RER Network Team Member Agreement
Terms & Conditions of Use

This Agreement is designed to protect you, your Agency, fellow RER Network Members and RER Network itself. Whilst employed or contracted by your Agency (an RER Network Member) you hereby acknowledge, agree and commit to the following:

  • To help you build a strong network of peers, you acknowledge and are happy to have your name and details listed on the RER Network Member Website Directory.
  • You acknowledge that data from time to time will be collected and collated for the purposes of benchmarking, results tracking and marketing. Such information is the property of RER Network and may be used as RERN see fit to further improve the results of the Network.
  • Your right to use Real Estate Results Network Systems, Tools and Programs only ever exists whilst you are an employee (or contractor) of your Agency and while your Agency is a Real Estate Results Network Member. You understand this information is solely being provided to assist you in being even more effective and successful in your real estate career and role.
  • All of the Confidential Information (or Intellectual Property) provided to you is the property of RER Network and is commercially sensitive. You understand that if you breach your obligations regarding this Confidential Information, e.g., you break any of the agreements you’re making here, it may cause financial harm and commercial disadvantage to RER Network and its Members.
  • You will only use the Confidential Information provided by RERN to successfully complete your role for your Agency.
  • You will not disclose this information to any third party. You will not copy, reproduce or reverse engineer any of the Confidential Information. You also agree that if RERN or your Agency requests it, you will return all RERN Confidential Information – copies of it, print outs, any notes, summaries, evaluations, studies or other material prepared by you which relates to any Confidential Information.
  • You understand that the RERN Online System has been designed for your sole use and benefit as a valuable team member being employed or contracted by an RERN Member.
  • The RERN Online System has download limits and if exceeded, the system will lock you out. A reset from RER Network Support will be needed.
  • You understand this agreement will stand even after if you stop working with your Agency and in fact, continues as long as the Confidential Information or any part of it is still treated as Confidential by RERN. You agree it’s up to RERN to say what is or isn’t confidential.
  • You acknowledge that RERN has no liability, direct or indirect for any loss or damage suffered by you in connection with any use of or you relying on the Confidential Information.
  • You understand that if you use the Confidential Information in any way other than what you’ve agreed here, ultimately for anything other than your role at your Agency, you indemnify RERN, i.e. you exclude RERN from any liability, damage, loss, expense or legal costs incurred with the use of that Information.
  • You acknowledge RERN has considerable goodwill in developing and promoting RERN and the RERN System. You agree then, RERN is entitled to protect that goodwill for its own and its Member’s benefit by restricting you ability to potentially damage that goodwill and/or compete with RERN. I acknowledge that each of the agreements made here are fair and reasonable and no greater than necessary to protect this goodwill.
  • These agreements apply to you acting alone or in partnership or association with another person; as principal, agent, representative, director, officer, employee or contractor; as a member, shareholder, debenture holder, note holder or holder of any other security; or as trustee of or as a consultant or adviser to any person.
  • A It is your and RERN’s intention, that all combinations of the restrictions in points 12 and 13 shall apply and be enforceable. The only circumstance where these would no longer apply is if a Court determined that any agreement here is an unreasonable restraint of trade on you. Further, this agreement represents the full and complete understanding between you and RER Network and you agree it shall be governed by the relevant laws of Australia.

DEFINITIONS AND INTERPRETATION

The terms used in this Agreement will have the following meanings unless the contrary intention appears:

“Business” means the real estate agency business owned, managed and conducted by the RER Network Member
“RERN Online System” means all computer software, applications, programs and technology platforms developed, owned, used or licensed by RERN in the RERN System including the following:

an electronic copy of all source codes in respect of such web applications, computer software, computer programs and technology platforms; any hard copies and electronic copies of manuals in relation to such web applications, computer software, computer programs and technology platforms; the hardware locks used in connection with the registration or use of such web applications, computer software, computer programs and technology platforms; user instructions, technical literature and all other related materials in eye readable form and all modifications and additions and revisions thereto in relation to such web applications, computer software, computer programs and technology platforms; and those delivered by the internet.

“Confidential Information” means any and all intellectual property including ideas, concepts, data, information, documents, systems, strategies, lists, marketing, promotional and advertising plans, budgets, manuals and trade secrets, of a confidential nature in connection with or relating in any way to RERN or the RERN System and includes, without limitation, all or any one or more of the following:

the contents of this Agreement; any information and documents containing details and/or lists of suppliers to RERN or the Business and/or price lists of such suppliers; the RERN Online System; any information maintained in or in connection with any online or database operated by RERN or any Member; any information or database of a confidential nature of any Member; any confidential information or documentation about the contents of any training programs or training materials or any coaching programs or coaching materials used in any training or coaching proposed or undertaken by or for RERN relating to any training or coaching of the RER Network Member or any employee or other Member; the methodology, affairs and procedures arising from or in connection with the RERN System; all information concerning the existing and future business of RERN; and the Intellectual Property.

“Copyright” means all RERN’s rights of ownership in or use of the Confidential Information and all material supplied by RERN to the Confidant.
“Directory” means the Online or Manual Directory the Network.
“Disclose” includes but is not limited to:-

  • any form of verbal, written and electronic communication of any of the Confidential Information to any person;
  • providing an electronic disc containing any of the Confidential Information to any person; and
  • providing a hard/physical copy or electronic copy of the Confidential Information to any person.

“Employment Agreement” means the agreement (whether verbal or written) between the RERN Member and the Confidant for the Confidant to be employed by the RERN Member in the conduct of the Business.
“Future Rights” means all rights of intellectual property which may in the future be developed for use in the RERN System.
“Intellectual Property” means any or all of the intellectual property rights in connection with the RERN System including, without limitation, any one or more of:

the Marks; the Name; the Copyright; any patent including any applications for the registration of patents; any designs registered or unregistered including any application for the registration of any such designs; the Confidential Information; any applications developed for mobile platforms; the Website; the Future Rights.

“Marks” means all registered or unregistered trademarks, business or service names, icons, logos, devices, symbols and legends which may be notified by, added to, varied or substituted by RERN.
“Member” means an entity that owns a real estate agency business that has entered into a membership agreement with RERN and such membership agreement has not been terminated.
“Membership Agreement” means an agreement specifying the rights and obligations of a Member.
“Member’s Primary Marketing Area” means that area designated as the Primary Marketing Area of a Member as stipulated in the relevant membership agreement between RERN and such Member and whether entered into before or after this Agreement.
“Name” means the name or names (if any) notified by RERN and includes any domain name used by RERN to identify itself or the RERN System on the internet and under which RERN conducts the RERN System and those which may be added to, varied or substituted to by RERN.
“Network” means the Network of Members appointed to and using the RER Network System..
“Primary Marketing Area” means the areas within the postcodes as follows:
“Real Estate Activity” means the marketing, advertising, listing, prospecting, finding and selling of real estate.
“RERN Member” or “RER Network Member” means the persons or entity who owns the Business appointed by RERN to a dedicated Primary Marketing Area and who is a Member.
“RER Network” or “RERN” means the company, organisation and trust that holds intellectual property, manages Network Membership and has appointed an RER Network Member
“RERN System” or “RER Network System” means the business systems or use of such business systems under a licence granted by RERN including provision through the internet and otherwise of online topics, video, audio and other tools, dialogues, letters, forms, strategies, workshops, conferences and training programs and all other systems, products and services developed by RERN for use by Members.
“Website” means the internet websites and applications of RERN.

Interpretation

When interpreting this Agreement: the singular includes plural and vice versa; a reference to a person includes a corporation, trust, association, joint venture, partnership, any authority, and other legal entity, and where necessary, a successor body; a reference to statute includes a statute amending, consolidating, or replacing the statute referred to and all regulations, order-in-council, rules, by-laws and ordinances made under that statute; a reference to a section of a statute or term defined in a statute refers to corresponding sections or defined terms in amended, consolidated or replacement statutes; reference to legal fees includes legal fees on a solicitor and own client basis; where any word or phrase is given a defined meaning, another grammatical form of that word or phrase has a corresponding meaning; each paragraph or sub-paragraph in a list must read independently from the others in the list; a reference to an agreement or document is to that agreement or document as amended, novated, supplemented or replaced from time to time; and a reference to a person includes a reference to that person’s executors, administrators, successors and permitted assigns.