The use of the Site indicates your unconditional acceptance of these terms of service. We reserve the right, in our sole discretion to update or revise these terms of service. Your continued use of the site following the posting of any changes to the terms of service constitutes acceptance of those changes.
The Homebuyer acknowledges that by using this free service they have only agreed to sign a standard Buyer Representative Agreement with the Realtor 5050 Split assigns to them which includes a Schedule A outlining the commitment of the realtor and brokerage to honour and execute the 50/50 Split services and rewards calculation as it appears on the completed and signed Schedule A of the Buyer Representative Agreement.
The Homebuyer acknowledges, consents and authorizes that 50/50 Split may, as a result of the acceptance of these services share information to partners and third parties marketing goods and services including, but not limited to, mortgage lenders and may accept and receive referral fees and other remuneration from such parties.
The Homebuyer acknowledges that the buying commission earned and received by the Realtor on any transaction may vary, and no specific amount or percentage is guaranteed by 5050 Split. The completed and signed Schedule A of the Buyer Representative Agreement is the instrument that secures the Homebuyer reward as set out in the 5050 Reward table.
The agreement to be assigned a participating Realtor shall remain in effect with any Homebuyer as set by the terms of their signed Buyer Representative Agreement. The Homebuyer and the assigned Realtor are prohibited from entering into any secondary agreements that alter, modify and or render these terms unenforceable and 5050 Split is not responsible for any agreement. 50/50 Split shall retain the right to terminate this Agreement at any time prior to the Homebuyer entering into a firm agreement of purchase for a property, and without further obligation or consequence, as long as notice is given 24 hours in advance.
The Homebuyer acknowledges and agrees that 50/50 Split may use details of any Homebuyer transaction at any time for statistical and promotional purposes.
The Homebuyer consents and authorizes that 50/50 Split may request and receive from the 50/50 Split assigned Realtor, copies of some or all of the documents related to the transaction(s) undertaken by the Homebuyer under the terms of the 50/50 Split Realtor Agreement(s), and personal information about the Homebuyer for the purposes of gathering statistics, evaluating the performance of the 50/50 Split Realtor, confirming completion of a sale, calculating the Homebuyer reward, and administrating the referral(s) contemplated herein.
The Homebuyer consents and authorizes that 50/50 Split may make contact with the Homebuyer for marketing and related services, and that their personal information may be used for marketing and related purposes from time to time, including after the termination of this agreement, to market to them goods and services that may be of interest and benefit to the them. The marketing could be done on behalf of, or by, third parties. The Homebuyer may at any time option out of this communication.
During the term of this Agreement, the Homebuyer agrees to work exclusively with the 50/50 Split Realtor for the purchase and/or sale of any property as defined in any Buyer Representation Agreement(s) and/or listing agreement(s) entered into with the 50/50 Split Realtor.
The Homebuyer warrants that, at the time of execution of this Agreement and that of the 50/50 Split Realtor Agreement(s), he or she is/was not party to any valid Buyer Representation Agreement(s) or valid listing agreement(s) with any other brokerage, broker, or salesperson, in relation to the same property identified in the Buyer Representation Agreement presented by your 50/50 Split Realtor. Further, the Homebuyer agrees that he or she will not enter into any other such agreement during the term of the Buyer Representation Agreement with your 50/50 Split Realtor.
The Homebuyer will hold harmless and indemnify 50/50 Split for any claims that may arise from its good faith referral of the Homebuyer to third party goods and services providers including to the 50/50 Split Realtor.
Professional Realtor [Agent]
The use of this Site and its associated services indicates your unconditional acceptance of these terms of service. We reserve the right, in our sole discretion to update or revise these terms of service. Your continued use of the site following the posting of any changes to the terms of service constitutes acceptance of those changes.
An agreement referred to, as a 50/50 Split Realtor Reward Agreement shall commence the moment a 50/50 Split Realtor has been assigned a homebuyer through this service. This agreement shall remain in effect until all agreements including the Buyer Representation Agreement presented to the 50/50 Split assigned Homebuyer, and any renewal(s) thereof, have expired.
The Realtor consents to the collection, use and disclosure of personal information by 50/50 Split for the purpose of referring third party products and/or services. The Realtor acknowledges and agrees that 50/50 Split may use details of any Homebuyer transaction for statistical and promotional purposes.
The Homebuyer and Realtor consents and authorizes that 50/50 Split may request and receive from the Realtor copies of the Buyer Representation Agreement undertaken by the Homebuyer under the terms of this agreement, and personal information about the Homebuyer for the purposes of gathering statistics, evaluating the performance of the Realtor in the execution of the terms of the Buyer Representation Agreement e.g. confirming completion of a sale, calculating the Homebuyer reward, and administrating the referral(s) contemplated herein.
The Realtor and Homebuyer will hold harmless and indemnify 50/50 Split for any claims that may arise from its good faith assignment of Realtor to the Homebuyer, disputes arising from the Buyer Representation Agreement or to the use of any third party goods and services related to this agreement including referrals thereof.
Limitations on Usage
You are hereby prohibited from using the trademarks, service marks, designs, and logos of 50/50 Split, or any colorable imitation thereof, as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of 50/50 Split. The Website is subject to all intellectual property laws, including but not limited to trademark, copyright, and trade secret laws.
You are prohibited from using the Website for any use not explicitly stated in this Agreement. Such unauthorized uses may include:
Any modification of the Website, including but not limited to translation into another computer language or the creation of derivative works from the Website;
Any commercial use, such as the resale or republication of the Website, excluding the commercial uses allowed by 50/50 Split, which are offered to users with registered User Accounts;
Any use of the Website outside of its customary or intended purposes;
Any use of the Website to transmit any material, whether by email, uploading, posting, or otherwise, that threatens or encourages bodily harm or destruction of property;
Any use of the Website to transmit any material that is unlawful, promotes hatred, is threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or violate any local, state, provincial, federal or foreign law;
Any use of the Website that promotes and/or enables illegal or unlawful activities.
Any use of the Website to transmit any material, whether by email, uploading, posting, or otherwise, that violates the rights of third parties, including but not limited to material that contains or constitutes intellectual property infringement, false advertising, or defamation;
Any use of the Website to defraud, to impersonate, to harass, to participate in or promulgate Ponzi schemes, pyramid schemes, chain letters, unsolicited bulk or commercial emails, or to collect personal or personally identifiable information from the users of the Website without their knowledge or consent; or
Any other activity that disrupts the Website or its associated services, including but not limited to through hacking or denial of service attacks.
The Site is available to members who are 18 years and older, residents of Canada, and who have not been suspended or removed by 50/50 Split for any reason. By becoming a member you represent that you are of legal age and that you reside in Canada. If you do not qualify, you may not use the Site. As a member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Members may not have more than one active account.
Real Estate Professionals must be currently registered and in good standing with your respective real estate board and must belong to a reputable real estate brokerage in Canada.
You further understand and agree that through your participation in the Website and or through any future registration and use of a Member Account, the personal information associated with your Member Account may be transmitted to a third party that has also registered a Member Account with the Website. You unambiguously consent to this transmission of your personal information.
Canadian resident real estate buyers and/or real estate sellers will be required to provide consent to receive emails from third parties if the requested 50/50 Split service requires services from a third party (for example, a local real estate agent).
You understand and agree that the real estate professionals that participate on the Website are not employees of 50/50 Split. 50/50 Split is not responsible or liable for any acts or omissions created or performed by such real estate professionals and/or any third party. Your correspondence or business dealings with third parties found on or through the Website and/or Services (including but not limited to payment and delivery or services and related goods, personal information, opt-in contact information and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such third party. You acknowledge and agree that 50/50 Split will not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings.
You agree to hold harmless and indemnify 50/50 Split for any and all claims, demands, judgments, liability, costs, or fees, including reasonable attorneys.
Realtors agree to contact the Homebuyer stated in the agreed 50/50 Split Realtor Reward Agreement (assigned to homeowner/ buyer) within 24 hours of the finalization of the agreement.
Realtors agree to contact the Homebuyer stated in the agreed 50/50 Split Realtor Reward Agreement (assigned to homeowner/ buyer) within 24 hours of the finalization of the agreement.
You agree to hold harmless and indemnify 50/50 Split for any and all claims, demands, judgments, liability, costs, or fees, including reasonable attorneys’ fees, arising out of or relating to disputes over transactions entered into through the Website. You agree to pay for any and all services that you have contracted for through your use of the Website. You also agree to provide any or all services that you have been contracted to perform by users of the Website. You understand and agree that 50/50 Split will not be held liable for any user’s failure to complete a transaction entered into through the Website.
You represent and warrant that you will not, through your Member Account, (i) violate any term or condition of this Agreement; (ii) violate any applicable law, regulation, license limitations, statute, ordinance, or treaty; (iii) contribute false, inaccurate, or misleading information to the Website; or (iv) violate the rights of third parties, including trademark rights, copyright rights, patent rights, and rights of privacy or publicity. 50/50 Split reserves the right, within its sole and absolute discretion, to disable, delete, restrict access to, or ban any Member Account or to remove any content, comments, or materials submitted through a Member Account that violates any of the above or are otherwise unlawful, harmful, offensive, or inappropriate, which will be determined in 50/50 Split’s sole discretion. 50/50 Split has the right, but has no obligation, to monitor the information submitted through Member Accounts to the Website. 50/50 Split may replace, modify, or delete this information at any time and in its sole discretion.
Copyright and Proprietary Rights
All articles, text, illustrations, graphics, images, photographs, information, audio or video clips, software and codes available on the Website (the “Content”), including the manner in which the Content is presented, are protected by Canadian and foreign law, including copyright law, and belong to 50/50 Split. All software integrated in or found on the Website, including, in particular, any type of machine code, including all of the files and/or images contained in or generated by such software, is protected by copyright and may be protected by other laws. All such software belongs to 50/50 Split, its affiliates or licensors. You shall not: (i) use, copy, modify, adapt, translate, download or transmit all or any part of the software; (ii) sell, lease, license or assign the software or otherwise allow access thereto; (iii) modify, remove or cover any trade-mark or proprietary notice included in the software; or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Website and its components, including, in particular, the software, or help anyone do so. Use of the Content and materials for any purpose not expressly permitted in these Terms of Service is prohibited.
Notice and Take Down Procedures: If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must : (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: 50/50 Split info@50/50 Split
Links to Third-Party Websites
No Implied Endorsements: This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
Any comments, ideas, notes, postings, message suggestions or other communications or information posted on the Site, submitted to 50/50 Split, or otherwise communicated in connection with your use of the Site (collectively “Submissions”) shall be and remain the exclusive property of 50/50 Split with no further compensation to you. As such we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Submissions.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OR ANY SUBMISSION TO 50/50 Split CREATE ANY OBLIGATION OR LIABILITY ON THE PART OF 50/50 Split. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE, OR CONTAIN, LIBELLOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO 50/50 Split THAT 50/50 Split IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY 50/50 Split, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
50/50 Split takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.
Disclaimer of Warranty
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, 50/50 Split DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You understand and agree that you will hold harmless and indemnify 50/50 Split, its officers, directors, employees, members, agents, successors, assigns, independent contractors, and employees, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorneys’ fees, that arise from your use of or access to the Website, your violation of any term or condition of this Agreement, your violation of the rights of a third party, or your violation of any applicable law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. This obligation to hold harmless and indemnify 50/50 Split will survive the failure or termination of this Agreement or your use of the Website.
Limitation of Liability
IN NO EVENT SHALL 50/50 Split OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF 50/50 Split HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF 50/50 Split OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO 50/50 Split IN CONNECTION WITH THE APPLICABLE EVENT OR PROMOTION GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL 50/50 Split OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF 50/50 Split.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through 50/50 Split. Because some provinces do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such provinces, some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
We make no representation that information on this Site is appropriate or available for use outside Canada. Those who choose to access this Site from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Unavailability of Site; Termination; Fraud
We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms of Service. If at any time we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately.
In the event these Terms of Service or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
Additional Terms and Conditions
Additional terms and conditions may apply to specific portions of the Site or your membership which terms are made part of these Terms of Service by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Service and the terms posted or emailed for, or applicable to, a specific portion of the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site or your membership.
You understand and agree that the Website is operated from Ontario, Canada for all legal and non-legal purposes. You also agree that the Website is passive in nature and does not give rise to personal jurisdiction over 50/50 Split in jurisdictions other than Ontario, Canada. The laws and legal principles of the province of Ontario will govern this Agreement without regards to its conflicts of laws principles. Any disputes arising out of or relating to this Agreement or your use of the Website will be decided exclusively by arbitration.
YOU AND 50/50 Split AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN ONTARIO, CANADA AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES RELEASED BY THE CANADIAN ARBITRATION ASSOCIATION.
THE ARBITRATOR WILL HAVE THE DISCRETION AND AUTHORITY TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY AND WILL DECIDE THE ARBITRATION PROCEEDING UNDER THE LEGAL PRINCIPLES AND LAWS OF THE PROVINCE OF ONTARIO. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND 50/50 Split AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE PROVINCE OF ONTARIO IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND 50/50 Split AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
The Website is not directed to persons under the age of eighteen (18) and 50/50 Split will not knowingly collect personally identifiable information from children under the age of eighteen (18). If 50/50 Split inadvertently collects personally identifiable information, 50/50 Split will delete the personally identifiable information in accordance with its security protocols.
Assignment Of Realtor
Users are responsible for reading any all Terms and Conditions, instructions and reward model advertised on the website and agree to them by completing and signing either the 50/50 Split Realtor Reward Agreement and or Schedule A of the Buyer representation Agreement, you are committing to share a reward as set out in the Reward Table of the Website, the 50/50 Split Realtor Reward Agreement and the Buyer representation Agreement where clearly defined is the calculation for the percentage of buying commission to be rewarded to the homebuyer outlined in said agreements.
Users agree to take into consideration standard commission rates for participating agents and their brokerages. Contacting 50/50 Split initiates a non-binding transaction representing a Homebuyer or seller and or real estate professional’s serious expression of interest in sharing the buying commission as outlined in the 50/50 Split Realtor Reward Agreement but does not create a formal contract between 50/50 Split and the Homebuyer. Before assignment of a real estate professional to a Homebuyer, Realtors are required to pre-authorize a payment that is no less than the cost indicated in the 50/50 Split Realtor Reward Agreement. Once payment is processed 50/50 Split will forward the required information and assign the Realtor to the homebuyer.
Realtors agree to honour the rates set out by 50/50 Split. You understand that although property sellers may prefer to work with local agents, you assume the risk of being assigned and receiving communication from property sellers outside of your local service area of expertise. You understand that 50/50 Split does not guarantee leads. It is up to the real estate professional to secure potential property sellers as clients through the Buyer Representation Agreement connected to your 50/50 Split Realtor Reward Agreement. All fees paid are non-transferable and non-refundable however, unsuccessful and or expired 50/50 Split Realtor Reward Agreements will be honoured/ replaced one time.
Initiating Contact & Provision of Information to 50/50 Split
Homebuyers agree to provide accurate information to their assigned Realtor in completing the Buyer Representation Agreement. Homebuyers agree that 50/50 Split and or the assigned Realtor will be contacting them to verify the information submitted (including personal information) is correct.
You agree to provide accurate and current contact information (including but not limited to telephone number and email address) that will be forwarded to the assigned Realtor.
You agree to allow the assigned Realtor to contact you using the information supplied to 50/50 Split.
50/50 Split AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
All rights not expressly granted herein are reserved to 50/50 Split.