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ENROLLMENT AGREEMENT

This Enrollment Agreement ("Agreement") is between the organization set forth in the registration page ("You") and CoreLogic, Inc., a Delaware corporation ("CoreLogic") located at 4 First American Way, Santa Ana, California 92707. 

Recitals

CoreLogic has developed a website called ePropertyWatch, in which homeowners may obtain, among other things, real property information regarding their home and homes in their area.  You are interested in enrolling Your homeowner clients for the ePropertyWatch service. In return for enrolling Your homeowner clients, CoreLogic may advertise Your business or services to the homeowner clients that You enroll.  

Terms

For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, You and CoreLogic agree as follows:

1.	Enrollment

(a)	Homeowners Clients.  You shall enroll homeowner clients with whom You have a business relationship ("Homeowners") in ePropertyWatch (the "Website").  CoreLogic reserves the right to impose limits on the number of Homeowners that You enroll in the Website and reserves the right to refuse enrollment to any Homeowner for any reason.  Once You enroll a Homeowner in the Website (provided the Homeowner is not currently registered on the Website), CoreLogic may provide the Homeowner email messages containing, among other things, information about their home (including without limitation, estimated values, nearby sales and nearby foreclosures) and a hyperlink to the Website.  Homeowners may then register to access the Website.

(b)	Marketing.  For Homeowners You enroll in the Website, CoreLogic shall display Your contact information as well as Your picture or logo (collectively, "Sponsor Information") on a webpage of the Website that is specific to the Homeowner's home and accessible by that specific Homeowner only ("Homeowner Webpage").  CoreLogic may also display Your Sponsor Information in email messages sent to Homeowners.  You may update Your Sponsor Information through the Website.  If at any time a Homeowner cancels his or her registration to the Website, or their license to use the Website is terminated for any reason, CoreLogic will no longer display Your Sponsor Information to such Homeowner, even if the Homeowner is enrolled in the Website at a later date.

(c)	Advertisements.  In addition to Your Sponsor Information, CoreLogic may advertise to the Homeowners utilizing other media, including without limitation, advertisements on the Website, Homeowner Webpage and in email messages to the Homeowner.  CoreLogic shall use commercially reasonable efforts to avoid displaying advertisements on the Website to the Homeowners You enroll that advertise the primary business/service that You provide, according to the categorization of Your primary business/service in the registration process.  For example, if You select "real estate professional" as Your primary business/service, CoreLogic shall use commercially reasonable efforts to avoid displaying advertisements for other real estate professionals on the Website to the Homeowners You enroll.  Notwithstanding the foregoing, You acknowledge that the categorization of Your business/service and the categorization of other advertisements is subjective and therefore CoreLogic cannot make any guarantees regarding such advertisements.  CoreLogic may also provide information about the Homeowners you enroll to nonaffiliated third parties for marketing purposes.

(d)	Compensation.  CoreLogic shall provide the enrollment services and ePropertyWatch services to You and the Homeowners which You enroll at no charge.

2.	Your Obligations

(a)	Compliance with Law.  You shall comply with all applicable laws and regulations when performing the activities under this Agreement.  You represent and warrant that You will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation), and/or any other laws and/or regulations that govern email marketing and/or communications.  You represent and warrant that You have the right to provide to CoreLogic with the information You submit regarding Homeowners (including without limitation nonpublic personal information such as names, addresses and email addresses), and that the provision of such information is in compliance with the Gramm Leach Bliley Act, 15 U.S.C.A. § 6801 et seq., as implemented by regulations the Federal Trade Commission (the "FTC") has promulgated at 16 C.F.R. Part 313 ("GLB") and all other laws and regulations.

(b)	Noninterference with Business.  You shall not solicit or induce any Homeowner referred under this Agreement to terminate any relationship with CoreLogic.  You shall not disparage CoreLogic, the Website, or the ePropertyWatch services.  Any such disparagement may result in the immediate suspension or termination of this Agreement.  

3.	Relationship

Nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship.  You are not an agent of CoreLogic and are not authorized to make any representation, contract, or commitment on behalf of CoreLogic.  You and Your employees and agents are not entitled to any of the benefits that CoreLogic may make available to its employees.  

4.	CoreLogic Confidential Information & Proprietary Rights

(a)	"Confidential Information" means all technical and non-technical information provided by CoreLogic to You, including but not limited to information regarding (a) patent and patent applications, (b) trade secret, and (c) proprietary information-ideas, samples, media, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents, and formulae related to CoreLogic's current, future, and proposed products and services, and including, without limitation, CoreLogic's information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans and information that CoreLogic provides regarding third parties.  All information should reasonably be considered Confidential Information in light of the facts and circumstances surrounding disclosure.    

(b)	Nondisclosure.  You shall, during the term of this Agreement and thereafter, take all steps reasonably necessary to hold CoreLogic's Confidential Information in strict confidence.  You shall not use Confidential Information in any manner or for any purpose not expressly authorized by CoreLogic, and shall not disclose any such Confidential Information to any third party (other than Your personnel who need to know such information in connection with their work for CoreLogic and who are bound by confidentiality obligations at least as restrictive as those contained herein) without first obtaining CoreLogic's prior written consent on a case-by-case basis.  You shall immediately notify CoreLogic in the event of any loss or unauthorized disclosure of any Confidential Information.    

(c)	Proprietary Rights.  All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly of the Website, and the overall "look and feel" and distinctiveness of the Website constitute trade dress and the property of CoreLogic. The absence on the Website of a CoreLogic product or service name, slogan, or logo does not constitute a waiver of CoreLogic's trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Website may be the trademarks and the property of their respective owners.  You agree that the services available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and You shall not infringe on any such proprietary rights. 

5.	Term and Termination

(a)	Term.  The term of this Agreement commences on the Effective Date.   

(b)	Termination.  You may terminate this Agreement at any time for any reason via the Website.  CoreLogic may terminate this Agreement at any time for any reason with or without notice to You.  Upon termination by either party for any reason, CoreLogic may continue to provide ePropertyWatch to Homeowners that You enrolled and CoreLogic shall have no further obligation to provide You with the marketing opportunity in accordance with Section 1.  

(c)	Destruction of CoreLogic Property.  Upon termination of the Agreement or earlier if requested by CoreLogic, You shall destroy all CoreLogic Confidential Information or other proprietary information of CoreLogic and certify (via a signed statement from You or if You are an organization, an officer the organization) that such materials have been destroyed.

6.	Indemnification

You shall indemnify, defend and hold harmless CoreLogic, its officers, directors, employees, customers and agents from and against any claims, losses, liabilities, damages, expenses and costs (including attorneys' fees and court costs) that result from Your breach or alleged breach (a "Claim") of this Agreement, or any claims that arise out of the enrollment of Your clients into the Website.  CoreLogic shall give You written notice of any such Claim.  CoreLogic shall control the defense of any such claim and You shall have the right to participate in the defense of any such Claim.  

7.	Limitation of Liability

(a)	CORELOGIC'S TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING FIFTY DOLLARS ($50.00).  THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT WILL BE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT.  THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT.  

(b)	CORELOGIC SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF CORELOGIC IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.  

(c)	FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.

8.	General Provisions

(a)	Contact.  By registering with the Website, You understand and agree that You have established a business relationship between CoreLogic, You and Your Homeowners. By registering on the Website, You agree that CoreLogic may contact You and Your Homeowners by telephone at the numbers You provided or by email at the addresses You provided regarding other products or services offered by or through CoreLogic even if such telephone numbers are on a do-not-call registry or similar list. With any email communication, CoreLogic will provide a means by which You and Your Homeowners may opt-out of further communication.
(b)	Potential Disruption of Service. Access to the Website may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of CoreLogic.  CoreLogic shall have no liability to You for any disruptions of service that render the Website unavailable to Homeowners. 
(c)	Severability and Integration. Unless otherwise specified in this Agreement, this Agreement constitutes the entire agreement between You and CoreLogic with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and CoreLogic with respect to the subject matter hereof. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full effect.
(d)	Venue.  The parties hereby submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Central District of California, Orange County Branch and the Superior and Municipal Courts of the State of California, Orange County in any litigation arising out of relating to this Agreement or its subject matter. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
(d)	Governing Law. You agree that all matters relating to this Agreement are governed by the laws of the State of California, which apply in all respects, including statutes of limitation. No choice of law rules of any jurisdiction will apply to nullify this choice of law.
(e)	Survival.  The following sections survive termination of this Agreement and continue in full effect until fully satisfied: 2 (Your Obligations); 4 (CoreLogic Confidential Information & Proprietary Rights); 5(b) (Termination); 5(c) (Destruction of CoreLogic Property); 6 (Indemnification); 7 (Limitation of Liability); and 8 (General Provisions).
(f)	Non-Waiver. CoreLogic's failure to exercise or enforce any right or provision in this Agreement does not constitute a waiver of that right or provision.
(g)	Assignment. CoreLogic may assign this Agreement, in whole or in part, at any time with or without notice to You. You may not assign this Agreement or assign, transfer or sublicense Your rights, if any, under this Agreement.
(h)	Injunctive Relief.  A breach of any of the promises or covenants contained in this Agreement may result in irreparable and continuing damage to CoreLogic for which there may be no adequate remedy at law, and CoreLogic is therefore entitled to seek injunctive relief as well as such other and further relief as may be appropriate.
(i)	Notices. Except where this Agreement expressly states that notices will be given via email, any notice or other communication required or permitted under this Agreement shall be delivered in person or sent by one of the following methods: (a) certified U.S. mail, return receipt requested (postage prepaid); or (b) commercially recognized overnight service with tracking capabilities.  Notices to CoreLogic shall be sent to 4 First American Way, Santa Ana, California 92707, with a copy to CoreLogic's counsel at the same address marked Attention: Legal Department. Notices to You shall be sent to the address entered on the registration page.

By completing the registration and clicking "I Accept," You agree to be bound by all terms and conditions contained in this Agreement. By clicking "I Accept," You assert that You are an authorized agent of the organization You stated on the registration page with the authority to bind such organization to the terms and conditions contained in this Agreement.  If You do not accept the terms and conditions contained herein, do not click "I Accept".  This Agreement is effective upon CoreLogic's acceptance of this Agreement.  


Last Updated July 21, 2010.
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