Terms and Conditions and Service Agreements

Version 5.4

Last Updated: 3/22/2023

Overview

This agreement outlines the terms of Deal Doer Machine (DDM) Platform Membership (Agency) between Michael Minuto (DDM Agency Owner) and other Partner Investors (Agents, Senior Deal Partners).

Deal Doer Machine Platform Services

• Tooling infrastructure, platform training, cold leads, VA services, appointments, acquisitions support, and tool support will be provided for you. Some of these services are optionally included based on the plan you have subscribed to. 

Marketing Services

• DDM will provide cold leads through our CRM and marketing activities.
• Cold Calling is the primary method through which platform members will reach out to their leads, set appointments for themselves, and negotiate deals. Other marketing methods such as direct mail and driving for dollars are facilitated through various tools available on the platform. 
• Optional “Cold Caller / VA” services are available to platform members, so members can hire a Cold Caller / VA to make calls and set appointments for them for an hourly charge.
• No minimum quantity or quality of leads/appointments can be guaranteed either through the platform Pond system or via Cold Caller / VA services, or through any other program or feature where appointments are distributed by the platform. 
• While the Agency tries to minimize the chances of conflicts that arise when multiple agents are working on the same lead, the Agency cannot guarantee exclusive ownership of leads. Other agents may be working on their own copies of the same leads, as is the case with any other lead list that is distributed to more than one investor. 

Agent Agreements - Membership

• All plans have a minimum 6-month membership, paid monthly, with 1 plan upgrade / downgrade per 6 months available. There will be no refunds for 6 months of Prepay.  Agents paying monthly will be charged the prorated remaining balance billed at the full monthly price if canceling within 6 months. ______ Agent Initials
• A minimum 30-day notice to terminate membership is required.
• You are required to enroll in Autopay via PayPal in order to pay your monthly membership fees. This keeps accounting processes simple for us so we appreciate your compliance. 
• You must maintain your Big Dog membership status, be paid in full for your Big Dog membership, and must have completed at least week 4 of Big Dog training to join the DDM Platform.
• Leads are made available as licenses allow. Access to REIQ Leads requires an REIQ license. Please use our Affiliate link  https://realestateiq.co/ref/mminuto/ for a discount. You may request that your leads from REIQ be imported into your DDM account just like any other lead source. 
• Propstream and Cardone University accounts are typically activated at the beginning of each month. Prorated refunds will be processed upon account termination.

Agent Agreements - Terms of Service and Agent Activities

• Leads / Appointments will be distributed to or claimed by Agents through our FollowUpBoss (FUB) system. Agents are expected to learn and utilize this system and will receive training and support. 
• All leads should be worked within the Follow Up Boss platform provided. Although there may be instances where it is necessary to extract leads from the platform in order to execute certain marketing strategies, ie. Yellow Letter campaigns, Door Knocking, etc., it is still best practice to maintain communication and updates within FUB. This approach also maintains compliance with our lead vendors and helps ensure that Errors and Omissions Business Insurance coverage for the agent stays in effect. 
• Agents are responsible for checking the lead record when Cold Calling and ensuring leads that expressed a desire not to be contacted are not contacted via the rejected contact channel. Phone numbers marked “DNC” or “Do Not Call” should never be called. Door knocking and mailers are still fair game for leads opting out of emails and texts and calls. Any fines or lawsuits resulting from calling leads on the DNC will be the Agent’s responsibility. 
• Agents are responsible for ensuring they do not send unsolicited emails or texts to leads, and agree to assume responsibility for any fines that result. Unsolicited texts and emails are considered those sent to leads that have not registered via our website/Facebook page, or have not been spoken to on the phone and provided permission to send them text messages and emails. Any fines levied against the DDM platform as a result of an Agent not complying with the above rules will be the responsibility of the Agent. 
• Agents agree to be fully responsible for any fines that result from improper marketing or other activities while using the DDM platform and agree to hold DDM harmless. 
• Agents agree to receive permission before making any charges via 3rd party tools such as postcard mailing or skip tracing via Propstream or Realeflow, and agree that any charges made shall be paid immediately to DDM. These charges typically go onto a DDM payment method and must be reimbursed by the agent. 
• The DDM platform is reliant on 3rd party vendor tools and therefore cannot guarantee system uptime, consistent feature sets, or defect free performance from vendor tools such as FollowUpBoss, PropStream, GMail, etc. Agents agree to hold DDM harmless for any inconveniences or losses that result from issues related to 3rd party vendor tools or services. 
• DDM cannot guarantee any type of exclusivity with respect to lead access in the system. Additionally, there is some possibility due to system configuration or software errors that lead information, including individual communications, could be exposed to other agents on the DDM platform. While DDM makes every effort to minimize these issues, DDM cannot make any guarantees.  
• Agents should represent themselves to sellers as their own brand. Any other partners, ISAs, or Virtual Assistants should stay aligned with your brand in order to maintain consistency and not confuse your sellers.
• While Errors and Omissions insurance coverage is provided to DDM members through our company account, DDM cannot guarantee coverage in all situations, as insurance coverage requirements are complex and can change from time to time without notice. Agents should ensure they are aware of and remain compliant with all DNC, TCPA, and CAN-SPAM laws to avoid issues in the first place. Please see this web page for a summary of these laws: https://dealdoermachine.com/keeping-it-legal 
• Agents should not let leads sit idle or claim more leads than they can reasonably work on and contact on a regular basis (should be around 300-500 leads but you may want to start with as little as 25 leads). If DDM staff discovers that an Agent is claiming an excessive amount of leads, DDM reserves the right to reclaim leads not being actively worked on for public use by other agents. 
• Any Agent partners who are routinely logging in or assisting with lead communication must establish their own DDM Follow Up Boss account and manage communications through the DDM Platform. Account credentials may not be shared with anyone as this is a violation of terms of service rules with our software vendors and may result in account termination.
• Deal Doer Machine is not meant to replace Big Dog training. Please make sure you complete your training so partnering with us and other partners is the most effective. 

Agent Agreements - Profit Sharing Fees (Effective December 2022, replaces any previous profit sharing language in previous MOUs)

• DDM does NOT charge a platform fee or percentage for deals that agents find and close on their own through their own marketing or through their hired Cold Caller or Virtual Assistant marketing, or with another senior Big Dog outside of the Alpha Squad team. 
• Any partnership engaged by the Agent and another platform partner, (DDM Alpha Squad, Sr. Partner, or another DDM Agent), should include a signed JV agreement with details and up-to-date profit sharing structures at the time of deal inception.

Non Agency Activities:

• Agents must not share any details about the inner workings of the DDM platform with non-team members. If soliciting for new team members to join, please send them to an upcoming info session and have them register at www.DealDoerMachine.com. Do NOT represent the details of our platform to others as they may have changed and you may not be up to date on the latest policies and offerings. 
• Agents are not permitted to share leads or otherwise use any Agency infrastructure, tools, leads, lead lists, VA time, or any other DDM assets with non-DDM members. 
• Sharing of your DDM Platform account credentials for any tools (including FUB, Google, Propstream, Docusign, Realeflow, etc) with anyone else is not permitted.
• Agents should not work leads sourced from the DDM Platform offline without reflecting that activity in the DDM Platform. In other words, if you are going to door knock or mail to leads from our system, please claim that lead and keep notes in the DDM Platform. This will help prevent duplicate marketing to the same lead. 
• Agents must disclose any memberships in or activities with other marketing co-ops or other groups that may be considered competition with or seen as providing similar services as DDM. In general, DDM agents are discouraged to belong to another competing co-op unless there is a really good reason for doing so. The point here is that we want to limit conflicts of interest and maintain integrity between competing Big Dog co-ops, and avoid the appearance of “poaching” team members or deals from one co-op to another.  
• Agents are not permitted to use DDM chat rooms, DDM Facebook groups, or any other DDM communication channels to solicit DDM team members for their own off-platform deals or activities without permission. 

Account Hold / Cancellation:

• Agents who wish to put their account on hold will be charged a $75 / month account maintenance fee. 
• When on hold, the Agent will not receive new leads or appointments and may be restricted from logging in to various tools and systems. 
• If an Agent decides to cancel before their initial commitment is finished, the full membership balance will still be due, regardless of the amount of time the Agent has been on hold. 
• Agents must give 30 days notice before canceling at any time. Please visit www.DealDoerMachine.com/support to cancel, or for any other account service issues. 
• Agents that have put in for cancellation will no longer receive appointments from the platform. 

Termination and Incident Management:

• Participation in the DDM Platform is at will and may be terminated by either party at any time for any reason. 
• Upon termination for any cause, ownership of all leads and deals will revert back to the Agency, and the Agent agrees not to continue working the lead unless express permission is granted. Deals under contract may still be worked by the Agent, are still subject to the terms of this agreement, and must continue to be managed through the DDM Platform. 
• Agency members are expected to adhere to the Big Dog Code of Conduct at all times. Any observed violations or disputes between Agency members should be brought to the attention of the Agency Owner immediately. Violations of that code or any behavior the Agency owner or team deems out of bounds may subject the member to immediate termination without refund. 
• Professionalism, respect, and honesty are expected at all times. This agency has a zero tolerance policy for disrespect, bullying, cheating, gossiping, angry outbursts, stealing other people’s deals, illegal activities, or any other behaviors that create an uncomfortable environment. DDM Platform members demonstrating or suspected of demonstrating any of these behaviors may be terminated immediately without a refund.

Non-Compete / Non-Disclosure:

• Personnel or businesses employed by, contracted by, or otherwise performing any work for the Agency, including VAs, marketers, and other assistants may not be contacted, solicited, or referred by the Agent for work outside of the Agency’s business at any time during or after this partnership without express written permission from the Agency owner.
• Agents agree not to share details of or copy for themselves the inner workings, techniques, technologies, processes, and other “secret sauce” techniques being used in this Agency. 
• In order to avoid the appearance of conflicts of interest or misuse of the Agency’s “secret sauce”, Agents agree not to form a competing marketing co-op for a period of 1 year after leaving the DDM platform. 

Payments:

• All plans have a $500 setup fee
• When obtaining funding via our special 3rd party financing program, a 5% purchase applies on the amount ultimately funded (which may be higher than the cost of your DDM package)
• Early bird deposits are non-refundable, except in limited circumstances where package funding through out 3rd party provider could not be obtained. 

Service Add-On Agreement - Cold Caller / VA Services

• At no time may any VAs / ISAs be solicited for individual work outside of the DDM platform.
• While every effort will be made to hire and train VAs and ISAs for Hire to a high degree of efficiency and monitor them for performance, the Agency cannot guarantee any minimum levels of call volume or appointment-setting performance. It is the responsibility of the Agent to assist in monitoring VA performance and direct them as needed to ensure they are working on the proper activities requested by the Agent, and to immediately notify DDM personnel if a VA is not performing to their satisfaction so we may correct the situation. 
• If VAs and ISAs for Hire are not performing to expected levels, the Agency will take immediate action in correcting the performance issue or replacing the poor performer as a remedy.
• ISAs / VAs that do not work the expected number of hours will have their fees for those unworked hours credited to the hiring Agent, or the Agent will be provided makeup hours.
• Agents should actively engage with their ISAs / VAs to ensure they are working on the correct lead lists and should help tune their performance and provide guidance to the ISAs / VAs. We strongly recommend you have your ISA/VA call a wide variety of lead types and areas to maximize your chances of finding a deal, as we have found that limiting the areas or types of leads called results in fewer appointments set. 

Account Add-On Agreement:

Cardone Sales Training University

Propstream

Realeflow

Batchleads

Propellio 

DocuSign Business Account

• Credentials for accounts may not be shared. 
• Propstream and Cardone University accounts are typically activated at the beginning of each month. Prorated refunds will be processed upon account termination.
• Please allow up to 72 hours for all other account activations.
• All account add-ons require 30 days notice of cancellation.

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