CREA Global Terms of Use

You agree to be bound by these terms for use and agree that they constitute a binding contract (“Agreement”) between the you and The Canadian Real Estate Association (CREA), which is a federally incorporated not-for-profit corporation located at 200 Catherine Street, 6th floor, Ottawa Ontario, K2P 2K9.

Global Affiliate-specific Terms

Global Affiliates

1.  By applying to become a Global Affiliate of CREA you certify that you are a member in good standing of a real estate organization outside of Canada, such as the National Association of REALTORS®, FIABCI or AREAA.

2.  You agree to be bound by CREA’s By-Laws, Rules and Policies as applicable and the terms of use of all websites, and any amendments that may be made from time to time, and programs operated by CREA to which you are granted access.

3.  You agree to comply with all federal and provincial legislation in your dealings with REALTOR® members in Canada, including provincial/territorial real estate licensing legislation and Canada’s Anti-Spam Legislation.

Global Affiliate Benefits

4.  Once your application has been processed you will be:

1. Deemed a Global Affiliate of CREA;
2. Authorized to promote yourself as a Global Affiliate of CREA;
3. Authorized to use the CREA Global Affiliate badges and banners available on the password protection section of the CREA Global website, www.creaglobal.ca (hereinafter the “Website”);
4. Able to participate in the CREA Global Facebook Group; and;
5. Granted limited access to the password protected section of the Website.;

5.  A completed copy of this Agreement will be provided to you once your application has been processed by CREA with instructions on how to access the password protected section of the Website.

Term

6.  Your Global Affiliate subscription will last for (1) one year from the date CREA communicates to you that your subscription is effective.

7.  Your Global Affiliate subscription will automatically renew unless this Agreement is terminated or cancelled as provided for herein.

 Payment of Fees and Renewals

8.  To obtain your Global Affiliate subscription you agree to pay CREA any subscription fee indicated upon sign up of your subscription plus applicable taxes. ALL FEES ARE IN U.S DOLLARS AND ARE NON-REFUNDABLE.

9.  If you register for a trial Global Affiliate subscription (i.e. with a valid promo-code) for a reduced first year, your  subscription will auto-renew at the full rate for the next billing cycle.

10.  For details regarding your specific subscription fee you may visit the Website and click “Manage Account”.

11.  You will be automatically charged a subscription fee ever year upon the anniversary of the date of this Agreement unless this Agreement is terminated or cancelled as provided for herein. It is your obligation to notify CREA of any changes to your payment information.

12.  CREA reserves the right to increase the subscription fee at any time. CREA will communicate any fee increase to you sixty (60) days prior to the renewal of the current term to the email address you have provided in your application.

Suspension, Cancellation and Termination

11.  You may terminate (i.e. cancel) this Agreement at any time by cancelling your Global Affiliate subscription by visiting the Website, clicking “Manage Account”, accessing the e-commerce platform indicated (e.g. PayPal) and following the instructions to cancel the auto-recurring feature prior to the annual billing date indicated.  Otherwise the non-refundable annual subscription fee for the next billing cycle will be billed to your payment method.

12.  CREA may terminate this Agreement immediately and without liability:

1. If you breach any of the terms in this Agreement, CREA’s By-Laws, Rules or Policies;
2. If you are not a member in good standing of a real estate organization outside of Canada;
3. You fail to pay any subscription fee;
4. If CREA eliminates the Global Affiliate program; or
5. If, in CREA’s sole determination, you commit an act that contravenes any law (for example, you violate Canada’s Anti-Spam legislation) or is unethical or dishonest.

13.  CREA may suspend your access to the password-protection section of the Website at any time, including for your actual or threatened breach of this Agreement.

14.  CREA will endeavor, but is not required to, communicate notice of the termination of your Global Affiliate subscription or the suspension of your Website access to the email address you have provided in your application.

Privacy/Use of Information/Messages

15.  You agree that CREA may publish your name, email address, and phone number, as well as any other information you provide CREA such as a picture, in an electronic directory that will be available to all CREA members and other Global Affiliates. CREA members and Global Affiliates may decide to contact you directly using any contact information published in this directory.

16.  CREA may also provide you with the ability to send messages to CREA members and other Global Affiliates through CREA’s Global Directory. Likewise, where this functionality is available, other CREA members and other Global Affiliates may send you messages in this manner.

17.  You agree not to use CREA’s Global Directory to harass or abuse, send spam or other unwanted communications, or send unlawful, libelous, obscene, discriminatory or otherwise objectionable messages including messages that:

1. infringe, misappropriate or violate any intellectual property or other rights of any third-party;
2. are defamatory, harmful to minors, obscene or child pornographic;
3. 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; or are false, misleading or inaccurate.

18.  CREA is under no obligation to review the content of messages sent through CREA’s Global Directory, but may do so at any time in order to comply with any law, government request, or in the interest of operating the systems. CREA may remove or block any message for any reason.

19.  CREA is not liable for any messages or communications that you receive from, or send to, CREA members or Global Affiliates.

Use of CREA Global Affiliate Badges and Banners

20.  CREA grants to you a non-exclusive, non-transferable, non-sublicensable license to use the CREA Global Affiliate badges and banners which can be downloaded from the password protection section of the Website.

21.  Any use of the badges and banners under this Agreement shall be subject to the same terms and conditions governing the use of CREA’s marks found in CREA’s By-Laws, Rules, Policies, manuals and other guidance documents as amended from time to time. You hereby agree to comply with all such terms and conditions.

22.  You agree to only use the badges and banners in this form and not to crop, distort, alter, expand on, combine the badges and banners with other words or designs.

23.  You expressly agree that if it at any time you cease to be a Global Affiliate in good standing of CREA, or if this Agreement is for any reason terminated, you will immediately eliminate the CREA Global badges and banners from all business, promotional, or other material and will take all other reasonable action deemed by CREA to be necessary or appropriate to assure that the public is not misled with respect to your affiliate subscription in CREA.

24.  You acknowledge and agree that you are not permitted to use or display any of CREA’s other trademarks, including but not limited to: CREA, REALTOR Link®, REALTOR®, REALTORS®, MLS®, Multiple Listing Service®, DDF® or related logos.

Use of CREA Global Facebook Group

25.  You agree not to post anything in the CREA Global Facebook Group that:

• Could be considered offensive or inappropriate;
• Are not relevant to the post they are responding to;
• Consist purely commercial endorsements, including spam;
• Infringe upon legal rights of CREA’s or others arising from any source, including statutory, common law or contractual rights

26.  You agree that CREA, as the administrator of the Facebook Group, has the right to delete any of your comments or posts if it determines, in its sole discretion, that the comments or posts do not comply with this Agreement or the terms of use on Facebook.

27.  You agree that CREA may also remove you from the CREA Global Facebook Group if you do not comply with this Agreement, the Facebook terms of use, or if this Agreement is terminated for any reason.

CREA Global  Website-specific Terms

Copyright

28.  The Website is a copyright-protected work which is owned by CREA. The contents of the Website are intended for the private, non-commercial use by individuals. Any commercial use of the Website, in whole or in part, directly or indirectly, is specifically forbidden except with the prior written authority of CREA.

Links

29.  You may link to the Website. However, CREA reserves the right to refuse a link at any time at CREA’s sole discretion. You agree to remove any link to the Website at CREA’s request. The link must result in a new, fully functional, full screen browser window occupied solely by the pages created by the Website.

Universal Terms Applicable to Global Affiliates and Website Users

Trademarks

30.  Not all real estate agents are REALTORS®. REALTOR®, REALTORS® and the REALTOR® logo are certification marks owned by REALTOR® Canada Inc., a corporation jointly owned by the National Association of REALTORS® and CREA. The REALTOR® trademarks are used to identify real estate services provided by brokers and salespersons who are members of CREA and 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 owned by CREA and are used to identify real estate services provided by brokers and salespersons who are members of CREA. Other trademarks used on the CREA websites may be owned by real estate boards and other third parties. Nothing contained on the Website gives any user the right or license to use any trademark displayed on the Website without the express permission of the owner.

Privacy

31.  You acknowledge that any personal information you provide to CREA will be used in accordance with CREA’s privacy policy located at: https://www.crea.ca/privacy/

Indemnification

32.  You agree to indemnify and hold CREA harmless from any and all liability, damages or expenses, whatsoever due, arising from, directly or indirectly, any cause of action arising out of your use of the CREA Global Directory or contravention of this Agreement.

Liability and Warranty Disclaimer

33.  You agree that your Global Affiliate subscription is provided “As Is” without warranty of any kind    including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. CREA shall not be liable for any direct, incidental, consequential, indirect or   punitive damages arising out of your Global Affiliate subscription.

34.  CREA makes no representations about the suitability of the data or graphics published on the Website. The information on this Website 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, title and non-infringement. CREA may remove or   change any content on this Website for any reason. Neither CREA nor any of its suppliers shall be liable   for any direct, incidental, consequential, indirect or punitive damages arising out of the your access to or   use of the Website.

Waiver

35.  CREA’s failure or delay to enforce any of the terms and conditions under this Agreement shall not operate as a waiver of any of CREA’s rights or privileges under these terms of this Agreement.

No Assignment

36.  You are not permitted to assign or otherwise transfer partially or totally your rights and obligations under this Agreement.

Updates and Revisions

37.  CREA may at any time revise this Agreement. You should therefore periodically review the terms of this Agreement, available at creaglobal.ca , to review any revisions. By maintaining your Global Affiliate subscription or by continued use of the Website, you agree to any revisions.

 Language

38.  If this Agreement is translated into a language other than English and there are conflicts between the translations, the English version shall prevail and control.

Interpretation

39. This Agreement shall be interpreted without regard to which party drafted this Agreement.

Severability

40. If any of the provisions of this Agreement are held invalid or unenforceable, such a finding will not affect the validity of any other provisions of this Agreement, unless the invalidity or unenforceability would invalidate the remainder of this Agreement.

Entire Agreement

41.  This Agreement contains and constitutes the entire understanding and Agreement between the Parties and supersedes all previous negotiations, agreements, commitments and writings. Each Party acknowledges that it has not relied on or been induced to enter into this Agreement by a representation or warranty other than those expressly set out in this Agreement.

Governing Law

42.  This Agreement shall be governed by the laws of Ontario, Canada. The courts in Ottawa, Ontario, will have exclusive jurisdiction to hear and decide any disputes relating to this Agreement.

As of October 2020