Effective October 1, 2009

When you order a NewListingTour video ("Video") you agree to be bound by this Sponsorship Agreement ("Agreement"), and by our Web site Privacy Policy and Terms of Service.

1. Pre-payment required. The full amount of your order is due at time of order unless your firm has been approved for credit and accepted billing responsibility in writing.

2. Sponsored Video. You agree to sponsor Video that will be shot, edited, packaged and distributed by NewListingTour and its agents and affiliates ("NewListingTour"). NewListingTour retains sole and complete editorial control over the content of the Video, and reserves the right to edit, package, describe, distribute and promote the video as it deems proper, in its sole discretion.

3. Scheduling of Video. All Video, unless otherwise agreed, will be shot at a regularly scheduled broker or public open house occurring not less than 3 business days after receipt and confirmation of your order. We will attempt to contact you to schedule an estimated appointment time within the scheduled open house hours ("Appointment"). If we are unable to confirm the Appointment, for any reason, within 2 business days of the Appointment, your order may be canceled.

4. Cancellations, refunds. If you cancel your order after an Appointment has been scheduled and confirmed by you, you will be charged a cancellation fee of twenty percent (20%) of the amount you have paid or agreed to pay if you cancel more than 48 hours before the Appointment, and fifty percent (50%) of such amount if your cancellation is received less than 48 hours before the Appointment, or if you are not present at the Appointment. You expressly agree that the entire amount you have paid or agreed to pay is deemed earned at the time the Video is shot, regardless of any later cancellation or any objections you might have to the content of the Video.

5. Preview of video, changes. No preview of the Video will be provided. We will notify you by e-mail when the Video is available for public viewing online. If you have any objections to the Video, or to our description of it, your sole right is to request that we withdraw it from distribution to the extent feasible. In such event, you are not entitled to request any changes or to any refund of any amount earned by or paid to NewListingTour.

6. Ownership of rights; grant of license. NewListingTour owns all rights, title and interest, including all copyrights, intellectual and other proprietary rights, in and to the Video, as well as all raw footage shot by NewListingTour.

You will have access to embed code for the Video and, upon request, a copy of the Video on DVD. Subject to your compliance with this Agreement (including all payment terms), you are hereby granted a revocable, worldwide, non-exclusive license to copy, distribute, transmit and stream the Video. You agree not to distribute, transmit, stream or otherwise display the Video on any Web site that promotes illegal activities or conduct that NewListingTour, in its sole discretion, deems objectionable. You agree that NewListingTour, in its sole discretion, may distribute the Video, on your behalf or on behalf of NewListingTour, on third-party Web sites which are now, or later become, available (“Third-Party Web sites”) in any and all media now known or hereafter developed. You acknowledge that distribution of the Video through Third-Party Web sites may require that the Video be loaded to third-party servers over which NewListingTour has no control and that the Video may continue to be streamed and distributed at the third-party’s discretion. NewListingTour disclaims any liability from any use of the Video by any such third-party.

7. Location rights; materials. You represent and warrant that you, or your firm, have the right to advertise and promote the property that is the subject of the Video, including the right to shoot video at the location.

You may supply content (e.g., digital images, logos) ("Materials"), and request that it be included in the Video, at NewListingTour's discretion. You represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in this section and (b) the use of the Materials in the Video will not infringe any copyright, trademark, or other intellectual property right of any third party or violate any other rights of a third party including, without limitation, any rights of privacy or publicity or any contractual rights.

You hereby grant NewListingTour a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sub-licensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in connection with the Video in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights.

You grant NewListingTour a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Materials.

8. Warranties. NewListingTour represents and warrants that the Video will not infringe the copyright, trademark or intellectual property of any third party; provided that NewListingTour makes no representation or warranty of non-infringement with regards to any mark, copyright, logo or other element of your business or any material provided by you to be included in the Video.

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, NewListingTour DOES NOT MAKE AND DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability. NewListingTour and its agents and affiliates shall not be liable to you for any indirect, incidental, special or consequential damages arising from or relating in any way to its performance or failure to perform under this Agreement. You agree that NewListingTour's aggregate liability for direct damages arising from or relating to a Video shall, in no event, exceed the actual amount paid under this Agreement for such Video.

10. Indemnification. You agree to indemnify, defend and hold harmless NewListingTour, and its affiliates, officers, directors, employees and agents, from and against all third-party claims, suits, proceedings, liabilities and costs (including reasonable attorneys' fees) arising from or relating to your conduct with regard to the Video including, without limitation, a claim that the Video or any part of it violates any relevant advertising rules or regulations.

11. Miscellaneous provisions

11.1 Independent contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative or partner of the other party. Neither party shall have any right, power of authority to enter into any agreement for or on behalf of, or to incur any obligation or liability for, or to otherwise bind, the other party.

This Agreement shall not be interpreted or construed to create an association, joint venture, co-ownership, co-sponsorship, or partnership between the parties or to impose any partnership obligation or liability upon either party.

11.2 Entire agreement. This Agreement contains the final and complete understanding of the parties and supersedes all prior oral or written promises, undertakings, understandings or negotiations concerning its subject matter. No alterations to the terms and conditions of this Agreement shall be valid unless made in writing and signed by all of the parties hereto or their authorized successors or assigns.

11.3 Assignment. The rights of the parties under this Agreement, and the obligations of NewListingTour hereunder, shall be freely assignable.

11.4 Severability. In the event that any provision of this Agreement is unenforceable or invalid, such unenforceability or invalidity will not render the Agreement unenforceable or invalid as a whole, and in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decisions.

11.5 Governing law, venue. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Cook County, Illinois.

11.6 Force majeure. Neither party shall be liable or deemed in default for any delay or failure in performance of this Agreement resulting from any cause completely, solely and exclusively beyond the reasonable control of that party.

11.7 Notices. All notices and other communications hereunder shall be by e-mail or voice mail, delivered to the address or phone number specified at time of order.