Real Estate Marketing Package

Marketing Services Agreement, Version 1.0, effective on acceptance.

1. Parties. This Marketing Services Agreement (the "Agreement") is entered into between the property owner or authorized representative who accepts it (the "Client") and the following companies (together, the "Companies"): Sell Chicago Properties, MFV RE, LLC, and Omega Business Consulting, LLC. Sell Chicago Properties contracts with the Client and outsources the performance of the work to MFV RE, LLC and Omega Business Consulting, LLC. The Agreement is effective on the date the Client accepts it and the fee is paid.
2. Services. The Companies will provide a real estate marketing package consisting of: (a) a professional photo set for the property using up to forty (40) photos; (b) a dedicated standard static showcase website for the property presenting data and features in a format similar to common real estate platforms; (c) inclusion of property information that is known to the Companies or provided by the Client, including address, price, features, room and lot details, and neighborhood context; (d) search engine optimization of the page on a commercially reasonable, best-effort basis; and (e) monitoring of search tracking for ninety (90) days from launch, with optimization adjustments made approximately every fifteen (15) days solely during that ninety (90) day period.
3. Fee. The fee is One Thousand Five Hundred Dollars ($1,500.00) per property, payable as invoiced before work begins. Because work and third-party costs are committed once a project starts, the fee is non-refundable once production of the photo set or website has begun.
4. Website term and hosting. The showcase website will remain accessible for ninety (90) days as part of the base package. To keep the website live beyond ninety (90) days, the Client must pay a hosting fee of Ninety-Five Dollars ($95.00) per month, billed monthly, up to a maximum total term of three hundred sixty-five (365) days. If hosting is not renewed, the Companies may take the website offline at the end of the then-current paid term. The exact uptime guaranteed is the applicable paid term and no longer.
5. No guarantee of results. The Companies make no representation, warranty, or guarantee of any result. Without limitation, the Companies do not guarantee search rankings, traffic, impressions, clicks, inquiries, leads, offers, a sale, a sale price, timing, financing, or any business or financial outcome. Search engine optimization is provided on a best-effort basis only, and search engines and their algorithms are outside the Companies' control. The only guarantees the Companies make are that the showcase website will remain accessible for the applicable paid term and that the deliverables described in Section 2 will be provided.
6. Client responsibilities and representations. The Client will provide accurate and complete property information and any photos, documents, or materials it wishes to include, and will respond promptly to requests for information. The Client represents and warrants that it owns the property or is authorized to market it, that it owns or has the rights to all materials it provides, and that the listing and all information it provides comply with applicable law, including fair housing, advertising, licensing, and disclosure requirements. The Client is solely responsible for the legality and accuracy of the listing content.
7. License and ownership. The Client grants the Companies a non-exclusive license to use the property information and materials the Client provides for the purpose of performing the Services. The website templates, code, design systems, and tools used to build the showcase website remain the property of the Companies. The Client receives the marketing benefit of the showcase website during the paid term and a copy of the property photos delivered.
8. Not brokerage, legal, tax, or financial services. The Companies are independent contractors. Nothing in this Agreement creates an agency, partnership, employment, or joint-venture relationship between the Client and the Companies. The marketing package is an advertising and presentation service only. It is not real estate brokerage, an appraisal, an offer to buy or sell, a listing agreement, or legal, tax, financial, or investment advice, and it does not establish a fiduciary relationship. The Client should consult its own licensed real estate, legal, tax, and financial professionals.
9. Limitation of liability. To the maximum extent permitted by law, the total aggregate liability of the Companies arising out of or relating to this Agreement will not exceed the fees actually paid by the Client for the package at issue. In no event will the Companies be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost opportunities, or lost data, even if advised of the possibility of such damages.
10. Indemnification. The Client will defend, indemnify, and hold harmless the Companies and their owners, members, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of the Client's property, the listing content, the Client's representations, or the Client's violation of any law or third-party right.
11. Term and termination. This Agreement begins on acceptance and continues through the applicable paid website term. Either party may terminate for material breach if the breach is not cured within ten (10) days of written notice. Fees already earned or committed are non-refundable. Sections that by their nature should survive termination, including Sections 5, 7, 8, 9, 10, and 11, survive.
12. Governing law and venue. This Agreement is governed by the laws of the State of Illinois without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois, for any dispute not otherwise resolved.
13. Dispute resolution. Before filing any action, the parties will attempt in good faith to resolve any dispute informally for at least thirty (30) days after written notice. Any dispute that is not resolved informally will be resolved in the courts identified in Section 12, and each party waives any right to a jury trial to the extent permitted by law.
14. Entire agreement; changes; assignment; severability. This Agreement is the entire agreement between the parties regarding the marketing package and supersedes prior discussions. It may be changed only in a writing accepted by the parties. The Client may not assign it without the Companies' consent; the Companies may assign or subcontract performance, including to MFV RE, LLC and Omega Business Consulting, LLC. If any provision is held unenforceable, the rest remains in effect.
15. Electronic acceptance. The Client agrees that checking the acceptance box, typing the Client's name, and submitting the sign-up form is the Client's electronic signature and creates a binding agreement under the Illinois Uniform Electronic Transactions Act and the federal E-SIGN Act. The Client confirms it has read this Agreement and has authority to accept it.