Agreement between User and www.PassiveProspecting.com

We offer video editing and video optimizing services for real estate agents on YouTube. Our goal is to help you make a massive impact on YouTube with your real estate videos!

Electronic Communications

Visiting www.PassiveProspecting.com or sending emails to Passive Prospecting constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Cancellation/Refund Policy

Our monthly video editing service is offered on a month-to-month basis and does not require a long-term contract at this time. If a cancellation of service is desired, you must request cancellation 1 business day prior to your subscription renewal. Refunds will not be issued if a cancellation is not requested 24 business hours in advance. 

We do not offer refunds or credits for unused videos throughout the week/month or if subscription cancellation is requested after the renewal date (unless our team fails to deliver your videos to you for any reason). This service is a "use it or lose it" service, meaning that videos cannot be credited or banked for future fulfillment because videos were not produced or not sent to our team on time.

Videos are counted, produced, and released on a week-by-week basis. So, for example, if you signed up for 8 videos per month, but you don't send us videos for 3 weeks and then upload 8 videos on the 4th week, you will only receive 2 videos for the service period before your billing recurs. Videos WILL NOT roll over into the following month if you fail to upload in advance OR if you do not consistently upload on a week by week basis.

Your first video with take about a week to produce. This means that your first month may have 1-2 fewer videos than a typical month to account for your onboarding period. We do not charge an onboarding fee for this reason.

Sending Videos to Our Team

By signing this document, you agree to provide your video clips 48-72 business hours in advance of expected production. We cannot guarantee that a video will be done in time for us to post on YouTube if we are not given this window of time. If the provided video clips are received by our team outside of the 48-72 business hour window, your publishing date for that video will be pushed to your next planned day.

For example, if your normal scheduling times are Tuesdays/Thursdays/Saturdays, but your videos for your Tuesday video are sent to us on Monday, that video will be ready to post for Thursday instead of Tuesday. The missed video will not be credited to your account or pushed to the next business day.

Please note that we operate during business hours, meaning Monday through Friday and with the exception of major holidays. If you would like a video to be published by Monday, our team will need your video content by Thursday evening of the previous week at minimum.

Please keep this in mind when sending in your content!

However, if our team fails to produce a video after adequate time has been given for us to complete the project, we can either push the publishing day and adjust the weekly schedule or offer you a credit towards your next invoice. Requests to audit your account and credit videos, when necessary, must be requested within a 30 day window of the missed video. We will not audit or offer any credits or refunds more than 30 days after a service period has ended. NO EXCEPTIONS.

One video can be UP TO 30 minutes in length, after editing is completed. Videos that result in more than 30 minutes of editing footage will count as two full videos in your weekly and monthly video count. You may choose to turn a longer video that is over 30 minutes into a part one and part two, so that it is published as two separate videos on YouTube, if you would like to do so.

Approving Videos and Publishing on YouTube

 Once a video is moved to “Ready to Optimize” by the client (aka Content Creator), edits are considered final, and additional revisions to the videocannot be made.

Revisions to video titles, descriptions, keywords, etc., CAN be made after publishing, however. Our team does perform periodic channel audits and may make changes and revisions to SEO materials on your channel for increased performance and A/B testing.

Passive Productions cannot guarantee results on videos that have been altered without consulting our SEO team. If changes to the titles, descriptions, tags, etc. are requested through our team, we can revisit a video and make changes using our software and our specialized team.

If you have questions or concerns about the quality of your videos, video copy, or quality of communication and delivery, please contact us at Support@PassiveProductions.com or get in touch with Krissy Owens and the Passive Productions Video Editing Team.

Links to Third Party Sites/Third Party Services

www.PassiveProspecting.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Passive Prospecting and Passive Prospecting is not responsible for the contents of any Linked Site, including without limitation any link contained in

a Linked Site, or any changes or updates to a Linked Site. Passive Prospecting is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Passive Prospecting of the site or any association with its operators.

Certain services made available via www.PassiveProspecting.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.PassiveProspecting.com domain, you hereby acknowledge and consent that Passive Prospecting may share such information and data with any third party with whom Passive Prospecting has a contractual relationship to provide the requested product, service or functionality on behalf of www.PassiveProspecting.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.PassiveProspecting.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Passive Prospecting that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Passive Prospecting or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Passive Prospecting content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Passive Prospecting and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Passive Prospecting or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Passive Prospecting from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Passive Prospecting

Content accessed through www.PassiveProspecting.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Passive Prospecting, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Passive Prospecting reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Passive Prospecting in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE REEL AGENCY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PASSIVE PROSPECTING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE REEL AGENCY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE REEL AGENCY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE REEL AGENCY OR ANY OF ITS SUPPLIERS HAS BEEN

ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Passive Prospecting reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Passive Prospecting as a result of this agreement or use of the Site. Passive Prospecting's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Passive Prospecting's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Passive Prospecting with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Passive Prospecting with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Passive Prospecting with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Passive Prospecting reserves the right, in its sole discretion, to change the Terms under which www.PassiveProspecting.com is offered. The most current version of the Terms will supersede all previous versions. Passive Prospecting encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Passive Prospecting welcomes your questions or comments regarding the Terms:

Passive Prospecting

3309 Elm St. STE 102-330

Dallas, Texas 75226

Email Address:

support@passiveprospecting.com Effective as of January 01, 2022

The Passive Production Team

We look forward to helping you CRUSH IT on YouTube!