Here at MyRealtyFlyer, we believe the client is always right... unless they're wrong, or just being a Banana-Head. You
will find yourself relegated to "Banana-Head" status if:
- you use our service to send spam
- you abuse, or misuse, our services, our people, or our resources
- you make rude or outrageous requests/demands
- you engage in unethical or illegal behavior against us or our clients (you'll probably earn a report to TREC and/or NAR for that, too)
- you accuse us (or our clients) of, or report us (or our clients) for, doing something inappropriate falsely or without proof (even if your intentions are good, grow up and talk to us first)
- you rip off our designs, templates, graphics or copy (you know who you are!)
OK, NOW THAT WE'RE FRIENDS...:
If you're taking the time to read this, you're probably not a spammer. But legitimate e-mail marketing companies
get accused of, or reported for, spamming all the time. So let's make sure we're all on the same page, as use of
our services at MyRealtyFlyer constitutes acceptance of these terms and conditions.
More than any other e-mail marketing service, we understand that marketing in the real estate industry is somewhat
different than other industries, because of how client/agent, prospect/agent and broker/agent relationships work.
- If you send an unprompted, proactive e-mail to another Realtor, client, prospect or other recipient, that is
an unsolicited e-mail. Sending one unsolicited e-mail to someone is obviously not spam; it's just
- If you send a reactive e-mail to another Realtor, client, prospect or other recipient--in response to them
contacting you (directly, or indirectly via your farming efforts)--well, that's just responding responsibly.
This is not spam.
- If your broker provides a public or private list of Realtors, independent contractors, and/or staff within your
firm, and allows MyRealtyFlyer to send communication to those individuals, this is not spam. (However, you
do have the right to opt-out at any time.)
- If you send an unprompted, proactive e-mail to an entire list of recipients, and they have no idea who you are,
or how you got their e-mail address, or previously told you not to contact them, yes Virginia, that's spam.
OUR MAILING LIST & YOUR MAILING LIST:
MyRealtyFlyer is unique amongst e-mail marketing companies in that we allow our clients to send their advertisements
to our propriety list of local Realtors and investors. Individuals on our mailing list were added in accordance with
our terms and conditions, and our mailing list is in compliance with the CAN-SPAM Act, the RealTracs (MLS) guidelines
for e-mail marketing, are intended to be TREC-compliant, and comply with other local laws and customs.
However, MyRealtyFlyer also allows our clients to establish their own mailing lists to be used separately, or in
conjunction with, our proprietary list. (Our software does filter out duplicates, but does not co-mingle the
lists.) So if someone receives an e-mail from MyRealtyFlyer, there is a possibility their e-mail address is on (1)
our list, (2) our client's list, or (3) potentially both lists.
To cut down on unwanted/unsolicited e-mails, we enforce the following rules on all of our clients who elect to maintain
a mailing list on our servers:
- Your list must be permission-based, meaning recipients told you it was OK for you to e-mail them.
- Recipients can opt-out at any time, and all opt-outs are honored expeditiously.
- No purchased lists, rented lists, or third-party lists allowed. It better be your list.
If you get an unusual amount of spam complaints or unsubscribe requests (more than 10%), ISPs will begin blocking
future e-mails from you, and potentially MyRealtyFlyer as a whole (obviously this would make us upset). They may also
request that we terminate your account. So if your list is not opt-in/permission-based, don't bother sending it to us
You should only be using MyRealtyFlyer to promote your listings, open house events, builder promotions, and other
real estate-related campaigns.
If you're confused about whether or not your list is "permission-based", or if you'd like some help in getting
the folks in your database to opt-in, we can help you with that for a nominal fee.
We humbly ask (read: require) all of our clients take some time to do the following with their personal mailing lists:
- If you're just getting started and sending your advertisements to an old list, or indivduals in your sphere you haven't
spoken to in a while, you're likely to get reported for spamming. Do everything in your power to remind these people
of who you are and why you're contacting them. Sometimes pre-empting your e-mail marketing with a phone call or a
letter letting them know you'll be e-mailing them soon is a good idea.
- Clean your database up before you export your list and send it to MyRealtyFlyer. Take out old addresses or people you
can't rememember, or whom you know have moved on from the mortal plane. Bad e-mail addresses lead to bounces, and
too many of those will cause ISP's to block MyRealtyFlyer (and you). This is bad ju-ju, so we'll probably shut your
account down if that happens.
- Don't just blindly export every Tom, Dick and Harry in your database. Export them to a spreadsheet, and then take some
quiet time to clean out bad addresses (stuff like sales@amazon, or customerservice@dell, etc.). If you export even
one address by mistake, that recipient can get you blacklisted and shut down.
- Keep your personal database organized, by categorizing your contacts. Many popular database programs like Outlook or
Top Producer, allow you to assign multiple categories to contacts. We advise adding "E-Mail YES" and "E-Mail NO"
(or similar) categories, so you can keep up with people who don't mind you e-mailing them, and those who do.
- Last but not least, if your client, broker, builder or partner is the one "responsible" for the advertisement you're
e-mailing, please let us know. They might be depending on you to be the expert, so they might need a few
pointers about e-mail marketing. When in doubt, ask us. We're here to help!
Clients are not allowed to use MyRealtyFlyer to promote anything illegal, offensive, or potentially harassing.
- Don't send anything you'd be ashamed to show your mother, or your kids.
- No pornography (we know, but we had to say it).
- No campaigns selling illegal services (or substances).
- No campaigns that are ethically questionable.
- No campaigns that violate the FTC's CAN-SPAM Act.
- No campaigns that violate HUD or Fair Housing Laws (which are: race, color, religion, sex, handicap, familial status and national origin... in case you forgot from real estate school).
The following requirements apply to all clients of MyRealtyFlyer:
- You must be at least 18 years of age to use our services, and must be able to form legally binding contracts under United States and Tennessee law.
- You must provide valid contact information prior to our fulfillment of your requested services, including your full name, firm name, address, telephone number and e-mail address.
- In some instances, use of a professional designation (ex. Realtor, GRI, ABR, etc.) must be accompanied by proof that you have obtained that designation and that it is current.
- MyRealtyFlyer reserves the right to refuse service or to terminate accounts for any client, and to change eligibility requirements at any time, in its sole discretion.
FEES, REFUNDS, SUSPENSIONS & MORE:
- MyRealtyFlyer does not provide refunds for unused services that have been pre-paid (even/especially if
we had to close your account for violating these terms).
- MyRealtyFlyer reserves the right to make adjustments to our service pricing, at any time and at our
sole discretion. Active clients will receive an e-mail notification of any such changes.
- Should we deem a client in violation of these terms, we reserve the right to cancel/suspend the
account at will, without refund.
- You agree to pay for all services rendered, even if your e-flyer sent through MyRealtyFlyer is blocked
by any third party (we have no control over your recipients' e-mail servers, ISP availability, personal
spam/junk filter settings, etc.). This includes e-flyers that the client decides not to send, once
MyRealtyFlyer has already designed and developed it.
- Payment for all e-flyer services are due upon receipt of invoice. This includes single ads,
packages, re-sends, etc.
- A client account shall be considered "delinquent" after 30 days of non-payment, as marked by the original
date of invoice.
- If payment is not received by day 60, a $25 late fee, regardless of original invoice amount, will apply.
- If payment is still not received by day 90, an additional $50 late fee will apply, regardless of original invoice amount.
- If, after 120 days, payment has not yet been received in full, MyRealtyFlyer reserves the right to pursue the owed balance
via any and all collection practices approved by law and customary for our state. This can include (although we'd hope
it never came to this) placing a lien upon the advertised property/properties, as well as reporting the client to
applicable regulatory boards.
(Realtors: Keep in mind that stiffing a vendor is an ethics violation according to NAR and can result in
the loss of your license and your NAR affiliation. We're a fair company and we understand the struggles
of living closing-to-closing, so if you need to make payment arrangements, just ask. There's no shame in it.)
- Pre-paid, or "packaged" services (ex. our E-Flyer 5-pack) do not expire until all package quantities have
been used by the client. (See, we told you we were friendly.)
- Clients shall not abuse the discounted "re-send" option made available by MyRealtyFlyer as a courtesy
to our clients. Should you wish to do a re-send of an e-flyer, it must be done within 30 days
of the original e-flyer, and include no more than basic changes, if any (ex. price, open house date,
changing "just listed" to "just reduced", and other slight modifications of that nature, as deemed
such by MyRealtyFlyer).
- If, for any reason, a client's credit card payment fails to go through, we will contact said client
to arrange for an alternate form of payment. We reserve the right to charge a reasonable financial
services fee to cover any fees assessed by our credit card processor for failed transactions.
- If, for any reason, a client's check payment fails to go through, we will contact said client to
arrange for an alternate form of payment. We reserve the right to charge a reasonable financial
services fee to cover any fees assessed by our bank for a failed check deposit.
You agree to indemnify and hold Easy C2C, Inc. (d/b/a MyRealtyFlyer), its parents, subsidiaries, affiliates,
officers, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of our services, use of your account by any third
accounts, of any intellectual property or other right of any person or entity.
The MyRealtyFlyer web site and its contents are provided "as is" and "as available" without any warranty
or representations of any kind, whether expressed or implied. Easy C2C, Inc. is a distributor and not a
publisher of the content supplied by third parties and users of our services; as such Easy C2C, Inc. exercises
no editorial control over such content and makes no warranty or representation as to the accuracy, reliability
or currency of any information, content, service or merchandise provided through or accessible via the site.
Without limiting the foregoing, Easy C2C, Inc. specifically disclaims all warranties and representations as the
publisher of any content transmitted or in connection with the site or on sites that may appear as links on the
site, or as the manufacturer of the products provided as a part of ,or otherwise in connection with, the site,
including without limitation any warranties of merchantability, fitness for a particular purpose or
non-infringement of third party rights. No oral advice or written information given by Easy C2C, Inc. nor any
of its affiliates, employees, officers, directors, agents, or the like shall create a warranty. Price and
availability information is subject to change without notice. All templates, layouts and designs provided by
MyRealtyFlyer for use by our clients remain the intellectual property of Easy C2C, Inc. and may not be copied,
redistributed, reverse-engineered or re-used in any medium without the express written consent of
Easy C2C, Inc. by its officers.
Version 1.0a (January 23rd, 2009)