Locator Internet Data Exchange (“Locator IDX”) allows apartment locating professionals to integrate apartment listings on their own website. A Subscriber may license certain data from Rental Advisors, LLP (“Rental Advisors”) with a monthly subscription.
LICENSE GRANTED by Rental Advisors
Rental Advisors shall make the Locator IDX available to the Subscriber and its authorized contractors. Rental Advisors shall update the Locator IDX on a daily basis. Format and composition of the Locator IDX, as well as the frequency the data is updated, is subject to change with 30 days’ notice to the Subscriber. Rental Advisors shall use reasonable efforts to collect data and add newly constructed properties into the Locator IDX but Rental Advisors cannot guarantee the property will grant permission to publish in the Locator IDX. Rental Advisors grants Subscriber a limited, non-exclusive, non-transferable, non-sublicensable, revocable (pursuant to the terms of this Agreement), license to integrate all Locator IDX products on one (1) domain. The Subscriber is permitted to publish and display all apartment listings included in the Subscriber’s market on their own website to clients and potential clients. No other rights to the Locator IDX are granted and all other rights not mentioned in this Agreement are expressly reserved unless Rental Advisors provides Subscriber written permission.
Subscriber may not use the Locator IDX data on multiple websites without written permission. Subscriber and its authorized contractors agree not to copy, scrape, save, or republish any of our property images. Subscriber is permitted to display our property images by referencing the photo gallery URL. Image file names are not included in the Locator IDX and permission to use our property images in any other format than the photo gallery must be negotiated under a separate contract.
Subscriber agrees to take full responsibility for the actions of its contractors. Subscriber and its authorized contractors agree not to disseminate, distribute, sell, sublicense, or otherwise make available all or any portion of the data included in the Locator IDX, in any form, including without limitation, database, bulk, aggregate or other forms, to any third party. Subscriber and its authorized contractors shall not copy, alter, display, perform, modify, and/or translate the data or use all or any portion of the Locator IDX data for a purpose other than publishing apartment listings on one (1) domain as permitted explicitly by this license.
LOGOS AND MARKS
Both parties may use the approved logo of the other party and denote the other party as a partner on each party’s corporate website. Subscriber may upload their logo for the purpose of branding to the Locator IDX. The parties represent they will make no attempt to claim ownership or title to the other party’s Marks and will not apply for registration of any trademark, service mark, business name, domain name or other designation which would be confusingly similar to the other party’s Marks.
Both parties are obligated to keep confidential, including without limitation party’s business or activities that is proprietary and confidential, which shall include all business, financial, technical, marketing, lead generation, trade secrets, software, source code, database schema, object code, specifications, documentation, business plans, customer lists and customer-related information, financial information, proposals, budgets as well as results of testing and benchmarking of either party’s software or services, product roadmap, data and other information.
In exchange for Rental Advisors providing the Locator IDX, the Subscriber shall pay Rental Advisors a monthly recurring fee. Payment is due every thirty (30) days by credit or debit card, processed by our credit card processor. The monthly fee is subject to change with 90 days’ notice to the Subscriber. For clarity, the monthly recurring fee is due even if Subscriber ceases to actually utilize the Locator IDX data or if the Subscriber or its contractors disable, discontinue, or delete the Locator IDX data from Subscribers website. The credit card processing company will attempt to process Subscriber’s monthly fee three (3) times before terminating the Locator IDX for non-payment. Upon termination, Subscriber has five (5) business days to submit payment before this Agreement and your Locator IDX is cancelled. If cancelled, a new Agreement will need to be negotiated and signed to purchase a new Locator IDX and Subscriber will need to reinstall at its own cost.
TERM AND TERMINATION
This Agreement will start on the Effective Date and automatically renew every thirty (30) days until the Agreement is terminated by the Subscriber in writing to Rental Advisors or Locator IDX account settings prior to the next billing date. In addition, a written notice of termination may be delivered to either party, if the other party fails to perform or observe any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of breach from the non-breaching party. Upon expiration or termination of this Agreement for any reason, Rental Advisors shall immediately cease providing the Locator IDX and Subscriber is required to remove the Locator IDX from their domain within five (7) business days.
There are no refunds unless Rental Advisors fails to produce the Locator IDX data or fails to grant access to the Locator IDX data to the Subscriber. If the Subscriber never implements the Locator IDX or the data is disabled, discontinued, or deleted intentionally or on accident by the Subscriber or its contractors, all payments are forfeited.