Thank you for your interest in joining Heroes Housing!

By filling out  this box, I certify that this Agreement has been thoroughly explained to me and I have read all the terms below, and I have had an
opportunity to ask questions about the terms of this Agreement and to review the IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the dates in this form.


Payment Options



 

Parties: In this agreement, the terms “you,” “your,” “yours,” and “Affiliate” refer to
(Name)
with (Company)
and an address of
(Address)
(which is the address to be used for all purposes under this Agreement). The terms “we,” “us,”
“our,” and “ours” refer to Heroes Housing, Incorporated (“Heroes Housing”), a Florida
corporation with its principal place of business at 3902 Henderson Blvd, Tampa, FL 33629.
Background
Heroes Housing mission is to provide extraordinary savings and rewards to heroes who
provide extraordinary services to our nation and its communities every day. Heroes Housing
affiliates with Real Estate Agents, Loan Officers, Builders, and other businesses across the
country who work together to provide these savings and rewards to current and former
Firefighters, Law Enforcement, Military members, Healthcare workers, and teachers (“heroes” or
“hero”) when they buy, sell, build, or refinance a home.
We are a caring community serving those who serve others. Our decisions, behavior, and
actions are guided by the following core values: Driven by Cause, Caring, Do The Right Thing,
Together a Team, Positive, and Committed. We seek out and affiliate with professionals and
businesses who espouse and live by these same principles. Set forth below are terms and
conditions providing the details and obligations of Your participation in the Heroes Housing
Program. Following the provisions set forth below will ensure that heroes have a positive
experience with You and with Heroes Housing. It should be noted that after the closing on their
property, each hero will have an opportunity to rate their experience with Heroes Housing,
including their experience with You. Ensuring every hero has a positive experience is
everyone’s responsibility. Our long-term goal is that heroes become lifelong clients. Your
relationship with the heroes and their families is a key component in achieving that goal. We
need to earn the repeat business of our hero clients by providing them with the best possible
positive experience.
With these goals in mind, the parties agree as follows:
AGREEMENT TERMS
You have applied for membership in the Heroes Housing Affiliate Network, and You agree to

comply with the terms of this Heroes Housing Affiliate Network Real Estate Agent Participation
Agreement (“Agreement”)
Real Estate Agent –
As a Real Estate Agent, You certify that you meet the following Heroes Housing criteria:
✓ You are a Real Estate Agent with a current and valid license to sell real estate in your
state of practice.
✓ You are a full-service Real Estate Agent.
✓ You can provide at least three client references (i.e., the names, contact information,
and authorization to contact them) with whom you’ve worked within the past two years.
✓ Your online client reviews and public internet presence are in keeping with the high
quality and standards required to be a Heroes Housing Affiliate.
✓ You are a member in good standing with your local professional Real Estate
Association.
✓ You are in good standing with the Real Estate licensing authority in your state.
✓ You have acquired and will maintain appropriate insurance coverage including Errors
and Omissions and professional liability insurance.
✓ You are either a broker or are supervised by a broker/manager in your state.
✓ You are a member of the local MLS if one is available.
1. Heroes Housing Obligations.
Heroes Housing will provide Affiliate with:
(a) Logos, graphics and other trademarked materials for your duplication or purchase,
as applicable.
(b) Practical ideas and strategies to help you develop, nurture, and maintain
relationships with heroes in your community.
(c) A welcome on the Heroes Housing blog including a photo and bio.
(d) An optional Heroes Housing, customizatized affiliate web page.
(e) Informative orientation and how-to videos and other presentations and webinars.

2. Affiliate Membership Effective Dates and Package Selection.
2.1 Effective Dates. The effective dates of this Agreement are 1 year from todays date.

 This Agreement will renew automatically each year on the
anniversary of your effective date (“Anniversary Date”), for additional one-year
terms, unless terminated in accordance with section 8 at the price that has been determined for that years renewal.

2.2 Membership . Each registration covers 1 Membership(s), with an option to buy the entire county with 1 per 250k in population for your county.
Heroes Housing memberships are for individual Affiliates only. For multiple
memberships for individuals in the same office, each affiliate must execute a Real
Estate Agent Participation Agreement Addendum.
If monthly payment is selected:
(a) Payment Authorization for Credit Card. You must complete and submit a credit
card recurring charge authorization form through your Affiliate Toolbox. The
first payment will be charged at the time of Agreement execution, and
subsequent payments will be charged on the same day each month thereafter.
(b) No Right to Withhold. You agree that the total fee is owed to Heroes Housing.
You may not withhold payments due to Heroes Housing for any reason, including on
grounds of alleged nonperformance.
(c) Acceleration. If any monthly payment is not paid in full on time when due, the
entire balance will become immediately due and payable.
2.3 Overdue Payment. If You do not pay Heroes Housing on time, Heroes Housing may
at its sole discretion:
(a) immediately terminate your membership for a material breach of this
Agreement, in accordance with Section 8;
(b) pursue collection against You, through litigation or other collection
methods, for all amounts owed under this Agreement, plus all collection
costs, court costs, and attorneys’ fees incurred;
(c) combine any of the above rights and remedies as permitted by law; or
(d) pursue any other right or remedy permitted by law.
3. Party Relationship.
3.1 No Business Entity. This Agreement does not create an agency, joint venture, or
partnership between You and Heroes Housing. Neither party may impose or
create any obligation or responsibility, express or implied, or make any promise, representation, or warranty on behalf of the other party, other than as expressly
provided in this Agreement. Nothing in this Agreement may be construed to make
Your employees or agents the employees or agents of Heroes Housing. Heroes Housing
is not liable to pay wages, insurance, or to assume any other obligation as an employer.
No acts performed or representations, whether oral or written, made by You, with
respect to third parties, shall be binding on Heroes Housing.
3.2 No Franchise. The relationship created by this Agreement does not constitute –
and is not intended to constitute – Heroes Housing granting of a franchise to
Affiliate. No federal, state, or local franchise statute, law, regulation, or rule is
intended by the parties to apply to the parties’ relationship, nor will any such
franchise statute, law, regulation, or rule be considered or construed to apply to the
formation, operation, administration, termination, or expiration, of this Agreement.
You expressly acknowledge that You have not paid, and will not pay, any franchise
fee to Heroes Housing in connection with this Agreement. To the extent
permissible under applicable law, you hereby waive your rights under any
franchise, business opportunity, or similar laws.
3.3 Affiliate Representations Regarding Current Business and Experience. You
recognize that Heroes Housing is relying on your representations in entering into
this Agreement and to fall within the exemptions and exclusions from franchise
registration, disclosure, or relationship laws under the “fractional franchise”
exemption or exemptions from “business opportunity laws,” to the extent necessary
under applicable law. In particular, You make the following representations:
(a) The business to be conducted under this Agreement does not constitute the
starting of a new business. Rather, the business you will conduct under this
Agreement will expand or enhance your current business. You have
determined that the success of your core business is not dependent on the
Heroes Housing Program that you are adding to your current business.
(b) You are experienced and knowledgeable in your existing business and
recognize that any controls or assistance that might be provided to you by
Heroes Housing will relate only to the Heroes Housing portion of your
business and not to the operation of any of your other business activities,
such as your current business.
(c) You expressly acknowledge and understand that the representations you
make in paragraphs 3.1-3.3 of this Agreement are a condition for our
decision to enter into this Agreement and that if the following statements
are not accurate or are not based on your good faith judgment, you will be
in material breach of this Agreement.

3.2 No Franchise. The relationship created by this Agreement does not constitute –
and is not intended to constitute – Heroes Housing granting of a franchise to
Affiliate. No federal, state, or local franchise statute, law, regulation, or rule is
intended by the parties to apply to the parties’ relationship, nor will any such
franchise statute, law, regulation, or rule be considered or construed to apply to the
formation, operation, administration, termination, or expiration, of this Agreement.
You expressly acknowledge that You have not paid, and will not pay, any franchise
fee to Heroes Housing in connection with this Agreement. To the extent
permissible under applicable law, you hereby waive your rights under any
franchise, business opportunity, or similar laws.
3.3 Affiliate Representations Regarding Current Business and Experience. You
recognize that Heroes Housing is relying on your representations in entering into
this Agreement and to fall within the exemptions and exclusions from franchise
registration, disclosure, or relationship laws under the “fractional franchise”
exemption or exemptions from “business opportunity laws,” to the extent necessary
under applicable law. In particular, You make the following representations:
(a) The business to be conducted under this Agreement does not constitute the
starting of a new business. Rather, the business you will conduct under this
Agreement will expand or enhance your current business. You have
determined that the success of your core business is not dependent on the
Heroes Housing Program that you are adding to your current business.
(b) You are experienced and knowledgeable in your existing business and
recognize that any controls or assistance that might be provided to you by
Heroes Housing will relate only to the Heroes Housing portion of your
business and not to the operation of any of your other business activities,
such as your current business.
(c) You expressly acknowledge and understand that the representations you
make in paragraphs 3.1-3.3 of this Agreement are a condition for our
decision to enter into this Agreement and that if the following statements
are not accurate or are not based on your good faith judgment, you will be
in material breach of this Agreement.

4. Affiliate Obligations.
4.1 Ethical Practices. Heroes Housing has built a successful business by honoring
and serving heroes through extraordinary service, savings, and rewards. Heroes
Housing believes that it will continue to grow and become even more successful
without succumbing to legally questionable or unethical demands or practices. You
must conduct Your business in an ethical manner.
4.2 Hero Registration. In order to ensure that all heroes receive the benefits of
working with the Heroes Housing Program, You must offer the Heroes Housing to all
hero clients with which you work, regardless of the source of the client, if the hero was
previously known to you, referred from another source, or obtained through your own
efforts you do not have to register. All hero clients that were referred to you through
Heroes Housings marketing efforts they must be registered through the Heroes Housing
Website to participate in the Program. If the hero did not enter his information directly in
order to be assigned to You through the website, You must ensure that the hero’s name
and information is added to the database through the website when the Hero Disclosure
is completed, as set forth below. Wherever You provide potential hero clients with an
online mechanism to register with the Heroes Housing, through any website or social
media platform or otherwise, You must use your Heroes Housing affiliate web page URL
as the sole link for hero registration. Providing alternative registration constitutes
prohibited competition against the Program as set forth below.

 Notification to Brokers.

You agree to notify Your broker/managers about the
Heroes Housing and to clearly communicate the fees associated with
hero-client transactions as set forth in Section 5 below.

Serving Hero Clients. Heroes registering with Heroes Housing have indicated
an interest in buying, selling, or refinancing a home.

Each hero is assigned to a
specific affiliated real estate agent and/or loan officer. Referring the hero client to
another agent or loan officer is a direct conflict with the Program. When working
with a hero client, You agree not to directly or indirectly promote or influence the
hero to use an alternative agent or mortgage provider.
If you are unable to work with a hero client who registered through Heroes Housing, you
should decline the hero assignment immediately and Heroes Housing will reassign the
hero to another affiliate. If you initially accept a hero assignment or if the hero inquires
about the Program directly to you, but you are unable to serve that hero, you should
contact Heroes Housing for assistance in re-directing the hero. There shall be no referral
fees requested or required among affiliates. You acknowledge that Heroes Housing will
regularly communicate with the hero throughout the home buying/selling or refinancing
process to understand the quality of service provided by You. You understand that
Heroes Housing may reassign a hero to another affiliated agent or loan officer at anytime time for reports of service falling below Heroes Housing’ standards, at the request of the
hero, or at Heroes Housing sole discretion.

 Hero Closing Instructions.
Hero Buyers For buyers obtained by you, you agree to contribute 25% of your
commission towards buyers closing cost and prepaids. Upon successful closing of a
hero buyer’s transaction, You agree to pay 25% of your company’s gross commission on
the hero buyer side of the transaction.
5.2.2 Hero Sellers Upon successful closing of a hero seller’s transaction, Your
company’s gross commission (on the hero side of the transaction) shall be reduced by
25%, as savings to the hero seller at closing.

Indemnification
You agree to defend, indemnify, and hold harmless Heroes Housing and it’s
owners and any of its employees from and against claims, actions or demands,
including without any limitation any legal or accounting fees, made by any third
party allegedly resulting from your actions or inactions under or related to this
Agreement, including but not limited to your material breach of this Agreement.

Suspension and Termination.
Suspension. Heroes Housing may, at its option and sole discretion, suspend your
membership at any time due to Your breach of this Agreement. Heroes Housing
will notify you in writing of your suspension. Suspension of your membership
renders you ineligible to receive any hero assignments and to access Heroes Housing
materials. You must comply with Heroes Housing requested cure of your breach to
return your account to active status.
Termination By Heroes Housing. Heroes Housing may, at its option and sole
discretion, terminate this Agreement at any time due to Your breach of this
Agreement. Heroes Housing will notify you in writing of your termination. If Heroes
Housing opts to terminate your membership mid-term and You elected the upfront
payment option, Heroes Housing will provide a pro-rated refund (calculated by number of
full months remaining in your current annual term). If Heroes Housing opts to terminate
your membership mid-term and You elected the monthly payment option, all fees owed
through the date of termination remain due and payable. By providing your credit or debit
card account information at any time, you authorize Heroes Housing to apply this
method of payment, in accordance with applicable law, to satisfy any and all amounts
due upon Termination.
8.3 Termination By Affiliate. Your membership will renew automatically on your
Anniversary Date, unless you notify Heroes Housing in writing at least thirty (30)
days prior to your Anniversary Date that you do not wish to renew, via e-mail to
Scarlett@heroeshousing.com. Upon receipt of your termination email, Heroes Housing will
immediately suspend your membership account.

Confidential Information

You recognize and agree that you will have access to
and a limited right to use certain intellectual property of Heroes Housing while your
Affiliate membership is active. This includes but is not limited to copyrighted materials,
trade secrets, trademarks, business methods of Heroes Housing, and any other
information that Heroes Housing designates as confidential (“Confidential Information”).
You will only make use of such Confidential Information in the course of your duties as an Affiliate, and for no other purpose whatsoever. You agree not to use Heroes Housing
Confidential Information in a manner that is detrimental to Heroes Housing in any way.

Non-Compete Obligations During the Term of This Agreement. You agree not
to compete with Heroes Housing or its affiliates, directly or indirectly, during your Heroes
Housing membership term.
Heroes Housing markets, advertises, offers, and provides real estate and other
business savings to heroes, as a nationwide company and Program and also through
its local affiliates like You. As a Heroes Housing Affiliate, You will be expected to market,
advertise, offer and provide real estate savings to heroes, through the Heroes Housing
Program, throughout the real estate market area in which You operate (including, but not
limited to, your Promotional Area as set forth below) in accordance with our Program
guidelines.
You hereby certify that neither You nor your applicable supervising company/
office/broker/manager is marketing, advertising, offering or providing real estate savings
to heroes, as of the Effective Date of this Agreement.
Failure to enroll a hero client in the Program, to provide a hero client with the promised
savings, or to report a hero closing to Heroes Housing shall constitute competition with
Heroes Housing and a breach of this provision.

 

Non-Compete Obligations Following Termination of This Agreement.

If this
Agreement is terminated for any reason, You agree that You will not, for a period
of 24 months following the date of the termination, engage in any business activities,
alone or in concert with others, which compete with Heroes Housing or its affiliates in the
market areas in which you operated while this Agreement was in force. For purposes of
this provision, the business activities of Heroes Housing and its affiliates include the
marketing, advertising, offering and/or providing of real estate related hero savings,
directly or indirectly through a program. Competition in violation of this provision
includes, but is not limited to, online advertising of real estate related hero savings which
could reasonably be interpreted to apply to heroes in the market area in which you
operated while this Agreement was in force. You agree that this limitation is reasonable,
and necessary to protect Heroes Housing legitimate business interests.

If Heroes Housing brings an action to enforce the restrictions in Paragraph 9.3, then the
length of the non-compete period shall be extended to 24 months from the date that a
court finds that You are in violation of the provision. This remedy is in addition to any and
all additional remedies available to Heroes Housing for breach of this Agreement.
Although Florida law applies to this section (and this entire Agreement), the restrictions
in this section do not apply to the extent they are inconsistent with applicable state law.
Similarly, if any term, provision, covenant or condition of this section is held by a court of
competent jurisdiction to exceed the limitations permitted by applicable law, as
determined by such court in such action, then the provisions will be deemed reformed to
the maximum less restrictive limitations permitted by applicable law and You hereby
expressly consent to such reformation.

Ownership and Validity of Marks. Heroes Housing owns the registered
trademarks identified in Terms of Use in paragraph. The Marks are proprietary and
at all times remain Heroes Housing property. You acknowledge the validity of the Marks,
as well as Heroes Housing exclusive ownership of the Marks.
10.2 No Infringement. You must not do anything to infringe on, harm, dilute, or contest
the validity of Heroes Housing Marks.
10.3 Affiliate’s Use of Heroes Housing Trademark. You may use the Marks in
connection with your affiliation of the Heroes Housing program provided such
use is consistent with the terms of this Agreement and the Heroes Housing
branding and marketing guidelines. Unless Heroes Housing specifically agrees
otherwise in writing, any such promotion will be nonexclusive and at Your sole
cost and expense.
10.4 Prohibited Uses. You may not use the Marks or any other trademarks owned by
Heroes Housing, including but not limited to any derivative of the phrase “Heroes
Housing,” as part of your business or trade name or as part of any name under which
You conduct business. You may not assign or transfer its right to use the Marks.
10.5 No Grant of Rights in Trademark. Permission to display the Marks, or any other
proprietary word or symbol owned by Heroes Housing is only as stated in paragraph
10.3 above. Nothing in this Agreement grants You any right, title, or interest in the
phrase “Heroes Housing” (either alone or in association with other words, names, or
symbols), or in the corporate names “Heroes Housing” or in any other trademark or
trademarks adopted or owned by Heroes Housing.

Heroes Housing Right to Control and Approve Use.

To help Heroes Housing
protect its trademarks, trade names, corporate slogans, and goodwill, You agree not to
use any of Heroes Housing trademarks, names, slogans, or designations in any
advertising, copy, promotional material, signs, or other written materials except in a form
that Heroes Housing specifically approves in writing.
Heroes Housing may, at any time, request, and You shall promptly deliver to
Heroes Housing, samples, photos or prototypes of any products in order to ensure
the products conform the Heroes Housing specifications and quality control
standards. You agree not to own, administer, manage, or use any websites, website
landing pages, and/or social media sites or pages, that include the words “Heroes
Housing,” or any other program trademark or similar variations thereof, in the
domain or web address name, except for the domain and web page specifically
provided to you by Heroes Housing.
10.7 Mandatory Discontinuation of Use. Upon termination of this Agreement, You
will immediately discontinue (A) your use or display of the Marks and (B) any
representation that states or implies that You are connected with Heroes Housing.
Any hero-targeted materials (including, but not limited to, special URL, team name,
nickname, dba, or other niche marketing designation) used by You during the
course of your Heroes Housing membership must be removed immediately upon
membership termination. You agree that Heroes Housing will suffer irreparable
harm and damages which are difficult to quantify if you should improperly use or
display its Marks and/or improperly represent yourself as being connected to
Heroes Housing.

Terms of Use
You agree to this “Terms of Use” section and agree to continue to be bound by this
section as it may be changed from time to time by Heroes Housing, such changes
to take effect upon notice of the change being given by Heroes Housing.
(a) Website. Heroes Housing operates a Website in conjunction with its business
as a licensed real estate and services company that connects heroes who want to
sell, buy and/or refinance a home with its Affiliates with memberships in active
Status.
(b) Limitation of Liability. The Heroes Housing Website is operated by Heroes Housing.
Heroes Housing and its owners and any of its employees are not liable
for any errors on the site, and are not liable for any communications or interactions
between a Heroes Housing Affiliate and a hero client. Heroes Housing is not
involved in any transaction of property for sale between buyers and sellers. Should
any disputes arise related to your use of the Website or your actions based upon
information contained on the Website, you agree to indemnify and defend Heroes
Housing, its owners and any employees, from any claims or damages. It is the
responsibility of Affiliates to maintain all requirements according to any applicable
Laws.
(c) Web site limitations. Heroes Housing cannot and does not confirm each hero’s
identity. Heroes Housing does not warrant that the Website will operate without
error or that any pages or its server are free of computer viruses or other harmful
devices. Heroes Housing is not responsible for your ability or inability to use the
Web site, and is not responsible for any lost profits or damages resulting from your
use or inability to use the site.
(d) Use. As a condition of your use of the Heroes Housing Website, you agree that
you will not use the Web site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices.
(e) Copyright and Trademark Notices. The contents of the website Heroeshousing.com
and associated marketing assets are Copyright 2018 Heroes Housing, Inc.3903
Henderson Ave Suite 203 Tampa Fl 33613. All rights reserved. Heroes Housing,
HEROES HOUSING, HEROES HOUSING ASSISTANCE, HOTDEALS4HEROES,
HEROES HOUSING FOUNDATION, and the stylized House with Heroes and Flag logo
are trademarks and/or service marks of Heroes Housing,Inc.

Promotional Area. Your market area is the geographic zone in which You promote,
advertise and/or sell your services. Heroes Housing will assign You a certain
Promotional Area, by zip code, within your larger market area.

The area you mark at registration will be your initial assigned area.
The purpose of assigning a Promotional Area is to provide parameters for hero
assignments and brick and mortar hero location visits. Any military base within a
Promotional Area will be available for all Affiliates to visit and promote the Program.
Promotional areas are assigned based on availability, and in accordance with the
population, interest, and demand in a given market. Heroes Housing reserves the right,
in its sole discretion, to modify the assigned Promotional Area at the first Anniversary
Date of this Agreement or at any time thereafter, with prior written notice.
(g) Business Affiliates Program. Adding local businesses to the Heroes Housing
Program is a great way for you to expand your relationship building efforts and provide
more value and savings to heroes. Affiliates serve as some of Heroes Housing greatest
ambassadors by telling local businesses in their networks about the benefits of Heroes
Housing Business Affiliate program. But Heroes Housing also needs to oversee the use
of its brand name.
Therefore, as a Heroes Housing affiliate, you hereby acknowledge that no third party to
this agreement may use Heroes Housing business names, trademarks, and logos,
including Friends of Heroes®, or represent themselves as affiliated with Heroes Housing
or Friends of Heroes, without the express written permission of Heroes Housing or the
third party’s own agreement with Heroes Housing. You also expressly agree that you do
not have the authority to authorize any third party to this agreement to use the Heroes
Housing name or logo in any way. If you become aware of unauthorized use of any of
Heroes Housing trademarks, you agree to notify Heroes Housing promptly.