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advertising agreement

advertising agreement

By listing your apartment for rent through the Metro-Rentals.com’s service ("MRC"), you acknowledge and agree that:

  1. you own or have the right to advertise the apartment you list for rent;

  2. you have the right to lease the advertised apartment;

  3. you are willing to lease the advertised apartment at the price and on any other terms specified in your listing;

  4. You will purchase one MRC listing per unique apartment unit and you will not advertise more than one apartment unit in a single MRC listing, either by including descriptions of multiple apartments in one listing or by subsequently updating the listing information to advertise different apartments. Premier Partners with separate contracts may exempt from this provision and are bound by the parameters of their Premier Partner contract.

  5. Premier Partners contract may be classified into one of three Premier Partner contract categories: 1) Scatter Site 2) Community or 3) Mixed. For purposes of a Premier Partner contract, scatter site homes are rental homes, often single family or duplex, that are scattered throughout a geographic area and that a reasonable person would not perceive them to be a part of an apartment community. For purposes of a Premier Partner contract, a community is defined as any set of 10 or more homes that are contained within the same structure, or are a part of a set of buildings under a commonality such as a name or address, or that are geographically placed together without separation of other buildings, tracts, parcels or chattel owned or managed by another entity and/or where a reasonable person would perceive the property to be an apartment community whether or not all of the homes are owner occupied, for sale, in contract, in foreclosure or for lease. The lack of a rental office does not disqualify a structure or set of structures from being an apartment community. For purposes of a Premier Partner contract, a mixed portfolio includes both scatter site rental homes and one or more apartment communities.

  6. upon leasing or otherwise taking your apartment off the market, you will email us at updates@metro-rentals.com to advise us to remove the listing;

  7. you will not use your MRC listing to advertise or promote anything (including, without limitation, any product, service or business) other than one unique apartment unit, apartment community or other arrangement offered for rent and agreed upon in the terms of the contract;

  8. except as provided in Metro-Rentals.com's current Refund Policy, you will pay Metro-Rentals.com for your MRC listing, even if you fail to lease your apartment or are dissatisfied with MRC;

    1. invoices will be emailed 3 to 5 days before your renewal date.

    2. your renewal date will be printed on your invoice.

    3. failure to pay an invoice will result in the ad(s) being immediately discontinued.

    4. discontinued ads may be reinstated and published for a $100.00 reinstatement fee paid in advance with all outstanding invoices paid in full.

    5. unpaid invoices will be sent to a collections agency and/or collections attorney.

    6. Metro-Rentals.com will pursue all legal options in order to satisfy debts and settle outstanding invoices.

  9. if you placed a MRC listing with a material error, you will contact Metro-Rentals.com customer service within 3 days of your original listing date to inquire about making material changes to your listing (e.g., through a typographical error, you listed the wrong model for rent) and Metro-Rentals.com shall determine, in its sole discretion, whether such changes will be permitted;

  10. you will not use your MRC listing or the Site for any fraudulent, false, misleading or deceptive activity;

  11. all Materials that you provide to Metro-Rentals.com is truthful, accurate and complete and complies with all local, state and federal laws and regulations, including without limitation, fair housing laws;

  12. you are solely responsible for any and all MRC listings, and all content, photos, data or other Materials you submit to the Site;

  13. you have the all rights necessary to post your MRC listings, including, without limitation, all content, photos, data and other Materials contained therein, on the Site; and

  14. photos provided for the MRC listing will only show the apartment listed for rent and shall not include under any circumstances people, animals, trademarked items, religious symbols, or other objects or features not part of the apartment or apartment community. Metro-Rentals.com reserves the right, in its sole discretion, to remove any MRC listing or photo, without notice and without liability or providing a refund, that does not meet the requirements of these MRC Terms & Conditions, the Site's Terms of Service, Metro-Rentals.com's policies, or if Metro-Rentals.com otherwise determines or believes, in Metro-Rentals.com's sole and exclusive discretion, that your MRC listing or any photo or other content you is inappropriate for any legal, business, technical or other reason.

  15. Metro-Rentals.com reserves the right to change the terms of this Advertising Agreement and the Terms of Service without written notice.

    1. All changes will take effect 30 days after being posted to the Site. It is the responsibility of the Client to periodically check the Site, Advertising Agreements and Terms of Service for changes and make note of those changes.

    2. No refunds will be issued to ads cancelled before the end of their 30 day advertising period due to said changes.

    3. Advertisers who do not want to be bound by the changes may cancel their ads at the end of their 30 day advertising period.

MRC Listing Details

Currently, Metro-Rentals.com offers various listings packages. Features included with each listing package vary depending on the type of advertising level purchased as well as the portfolio tier your advertising may qualify for.

Extended contracts that are cancelled before completion are not eligible for any rebates or substitutions.

MRC listings packages include the ability to continue the ad until the advertised apartment leases. Your MRC listing will be automatically renewed on the Site every 30 days.


Contact Information and Leasing Tools. As a service to our clients, MRC provides certain information and tools to its clients to assist in the leasing of their properties.

 

Contact Name and Phone Number. MRC allows the advertiser or their agent to include the name and contact phone number of the person within their organization, whom a site user should contact regarding leasing the property. It is the clients responsibility to ensure that the name and contact information is correct and to inform MRC of any changes or errors. Premier Partners are not permitted to list any contact name, number or email information for any person outside of their company.

Communication and redirect links/buttons. MRC provides “contact”, “contact us”, “about us” and other buttons activating features of the website to assist the client in communicating with prospects as well as directing prospects to the clients corporate web pages and other information. It is the client’s responsibility to ensure that each link and button property directs the site user to the feature and or information that the client desires.

Delivery of emails via “contact” or “contact us” web forms. MRC provides for the benefit of its clients and site users the ability to send unidirectional communications from the MRC website to the client. When a site user clicks on a clients “contact” or “contact us” button, a web form will appear with text entry fields that a site user can complete. When the site user clicks on the submit button, an electronic version of the submission will be sent to the client via our web server system. MRC makes no guarantees that emails sent through this system will reach the intended recipient or that emails sent from site users through this system are qualified renters interested in your property or company.

Neighborhood Location, Geographic Header, and Map Link. Metro-Rentals.com has a duty and obligation to advertise your property on the correct neighborhood page based on its geographic location.

Neighborhood Location. Metro-Rentals.com will only advertise your property on the neighborhood page where it is geographically located and will only use header terms that accurately reflect the location of your property. On occasion, and at its sole discretion, Metro-Rentals.com may choose to advertise your property in two or more areas (known as dual listing) if the property is within a reasonable geographic location of the next neighborhood and has the same or similar architectural style of the secondary neighborhood. At no time will Metro-Rentals.com advertise your property in a secondary area simply because the secondary area is a known or perceived market of greater value or the secondary neighborhood page is known to or thought to receive more internet traffic. As a general guide, if your property is located on a street that is contiguous to another neighborhood, that property may be eligible for dual listing. As a guide, Metro-Rentals.com will use the maps and geographic boundaries on www.Think-Urban.com, city planning maps or the maps provided by the the neighborhood civic association or neighborhood commission, to determine neighborhood, Village and District boundaries. Metro-Rentals.com reserves the right to approve or deny request for dual listing and may choose to dual list without the consent of property management/owner.

Geographic Header. Your geographic header will read as the primary neighborhood first, followed by the secondary neighborhood with the term “area”, if a secondary neighborhood is listed. For example a header might read Schumacher Place/German Village area.

Map Link. Metro-Rentals.com provides a map link as a service to the site user and as a value added benefit for the advertiser. Metro-Rentals.com reserves the right to use any internet mapping service that most accurately depicts the true geographic location of the property. Metro-Rentals.com makes no guarantees that the mapping service will indicate the correct location of your property. Metro-Rentals.com provides no remedies for an inaccurate representation beyond using another mapping service that is more correct or correct, when advised of the accidental misrepresentation.

Photos. Metro-Rentals.com MRC listings packages include as many photos as appropriate to advertise the apartment or apartment community.

Photography – Vacant Unit - Condition of Unit. In order for Metro-Rentals.com to showcase your available unit in the best possible manner, Metro-Rentals.com requires that all units scheduled to be photographed must be in move-in, rent-ready condition. Metro-Rentals.com staff members will not move materials or furniture, clean any item(s) or put themselves in any health or safety danger. Metro-Rentals.com reserves the right to cancel any photo session at its sole discretion for any reason relating to the condition or safety of a unit. Photo session canceled to do condition/health/safety concerns will be assessed a $75 trip fee.

Photography – Occupied Unit - Condition of Unit. You may request that Metro-Rentals.com photograph a currently occupied unit. This request usually arises when an owner has a resident who has a particularly beautifully decorated home. There are specific requirements to photographing an occupied home. All counters and horizontal spaces must be as clean and clear of clutter as reasonably and practically possible. All personal items, especially in the bathroom, must be out of view. Beds must be made and all clothing non-visible. Metro-Rentals.com staff members will not move materials or furniture, clean any item(s) or put themselves in any health or safety danger. Metro-Rentals.com reserves the right to cancel any photo session at its sole discretion for any reason relating to the condition or safety of a unit. Photo session canceled to do condition/health/safety concerns will be assessed a $75 trip fee.

Photography – Appointment Cancellation by Client. If a photo session needs to be cancelled, please contact our office no later than 24 hours before the session. Photo session cancelled less than 24 hours before the appointment are subject to a $75 cancellation fee.

Photography – Appointment Cancellation by Metro-Rentals.com. Metro-Rentals.com will make every reasonable attempt to arrive on time for any schedule photography appointment. However, due to uncontrollable circumstances up to and including illness, inclement weather, acts of God, terrorism, traffic crash, National security/safety, public safety requirements, natural disaster and/or equipment malfunction, Metro-Rentals.com may need to arrive late, cancel or reschedule a photo appointment. Metro-Rentals.com will make every reasonable attempt to contact the client to reschedule as soon as it is evident that our staff will not be able to honor the appointment. Metro-Rentals.com does not offer any type of compensation, refunds or credits to clients due to a cancelled appointment initiated by our company.

Photography – Missed Appointments, Late Arrivals, Missed Contact, Lack of Ingress. All missed appointments with our photography staff will be charged a $75 trip fee. Our staff members are under no obligation to stay at a location past the start time of the session. If the representative of your company is late and our staff leaves the address, it is considered a missed appointment. If your representative, for any reason, fails to make contact with our photography staff and our staff exits the premises, it is considered a missed appointment. If you make alternative entry arrangements with Metro-Rentals.com and our staff cannot gain access to the unit due to a client’s staff error or client-owned equipment malfunction, the client is subject to a $75 trip fee. Metro-Rentals.com is under no obligation to try and fix any error or equipment malfunction. It is the sole responsibility of the client to provide easy, efficient and safe ingress into all units scheduled for a photography session.

Photography – Rights and Applications. MRC offers photography services as part of the advertising/marketing programs. While a client of MRC and actively advertising, your company has all rights to use the photos on your corporate or company website with the following conditions a) MRC will provide all hosting of the photos b) you will not edit, crop, abridge or truncate the photos by any means and c) the MRC watermark will be plainly visible. Should the business relationship between your company and MRC cease, your company has the option of purchasing all rights to the photos. At the point of purchase, MRC will provide you with a CD/DVD of your photos without the watermark. However, MRC will reserve a copy of the photo set and reserves the right to keep and showcase the photo set as part of MRC’s production portfolio.

Copywriting/Copyrights. MRC provides copywriting services as a part of the monthly advertising cost. The Client may provide MRC with a description of the property, but MRC is under no obligation to use any part or section of the submission. MRC reserves the right to add, change, modify, delete or expand upon the descriptive text of an advertisement without the consent or notification to a client. MRC does not discount or pay the Client for description submissions. All submissions become the property and copyright of MRC. MRC will not publish any external URL's that direct MRC site users away from the MRC site. Clients may not use any MRC copyright material in any other sources outside of the MRC site and affiliate sites when not actively advertising on MRC. The use of copyright material without payment or consent is a violation of law and all remedies will be pursued.

Units for Sale or Lease-to-Own. Available rental units that are also for sale, or are for lease to own, may not have the price or other non-rental information listed in the Essential Neighborhood Classified listing. All non-rental information will be removed from the ad before publishing. For sale or lease to own information may be published on the clients Premier Partner page if applicable.

Proofs. Advertisers are responsible for proofing their ad when posted and assume full responsibility for accuracy.

Errors. The publisher will not be liable for omission of any advertisement or for errors appearing in any advertisement beyond the cost of the space occupied by the error. Credit for errors will be issued in an extended advertising period for the amount of time the error was in place, not to exceed one week.

Position. Position is not guaranteed unless Gold or Platinum Upgrade is purchased. No adjustments, reinsertions or refunds will be made because of the position in which any advertisement appears at the initial insertion or later as newer insertions are listed above or below the advertisement covered in this agreement.

Updating. Clients needing to update their advertisement(s) shall send an email to updates@metro-rentals.com with the name of the client, neighborhood location of the property, address of the property and the items to be updated in the body of the text. Allow 24 to 48 hours for the update to be complete after being received by Metro-Rentals.com if sent during regular business hours (9:30am to 5pm), Monday through Friday, excluding holidays. Advertising changes sent after hours or on non-business days will be handled on the next business day. There is no fee to update a current listing.

Invoices. Invoices will be emailed 3 to 5 days before your renewal date. Your renewal date will be printed on your invoice. Advertiser requests for a postal mailed or faxed invoice will be billed an additional $5.00 per month to cover administrative fees.

Cancellation Policies. Metro-Rentals.com has strict policies and procedures regarding the cancellation of advertising.

Method of Cancellation. MRC will not accept cancellation requests over the phone. All cancellation requests must be made in writing via email or written correspondence. It is the preferred policy that all cancellation requests are made via email to updates@metro-rentals.com and specifically state the unit(s) to be removed. All requests must be received on or before the monthly renewal date. MRC is not responsible for and may not honor cancellation requests made by telephone or requests for cancellation left on any answering machine or voicemail. Written correspondence delivered by any means other than email must be received at our office before the monthly renewal date. MRC is not responsible for messages not received to our office by your or your representatives because of illness, inclement weather, acts of God, terrorism, traffic crash, National security/safety, public safety requirements, natural disaster and/or equipment/technological/power malfunctions regardless of cause.

  • Cancellation after renewal date. Essential Neighborhood Classified Ads (ENC) cancelled after the space reservation deadline (monthly renewal date) will be billed at 100 percent. No rebates and/or substitutions.

  • Cancellation before renewal date. Essential Neighborhood Classified Ads (ENC) that are cancelled before the monthly renewal date are considered completed contracts and credit for days not used will not be given. Owners/managers that opt to re-list a unit after submitting a cancellation request will begin a new 30-day contract period and will be assessed the standard 30-day rate. No rebates and/or substitutions.

  • Cancellation of Advertising by Metro-Rentals.com. MRC reserves the right to cancel any Advertising Agreement (ENC or Extended) without notice and for any reason. No rebates or substitutions will be given. Cancellations due to non-payment will be assessed a $100 fee to reinstate the account and republish the affected advertisements. All fees must be paid in advance with all outstanding invoices paid in full.

Rental Applications. Metro-Rentals.com will place on the clients’ Premier Partner section of the website a .pdf version of the client’s rental application. The rental application can be submitted in Microsoft word  (.doc, .docx), Adobe PDF (.pdf) or in a clean, scannable hard copy version. Metro-Rentals.com will not under any circumstance make any changes to a client’s rental application. Should a rental application format or information change, the client shall be responsible for submitting a new application in the proper format with the updated information. It is the client’s responsibility to ensure that Metro-Rentals.com has the most recent version of your company’s rental application and that the correct version is being used on the website. Metro-Rentals.com does NOT archive any previous applications. Metro-Rentals.com will not consult or make suggestions regarding the legal ramification of application criteria. Metro-Rentals.com highly suggests that all clients have their applications and leases approved by an attorney. Metro-Rentals.com also makes no guarantees that site users who submit an application will be approved or qualified to rent an apartment.

Video Tours – Rights and Applications. MRC offers its clients the option of purchasing a Video Tour shot, directed, edited and produced by MRC. MRC will work with the client to showcase the client’s product in a manner and form the client feels is in the best interest of their company, but MRC reserves all directing and editing rights. While a client of MRC and actively advertising, your company has all rights to use the video tour on your corporate website with the following conditions a) MRC will provide all hosting of the videos and b) you will not edit, abridge or truncate the video by any means. Should the business relationship between your company and MRC cease, your company has the option of purchasing all rights to the video. At the point of purchase, MRC will provide you with a CD/DVD of your video. However, MRC will reserve a copy of the video tour and reserves the right to keep and showcase the video as part of MRC’s production portfolio.

Rates. Rates are not published by Metro-Rentals.com, but negotiated with each client based on their individual needs in marketing and advertising. Metro-Rentals.com will honor contractual obligations until the contract termination period at which time Metro-Rentals.com reserves the right to change advertising/marketing rates, re-negotiate and/or re-submit another contract proposal.

Additional Services and Fees. Metro-Rentals.com offers a number of additional, optional services to enhance your listings. Those services are:

  • Floor plan Sketch-to-Digital Conversion at $75 per sketch if on graph paper.

  • Video Tours at $300.00 for each video. Discount of 25% for 2 or more videos purchased at once.

  • Video Hosting fee of $50 per month for non-advertised units.

  • Photography at $200.00 per location for non-advertised units.

  • Pay-per-click campaign – negotiated separately.

Miscellaneous Fees and Charges. *All charges are subject to change without notice.

  • Trip charge for photography at $75.00 per location for non-advertised units.

  • Missed photo appointments or appointments cancelled less than 24 hours will be assessed a $75 fee.

  • Photo sessions that cannot be completed due to condition of unit or lack of ingress will be assessed a $75 fee.

  • Additional photo sessions after 1st included session – $75 per session.

  • Photo enhancement (photoshop) services – $35 per hour.

  • Late fees from $10 to $35 (depending on contract terms) on open invoices not paid within a Net 30 from date of invoice.

  • Return check fee of $35.

Classified Upgrades. To create more exposure for your available unit, Metro-Rentals.com offers two types of Classified Upgrades Gold and Platinum. Gold upgrades are limited to 3 total upgrades per bedroom quantity section. Platinum upgrades are limited to 3 per neighborhood.

  • Gold Upgrades – Gold Upgrades will move your available unit to the top of the bedroom quantity subsection of the appropriate neighborhood page. Your classified ad will be enhanced with a full color thumbnail of our choice that we feel best represents your unit. Please contact our Sales & Marketing Department for pricing.

  • Platinum Upgrades – Platinum Upgrades will move your available unit to the top of the neighborhood page, creating the highest amount of exposure possibility. You classified ad will be enhanced with a full color thumbnail or our choice that we feel best represents your unit. Please contact our Sales & Marketing Department for pricing.

Payments. Payments may be made to Metro-Rentals.com in the form of personal check, company check, cashier’s check or money order payable in U.S. Dollars unless another currency is otherwise specified. Third party checks and starter checks are not accepted. MRC reserves the right to verify funds with your bank and to reject payment if funds are found to be insufficient. Currently, MRC does not accept credit/debit card payments. Please have the invoice number written in the memo line of all checks for fastest credit to your account.

Payment Address. Please make payments to: Metro-Rentals.com, 27 East Russell Street Suite 201, Columbus, Ohio 43215. This address can also be found on the invoice.

Fees for Returned Checks. Checks drawn on a closed account, returned for non-sufficient funds or returned to MRC for any reason by the bank are subject to a $35 Return Check fee.

Required Forms of Payment. MRC may require clients to submit a secured form of payment such as a bank check, money order or cashier’s check if the client has previously submitted check that was returned by the bank.

GENERAL LIMITATIONS. MRC listings only contain the features expressly indicated. In some cases, different features are available to other Metro-Rentals.com advertisers that are not available to you. MRC listings may not appear on the Site for up to 72 hours. METRO-RENTALS.COM DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE MRC SERVICE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL LEASE YOUR APARTMENT, OBTAIN AN ACCEPTABLE RENT FOR YOUR APARTMENT, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED RENTERS, OR RECEIVE ANY INQUIRIES REGARDING YOUR APARTMENT FOR RENT.

Metro-Rentals.com reserves the right to, but is under no obligation to and does not assume any obligation to, review MRC listings before and/or after they are posted to the Metro-Rentals.com site to confirm information relating to the advertiser and the advertised apartment and to investigate complaints and suspicious activity. If Metro-Rentals.com determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that your listing violates any laws or guidelines, Metro-Rentals.com reserves the right to reject or immediately remove your listing from the Metro-Rentals.com site without notice and without liability or providing a refund, as described above.

MRC Refund Policy. As a general matter, Metro-Rentals.com does not provide refunds for MRC listings after a listing is purchased except under cases of extreme exigent circumstance. In order to be eligible to receive a refund under this circumstance, Metro-Rentals.com must receive your refund request in the manner described below within 5 calendar days of your purchase of the MRC listing.

Metro-Rentals.com further reserves the right to make refunds at any time in connection with cases of fraud, abuse, and in other limited instances. Metro-Rentals.com does not provide refunds under any other circumstances. Notwithstanding anything in this policy to the contrary, Metro-Rentals.com reserves the right to finally determine in its sole discretion whether the criteria for a refund set forth in this policy have been satisfied and to request any additional information relevant to such request.

All refund requests must be in writing and include your name, address, e-mail address, apartment address, apartment description, the check or credit card number used to purchase the MRC listing, and the reasons you are requesting a refund. Please send all refund requests to info@Metro-Rentals.com.

Metro-Rentals.com is not responsible for refund requests that are not timely received in accordance with this policy for any reason, including without limitation, Web congestion, addressing mistakes, computer or Internet downtime, or requests submitted by phone, postal mail, or any other manner not expressly provided for in this policy.

If you have any questions about this refund policy, please contact us at info@Metro-Rentals.com. Metro-Rentals.com reserves the right to modify this Refund Policy at any time.

 

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