Global Affilaite applicants, agree to be bound by these terms for use and agree that they constitute a binding contract (“Agreement”) between the you and The Canadian Real Estate Association (CREA), which is a federally incorporated not-for-profit corporation located at 200 Catherine Street, 6th floor, Ottawa Ontario, K2P 2K9.
1. By applying to become a Global Affiliate of CREA you certify that you are a member in good standing of a real estate organization outside of Canada, such as the National Association of REALTORS®, FIABCI or AREAA.
3. You agree to comply with all federal and provincial legislation in your dealings with REALTOR® members in Canada, including provincial/territorial real estate licensing legislation and Canada’s Anti-Spam Legislation.
Global Affiliate Benefits
4. Once your application has been processed you will be:
a. Deemed a Global Affiliate of CREA;
b. Authorized to promote yourself as a Global Affiliate of CREA;
c. Authorized to use the CREA Global Affiliate badges and banners available on the Global Affiliate website;
d. Able to participate in the CREA Global Facebook Group;
e. Granted limited access to the Global Affiliate website.
5. A completed copy of this Agreement will be provided to you once your application has been processed by CREA with instructions on how to access the Global Affiliate website.
6. Your Global Affiliate status will last for (1) one year from the date CREA communicates to you that your status is effective.
7. Your Global Affiliate status will automatically renew unless this Agreement is terminated as provided for herein.
Payment of Fees and Renewals
8. You agree to pay an annual fee to CREA of $95 USD plus applicable taxes to obtain your Global Affiliate status. ALL FEES ARE NON-REFUNDABLE.
9. You will be automatically charged the annual fee ever year upon the anniversary of the date of this Agreement unless this Agreement is terminated as provided for herein. It is your obligation to notify CREA of any changes to your payment information.
10. CREA reserves the right to increase the annual fee at any time. CREA will communicate any fee increase to you sixty (60) days prior to the renewal of the current term to the email address you have provided in your application.
Suspension and Termination
11. You may terminate this Agreement at any time by notifying CREA you wish to relinquish your Global Affiliate status.
12. CREA may terminate this Agreement immediately and without liability:
b. If you are not a member in good standing of a real estate organization outside of Canada;
c. You fail to pay the annual fee;
d. If CREA eliminates the Global Affiliate program; or
e. If, in CREA’s sole determination, you commit an act that contravenes any law (for example, you violate Canada’s Anti-Spam legislation) or is unethical or dishonest.
14. CREA will endeavor, but is not required to, communicate notice of the termination of your Global Affiliate status or the suspension of your Global Affiliate website access to the email address you have provided in your application.
Privacy/Use of Information/Messages
16. You agree that CREA may publish your name, email address, and phone number, as well as any other information you provide CREA such as a picture, in an electronic directory that will be available to all CREA members and other Global Affiliates. CREA members and Global Affiliates may decide to contact you directly using any contact information published in this directory.
17. CREA may also provide you with the ability to send messages to CREA members and other Global Affiliates through CREA’s Global Directory. Likewise, where this functionality is available, other CREA members and other Global Affiliates may send you messages in this manner.
18. You agree not to use CREA’s Global Directory to harass or abuse, send spam or other unwanted communications, or send unlawful, libelous, obscene, discriminatory or otherwise objectionable messages including messages that:
- infringe, misappropriate or violate any intellectual property or other rights of any third-party;
- are defamatory, harmful to minors, obscene or child pornographic;
- contain any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information; or
- are false, misleading or inaccurate.
19. CREA is under no obligation to review the content of messages sent through CREA’s Global Directory, but may do so at any time in order to comply with any law, government request, or in the interest of operating the systems. CREA may remove or block any message for any reason.
20. CREA is not liable for any messages or communications that you receive from, or send to, CREA members or Global Affiliates.
Use of CREA Global Affiliate Badges and Banners
21. CREA grants to you a non-exclusive, non-transferable, non-sublicensable license to use the CREA Global Affiliate badges and banners which can be downloaded from the Global Affiliate website.
22. Any use of the badges and banners under this Agreement shall be subject to the same terms and conditions governing the use of CREA’s marks found in CREA’s By-Laws, Rules, Policies, manuals and other guidance documents as amended from time to time. You hereby agree to comply with all such terms and conditions.
23. You agree to only use the badges and banners in this form and not to crop, distort, alter, expand on, combine the badges and banners with other words or designs.
24. You expressly agree that if it at any time you cease to be a Global Affiliate in good standing of CREA, or if this Agreement is for any reason terminated, you will immediately eliminate the CREA Global badges and banners from all business, promotional, or other material and will take all other reasonable action deemed by CREA to be necessary or appropriate to assure that the public is not misled with respect to your affiliate status in CREA.
25. You acknowledge and agree that you are not permitted to use or display any of CREA’s other trademarks, including but not limited to: CREA, REALTOR Link®, REALTOR®, REALTORS®, MLS®, Multiple Listing Service®, DDF® or related logos.
Use of CREA Global Facebook Group
26. You agree not to post anything in the CREA Global Facebook Group that:
• Could be considered offensive or inappropriate;
• Are not relevant to the post they are responding to;
• Consist purely commercial endorsements, including spam;
• Infringe upon legal rights of CREA’s or others arising from any source, including statutory, common law or contractual rights.
29. You agree to indemnify and hold CREA harmless from any and all liability, damages or expenses, whatsoever due, arising from, directly or indirectly, any cause of action arising out of your use of the CREA Global Directory or contravention of this Agreement.
Liability and Warranty Disclaimer
30. You agree that your Global Affiliate status is provided “As Is” without warranty of any kind including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. CREA shall not be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your Global Affiliate status.
32. You are not permitted to assign or otherwise transfer partially or totally your rights and obligations under this Agreement.
Updates and Revisions
33. CREA may at any time revise this Agreement. You should therefore periodically review the terms of this Agreement, available to Global Affiliates at www.creaglobal.ca , to review any revisions. By maintaining your Global Affiliate status, you agree to any revisions.
35. This Agreement shall be interpreted without regard to which party drafted this Agreement.
36. If any of the provisions of this Agreement are held invalid or unenforceable, such a finding will not affect the validity of any other provisions of this Agreement, unless the invalidity or unenforceability would invalidate the remainder of this Agreement.
37. This Agreement contains and constitutes the entire understanding and Agreement between the Parties and supersedes all previous negotiations, agreements, commitments and writings. Each Party acknowledges that it has not relied on or been induced to enter into this Agreement by a representation or warranty other than those expressly set out in this Agreement.