Please note: e-MailAdvantage.com is not affiliated with or endorsed by the National Association of REALTORS® or any local REALTOR® association.
TERMS OF USE
SERVICES DEFINED:
e-MailAdvantage.com provides an e-Flyer creation and distribution service for real estate professionals so they may make other real estate professionals aware of their listings or other offerings.
Customers are paying e-MailAdvantage.com a fee for e-Flyer design and distribution, and are authorizing e-MailAdvantage.com to distribute their e-Flyer via e-mail to other real estate professionals. Customers further authorize e-MailAdvantage.com to distribute their e-Flyers again, from time to time, at no additional charge, with or without notice and to place their e-fliers on our web site as a sample should we wish. Customers warrant that any images provided to e-MailAdvantage are the intellectual property of customer, and agree to indemnify and defend e-MailAdvantage.com in the event any third party makes a claim that images were the intellectual property of third party and used without authorization. This indemnification includes any images which appear in an MLS listing provided to us for the purpose of using images appearing in the MLS links as images of the property in customer's e-flier.
e-MailAdvantage.com prices for e-flier design design are discounted with the understanding and agreement that e-MailAdvantage.com owns the copyright to the design layout and HTML code and for all e-fliers produced and that e-MailAdvantage.com will be the sole and exclusive distributor of customer e-mail advertisements we produce. In the event an e-flier designed by e-MailAdvantage.com is distributed via e-mail by customer, or another third party authorized by customer or customer's representative, customer agrees to pay e-MailAdvantage.com $500 for design services per e-Flier sent, in addition to any amount previously paid related to the e-Flier in question.
PAYMENT
Credit card payment may be ssubmitted online via PayPal to joez@e-mailadvantage.com or processed over the phone by calling (702) 340-0799.
Once work has begun to produce an e-Flyer, payment for the e-flyer creation fee is non-refundable. Refunds will be issued for the portion of your payment representing distribution fees. Please see Customer Responsibilities and Refunds for additional info.
In the event e-MailAdvantage.com does work for a customer in advance of receiving payment and submits an invoice, customer agrees to pay said invoice within 15 days of receipt. After the 15 day grace period, customer will be charged a late fee of $25 plus 18% interest on the outstanding balance per anum.
Credit Card Disputes
Sometimes customers don't recognize charges on their credit card statements and
dispute them by accident. Charges from e-MailAdvantage.com will appear as
"PayPal (EMAILADVANT). We understand how this can happen and will
notify you should we receive notice of a dispute for services we performed to
market your listing on your behalf. Upon identifying the validity of the
charge, you agree to immediately call your credit card company and to cancel the
dispute. In the event a customer disputes a valid charge for services
performed and money is returned for the customer for those services, Customer
agrees to provide payment via money order, mailed to our mailing address within
48 hours of being notified by e-MailAdvantage.com of said circumstance. In
the event customer does not return funds to e-MailAdvantage.com within 10
business days, customer agrees to pay a late fee equal to $25 per day for every
day starting with the date funds were first withdrawn from our account and
returned to customer. Customer also agrees to pay all court costs and
related fees, including travel expenses and time at a rate of $200 per hour
should a representative of e-MailAdvantage.com need to file suit against you in
your local small claims court.
EMAIL LISTS
Real estate professionals who wish not to receive future e-mails through e-MailAdvantage.com
may "opt out" from receiving future e-mails (See SPAM COMPLIANCE,
below, for details) by clicking on the Opt Out link at the bottom of every e-Flyer sent. In the event of
technical difficulty, they may contact us directly
at joez@e-mailadvantage.com,
send a FAX to (702) 565-6307 or they may call us directly at (702)
340-0799. It is our sincere intent to remove anyone from our lists who does
not want to receive e-mails from our customers.
All registered users of e-MailAdvantage.com agree to receive
e-Flyers
from other members using our service.
If a registered e-MailAdvantage.com user "opts out" from receiving e-Flyers from other e-MailAdvantage users, their account will be suspended and they will be unable to use this service until they again "opt in" to receive e-mails from other users. If a user "opts out" more than twice, their account may be permanently suspended.
SPAM COMPLIANCE.
It is E-MailAdvantage.com's sincere intent to remove anyone from our
list who does not wish to receive e-Mails from our customers. Real estate professionals should feel 100%
confident that their request to be removed from our list will NOT cause them
to receive e-mail from anyone else.
Title Companies, Real Estate Schools, Mortgage Brokers, Sign Post Companies,
etc. who send e-Flyers through our service have a separate list with
separate remove function. By having separate lists for each business, agents may opt out of one or
more business lists
without having to remove themselves from receiving Listing e-Fliers.
The name, phone number, and physical address of the
real estate professional or business who
is sending an e-mail through our service is provided at the bottom of each
e-Flyer.
Each e-mail sent through
our service begins with the MLS Area # of the property or the Community Name
where said property is located with a brief description of the property
or information being shared. This is provided in the subject line so
real estate professionals may quickly, at a glance, determine which e-mails might be
relevant to their business so they may open and read them, while quickly
deleting any e-mails they deem not relevant. When e-flyers are sent
for real estate related businesses, their e-mail subject lines contain a
clear and precise message regarding the content of their emails so real
estate professionals may again, at a glance, determine an e-flyers relevance
before opening an e-flyer.
While e-MailAdvantage maintains an e-mail database of
real estate professionals, it is the
responsibility of the Member to verify use of this database conforms with
local, state and national laws regarding sending unsolicited e-mail and that such use does not
violate the Articles or Bylaws of your Local or National Association of
REALTORS®.
In consideration of using our service,
you hereby agree to indemnify, defend
and hold harmless e-MailAdvantage.com from any action or consequence arising
from the use of this service.
While e-MailAdvantage does
its best to maintain an accurate database of e-mail addresses, we can not
guarantee delivery of e-Fliers to the addresses in our lists. This is
because individual settings may block e-mails or sort them into a folder
other than the "inbox" and we have no way of controlling those
individual settings. It is also possible that some ISPs will block
e-mail they consider to be SPAM. We, unfortunately, have no control over any
steps ISP's may take to block our e-mail.
In consideration of using our service, you hereby agree to indemnify, defend and hold harmless e-MailAdvantage.com from any action or consequence arising from the use of this service.
CUSTOMER RESPONSIBILITIES AND REFUND POLICY
e-MailAdvantage.com will use the information provided in the e-Flyer order form to produce an e-Flyer Proof. A link to the proof will be e-mailed to the customer for review. The customer will either approve the proof, at which time the e-Flyer will be scheduled for distribution, or will reply with corrections to be made. If corrections are required during the proofing process, another proof will be prepared and e-mailed to the customer for approval or changes. Once an e-Flyer has been approved by a customer it will be scheduled for distribution.
Excessive Changes: The proofing process should be used for making corrections, not for countless revisions to the content of the proof. Customers are recommended to carefully review their proof and respond with all changes they see, and not send one change at a time after each proof. Each customer will have the opportunity to receive 4 proofs without additional charge, however, if changes are still necessary after the 4th proof has been sent, a $5 change fee will be assessed for each additional proof required.
Errors Discovered After Approval: e-MailAdvantage.com's proofing process in place to catch errors before e-flyers are distributed. It is the customer's responsibility to carefully review their proof(s) and test all links before providing their approval. If an e-flyer is approved and distributed with an error that could have been caught by the customer during the proofing process e-MailAdvantage.com will not distribute the e-flyer again for free. In the event customer has provided an image file to be converted for e-flyer distribution, and an error is discovered in the image file provided by customer, e-MailAdvantage.com will be unable to make a correction to text because text is part of the image and unable to be modified in html, instead we will need to receive a corrected image file and receive payment for another e-flyer format fee for having to create another e-flyer with corrected art. In the event an e-flyer is approved and queued for distribution and an error is discovered BEFORE the e-flyer is distributed, there will be a $5 fee charged to re-que the e-flyer for distribution. This nominal amount is charged to compensate for time spent, removing the old e-flyer from the mailer engine and rescheduling the corrected e-flyer for distribution.
It is the customer's responsibility to check both their regular and "bulk mail" or "SPAM" folders for proofs and to respond to proofs in a timely manner. In the event a deadline is missed because the customer did not promptly reply to a proof there shall be no refunds given.
If a customer does not respond to a proof within 5 days from when the proof was e-mailed, no refunds shall be given.
In the event a customer cancels their e-Flyer within the first hour after placing their order and before an e-Flyer Designer has begun to work on it, e-MailAdvantage.com, at its sole discretion, may issue a full refund of the amount paid for the e-Flyer.
In the event a customer cancels their e-Flyer after an e-Flyer Designer has begun to work on it, but before a proof has been sent, e-MailAdvantage.com, at its sole discretion, may issue a partial refund for an amount deemed appropriate by e-MailAdvantage.com.
In the event a customer cancels their e-Flyer after a proof has been sent but before distribution, e-MailAdvantage.com may, at its sole discretion, provide a refund of $9.95 representing the unused cost of distribution for a new e-Flyer.
MLS Links
For the purpose of convenience, Joseph Zyskowski of Liberty Realty may provide MLS links for customers who are members of the Greater Las Vegas Association of REALTORS® which are hyper linked to the ML number of Customer's listings. When these links are opened, the names Liberty Realty and Joseph Zyskowski will appear at the bottom of the MLS views. This appears because Joseph Zyskowski prepared the links and is a function of MLXchange. Joseph Zyskowski provides this service as a free convenience for customers in Las Vegas. If a customer wishes to have their own name and brokerage name appear at the bottom of their links, they must add those links to their e-Flyer order form, however, listing agents need to be aware that their expiration date will also appear under the listing date if they prepare this report themselves.
Customers outside of Las Vegas must always provide MLS links if they want them included.
These Terms of Use may be modified at any time, without notice. It is the customers responsibility to check the Terms of Use section of e-MailAdvantage.com on a regular basis so they are aware of any changes that have been made.
In consideration of using our service you agree to all of the above Terms of Use.