Evolve Selling Owner Incentive Terms & Conditions

These Terms & Conditions (“Terms”), govern the Evolve Selling Owner Incentive. In these Terms we will refer to you as “you” and to Evolve Vacation Rental Network, Inc. and its employees and agents as “we,” “us,” or “Evolve.” How It Works:  If you intend to sell your property, which is currently listed for rental on the Evolve platform, you will be eligible to receive a $500 incentive (the “Selling Owner Incentive”) if each of the following two conditions are met:
  1. You provide Evolve with written notice (an “Incentive Qualification Notice”) by sending an email to [email protected] of your intention to sell your property and identifying the property by address at least 10 days prior to your property being listed for sale on a Multiple Listing Service;- and –
  2. The purchaser of your property engages with Evolve for the continued rental of the property, signing a management agreement with Evolve within 90 days of the closing date of the sale of the property.
Additional Commitments, Representations and Warranties:  By providing Evolve with an Incentive Qualification Notice, you represent and warrant to us that:
  1. Your property is offered for sale through a licensed real estate brokerage, and will be listed with a Multiple Listing Service and you are not providing Evolve with an “off-market” listing (only properties offered for sale through a licensed real estate brokerage using a Multiple Listing Service are eligible for the incentive, and any “off-market” listings or “for sale by owner” listings are not eligible for the incentive).
  2. You understand that Evolve is not offering you any real estate brokerage services concerning the sale of your property, or performing any real estate transaction services on your behalf with regard to the sale of your property.
  3. You and your property are in good standing with Evolve.
By providing Evolve with an Incentive Qualification Notice, you agree that:
  1. Evolve is not offering or providing you any real estate brokerage services concerning the sale of your property, or performing any real estate transaction services on your behalf with regard to the sale of your property.
  2. Evolve is authorized to display your property on its “Properties For Sale” web page with a “Coming Soon” banner, beginning on the date of receipt of your written Incentive Qualification Notice to Evolve, including, without limitation, photographs of your property and information concerning your property, such as, without limitation, size and amenities.
  3. The Selling Owner Incentive is in lieu of any other incentive for recommending Evolve.
  4. The buyer of your property may or may not choose to engage Evolve, which is the sole choice of the buyer. You will take no action to make the buyer’s choice a condition of the sale of your property, nor will you offer the buyer compensation for choosing to engage Evolve. If the buyer chooses not to engage Evolve, no Selling Owner Incentive is payable to you.
  5. In order to receive the Selling Owner Incentive, you will need to execute and return certain tax forms to Evolve, and you understand that you will be responsible for applicable taxes on any amounts received pursuant to the Selling Owner Incentive.
Miscellaneous: By providing Evolve with an Incentive Qualification Notice, you agree that:
  1. The Selling Owner Incentive is scheduled to be active as of November 28, 2022. If the first condition above (notifying Evolve at least 10 days prior to your property being listed for sale) is completed after November 28, 2022, Evolve will honor the Selling Owner Incentive if the second condition is met within the timeframe specified (90 days following sale of the property) so long as this condition is completed within 6 months of listing the property for sale (after this date, no compensation will be owed by Evolve pursuant to the Selling Owner Incentive program).
  2. These Terms may be changed from time to time by Evolve in our sole discretion, and the Selling Owner Incentive program may be terminated without notice. In the event the incentive is terminated after you have met the first condition above (notifying Evolve at least 10 days prior to your property being listed for sale), then you will nonetheless be eligible to receive the $500 Selling Owner Incentive, in the event all conditions are met in accordance with these Terms.
  3. Payment of the $500 Selling Owner Incentive A) shall be made in US Dollars only, and amounts shall not be converted to any non-USD currency; and B) shall be made within 30 days of both conditions in the above “How It Works” section being met, as well as your providing to Evolve: a) all tax forms required under these terms, and b) a current mailing address or other electronic payment details needed to process the payment.
  4. These Terms and the Selling Owner Incentive are governed solely by the laws of the State of Colorado without regard to its conflicts of law principles. The Parties consent to the personal and exclusive jurisdiction of the federal and state courts of Denver, Colorado.
  5. If any provision of these Terms are held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of these Terms.
  6. The Selling Owner Incentive is not available, and is not being offered, in any jurisdiction where it is illegal or prohibited.