By accessing any of the websites or mobile applications (collectively, hereinafter “website” or “websites”) operated by QuiqNest LLC.), including QuiqNest.com, you, the user, agree to be bound by all of the terms for use and agree these terms constitute a binding contract between the user and QuiqNest.
These Terms of Use apply to all users.
Copyright
This website/database is a copyright-protected work which is owned by QuiqNest. Part of the contents of this website/database, including all real estate listings and related information, images and photographs (collectively, “Listing Content”), are also protected by copyright, which is owned by the QuiqNest agents who supplied the content and/or by third parties, and is reproduced in this website/database under license. The contents of this website/database, including the Listing Content, are intended for the private, non-commercial use by individuals. Any commercial use of the website/database, including the Listing Content, in whole or in part, directly or indirectly, is specifically forbidden except with the prior written authority of the owner of the copyright.
Users may, subject to these Terms of Use, print or otherwise save individual pages for private use. However, the contents of this website/database, including the Listing Content, may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include “screen scraping”, “database scraping” and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by, or displayed on the QuiqNest. LLC. websites.
Trademarks
Not all real estate agents are QuiqNest™.
QuiqNest™ logo are certification marks owned by QuiqNest LLC. The QuiqNest™ trademarks are used to identify real estate services provided by brokers and salespersons who accept and respect a strict Code of Ethics, and are required to meet consistent professional standards of business practice which is the consumer’s assurance of integrity.
MLS®, Multiple Listing Service®, and the associated logos are all registered certification marks are used to identify real estate services provided by brokers and salespersons who are members of the Realtor Association.
Other trademarks used on the QuiqNest website may be owned by real estate boards and other third parties. Nothing contained on this website gives any user the right or license to use any trademark displayed on this website without the express permission of the owner.
Messages Sent via QuiqNest messaging app.
This website and app also allows users to send messages to other persons, including other users and QuiqNest™ members. The user agrees not to use this website to harass or abuse, send spam or other unwanted communications, or send unlawful, libelous, obscene, discriminatory or otherwise objectionable messages including messages that:
(a) infringe, misappropriate or violate any intellectual property or other rights of any third-party;
(b) are defamatory, harmful to minors, obscene or child pornographic;
(c) 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;
(d) are false, misleading or inaccurate;
(e) contain Sensitive Data. For the purposes of these terms for use, “Sensitive Data” means (i) a social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (ii) a credit or debit card number; (iii) employment, financial or health information; (iv) any person’s ethnic or religious affiliation or sexual orientation; (v) account passwords; (vi) any person’s date of birth; (vii) any person’s criminal history; or (viii) the user’s mother’s maiden name.
QUIQNEST is under no obligation to review the content of messages sent through the website but may do so at any time in order to comply with any law, government request, or in the interest of operating the website. QUIQNEST may remove any message and/or terminate, limit or suspend any user’s access to the website for any reason.
The user agrees that QUIQNEST shall have no liability for any damages arising out of the content of any messages sent through this website. Anyone who sends a message agrees to indemnify and hold QUIQNEST harmless from any and all liability, damages or expenses, whatsoever due, arising from, directly or indirectly, any cause of action arising out of that message.
Links to Website
Users may link to the website. However, QUIQNEST reserves the right to refuse a link at any time at QUIQNEST’s sole discretion. The user agrees to remove any link to the website at QUIQNEST’s request.
Links to Third Party Sites
This website may contain hyperlinks to websites operated by parties other than QUIQNEST. Such hyperlinks are provided for the user’s reference only. QUIQNEST does not control such websites and is not responsible for their contents or the privacy or other practices of such websites.
Frames
Users and third parties may not under any circumstance use technology to display the content of QUIQNEST’s websites in a frame or in any other manner that is different from how it would appear if a user typed the URL into the browser line.
Apple
Some versions of this website have been developed using Apple software Users who use such versions of this website are subject to the terms of use available at: https://www.apple.com/legal/macapps/dev/minterms/.
Foreign Currencies
Prices displayed in currencies other than US dollars are calculated using the exchange rates posted by the Bank of Canada. All prices should be independently verified.
Privacy
The user acknowledges that their personal information will be used by the website in accordance with the website privacy policy located at: https://www.QuiqNest.com/privacy-policy.
Liability and Warranty Disclaimer
QUIQNEST makes no representations about the suitability of the data or graphics published on this website. The listing information is deemed reliable, but not guaranteed. Everything on this website is provided “As Is” without warranty of any kind including all implied warranties and conditions of merchantability, fitness for a particular purpose, accuracy, completeness, title and non-infringement. QUIQNEST may remove or change any content on this website for any reason. Neither QUIQNEST nor any of its suppliers shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of the user’s access to or use of this website.
No Waiver
QUIQNEST’s failure or delay to enforce any of the terms and conditions under these Terms of Use shall not operate as a waiver of any of QUIQNEST’s rights or privileges under these Terms of Use.
Termination of Access
QUIQNEST reserves the right, in its sole discretion, to terminate, limit or suspend any user’s access to this website without notice or liability, for any reason whatsoever, including the user’s breach of any of these Terms of Use.
Updates, Upgrades and Revisions
Where the user downloads and installs QUIQNEST mobile applications the user agrees to future updates and upgrades of such mobile applications. User can decline automatic updates and upgrades to mobile applications by changing user settings, for example, in the operating system or app platform, where such settings are available.
QUIQNEST may at any time revise these Terms of Use by updating this posting. All users of this website are bound by these conditions and should therefore periodically visit this page to review any changes to these requirements. The user’s continued use of this website following the posting of any changes constitutes acceptance by the user of such modifications.
Language
If these Terms of Use are translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.
No Assignment
You are not permitted to assign or otherwise transfer partially or totally your rights and obligations under these Terms of Use.
Interpretation
These Terms of Use shall be interpreted without regard to which party drafted these Terms of Use.
Severability
If any of the provisions of these Terms of Use are held invalid or unenforceable, such a finding will not affect the validity of any other provisions of these Terms of Use, unless the invalidity or unenforceability would invalidate the remainder of these Terms of Use.
Entire Agreement
These Terms of Use contain and constitute the entire understanding and agreement between you and QUIQNEST and supersede all previous negotiations, agreements, commitments and writings. You acknowledge that you have not relied on or been induced to enter into these Terms of Use by a representation or warranty other than those expressly set out in these Terms of Use.
Governing Law
These Terms of Use shall be governed by the laws of Florida, USA. The courts in Miami-Dade, Florida, will have exclusive jurisdiction to hear and decide any disputes relating to these Terms of Use.
Affiliate Program
1. Enrollment in the Program
1.1. Affiliate Enrollment: Affiliate agrees to complete the QuiqNest LLC Affiliate Application Form and provide accurate and complete information.
1.2. Acceptance: QuiqNest LLC reserves the right to accept or reject any Affiliate application in its sole discretion.
1.3. Relationship: This Agreement does not create any partnership, joint venture, agency, or employment relationship between QuiqNest LLC and Affiliate.
2. Commissions and Payments
2.1. Commissions: QuiqNest LLC agrees to pay Affiliate commissions based on the terms outlined in the Program. The commission rate and structure will be as set forth in the Program documentation.
2.2. Payment Schedule: Commissions will be paid within 15 days after a new agent referred by the Affiliate fully signs up as a QuiqNest LLC agent and pays the initial fees, provided that the minimum payout threshold of $50 is reached. If the threshold is not met, the commission will roll over to the following payment period.
2.3. Payment Amount:
– For a simple sign-up of a new agent, the payout is $50.
– If the new agent who signed up starts paying after the 2-month trial period, the Affiliate will receive an additional $50.
2.4. Payment Method: All commissions will be paid through PayPal to the PayPal account provided by Affiliate. Affiliate is responsible for providing accurate PayPal account information.
2.5. Currency: Commissions will be paid in US Dollars (USD).
2.6. Tax Obligations: Affiliate is responsible for any taxes associated with the commissions earned and should comply with all applicable tax laws.
3. Commission on Real Estate Sales or Rentals
3.1. If a new agent referred by the Affiliate makes a real estate sale or rental and starts paying marketing fees after the 2-month trial period, the Affiliate will be entitled to a commission equal to 5% of the marketing fees paid by the agent for that real estate sale or rental.
3.2. The commission on marketing fees for real estate sales or rentals will be paid in accordance with the payment schedule outlined in Section 2.
4. Agent Referral Program (For Miami Area Real Estate Agents Only)
4.1. QuiqNest LLC offers an agent referral program exclusively for real estate agents working in the Miami area. Affiliates who bring new agents to QuiqNest can earn the following additional commissions:
– Affiliates will earn 10% of the monthly marketing fee paid by their referred agents.
– The main agent (the one who referred the new agent) will receive an additional 5% from the marketing fee when their referred agents close deals through QuiqNest.
5. Promotion and Marketing
5.1. Compliance: Affiliate agrees to promote QuiqNest LLC’s products and services in a lawful and ethical manner and in compliance with all applicable laws and regulations.
5.2. Branding: Affiliate shall use approved marketing materials and branding provided by QuiqNest LLC and shall not modify or create any materials that may misrepresent QuiqNest LLC or its products and services.
5.3. Termination: QuiqNest LLC reserves the right to terminate this Agreement if Affiliate engages in any unethical or prohibited marketing practices.
6. Termination
6.1. Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party.
6.2. QuiqNest LLC may immediately terminate this Agreement and withhold any unpaid commissions if Affiliate breaches any provision of this Agreement.
7. Confidentiality
7.1. Affiliate agrees to keep confidential all non-public information obtained during the course of the Program, including but not limited to customer information, pricing, and marketing strategies.
8. Program Suspension or Termination
8.1. QuiqNest LLC reserves the right to pause or stop the affiliate program for new agents at any time. In the event of such suspension or termination, QuiqNest LLC will provide notice to Affiliates.
9. Miscellaneous
9.1. Entire Agreement: This Agreement contains the entire understanding between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings.
9.2. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.
9.3. Amendments: This Agreement may only be amended in writing and signed by both parties.
9.4. Assignment: Affiliate may not assign or transfer its rights and obligations under this Agreement without the prior written consent of QuiqNest LLC.
9.5. Survival: Sections 2 (Commissions and Payments), 3 (Commission on Real Estate Sales or Rentals), 4 (Agent Referral Program), 5 (Promotion and Marketing), 6 (Termination), 7 (Confidentiality), 8 (Program Suspension or Termination), and 9 (Miscellaneous) shall survive the termination of this Agreement.
Rewarding Referral Program for Everyone:
At QuiqNest, we’re dedicated to fostering collaboration and supporting the growth of our community. Our referral program isn’t just for realtors referring other realtors; it’s open to the general public as well. Anyone can participate and reap the benefits.
Here’s how it works: When you refer a realtor to QuiqNest, and they become a part of our community, you’ll earn 10% of the monthly marketing fee they pay. But that’s not all – if your referred agents close deals through QuiqNest, the main agent who made the referral will receive an additional 5% from the marketing fee.
This incentivized referral program isn’t just about rewards; it’s about building camaraderie and ensuring that success is something we all share within the QuiqNest family. So, whether you’re a realtor, a friend, or simply someone who believes in what we do, you’re invited to join and benefit from our referral program.