MEMBERSHIP POLICY – BUSINESSES
PLEASE NOTE: THIS POLICY IS A CONTRACT AND REQUIRES YOU TO ABIDE BY THE TERMS AND CONDITIONS LISTED BELOW. IN CONSIDERATION FOR PROVIDING YOU ACCESS TO BOATQUEST.COM’s SERVICES AND ITS WEB SITES, including BOATQUEST.COM, (COLLECTIVELY, THE “BOATQUEST SERVICES”), YOU AGREE TO BE BOUND BY AND COMPLY WITH THIS POLICY.
YOU FURTHER AGREE THAT BOATQUEST.COM (“BOATQUEST”) MAY CHANGE THE TERMS AND CONDITIONS OF THIS POLICY BY POSTING THOSE CHANGES TO [INSERT LINK TO POLICY PAGE URL HERE]. IT IS YOUR RESPONSIBILITY TO MONITOR THAT WEB PAGE FOR CHANGES. YOUR CONTINUED USE OF THE BOATQUEST SERVICES AFTER THE POSTING OF AN AMENDED, RESTATED, OR OTHERWISE MODIFIED POLICY WILL CONSTITUTE YOUR AGREEMENT TO THE AMENDED, RESTATED OR OTHERWISE MODIFIED POLICY.
Section 1. Security; Customer Information; Password
1.1. You agree not to interfere with or disrupt the BoatQuest Services, or the servers or networks connected to the BoatQuest Services. You further agree to comply with all rules, requirements, procedures, policies, and regulations of BoatQuest and any networks connected to the BoatQuest Services.
1.2. You agree not to use the BoatQuest Services for any unlawful purpose and agree to comply with reasonable requests by BoatQuest to protect its rights or the rights of its members.
1.3. You will not: (a) reproduce, distribute, perform, copy, or display any content obtained from any BoatQuest website through the use of a data-harvesting method (including, but not limited to, bots or spiders) or through any other method or mechanism not offered or authorized as part of the BoatQuest Services; or (b) permit any third party to reproduce, distribute, perform, copy, or display any content obtained from any BoatQuest website by using a data-harvesting method (including, but not limited to, bots or spiders) or through any other method or mechanism not offered or authorized as part of the BoatQuest Services; or (c) reproduce, distribute, perform, copy, or display any other members’ materials.
1.4. You agree that, in addition to other methods of communication, all notices under this Policy may be transmitted to you via e-mail, fax, or regular mail.
1.5. You agree to keep your user name and password confidential.
1.6. You agree that you are responsible for all activities that occur under your user name and password (including, but not limited to, any communications sent or received via the BoatQuest Services).
1.7. You agree not to sell, transfer, loan, lend, or assign your BoatQuest membership or any membership rights, including, but not limited to, your user name and password. You are responsible for ensuring that others may not access the password-protected portions of the BoatQuest Services using your user name and password. To that end, you are responsible for restricting access to computers or other devices used to access your account. You agree to notify BoatQuest if you become aware of any loss, theft, or unauthorized use of your user name or password.
Section 2. Eligibility Rules
2.1. You warrant that you are in the boat sales business as a yacht broker or boat dealer and can produce appropriate proof, such as your brokerage or dealership business card, letterhead, photo of store front, or website upon BoatQuest’s request.
2.2. If you are doing business in a state, province, or country that requires a license to sell boats, you warrant that you are properly licensed in that jurisdiction and can produce a copy of the license or license number upon BoatQuest’s request.
2.3. You warrant that you have a minimum of three exclusive vessels for sale that are available for co-brokerage, with signed listing agreements from three different owners, none of which are owned by you, and none of which are already advertised on the BoatQuest site. In order to remain eligible, you must advertize on BoatQuest the greater of (i) three vessels or (ii) 25% of your total listings that are available for co-brokerage. Please note that new vessels, trade-in vessels, and vessels listed for less than $50,000 are not included in the 50% eligibility calculation.
2.4. You warrant that your brokerage office listed on BoatQuest has a physical location with a street address accessible to the public.
2.5. You warrant that you possess a valid business license in the name of your BoatQuest account name, and can produce it upon BoatQuest’s request.
Section 3. Listing Rules.
3.1. All listings must contain proper identifying information, including, but not limited to: the listing type, the co-brokerage type, location, price, and the vessel’s current availability status.
- “Co-Brokerage” is a mutual agreement between the Listing Brokerage (the firm that has a signed agreement with the seller to offer the vessel for sale) and the Selling Brokerage (the firm representing the buyer with a signed Purchase & Sales Agreement), whereby the Brokerage firms will divide the commission for a sale of an exclusive or a non-exclusive listing completed by the firms.
3.2. Listings can be exclusive, non-exclusive, trade-in, and new vessel. BoatQuest does not permit “for sale by owner” listings wherein a BoatQuest member agrees to advertise an owner’s vessel for an upfront advertising fee. You are prohibited from re-selling BoatQuest’s advertising service. You are also prohibited from using BoatQuest membership for the purpose of soliciting advertising fees from owner / sellers and referring the interested buyer to the seller for more information.
3.2.1 Approved Listing Types
- Exclusive Listing – There is a written listing agreement signed by the owner of the vessel authorizing only one brokerage to offer the vessel for sale, whereby the owner relinquishes the right to sell the vessel himself and agrees to pay to the listing brokerage a specified commission if the vessel is sold during the term of the listing agreement. Proper broker-to-broker ethics do not allow any contact with the owner without the listing broker’s authorization.
- Non-Exclusive Listing – There is a written listing agreement signed by the owner of the vessel given to one or more brokerages whereby the broker that produces a buyer is paid a commission and the owner remains free to sell the vessel himself without paying a commission.
- Trade-In – A vessel being offered for sale is owned by a dealer or brokerage.
- All exclusive and non-exclusive listings advertised on BoatQuest require a listing agreement. If your listing is challenged, a listing agreement signed by the owner of the vessel must be faxed to BoatQuest upon request.
3.3. You may not advertise another broker’s exclusive listing in you own inventory of vessels for sale.
3.4. You may only list vessels (and not parts, accessories, or other equipment) using BoatQuest Services.
3.5. Your listing may only promote vessel-related information, and may not advertise employment, business, real estate, or other services.
3.6. Previously owned vessels must exist and currently be for sale to be advertised on BoatQuest.
3.7. Vessels entered as “New” must be available in-stock at your office or under construction at the builders’. You may post listings for vessels that you have pre-ordered for construction. All “New” vessels must have a HIN number entered in the “HIN number” field.
3.8. If you do not have a vessel sale pending it may not be displayed with the “Sale Pending” status. “Sale Pending” means that you have received and accepted a written offer with a deposit.
3.9. Unauthorized use of images or text from another broker’s listing or website is prohibited.
3.10. You may not brand your photos or listings with a company name or other identifying mark or method.
3.11. You may not post in the general description field of the display ad or on the Full Specs page any broker-specific contact information or any information designed to thwart co-brokerage activity. Such information may only be posted in the “Custom Contact Information” field.
3.12. You may not post third party advertising or links in the “Custom Contact Information” field of a listing without written approval from BoatQuest. Third party advertising or links are defined as links to any site that is not owned by the listing broker or BoatQuest.
3.13. The listed advertised price must be the price for which the vessel may be purchased; it may not be an auction or bid price, or a suggested minimum value price.
3.14. You may not advertise multiple copies of your listings.
3.15. Listings must contain a text description of the vessel.
3.16. If you lose a listing, you must delete the listing within 72 hours.
Section 4. Reporting Policy Violations
4.1. To report violations against your listings, email the offending broker directly, with a coy to firstname.lastname@example.org. If the offending broker does not respond or resolve the issue within 24 hours, forward the original violation email to email@example.com with the added notation that there has been no response. BoatQuest may deactivate the listing while researching the violation report.
4.2. To report all other violations, email us directly at firstname.lastname@example.org.
4.3. Falsely reporting a violation may result in a corrective action taken against you.
Section 5. Penalties for Policy Violations
If BoatQuest’s investigation of a Policy violation by a BoatQuest member (“Offending Member”) results in a finding that the member has violated the Policy, BoatQuest will apply the following penalties:
5.1. First infraction: BoatQuest will document the infraction and the resolution in the Offending Member’s record as a “First infraction / warning,” and will notify that member.
5.2. Second Infraction: BoatQuest may suspend the Offending Member’s BoatQuest service and / or deactivate of one or all listings of that member for a minimum of one business day or until the violation has been corrected. BoatQuest will document the infraction and the resolution the Offending Member’s record, and will notify that member. If the second infraction is also the Offending Member’s second violation of the Listing Rules, an audit may be performed on that member’s BoatQuest-advertised listings.
5.3. Third Infraction: Upon verification of a third Policy violation, BoatQuest may terminate the Offending Member’s service.