these Supplemental Terms and the Program Terms, these Supplemental Terms control with respect to Participant.

Every provision of these Supplemental Terms is severable. If any term or provision herein is held illegal for any reason whatsoever, then such illegality or invalidity shall not affect the validity of the remainder of these Supplement Terms.