WAHI PARTNER AGENT PROGRAM

TERMS OF SERVICE

Last updated: July 12, 2023

  

These Terms of Service (as may be amended by Wahi from time to time) (these “Terms”) are entered into between Wahi Ontario Inc. (“Wahi”, “we”, “us”, “our”) and you or the company or legal entity that you represent (as the case may be, “Partner Realtor”, “you” and “your”), and together with: 

 

      1. the electronic application form (the “Application”) to access and use the Services (as defined below);
      2. the Wahi Terms of Use (https://wahi.com/ca/en/terms-of-use) (the “Website Terms of Use”), as may be amended by Wahi from time to time, for Wahi’s website hosted at: https://wahi.com/ca/en (the “Website”); 
      3. Wahi’s privacy policy hosted at: https://wahi.com/ca/en/privacy-policy; and
      4. any other document that Wahi provides to you that expressly forms part of or incorporates by reference these Terms (the “Supplemental Terms”), including supplemental terms that apply to your access or use of a specific product or service, constitutes a binding legal agreement, which applies to your access and use of those portions of the Website, including the Agent HomeHub, from where Wahi may provide you with access to its proprietary customer relationship management and proprietary services that it makes available to licensed realtors (the “Services”).

Please read these Terms carefully, as these Terms govern your access to or use of the Website or Services, and expressly set out your rights and obligations, and our disclaimers and limitations of legal liability, relating to such access or use. 


You acknowledge and agree that we reserve the right, in our sole discretion, to revise and update these Terms from time to time. Any and all such modifications will be effective immediately upon posting and apply to all access to and continued use of the Website and Services. Accordingly, you agree to periodically review these Terms to ensure you are aware of any such modifications and that you understand the terms and conditions that apply to your access to and use of the Website and Services. We will make reasonable efforts to notify you of any material changes to the Terms, including by posting a notice to our website or by sending an email to any address you may have provided to us. By clicking “I agree” to these Terms or by otherwise accessing or using our Website or Services, you accept and agree to be bound by and to comply with these Terms (as may be amended from time to time). If you do not agree to these Terms, you must not access or use any portions of the Website or Services.


By accessing and using this Website or the Services, you represent and warrant to us that you: (i) are the older of: (a) eighteen (18) years of age; or (b) the legal age of majority under applicable law to form a binding contract; (ii) have not previously been suspended by Wahi from the access to or use of the Website or Services (or otherwise had your access to or use of the Website or Services revoked by Wahi); (iii) are able to form a legally binding contract online; and (iv) are duly authorized to bind the company or other legal entity that you represent to these Terms, if you are entering into these Terms on behalf of a corporation or other legal entity.

 

 

  1. Account Registration.
    You understand and agree that a user account (each, a “Account”) may be required for you to access and use the Website and any of the Services. You may register for an Account by completing the Application and following our review and acceptance of your Application, your Account thereafter will be activated. As a condition for the continued activation of your Account, and your continued access and use of the Services and the Website, you must ensure that, at all times while your Account remains active, any information that you provide or have provided in the Application in connection with the creation of your Account (your “Registration Information”) remains true, accurate, current and complete. By registering for and maintaining an Account, you agree:

(i) that we may contact you via voice call, text message and/or email in relation to the Services;
(ii) that you may not impersonate any other person, misrepresent any affiliation, use false information, or otherwise conceal your identity from Wahi for any purpose;
(iii) to treat your username and password as confidential, and that you are solely responsible for maintaining the confidentiality and security of, and will not share with or disclose to any other person, your username, password and Registration Information, and will not share or disclose such information to any other person;
(iv) that you will be fully responsible for all activities that are associated with your Account (including, any use of any Services or any communications made from your Account), whether you or another person performed such activities; and
(v) to notify us immediately if you have reason to believe or otherwise become aware that there has been any unauthorized access to or use of your username, password or Account. We reserve the right, at any time and from time to time, to suspend, disable or terminate your Account, and any of your usernames or passwords, in our sole discretion and for any reason whatsoever, including as a result of your violation of these Terms.

2. Relationships

You and Wahi mutually agree that each of you and Wahi are independent contractors in the performance of each and every part of these Terms. Nothing in these Terms is intended to create or will be construed as creating an employer-employee relationship or any partnership, agency, joint venture, franchise, employment or fiduciary relationship between the parties. Neither party will have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or otherwise bind the other party except as specifically provided herein.

 

3. Obligations, Use of the Service. 

 At all times during which you maintain an active Account or otherwise access or use any of the Services, you agree to:

(i) maintain your real estate license in good standing, in compliance with all applicable real estate laws, including in respect of any required disclosures, documentation and anti-discrimination requirements, and all other applicable professional obligations and responsibilities;

(ii) notify Wahi immediately if your real estate license is terminated or suspended, or, where applicable and in respect of any of your applicable employees or agents who have an active Account, is transferred from your brokerage;

(iii) use the Services in compliance with any and all applicable laws and regulations, and to not use the Services for any illegal purpose, or in violation of any applicable laws and, where applicable, any applicable MLS® rules and regulations;

(iv) use all affiliated real estate board forms, and to offer construction and perform pre-closing activities to the extent required under applicable real estate laws and regulations;

(v) not use, or encourage any other person to use, the Website or Services in a manner that violates infringe upon, misappropriate or otherwise violate the rights of Wahi or any third parties, including any intellectual property rights for which you do not have the requisite authorizations, permits or licenses to use;

(vi) not remove, obscure, or alter any proprietary rights or attribution notices in any content, including any legal notices displayed on, in, or in connection with the Website or Services;

(vii) not post, upload, or distribute any content to the Website or through your use of the Services that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;

(viii) not interfere in any way with any security-related features or safeguards protecting any portions of the Website or Services, or otherwise access any content or data that is not intended for you;

(ix) not interfere with the operation or any other user’s enjoyment of the Services, including by uploading or otherwise disseminating any viruses, adware, spyware, worms, or other malicious code to any portions of the Website, making unsolicited offers or advertisements to other users without their consent or in a manner that otherwise violates any applicable laws (including Canadian anti-spam laws), or attempting to collect personal information about users or third parties without their consent;

(x) not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works of, or in any way exploit any underlying software or services that make up or are otherwise used for the Website or the Services, other than as expressly authorized herein;

(xi) not access, monitor or copy any content or information of the Website or otherwise produced by the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without Wahi’s express prior written permission;

(xii) not sell, sublicense, share or otherwise transfer your Account or any of your access rights granted under these Terms;

(xiii) not reproduce, duplicate, copy, sell or otherwise exploit for any commercial purposes any portions of the Website or the Services, without the express written consent of Wahi;

(xiv) ensure, where applicable, and where any of your agents or employees are licensed to provide real estate services and have an active Account, that such agents and employees comply with the applicable obligations under these Terms; and

(xv) to the extent you provide real estate services through the use of any Services, maintain records, including a record of all communications and correspondence with any client, customer or prospective client or customer, and, upon Wahi’s reasonable written request, provide such records to Wahi where required for Wahi to comply with applicable law and any orders of any governmental or regulatory authority, or any court, tribunal or arbitrator of a competent jurisdiction, including, for illustrative purposes only, the Real Estate Council of Ontario (RECO).

 

4. Wahi Rights in Respect of Feedback and Data.

To the extent that you provide or, where applicable, any of your employees or agents provide, any feedback, comments or suggestions in respect of the performance, functionality, operation, or enhancements in respect of the Services (collectively, “Feedback”), you agree that Wahi will be the sole and exclusive owner of all rights, title and interests in and to any Feedback that is disclosed to it pursuant to these Terms, and you hereby assign any and all rights, title or interests that you may have in or to such Feedback to Wahi. Notwithstanding the foregoing, to the extent that any such Feedback is not assignable or otherwise transferable to Wahi, you hereby grant to Wahi a non-exclusive, perpetual, irrevocable, fully paid-up, royalty-free license to use such Feedback, for any purposes whatsoever. 

 

 

5. Third Party Content and Services.

The Website may contain links to third party websites. Wahi provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Wahi has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and will not be responsible or liable for the legality, accuracy, or appropriateness of any such third party content. Additionally, certain third party products, tools, or other types of services may be made available via the Services. To the extent any such third party products, tools or services are made available, you acknowledge that your use thereof may be subject to the applicable terms and conditions.

6. Complaints Procedures. 
Wahi maintains procedures for the effective consideration and handling of client complaints. To the extent that you have any complaints, we agree that all such complaints will be considered promptly by an appropriate Wahi representative who is not personally involved in the subject matter of the complaint. Where appropriate, the complaint will be passed to Wahi’s Broker of Record. In order to make a complaint, you must submit your complaint to Wahi’s Chief Privacy Officer at privacy@wahi.com, and provide with sufficient and reasonably detailed information such complaint. Following Wahi’s receipt of such complaint, Wahi will endeavor to provide a response for any such complaint within 24 hours of its receipt of such complaint.

7. Intellectual Property
As between you and Wahi, you agree that Wahi is the exclusive owner of all rights, title and interests in and to the Website, Services and any data used therein or therewith. Provided that you maintain an active Account, we hereby grant to you a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. To the extent you provide any Feedback, or post, upload, or distribute any content to the Website or through your use of the Services, you represent and warrant to us that, you have the necessary rights, permits and authorizations to provide such content or Feedback to us and for us to exercise our rights in respect thereof under these Terms. If you believe that or otherwise become aware that any such content or Feedback breaches the foregoing representation and warranty, you will provide prompt written notification to us at agentsupport@wahi.com.

 

8. Protection of Confidential Information.

Each party hereunder agrees not to disclose the other party’s Confidential Information and to protect its confidentiality using at least the same degree of care that party uses to protect its own Confidential Information, which shall under no circumstances be less than a reasonable degree of care, including not disclosing it to a third party unless there is a “need to know,” a “right to know,” and a written obligation by the third party to maintain its confidentiality. “Confidential Information” shall mean any information, written or oral, that relates to either party’s business, products, processes, or services that is designated as confidential or proprietary or that a reasonable party would understand to be confidential or proprietary, but excludes any information:

 

(i) that was already known to the receiving party;

(ii) obtained from public or published information;

(iii) received from a third party not known to be employed or affiliated with the disclosing party; and

(iv) which is or becomes known to the public other than through a breach of these Terms. For greater certainty, any portions of the Website, the Services, and any technical documentation related to the Services, that are not made generally available to the public shall be deemed to be the Confidential Information of Wahi. The obligation for each party to protect the other party’s Confidential Information shall survive the expiration or termination of these Terms and your termination of your Account or any Services or Supplemental Terms.

 

 

9. Indemnification. 

You agree that you will be solely responsible for your use of the Services, and any and all real estate services you provide to your clients or customers through the use of the Services. Accordingly, you agree to defend, indemnify, and hold harmless Wahi from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees and costs), arising out of or in any way connected with:

 

(i) your access to, use of, or alleged use of your Account or the Services;

(ii) your violation of these Terms or any applicable law or regulation;

(iii) your violation of any professional standards, rules or regulations;

(iv) your violation of any third party right, including any publicity, confidentiality, property, or privacy right, or any infringement or misappropriation of any third party’s intellectual property rights; or

(v) any disputes or issues between you and any third party. Wahi reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

 

10. Term and Termination.

If you violate any provision of these Terms, your rights to use the Website, your Account, and the Services will automatically and immediately terminate. To the extent you have registered an Account or have entered into any Supplemental Terms, you may terminate your Account or any such Supplemental Terms upon providing written request to us in respect of any such termination and completing any instructions we may provide to you in our response. If your Account terminates or your rights to use any Services terminates, any information or content previously provided by you to the Website or through your use of the Services will no longer be accessible through your Account.

 

 

11. Non-Solicitation.
To the extent you have registered an Account, for the duration that your Account remains active and for a period of two (2) years after the termination of your Account, Partner Realtor shall not directly or indirectly, on Partner Realtor’s own behalf or in the service or on behalf of others, in any capacity:

 

(i) solicit the business or patronage of any Wahi client or customer for itself or for any other person or entity in competition with the Services;

(ii) divert, entice, or otherwise take away from Wahi the business or patronage of any client or customer of Wahi, or attempt to do so; or

(iii) solicit or induce any customer or client of Wahi to terminate or reduce its relationship with Wahi.

 

 

12. Disclaimers of Warranties.

 The Website and the Services are provided on an “as is” and “as available” basis, without warranty or condition of any kind, either express or implied. Although Wahi seeks to maintain safe, secure, accurate, and well-functioning Services, we cannot guarantee the continuous operation of or access to the Services, and the Services may at times sustain inadvertent technical or factual errors or inaccuracies. In respect of the Website and Services, Wahi specifically (but without limitation) disclaims:

(i) any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, or non-infringement; and

(ii) any warranties arising out of course-of-dealing, usage, or trade. You agree that you assume all risk for, and hereby waive and release Wahi from any/all damages that may result from your use of or access to the Website or Services.

 

 

13. Limitation of Liability.

To the extent permitted under applicable law, in no event will Wahi be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Services however caused, regardless of the theory of liability (contract, tort, or otherwise), whether or not Wahi has been informed of the possibility of such damage. In no event shall Wahi’s total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

 

14. Governing Law.

These Terms and the relationship between you and Wahi are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles. Subject to Section 16, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Wahi agree to submit to the exclusive personal jurisdiction of the provincial courts and federal courts located within the City of Toronto, Ontario, Canada, for the purpose of litigating all such disputes.

 

 

15. Dispute Resolution by Binding Arbitration.

In the interest of resolving disputes between you and Wahi in the most expedient and cost-effective manner, you and Wahi agree to resolve disputes through binding arbitration or, to the extent permitted under applicable law, small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

 

 

16. Modification of the Services.

Wahi reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that Wahi will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services. Your continued access and use of the Services after any such changes will constitute your acceptance of the change.

 

17. Support.

You may contact Wahi during normal business hours at 1-833-924-4929 or agentsupport@wahi.com.

 

 

18. General.

(i) Interpretation.
For purposes of these Terms: (a) the words “include”, “includes”, and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein”, “hereof”, “hereby”, “hereto”, “hereunder” and any substantially similar words refer to thee Terms as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms, the Website Terms of Use and any applicable Supplemental Terms: (x) to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, these Terms, the Website Terms of Use or the applicable Supplemental Terms, as the context requires; and (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. Unless otherwise stated, all dollar amounts referred to in these Terms are stated in Canadian currency.

(ii) Entire Agreement.
These Terms (as defined and set out above), together with the Website Terms of Use, any applicable Supplemental Terms and any exhibits, schedules, attachments, appendices or other documents attached thereto, constitute the entire and exclusive understanding and agreement between you and Wahi regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.

(iii) Priority.

To the extent there is any conflict or inconsistency between the provisions of these Terms, the Website Terms of Use or any applicable Supplemental Terms, the conflict or inconsistency will be resolved in the following descending order of priority: (a) these Terms (highest priority); (b) the applicable Supplemental Terms; and (c) the Website Terms of Use (lowest priority).

(iv) No Waiver.

The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

(v) Assignment.

You may not assign either these Terms or any of your rights or obligations hereunder without the prior written consent of Wahi. Wahi shall have the right to freely assign either these Terms or any of its rights, interests, or obligations hereunder. Subject to the preceding sentences, these Terms shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.

(vi) Paragraph Headers.
Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

(vii) Severability.

In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

(viii) Notice.

Any written notice or demand required by these Terms shall be sent by electronic mail to Wahi at agentsupport@wahi.com and to you at the email address associated with your Account. The notice shall be effective as of the date of delivery, provided the sending party does not receive a notice of non-delivery.

SUPPLEMENTAL TERMS –
WAHI REFERRAL SERVICES

 

These Supplemental Terms (these “Supplemental Terms”) apply to and govern Wahi’s provision of its “Wahi Referral Services” (the “Wahi Referral Services”), and the Wahi Partner Agent Program Terms of Service (the “Terms”) are hereby incorporated by reference. Capitalized terms that are used, but not defined, in these Supplemental Terms will have the meanings given to them as set out under the Terms or, where such terms are not defined under the Terms, such terms will have the generally accepted industry or technical meaning given to such terms.

 

1. Referral.
As a part of the Wahi Referral Services, Wahi may introduce you to a prospective purchaser or seller of residential real estate property (each, a “Referral”), who is:

 

(i) an existing client or customer of Wahi, whether in respect of a particular real estate property or more generally; or

(ii) not an existing client or customer of Wahi, but has expressed interest for Wahi to be a representative for the purchase or sell a residential real estate property or otherwise in relation to real estate property, and, in either case, has been referred to you by us or an authorized and licensed Wahi realtor. For greater certainty, such Referrals may include, without limitation, any person, company or other entity (including a spouse, common law partner, or the immediate family member of any such person or such person’s spouse or common law partner, or any business partner of any such person, company or other entity). You agree that nothing under the Terms or these Supplemental Terms, or otherwise in relation to the Wahi Referral Services, requires or imposes any obligation on Wahi to provide any Referrals to you, and that any Referrals introduced to you by Wahi will be at Wahi’s sole discretion.

 

2. Scope of Access.

Subject to your compliance with the Terms and Section 4 of these Supplemental Terms and your maintenance of an active Account, Wahi hereby grants you a non-exclusive, non-transferable, revocable right to access and use the Wahi Referral Services in accordance with the terms and conditions of the Terms (including, in respect of the Wahi Referral Services, the obligations set out in Section 3 of the Terms) and these Supplemental Terms.

 

3. Marketing and Promotional Materials.

In relation to the Wahi Referral Services:

 

(i) you hereby grant to us a non-exclusive, irrevocable, perpetual, royalty-free, fully paid-up, non-sublicensable, non-transferable (except to the extent permitted under Section 18(v) of the Terms) right and license to collect and aggregated information and data on any Transactions or any other transactions in which you represented a customer or client in the purchase or sale of any residential real estate property, whether through your use of the Services or from other sources, for the purpose of marketing or promoting you on the Website in relation to the Wahi Referral Services; and
(ii) you hereby grant to us a non-exclusive, royalty-free, non-sublicensable, non-transferable license to use your trademarks, trade dress, brand names, logos, corporate names, domain names, or other similar designations of source, association or origin, for the purpose of marketing and promoting you in connection with the Wahi Referral Services.

 

Without limiting any of the your other representations and warranties set out under the Terms, you represent and warrant to us that, in respect of the foregoing, you have the necessary rights, permits and authorizations to grant the foregoing rights and licenses, and for us to exercise and use such rights and licenses as set out above.

 

 

4. Your Obligations re Wahi Referral Services.

At all times during which you maintain an active Account or use the Wahi Referral Services, you will:

 

(i) as a condition to using the Wahi Referral Services, except to the extent that Wahi has expressly permitted otherwise, use, and only use, the Website to:

(a) communicate with Referrals;
(b) book property viewings for or on behalf of Referrals; and
(c) prepare offers on properties for Referrals;

(ii) not transfer or other redirect any Referrals to any other person, or otherwise earn any commissions, fees or other valuable consideration from any other person in respect of any such Referrals, without Wahi’s express prior written consent;

(iii) to the extent you provide any real estate services to any Referrals, provide such real estate services in a manner that is in compliance with any applicable real estate laws and regulations, and any professional rules, standards and regulations;

(iv) notify Wahi’s Broker of Record of any concerns with a Referral;

(v) comply with, and ensure that any related real estate services that you provide with the Wahi Referral Services, complies with the terms and conditions set out in Appendix I (Service Delivery Standards) to these Supplemental Terms;

(vi) periodically, and no less than once per month, review your details and information in respect of real estate transactions in the “Agent Home Hub” portions of the Website to confirm that such details and information remains true, accurate, current and complete;

(vii) notify us if any of your details or information in respect of real estate transactions in the “Agent Home Hub” portions of the Website are not true, accurate, current or complete, and provide corrections for any such details or information; and

(viii) ensure, where applicable, and where any of your agents or employees are licensed to provide real estate services, have an active Account and are using the Wahi Referral Services, that such agents and employees comply with the applicable obligations under these Supplemental Terms.

 

5.  Wahi Rights re Referrals.
Wahi reserves the right to transfer a Referral from you to another Wahi-approved partner realtor:

(i) upon the written request from a Referral to Wahi; or

(ii) upon the conclusion or the renewal of a Referral representation agreement where the Referral has decided to enter into a new representation with another partner realtor or to not extend the applicable representation agreement, provided, in each case, that Wahi notifies you of any such request or Referral decision, and upon your receipt of any such notice, you will promptly thereafter release your representation of such Referral to the extent requested by such Referral.

 

6. Specific Terms Relating to Referrals.
You acknowledge and agree that:

(i) Wahi will endeavour to deliver any material notices regarding Referrals to you within a reasonable period of time following Wahi’s receipt thereof; and

(ii) you must ensure that all Referrals are handled by you or, where applicable, one of your suitably trained and licensed employees or agents, in either case, in a professional and expeditious manner and otherwise in compliance applicable real estate laws. 

 

7. Referral Fees, Payment.
 Subject to your maintenance of an active Account and in consideration for your use of the Wahi Referral Services, where Wahi has introduced a Referral to you and upon your closing of a transaction involving a residential real estate property for or on behalf of such Referral in compliance with applicable real estate laws and regulations (each, a “Transaction”), to the extent permitted under, and otherwise in compliance with, all applicable laws and regulations, Wahi may charge you and you will pay the applicable referral fee (each, a “Referral Fee”) for the closing of such Transaction in accordance with Appendix II (Affiliate Commission Schedule) to these Supplemental Terms. In the event of an expiration, termination or suspension of the Terms, your Account, or any of the Services, to the extent any Referrals were introduced to you prior to termination or suspension thereof, your obligations under this Section 6, including your obligation to pay the applicable Referral Fee, will survive the any such expiration, termination or suspension. For information regarding the Referral Fee applicable in your area please contact Wahi at 1-833-924-4929 or agentsupport@wahi.com. In respect of any Referrals that Wahi introduces to you, and any prospective Transaction relating therewith, you shall provide details and information on any such prospective Transactions to or through the Website, and will ensure that, at all times, such details and information are true, accurate, current and complete.

 

 To the extent that any of your payments of any Referral Fees to Wahi fails or results in Wahi incurring or sustaining any additional expenses or fees (e.g. legal fees or expenses), Wahi reserves the right to charge you a reasonable administration costs for any additional efforts that may be required by Wahi in respect of the foregoing.

 

 

8. Taxes.
All fees payable by you under these Supplemental Terms are exclusive of taxes and similar assessments. Without limiting the foregoing, you are responsible for all HST, goods and services tax, provincial tax, service, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by a governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Wahi’s income.

 

 

9. Non-Solicitation.
For the avoidance of doubt, you agree that the terms and conditions set out in Section 11 of the Terms will apply to any Referrals that Wahi introduces to you in connection with the Wahi Referral Services.

 

 

 

Appendix I

Partner Realtor

Service Delivery Standards

 

 

1. For Buyers 

    • Consult with the client(s) and obtain required agency and FINTRAC paperwork;
    • Attending every showing and providing assistance to any property specific questions;
    • Present and negotiate the offer with the listing agent while providing advice to the client;
    • Attend any required home inspections and appraisals;
    • Assist with getting the keys to the clients as needed;
    • Notify Wahi of a firm deal by email within 24 hours of a firm agreement of purchase and sale, and include at minimum an Agreement of Purchase and Sale clearly showing the sold price, property address, and closing date;
    • Payment of the applicable Referral Fee is due to Wahi within 5 days of receipt of funds when you represent the buyer


2. For Sellers

    • Notify Wahi of a firm deal by email within 24 hours of a firm agreement of purchase and sale, and include at minimum an Agreement of Purchase and Sale clearly showing the sold price, property address, and closing date;
    • Notify Wahi of all conditional and firm offers on the property within 24 hours of a firm agreement of purchase and sale;
    • Payment of the applicable Referral Fee is due to Wahi within 10 business days of closing when you represent the seller

Appendix II

Affiliate Commission Schedule

 

I. Upon the closing of any Transaction involving a Referral, 

 

a. where you have not previously represented such Referral on a completed purchase or sale of residential real property during the five (5) year period preceding the date on which Wahi introduced you to such Referral, you will pay Wahi a Referral Fee of 0.5% (one half of one percent) of the sold price of the real property transacted, had such transaction been concluded at an arm’s length; or

b. where you have previously represented such Referral on a completed purchase or sale of residential real property during the five (5) year period preceding the date on which Wahi introduced you to such Referral and can prove such representation with substantiated evidence, you will pay Wahi a Referral Fee of 0.25% (one quarter of one percent) of the sold price of the real property transacted, had such transaction been concluded at an arm’s length.


II. The Referral Fees payable are for all Transactions involving a Referral, regardless of when they occur; there is no expiration. 

III. Negotiating commission and/or cashback to clients or customers will be your sole responsibility; and you agree that commission may not be increased after a representation agreement with a Referral has been signed.