1.The agreement
These Terms are an agreement between AGNTPOOL LLC ("AGNTPOOL", "we", "us") and you, the licensed professional or brokerage representative who uses AGNTPOOL. They cover the AGNTPOOL website, web app and mobile app (together, the "Platform"). The Marketplace Rules explain how the marketplace works and are part of these Terms; if they conflict, these Terms control. The Privacy Policy describes how AGNTPOOL handles information. A brokerage's participation is also governed by its Brokerage Participation and Authorization Agreement.
You accept these Terms by checking the acceptance box when you create your account. If you do not accept them, do not use the Platform.
3.AGNTPOOL's role
AGNTPOOL is software for posting and claiming referral opportunities and documenting the resulting referral agreements between Texas brokerages.
AGNTPOOL provides marketplace technology and workflow only. It is not a brokerage and is not a party to any referral agreement. It does not set or negotiate referral fees, and does not collect, hold, process, disburse or receive any part of them. It does not guarantee payment or resolve disputes between brokerages. Software subscriptions are separate from brokerage compensation.
AGNTPOOL does not provide legal, tax or brokerage advice. Forms, templates and in-app guidance are provided as technology and are not a substitute for the advice of an attorney.
4.Your account
Your account is personal. Do not share your login, and do not allow anyone else to post, claim or sign under your name. Protect your credentials, and notify us immediately at support@agntpool.com if you suspect unauthorized access. We may verify the information you provide against TREC records and other lawful sources.
5.Posting and contacting prospects
Posting is free. Each time you post, you certify that:
- the opportunity is genuine and current;
- you or your brokerage obtained the prospect's information lawfully;
- you have the prospect's permission to share it for this referral; and
- another licensed agent may lawfully contact the prospect for the stated purpose.
AGNTPOOL does not independently verify consents; it relies on your certification. Keep your own records of the prospect's permission and provide them if your brokerage, a regulator, a court or AGNTPOOL reasonably requests them.
Before contacting a prospect, you and your brokerage are independently responsible for determining whether and how contact is lawful, including under the Telephone Consumer Protection Act, federal and Texas do-not-call rules, and anti-spam and privacy law. The posting agent's certification does not replace that duty.
6.Referral agreements and fees
Every referral is governed by a written agreement between the two brokerages, accepted in AGNTPOOL by their authorized agents on the terms stated in the posting. Referral fees are paid by the receiving brokerage directly to the referring brokerage, as the agreement and Texas law require. No agent may pay or receive a referral fee except through their sponsoring broker.
Claiming requires an active paid subscription (Section 7). A claim is not ownership, exclusivity or a right to compensation.
7.Subscription and billing
Beta access. During the beta, AGNTPOOL may provide claiming access at no charge. We will give you at least 30 days' notice before paid subscriptions begin, and nothing is charged unless you choose to subscribe.
AGNTPOOL Originals. Accounts with beta access when paid subscriptions begin become AGNTPOOL Originals and may subscribe at the Original Rate shown in the app at that time. The Original Rate does not change while the subscription remains continuously active and in good standing. The designation is personal, cannot be transferred, and confers no ownership, equity, territory or exclusivity.
Pricing. The subscription is a flat fee for access to the software. It is the same for every subscriber on the same plan and never depends on how many opportunities you claim, how many referrals you complete, whether a transaction closes, or how much compensation is paid. AGNTPOOL does not sell placement, ranking or priority.
Billing and renewal. Subscriptions renew monthly until cancelled. The price, billing period and renewal terms are shown before you subscribe. In the iPhone app, Apple processes the payment under its terms, and you manage and cancel the subscription in your Apple account settings. Any other subscription method shows its own terms and cancellation path first.
Cancellation and refunds. Cancelling stops the next renewal; you keep access until the end of the paid period. We do not give partial refunds except where required by law or by the app store's rules. If you cancel and later return, the then-current rate applies.
A subscription does not verify your license, create brokerage authorization, or guarantee any opportunities, transaction or income.
8.Conduct
You agree to act honestly, professionally and within your license and your brokerage's authority, and to follow the Marketplace Rules, including their fair housing, prospect-information and prohibited-conduct provisions. You may not use the Platform to market settlement services or to arrange any kickback.
9.Electronic records and communications
You agree to sign and receive documents electronically. Your typed name, checkbox acceptances, and the timestamps and versions AGNTPOOL records are valid signatures and records under the ESIGN Act and the Texas Uniform Electronic Transactions Act. We will send you service messages about your account, verification, claims, agreements, security and billing; you can control optional notifications in your settings.
10.Content and intellectual property
AGNTPOOL owns the Platform and grants you a limited, revocable, non-transferable license to use it for your professional real estate referral activity. You keep the rights to what you submit and permit us to store, display and process it as needed to operate, secure and document the Platform and to comply with law.
11.Enforcement
We may remove content, pause an opportunity, limit features, or suspend or close an account under the Marketplace Rules, or to protect a prospect or the Platform. Obligations under referral agreements already in effect survive any suspension or closure.
12.Disclaimers
The Platform is provided "as is" and "as available." To the fullest extent the law allows, AGNTPOOL disclaims implied warranties. It does not guarantee any opportunity, prospect response, transaction, closing, brokerage compensation, referral-fee payment or uninterrupted service.
13.Limitation of liability
To the fullest extent the law allows, AGNTPOOL is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, compensation or opportunities. AGNTPOOL's total liability for any claim relating to the Platform is limited to the greater of the subscription fees you paid in the six months before the claim arose, or $100.
14.Indemnity
To the extent the law allows, you will defend and indemnify AGNTPOOL against third-party claims arising from what you post, your contact with prospects, your handling of prospect information, your licensed activity, your referral agreements, or your breach of these Terms or the law.
15.Disputes and governing law
Texas law governs these Terms. Before filing a claim, each side will give the other written notice and attempt in good faith to resolve it for 30 days. Disputes will be decided in the state or federal courts serving Cameron County, Texas. Disputes between brokerages about a referral fee are governed by their referral agreement, not by these Terms.
16.Changes
We may update these Terms. Material changes receive a new version number and effective date, and you will be asked to accept them before you continue to post or claim. Acceptance of an earlier version does not carry over to a materially different version.
17.General
If any part of these Terms is unenforceable, the rest remains in effect. Not enforcing a term once is not a waiver. You may not assign these Terms. We may assign them as part of a merger, reorganization or sale of the Platform. Provisions that by their nature should survive termination will survive.
18.Contact
AGNTPOOL LLC · 2436 Pablo Kisel Blvd #1058, Brownsville, TX 78526 · support@agntpool.com
Questions about this document? Contact support