Terms and Conditions for Affiliates

The following Terms and Conditions operates in conjunctions with the company’s Privacy Policy which can be found in the footer of this site. 

 

[1] Program Eligibility: The f8 Affiliate Program is available to any professional photographer who is legally eligible to work in the United States and who has the required equipment, experience and aptitude to perform the services offered by f8 Real Estate Media (“f8”). Registered Affiliates are required to operate as separate entities that conduct business with f8 in their capacity as independent contractors on a work for hire basis. As such, Affiliates are required to provide their own equipment, transportation and work attire. They are further required to carry vehicle and general liability insurance for their business, and to name f8 as an additional insured party on their general liability insurance policy. 

 

[2] Background Checks: f8 reserves the right to perform background checks on prospective Affiliates to ascertain the Affiliate’s ability to perform the services required in accordance with all applicable laws. 

 

[3] Third Party Services: Affiliates are encouraged to build their own business in the real estate industry, and to supplement their work in the real estate industry with other lines of business including event photography, portrait photography, wedding photography, product photography, retail/restaurant openings, etc. 

 

[4] Referral Program: f8 operates a referral program for services it does not offer including but not limited to event photography, portrait photography, wedding photography, product photography and retail/restaurant openings. When clients request such services, f8 will make every reasonable effort to refer those clients to Affiliates who are qualified to provide those services according to the Affiliate’s profile settings and interest level. Projects referred to the Affiliate are the sole responsibility of the Affiliate including capture and delivery of the media directly to the client. Compensation will be paid directly from the client to the Affiliate and f8 is not responsible for remuneration for services referred in this way. Also, f8 does not charge the Affiliate a referral fee for these referrals. Affiliates are authorized to communicate directly with the client for purposes of the referred services, but otherwise the non-solicitation provisions outlined in the Terms and Conditions apply with respect to services that f8 does offer. 

 

[5] Access to Educational Materials: f8 makes training materials freely available to Affiliates to enhance their skills to perform services for f8 in a more efficient manner with more desirable results. The learnings enabled by these training materials can be applied to the Affiliate’s work performed for other media services providers or for the Affiliate’s own clients to improve their overall skill levels. 

 

[6] Equipment Requirements: Affiliates are required to purchase and maintain their own separate equipment. This equipment must meet the minimum standard required to perform the services that are offered by f8. For example, to provide aerial photography services, the Affiliate must have a drone that meets the minimum requirements of the service specifications for that service. All equipment must be monitored and maintained according to industry best practices and manufacturer instructions to ensure the best performance of the equipment. 

 

[7] Certification Requirements: Affiliates are required to become certified for the services they perform. Certification involves demonstrating the capabilities to perform a service according to the best standard industry practices. The certification process includes reviewing training materials, performing tests of the service and evaluation of the Affiliate’s results by f8 staff. Job Orders for services requiring certification will not be offered to Affiliates who are not certified for those services.  

 

[8] Entity Requirements: Affiliates are required to state the entity type that applies to their business: Individual, Sole Proprietor, Partnership, LLC or Corporation. This designation is made in the Affiliate’s profile in the Affiliate portal. 

 

[9] Insurance Requirements: Affiliates are required to provide for their own insurance, including but not limited to the following types of insurance. Affiliates certify that they have active, unexpired insurance policies in place while performing services for f8. For general liability insurance specifically, Affiliates are required to furnish f8 with an Acord Certificate that names f8 Real Estate Media as an additional insured party. 

  • Motor Vehicle Insurance according to local statutes 

  • General Liability Insurance

  • Unmanned Aerial Vehicle (“Drone”) Insurance (only if providing aerial services)

  • Equipment Insurance (optional)

 

[10] Affiliate Profile: Affiliates are required to keep certain fields updated in their Affiliate Profile which can be accessed in the Affiliate Portal. Required fields are First Name, Last Name, Email Address, Phone Number, Business Address, Emergency Contact Name, Emergency Contact Phone Number and Entity Type. Optional fields include Business Name, Bio, Additional Services I Provide (for Referral Program), Links to Affiliate’s Business Websites and Equipment Inventory (for Certification). 

 

[11] Work for Hire: Any and all ideas, proposals, plans, creations, intellectual property, works of authorship, and other contributions, specifically including photographic images, videos, sounds, data, illustrations, drawings and/or other content in any format or medium now existing, or created in the future, provided by Affiliates to f8 pursuant to the terms of the Independent Contractor Agreement signed by the Affiliate (herein collectively referred to as “Creations”), whether or not copyrighted or copyrightable, conceived, made, developed, created or acquired by Contractor, either individually or jointly, and which relate in any manner to the Services (whether developed at f8 facilities, at Contractor’s home or principal place of business, or elsewhere), shall be deemed to be a work made for hire, owned by f8 in perpetuity at no further cost or expense to f8, and Contractor shall not have an ownership interest in such Creations. To the extent that this provision does not effectively transfer such rights, Contractor does hereby sell, assign, and transfer to f8 and/or its members, partners, owners, agents, clients and employees, Contractor’s entire right, title and interest (worldwide) in and to such Creations and all intellectual property rights thereto, and/or grants to f8 a worldwide irrevocable, non-exclusive, assignable, royalty-free license for use of the Creations in all form of media including: digital and print marketing, advertising of real property for sale or lease; websites and/or other forms of social media used in any capacity by f8, or its members, partners, owners, agents, clients and employees; any Multiple Listing Service (“MLS”) and/or derivative postings and websites which have legal authorization from the MLS to republish or reproduce those sounds and/or images; digital and print image advertising and marketing, including but not limited to articles/blogs of third parties for the promotion of f8 or its members, partners, owners, agents, clients and employees; advertising of “sold” real property; and gifts of images and/or sounds to third party owners whose properties the images and sounds were taken. Contractor also grants f8 the right, but not the obligation, to use Contractor’s name, voice, photograph and likeness in connection with and related to the Services. Contractor shall have no right or interest in, or permission to use the f8 logo and/or any other intellectual property associated with f8.

 

[12] Independent Contractor Agreement: It is f8’s and Contractor’s intent that at all times Contractor shall be acting and performing services as an independent contractor. The Independent Contractor Agreement between the Affiliate and f8 shall not be construed to create between Contractor and f8 an employment relationship, or the relationship of joint venturers, partners, or any other similar relationship, the existence of which is hereby expressly denied by each party. Except as f8 may expressly authorize in writing, Affiliates shall not have any authority to bind f8, and f8 shall not be liable to any third party in any way for any engagement, obligation, contract, representation or transaction of Contractor.  Contractor is an independent contractor engaged in Contractor’s own and entirely separate business. 

 

[13] Non Disclosure Agreement: Affiliates are required to execute a Non Disclosure Agreement that protects f8’s intellectual property, trade practices and trade secrets from being disclosed to any third parties. Affiliates must maintain in confidence and will not disclose, disseminate or use any Confidential Information belonging to f8, whether or not in written form. 

 

[14] Non Solicitation: While Affiliates are encouraged to build their own business in the real estate industry, Affiliates are prohibited from soliciting business from clients who are introduced to the Affiliate by f8 via a Job Order for services offered by f8. All communications between Affiliates and clients outside the appointment window for the Job Order must be facilitated by f8. 

 

[15] Control Over Time: Affiliates maintain absolute control over their time and have unlimited autonomy to determine their availability for services offered by f8. This means that Affiliates can communicate their lack of availability to f8, and they have sole discretion to accept or decline Job Orders that are offered to them. 

 

[16] Job Orders: Job Orders are offered to Affiliates in an Appointment Request that is delivered by email and via the f8 Mobile app. The Appointment Request provides the unique terms for the Job Order along with the details required to perform the service including the client name, date, time, location, access instructions, appointment instructions, services to be performed and compensation for the services (“Payout”). The Job Order contains terms and conditions specific to the service being performed and Affiliates are encouraged to review this information carefully prior to accepting the Job Order. Affiliates can accept or decline individual Job Orders at their sole discretion. Once a Job Order is accepted, Affiliates are expected to arrive on time for the appointment, behave courteously and professionally, and to perform the services to the best of their ability.

[17] Travel and Other Surcharges: Unless notified otherwise, travel compensation will not be applied to the order. For appointments located 45 minutes to one hour of drive time (one way) from f8’s nearest affiliated service provider, standard travel compensation will be applied. For appointments located more than one hour of drive time (one way) from f8’s nearest Affiliated service provider, long distance travel compensation will be applied.

[18] Calendar Sharing: f8 facilitates calendar sharing in its system that enables Affiliates to grant access to their personal calendars for scheduling purposes, and to make it more convenient to populate f8 Job Orders onto the Affiliate’s personal calendar. Affiliates can revoke access to their personal calendars at any time. 

 

[19] SMS Notifications: f8 has incorporated Short Message Service (SMS) into its notification system. Commonly referred to as text messages, f8 will send Client SMS notifications including but not limited to the following: Appointment Requests and Appointment Reminders. By opting in to the SMS Notifications program when you register or by updating your profile to opt in to SMS notifications, you agree to receive automated transactional notifications. Message and Data rates may apply. Reply STOP in your text application to stop receiving messages. You can unsubscribe at any time by updating your profile.

 

[20] Mobile App: We have created a mobile application (“f8 Mobile”) that provides for many of the same functionality that can be found in our web application. The mobile application uses the same login credentials and user interfaces from the web application and can therefore be considered an extension of the web application and these Terms of Service extend to the mobile application. 

 

[21] Performance of Services: Affiliates are required to perform the services according to the specifications required for each specific service as described in the certification process. The service applies only to the subject property in the order and does not include off site locations and nearby amenities. f8’s services do, however, include common area amenities for Planned Unit Developments (PUDs) subject to gaining access to these amenities that must be facilitated by the client. Affiliates are expected to provide service with the property in its “As Is” condition at the time of the appointment. Client is responsible for completely preparing the home for the service(s) prior to the start time of the appointment. Client agrees not to schedule other vendors to be present while Provider is scheduled to provide services. Affiliates should not include images of people, pets or animals in the performance of services. If the property is not completely ready for the services, or if there are material obstacles to providing services, or if unsafe conditions prevent the Affiliate from servicing the property, f8, at its sole discretion, will either service all or part of the home in its “As Is” condition on a best efforts basis, or cancel the appointment at f8’s sole discretion subject to all applicable cancellation policies. 

 

[22] Delivery of Media: In order to deliver to the client on a timely basis, all media is due two (2) hours after the end of your last appointment performed for f8 of the day. If the service is a Twilight Photography order, upload the media from daytime orders prior to the Twilight appointment if there is a gap of at least two hours between the end of your last daytime appointment and the Twilight Photography appointment. 

 

[23] Affiliate Portal: Media is delivered into a software platform (“Affiliate Portal”) and this software platform may be modified or replaced without notice. Any information inputted by Affiliates into systems supplied by f8 are not warranted to be saved or managed, and may not be retrievable if a system is replaced. Registered Affiliates can access the Affiliate Portal at affiliate.f8re.com to deliver media to f8 and to manage their Affiliate profile. 

 

[24] f8 Stock Terms: f8 Stock is a repository of photos of landmarks, destinations, signage, downtowns and other well-known amenities that can be found in a local community. From time to time, f8 will offer a Job Order to capture stock images in a location that is desired in the f8 Stock repository. Due to the unpredictable nature of stock photography, Affiliates create these stock images on a speculative basis. When the stock images are offered to f8 for review, f8 will make a determination as to the desirability and merchandising potential for the images, and will compensate the Affiliate only for the images that are purchased. Images that are purchased from the Affiliate become the sole property of f8 and are subject to the same Work for Hire provisions described herein. f8 agrees not to use images that are not purchased from Affiliates in its f8 Stock repository. Affiliates are free to sell or dispose of images not purchased by f8 in any manner whatsoever.

 

[25] Payments: Payments for services rendered by affiliated contractor vendors are generated on a weekly basis via ACH or physical check on Mondays for the prior week (Monday through Sunday). Payments and funds availability may be delayed due to federal holidays and other holidays observed by financial institutions (“bank holidays”). f8 is not responsible for delays and holds on funds instituted by third party financial institutions. If directed by a valid government agency to withhold funds from the payments, f8 will comply with the order and communicate the withholding status clearly and promptly to the affected Affiliate. 

 

[26] Incidents: If Affiliates encounter any problems or difficulties while performing the service, or if a client or their representative have requested you to perform services outside the scope of the services in the Job Order, contact f8 right away. If there was any sort of confrontation experienced while performing the service, contact f8 right away whether the confrontation was with a client, tenant, owner, property manager, neighbor, etc. If there has been any property damage, whether it involves the subject property, the HOA’s property, the tenant or owner’s property, the client’s property or the Affiliate’s own property, contact f8 right away. If faced with an emergency situation, contact 911 first, then contact f8 when it is safe to do so.

 

[27] Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws provisions. ANY AND ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN CONTRACTOR AND F8 (INCLUDING ITS MEMBERS, PARTNERS, OWNERS, EMPLOYEES, CONSULTANTS, ATTORNEYS, SUCCESSORS, HEIRS, AND ASSIGNS) THAT ARISE OUT OF, OR ARE RELATED IN ANY WAY TO THE AGREEMENT AND/OR CONTRACTOR’S PERFORMANCE OF THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and survives the termination of the Agreement. Any dispute shall be addressed in the following manner: first, through good-faith negotiation between the parties; second, through a voluntary mediation paid for by f8 and administered by a mediator approved by the parties; and third, if still not resolved, by final, binding and confidential arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules & Mediation Procedures then in effect. Copies of these rules are available at https://www.adr.org. The AAA’s rules will govern the amount and allocation of fees for the arbitration. The arbitration will take place in (1) San Jose, California, (2) if Contractor elects, in the county in which Contractor performed the Services at the time that the dispute arose, or (3) at another location agreed to by the parties or if the parties cannot agree, at a location designated by the arbitrator as a location convenient to both parties. f8 will pay any costs that are unique to the arbitration process, including fees for the arbitrator’s time and use of an arbitration forum. Contractor will pay any costs required to pay under the AAA rules that would be imposed in a judicial forum, but in no event shall the AAA filing fee that Contractor is responsible for paying exceed the filing fees that Contractor would have paid if the Contractor had filed a complaint in court. Both parties are responsible for retaining their own attorneys. The arbitrator shall have authority to award monetary damages and any and all other individualized remedies that would be available in court, and the arbitrator’s decision of whether or not to award such damages and remedies shall be based on the statute or common law upon which the arbitrated claim(s) is/are based. The arbitrator shall have authority to award to the prevailing party reasonable costs and attorneys’ fees incurred in either bringing or defending an action under this Agreement, to the extent such costs or fees would be recoverable under the law or statute giving rise to the claim(s) arbitrated. The arbitrator will issue a written decision that memorializes the essential findings of fact and law and the conclusions upon which the arbitrator’s decision and the award, if any, are based. As part of the arbitration, the parties will have the opportunity for reasonable discovery of relevant non-privileged information. The arbitrator, in his or her sole discretion, may permit any discovery necessary to allow either party to have a fair opportunity to pursue that party’s claims and defenses. ANY AND ALL CLAIMS IN ARBITRATION SHALL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS OR COLLECTIVE BASIS. The arbitrator shall not preside over, any form of class or collective proceeding. Neither Contractor nor f8 may seek, nor may the arbitrator award, any relief that is not individualized to the claimant, or that affects other contractors. Notwithstanding any other provision of this Arbitration Agreement, the scope, applicability, enforceability, revocability or validity of this section may be resolved only by a court of competent jurisdiction and not by an arbitrator. If a court decides that applicable law does not permit the enforcement of any of this section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. F8 AND CONTRACTOR EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL, AND AGREE THAT THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING ON BOTH PARTIES. CONTRACTOR AND F8 UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS MUTUAL ARBITRATION AGREEMENT, INCLUDING ITS WAIVER OF JURY TRIALS AND CLASS/REPRESENTATIVE ACTIONS.

 

 

[28] COVID-19 Terms: If residential real estate has been deemed an essential service in the area where the service is to be performed, f8 may offer Affiliates Job Orders in those areas. If you do not feel comfortable performing a Job Order due to concerns about COVID-19, please decline the Job Order as soon as possible. If you feel ill, have come into contact with someone who is ill, or think you might become ill, please decline a Job Order as soon as possible. By clicking Accept in this Job Order, you agree to agree to hold f8 Real Estate Media LLC harmless in the event that you become infected with the COVID-19 virus as a result of performing services, and you agree to adhere to the COVID-19 Preventive Measures Guidelines provided by f8 Real Estate Media and by the Centers for Disease Control: https://www.cdc.gov/coronavirus/2019-nCoV/index.html

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