Joining the Pearl Real Estate Network

Because the Real Estate Network is accessible online, we don’t ask you to deal with and physically sign a lengthy contract. The terms of our Real Estate Network (“Network”) contract with you are set forth below in plain language. If you don’t agree with the terms, then we ask that you exit this application process to remove yourself from consideration for the Network. By requesting admission to the Pearl Real Estate Network, you acknowledge that you have read, understand and accept the terms and conditions of Network membership. Your application to the Network serves as your agreement to be bound by all terms, conditions, definitions, requirements, and obligations set forth below (collectively, the “Agreement”), which may be updated from time to time at Pearl’s discretion.

Terms and Conditions

  1. Parties. 

    1. “Pearl” refers to PLS Inc, dba Pearl Certification. 

    2. “You”, “Agent”, “Network Member”, or “Member” refers to you, the Real Estate Agent applying for membership in Pearl’s Real Estate Network. 

  2. Term; Renewal; Termination. This Agreement is effective upon application submission  and shall remain in effect for one (1) year thereafter (the “Initial Term”); provided, this Agreement shall automatically renew for additional one (1) year terms (each, a “Renewal Term” and, together with the Initial Term, the “Term”), in each case unless earlier terminated as permitted herein and subject to the Terms and Conditions.
    1. Termination During Initial Term: This Agreement may only be terminated during the Initial Term under the following conditions.

      1. Both parties mutually agree in writing to terminate the Agreement; or

      2. One party reasonably demonstrates a failure of the other party to abide by the Terms and Conditions, which failure remains uncured for thirty (30) days following the failing party’s receipt of written notice from the non-failing party, demonstration of such failure and notice of the applicable Claim to be in accordance with the requirements set forth herein regarding dispute resolution. 

    2. Termination After Initial Term: Pearl or the Agent may terminate this Agreement, after expiration of the one (1) year Initial Term, by giving the other party sixty (60) days’ advance written notice prior to the last day of the then-current Term.

    3. Effect of Expiration or Termination.  In addition to any other rights and obligations of the parties, upon expiration or any termination of this Agreement: Agent and all of its employees, personnel and agents shall cease all use of the Pearl System and Pearl Assets (including Intellectual Property Rights) and remove Pearl’s trademarks and any reference to Pearl from Agent’s promotional materials including its website, and shall return to Pearl or destroy, at Pearl’s option, all Confidential Information of Pearl then in Agent’s or its employees’, personnel’s or agents’ possession; (3) all provisions of this Agreement which, by their nature, should survive termination (including, without limitation, Sections 7 to 10 of Terms & Conditions) shall so survive.

  3. Pearl Real Estate Network Features: Standard requirements, benefits, and obligations of the Real Estate Network are as follows; Network terms, conditions, benefits, and requirements are subject to modification by Pearl at its discretion: 
    1. Agent requirements to join and participate in the Network:

      1. Active Member of the National Association of Realtors in good standing (membership will be verified by Pearl)

      2. Minimum of (2) two years as a licensed real estate agent and minimum of 5 transactions completed, OR NAR Green Designee 

      3. Completion of required training program 

        1. Module 1: Introduction to High Performing Homes

        2. Module 2: How to certify a HPH

        3. Module 3: Marketing a HPH the Pearl Network Way

    2. Member Agent Responsibilities:
      1. Certify their high-performing home listings

        1. Pricing for Certifications will be mutually agreed upon by Pearl and Agent in writing (email is sufficient).

        2. Data for Certifications will be provided in accordance with the Data-Related Obligations section below.

      2. Properly market certified homes to capture a high-performing home premium

      3. Incorporate high performing home knowledge and information into their consumer marketing and interactions

      4. Introduce Green Door to their homeowner clients

      5. Represent the benefits of becoming a high-performing home advocate to their local peers in the real estate community

    3. Network Benefits:
      1. Access to the Real Estate Network Portal (“Portal”) through a third-party provider, Mighty Networks; through access to the Portal, Network Agents will have access to a variety of resources: 

        1. The Portal will serve as a Hub for interaction and activity

        2. Ongoing and updated educational content and training

        3. High performing home marketing materials

        4. Potential referral opportunities

      2. Access to Pearl’s consumer-facing home energy efficiency app, Green Door, for Agents and their homeowner clients

      3. Potential consumer lead generation and nurture campaigns

  4. License to Pearl System and Trademarks.  Pearl grants Agent a limited, non-sublicensable, non-transferable, non-exclusive license during the Term to certain of the Pearl Marks in (as may be amended by Pearl from time to time) during the Term for the sole purpose of providing, performing and promoting the Agent Services and Agent’s participation in the Network pursuant to the terms of this Agreement. Agent agrees not to, or to allow any third party to copy, reverse engineer, disassemble, decompile or create derivative works from any software, user interfaces, hardware, applications, databases or other technology that is part of the Pearl System. All goodwill associated with the use of the Pearl Marks will inure to the benefit of Pearl.  Agent will only use the Pearl Marks in accordance with the terms of this Agreement and the quality control requirements and guidelines set forth in the Network Overview or as may be issued by Pearl from time to time to all Network Agents.  The foregoing license will automatically terminate upon the expiration or earlier termination of this Agreement. All Pearl Marks and Pearl-provided content must be used in compliance with Pearl’s Style Guide. 

  5. Intellectual Property Rights.  As between the parties, Pearl owns and shall exclusively own all right, title and interest in and to the Pearl Assets and all Intellectual Property Rights therein.  If Agent acquires any right, title or interest in or to any of the Pearl Assets and/or any of Pearl’s Intellectual Property Rights except from Pearl, Agent agrees to and hereby immediately assigns to Pearl all such right, title and interest.

  6. Modifications.  

    1. Pearl may modify this Agreement, including requirements, benefits and features of the Real Estate Agent Network, in whole or in part, from time to time at its sole discretion, effective immediately upon notice to Agent via email to the address provided by Agent. 

    2. Pearl may update the Fees Schedule from time to time at its discretion upon providing thirty (30) days prior written notice thereof to Agent, including to add Fees to cover new products or services, including without limitation, fees relating to Homeowner Tools made available by Pearl.  If Agent does not agree to any revised or modified Fees Schedule which increases any Fees payable by Agent or decreases any Fees payable to Agent, Agent may terminate this Agreement without penalty upon providing Pearl with thirty (30) days prior written notice of termination within five (5) days of Agent’s receipt of notice that the Fees Schedule has been so modified.  Unless Agent exercises the foregoing termination right, the Fees Schedule in effect at the time of Agent’s performance of any Agent Services which results in Agent’s payment or receipt of Fees shall apply to such Agent Services. 

  7. Indemnification. 

    1. By Agent.  Agent shall indemnify, defend, protect and hold harmless Pearl, and its successors, assigns, officers, directors, shareholders, employees, Agents, suppliers, agents, service providers, and affiliates (each, a “Pearl Indemnified Party”) from and against any and all liability, damages, losses, charges, expenses, fines, and costs, including reasonable attorney’s fees and costs, and the costs of enforcing this indemnity, suffered or incurred by a Pearl Indemnified Party in connection with any third-party claim (including any claim asserted by a homeowner) arising out of, or relating to (1) any personal injury or property damage caused by Agent or, if applicable, any Agent Agent in connection with the performance of any Agent Services; (2) the negligence of Agent or, if applicable, any Agent Agent; (3) any breach of this Agreement by Agent or, if applicable, any Agent Agent; and/or (4) any violation of any applicable local, state, or federal law, statute, rule, regulation or ordinance by Agent or, if applicable, any Agent Agent in connection with the performance of any Agent Services.  

    2. By Pearl.  Pearl shall indemnify, defend, protect and hold harmless Agent, and its successors, assigns, officers, directors, shareholders, employees, Agents, suppliers, agents, service providers, and affiliates (each, a “Agent Indemnified Party”) from and against any and all liability, damages, losses, charges, expenses, fines, and costs, including reasonable attorneys’ fees and costs, and the costs of enforcing this indemnity, suffered or incurred by a Agent Indemnified Party in connection with any third-party claim arising out of, or relating to (1) Pearl’s gross negligence or willful misconduct in performance of its obligations under this Agreement; or (2) any violation of any applicable local, state, or federal law, statute, rule, regulation or ordinance by Pearl in connection with Pearl’s performance of its obligations under this Agreement. 

  8. Confidentiality and Non-Solicitation. 

    1. Confidentiality.  Each party may have access to, or otherwise learn or come to know, non-public, confidential or proprietary information about the other party, in whatever form or medium, including, without limitation, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”).  A party shall designate all information that it seeks to protect as Confidential Information by conspicuously marking it as “Confidential” at the time of disclosure; provided, that if either such party fails to so mark any such information, it shall still be treated as Confidential Information of such party if the nature of such information or the circumstances regarding its disclosure would cause the receiving party to reasonably understand and believe that such information constitutes confidential and proprietary information of the other party.  Neither party shall use any Confidential Information of the other party except as is required to perform its obligations under this Agreement.  Neither party shall disclose any Confidential Information of the other party to a third party except (a) to its employees and Agents who have a reasonable need to know such information and are bound by a written agreement preventing their unauthorized use or disclosure of such information in a manner consistent with this Agreement, or (b) to an oversight organization or utility program for which the Agent provides services, pursuant to Quality Assurance activities as detailed in the Network  Overview.  Each party shall provide immediate written notice to the other party upon becoming aware of any breach of this Section or any disclosure or unauthorized use of the other party’s Confidential Information. 

    2. Non-Solicitation – Network Contacts.  For the duration of the Term and for one year after expiration or earlier termination of the Term, Agent shall not, directly or indirectly, for itself or on behalf of another person or entity, except in collaboration with or with the prior express written consent of Pearl: offer, sell, or provide to Network Contacts any products similar to, in competition with, or which otherwise could have the effect of preventing Pearl from receiving the full benefit of Pearl’s business relationship with such Network Contact. For the avoidance of doubt, this restriction shall include any type of certification assessment or service, but not include services Pearl does not offer, including the specific real estate services Agent and/or Agent’s affiliated Brokerage provides. “Network Contact” shall be defined as parties introduced to Agent by Pearl, including but not limited to, members of the Real Estate, Contractor, and Builder Networks.

    3. Non-Solicitation – Employees.  For the duration of the Term and for one year after expiration or earlier termination of the Term, Agent shall not, directly or indirectly, for itself or on behalf of another person or entity, except in collaboration with or with the prior express written consent of Pearl, solicit for employment or otherwise induce, influence, or encourage to terminate employment with Pearl, any current or former employee of Pearl with whom Agent had more than incidental contact or who became known to Agent in connection with performance under this Agreement (each, a “Covered Employee”) except (i) pursuant to a general solicitation through the media or by a search firm, in either case, that is not directed specifically to any employees of Pearl, unless such solicitation is undertaken as a means to circumvent the restrictions contained in or conceal a violation of this Section; or (ii) if Pearl terminated the employment of such Covered Employee before Agent having solicited or otherwise contacted such Covered Employee or discussed the employment or other engagement of the Covered Employee.

    4. Acknowledgment.  Agent and Pearl agree the duration and scope of the restrictions contained in this Section are reasonable. Upon a determination that any term or provision of this Section is invalid, illegal, or unenforceable, the court may modify this Section to substitute the maximum duration or scope area legally permissible under such circumstances to the greatest extent possible to effect the restrictions originally contemplated by the parties hereto.  

    5. Injunctive Relief.  Pearl shall be entitled to injunctive relief for any violation of this Section.   

  9. Limitation of Liability.  PEARL DISCLAIMS ALL WARRANTIES RELATING TO THE PEARL ASSETS AND CONTENT PROVIDED TO NETWORK MEMBERS, ALL OF WHICH ARE PROVIDED “AS-IS.” PEARL’S MAXIMUM LIABILITY TO AGENT FOR ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR AGENT’S PARTICIPATION IN THE NETWORK SHALL NOT EXCEED THE TOTAL AMOUNT OF THE FEES PAID BY AGENT TO PEARL PURSUANT TO THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE ACT OR OMISSION GIVING RISE TO SUCH LIABILITY.   

  10. Miscellaneous.

    1. Assignment.  Agent may not assign or delegate this Agreement or Agent’s rights or obligations hereunder, in whole or in part, without Pearl’s prior written consent, not to be unreasonably withheld. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement, and it supersedes all prior representations and agreements with respect to the subject matter hereof.

    2. No Partnership. Nothing in this Agreement shall be construed or interpreted to create a legal partnership, agency, or joint venture between the Parties. Neither party shall have the authority to bind the other.

    3. Dispute Resolution.  The parties agree to the following resolution process for all disputes and claims arising out of this Agreement.

      1. First, the non-breaching party shall notify the other party in writing (a “Claim Notice”) promptly upon becoming aware of any claim regarding the parties’ relationship as contemplated hereunder (a “Claim”).  The Claim Notice must include a description of the Claim and a reasonable proposal for resolution. 

      2. The parties shall use good faith efforts to resolve such complaint by engaging in informal discussions regarding the Claim for at least thirty (30) days following the date of the Claim Notice. 

      3. IF THE PARTIES DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE CLAIM NOTICE, THE PARTIES AGREE THAT, EXCEPT AS PERMITTED IN HEREIN, THE NON-BREACHING PARTY MAY TERMINATE THIS AGREEMENT IN ACCORDANCE WITH TERMINATION TERMS ABOVE, AND/OR, IF EITHER PARTY WISHES TO PURSUE FURTHER DISPUTE RESOLUTION, THE CLAIM SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION USING ITS COMMERCIAL ARBITRATION RULES, AVAILABLE HERE.

      4. AS AN EXCEPTION TO THE ABOVE ARBITRATION REQUIREMENT, EITHER PARTY HAS THE RIGHT TO (1) PURSUE A CLAIM IN SMALL CLAIMS COURT OF APPROPRIATE JURISDICTION, OR (2) PURSUE AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO UNAUTHORIZED ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, AND TRADE SECRETS, AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL OF DATA THROUGH USING AN AUTOMATED PROCESS SUCH AS SCRAPING) IN STATE OR FEDERAL COURTS OF COMPETENT SUBJECT MATTER JURISDICTION LOCATED IN CHARLOTTESVILLE, VIRGINIA. BOTH PARTIES AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.

    4. Notice.  All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient or (d) on the third (3rd) day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses indicated below (or at such other address for a party as shall be specified in a notice given in accordance with this Section).

              If to Agent:      via email address provided at time of application to network 

                       If to Pearl:       9450 SW Gemini Drive

                                               PMB 83738

                                               Beaverton, Oregon 97008-7105

                                           [email protected]

                                               Attention: Legal Department

Definitions 

Certifiable Data

Certifiable Data (“Data”) describe a home’s Assets and/or Features. Data may include alphanumeric characters (e.g., an efficiency level, a manufacturer name), photos, PDFs, or other file types. Pearl receives Data from qualified sources, including but not limited to qualified service professionals, manufacturers, and lenders. Pearl third-party certifies that Data by 1) ensuring that the Data came from a qualified source and/or ensuring that there is sufficient supporting documentation verifying the Data and 2) establishing a chain-of-custody so if the Data are disputed, Pearl can employ methods to investigate and resolve data quality issues or concerns. 

Pearl Partner of Record

A Pearl partner that has access to a Home Record. When a Network Member creates a Home Record, they are the default Pearl Partner of Record for that home. They will remain the only Pearl Partner of Record within their Trade Specialization, until and unless the homeowner explicitly requests Pearl to grant access to another Network Member or unless and until that member leaves the Pearl Network.

First-Party Certification

When submitting Certifiable Data, the Network Member certifies that the data are associated with the specific home being certified. THE ACCURACY OF DATA IS CRITICAL. ALL DATA MUST BE ENTERED IN ACCORDANCE WITH​ ​THE​ ​TERMS​ ​OF​​ ​THE​ ​AGREEMENT. By first party certifying the Data, the Network Member takes responsibility for the veracity of Data. 

Based on the Network Member’s Trade Specialization and qualifications, Pearl may accept Data prima facie (i.e., without supporting documentation such as photos) if Data falls within the specific competency of the Qualified Source of data.

Green Door Application (“Green Door”)

A browser-based application that allows a homeowner access to their Home Record, find Pearl partners, and receive guidance on how to maintain and improve their home. This application is connected to the Cert App’s database as a part of the Pearl System.

Home Investment Plans

Home Investment Plans (“HIPs”) provide guidance and recommendations to homeowners.  Members of the Pearl Network may create HIPs and HIPs may include data that has not been “third-party certified” by Pearl. Home Investment Plans may also be customized by a user in Green Door, where the user can select recommendations that were created by a member of the Pearl Network or recommendations that were created by Pearl.

Home Performance Assets

Home Performance Assets (“Assets”) are features of a home that contribute to the home’s comfort, energy efficiency, indoor air quality, water efficiency, durability, and/or energy production and storage. Pearl bundles Assets into five (5) categories: 1) Building Shell, 2) Heating & Cooling, 3) Baseload, 4) Home Management, and 5) Renewables. Home Performance Assets include but are not limited to insulation, windows, mechanical equipment, water heaters, appliances, lighting, smart home devices, and solar panels.

Home Performance Asset Features and Home Performance Features

Home Performance Asset Features and Home Performance Features (“Features,” “Characteristics”) are qualitative or quantitative assessments about a Home Performance Asset, a home, or the process through which the home was constructed or improved. Examples of Home Performance Asset Features include R-values of insulation, SEER values of cooling equipment, whether Assets were installed following quality installation standards, model numbers, and blower door test results. Examples of Home Performance Features include whether the home was built to a certain standard such as ENERGY STAR certified homes, improved under the auspices of a third-party program, or scored or rated by energy modeling software such as Home Energy Score or HERS.

Home Records

Home Records consist of a home address, and may include contacts associated with that home, Certifiable Data about the home, Certification Report(s) of the home, Home Investment Plan(s) created for that home, and notes or comments associated with the Certification process.

Qualified Sources

Pearl receives Certifiable Data from sources that Pearl has determined to be credible and trustworthy. Based upon the specific Assets and/or Features, Qualified Sources may include, but aren’t limited to, contractors, builders, manufacturers, lenders, and programs. Pearl qualifies the source based upon technical competency of the source to provide Certifiable Data about the Asset(s) and/or Feature(s) being certified, as well as the source’s commitment to be held accountable for the veracity of the Data.

Pearl Certification Application (“Cert App”)

The ​Pearl Certification Application is a browser-based software owned by Pearl which enables Qualified Sources to provide Certifiable Data to Pearl. Using an API and/or a user-interface, the Pearl Certification Application enables a Qualified Source to “first-party certify” the Data, enabling Pearl the ability to “third-party certify” the Data. The Cert App includes automated quality control checks, randomized and non-randomized sampling of data, trend analyses, and quality assurance mechanisms to identify defects and to continuously improve, including the ability of Pearl staff to perform manual sampling of the Certifiable Data. The Cert App includes mechanisms to track accountability for the veracity of Certifiable Data for the purposes of: 1) preventing any defects from (re)occurring and 2) holding parties responsible if Certifiable Data are not accurate.

The Cert App serves as Pearl’s primary “chain-of-custody,” is used by Pearl to process and issue Pearl Reports, and is the source for all homes that are made visible on the Pearl Registry or made accessible to homeowners in Green Door.

Pearl Certification System (“Pearl System”)

The “​Pearl Certification System​” collectively refers to Pearl’s proprietary point-based system, algorithms that assign points based on the attributes of Certifiable Data, how Pearl tiers are defined and communicated, software, websites, email accounts, databases and technology relating to the Pearl Certification App, which, among other features and functionality, enables Qualified Sources to remotely enter and submit data relating to a home and its Home Performance Assets using their compatible mobile telephones, portable​ ​devices​ ​and/or​ ​laptop​ ​computers​ ​and​ ​to​ ​access​ ​Home​ ​Records.

Pearl Certification Collateral

Based upon Certifiable Data, Pearl provides Pearl Certification Collateral (“Collateral,” “Packages”) to specific audiences. Examples include Pearl’s “Real Estate Marketing Package” that complements the Certification Report and can be issued to sellers or listing agents.

Pearl Certification Report

Based upon Certifiable Data, Pearl provides official documentation that a Home Performance Asset or a number of Home Performance Assets with specific efficiency and/or other high-performing characteristics exist in the home (“​Pearl Certification Report​,” “Pearl Certification”). Pearl Certification Reports may or may not assign a points-based score (each a “Score​”) to the Home using Pearl’s proprietary certification software. If the home’s score exceeds a certain level and meets other minimum requirements, Pearl certifies the home​ ​based​ ​on​ ​Pearl’s​ ​scoring​ ​system​ ​as​ ​Silver,​ ​Gold​ ​or​ ​Platinum​ ​(each,​ ​​​a​ ​“Pearl​ ​Certification Tier​”). Every Pearl Certification Report includes the Appraisal Institute’s Green and Energy Efficient Addendum populated by Certifiable Data.

Pearl Marks

Pearl Marks include Pearl’s logo, as well as secondary branding elements found in Pearl’s Style Guide.

Intellectual Property

The “Pearl Assets” are, collectively, (1) all software and technology used by Pearl in connection with its home certification services and systems, including without limitation, all software used by Pearl to generate Pearl Asset Certification Reports, Pearl Home Certification Reports, Scores and Pearl Certifications; (2) the Pearl System (including all related software, mobile applications, websites, and databases); (3) all systems, processes, algorithms and methodologies used by Pearl to assess, certify and/or score Homes and Home Performance Assets, including the Pearl System; (4) all Pearl Asset Certification Reports and Pearl Home Certification Reports; and (5) all Intellectual Property Rights in and to any of the foregoing.  The term “Intellectual Property Rights” means all worldwide intangible and proprietary rights whether protected, created or arising under the laws of the United States or any other jurisdiction, including without limitation, all such rights in and to (a) all trademarks, service marks, trade dress, trade names, logos, corporate names, domain names and similar designations of source or origin, together with the goodwill symbolized by any of the foregoing; (b) all copyrights and works of authorship (whether copyrightable or not), including computer programs and rights in data and databases; (c) patents and unpatentable inventions, processes, systems and methodologies; (d) business plans and customer lists; (e) trade secrets, know-how and other confidential or proprietary information; and (f) all other intellectual property, in each case whether registered or unregistered, and including all registrations and applications for such rights and renewals or extensions thereof, and all similar or equivalent rights or forms of protection in any part of the world.  

Pearl owns all right, title, and interest in and to the Pearl Assets, and Network Member shall only have the limited rights to use certain of the Pearl Assets that are expressly granted by Pearl in the Agreement.   

Pearl Network

The Pearl Network consists of qualified professionals that can provide Certifiable Data to Pearl, as well as other stakeholders that promote or support the Pearl System, Pearl’s partners, or the adoption of Pearl’s product and service offerings in the marketplace (“Network Members”).

Pearl Registry

A registry of homes having received a Pearl Certification, a subset of which are public-facing and searchable on Pearl’s public-facing website. Homeowners can opt-in and opt-out of having their home on the Pearl Registry as explained in the Pearl Privacy Policy.

Qualified Professional (“Network Member”)

Service professionals, manufacturers, and lenders that have applied for, and have been accepted into, the Pearl Network. Based upon, and limited to, the Network Member’s Trade Specialization and qualifications, Network Members have the ability to assess the characteristics of a home and propose appropriate services.

Third-Party Certification

Data that had been first party certified and/or for which supporting documentation had been provided that documents the veracity of the Data and has successfully been processed by the Pearl Certification System.  

Third-Party High-Performing Home Verification

Information about a high- performing home presented in a standard format by a third-party organization that maintains a formal process to ensure the quality and accuracy of the data. A “third party” organization is an organization that does not own the high-performing home and did not build or make improvements to it.

Trade Specializations

Trade Specializations represent different categories of goods and services provided by Pearl partners. Pearl categorizes work using Trade Specializations for the purposes of 1) assisting homeowners to find capable professionals that specialize in certain types of work and 2) assisting Pearl partners sharing a Trade Specialization to learn from each other (especially but not exclusively when they are in different geographic markets) 3) assisting Pearl partners that do not share a Trade Specialization to develop working relationships within the same geography and 4) to protect Pearl partner data by limiting access to Home Records.

Certification Requirements and Overview 

The conditions and requirements of this section apply to all Agents in the Pearl Real Estate Network who are certifying homes with Pearl. 

  1. Network Members shall provide Certifiable Data to Pearl in accordance with, and as specified in, this Agreement. Data collected by or for Pearl by other parties, will be owned by Pearl and constitute its intellectual property. Network Member will own all Data relating to a home which Network Member enters into the Pearl Certification App (“Network Member Data”). Network Member represents that it has all necessary rights in and to the Network Member Data. Network Member grants Pearl a non-exclusive, transferable, sublicensable, worldwide, fully paid-up and royalty-free, perpetual license to use and disclose all Network Member Data in connection with the provision of its products and services. If requested by Network Member within sixty (60) days following the expiration or termination of this Agreement, Pearl shall (a) provide Network Member with a copy of all Network Member Data in a standard file format (such as .csv, .xlsx, .html, or .xml); or (b) otherwise make the Network Member Data available to Network Member for a period of at least thirty (30) days following Network Member’s request in order for Network Member to download, copy, export, or save such Network Member Data.

  2. When submitting data, the Network Member certifies that the data is true and accurate and may be used by real estate agents, appraisers, or others to determine the value of the home for which the data is submitted. THE ACCURACY OF DATA IS CRITICAL. ALL DATA MUST BE ENTERED IN ACCORDANCE WITH​ ​THE​ ​TERMS​ HEREIN.

  3. When a Network Member creates a Home Record, such Network Member’s Pearl Account is automatically connected to such Home Record and such Network Member shall be a “​Pearl Partner of Record​” for such home. In all other cases, a connection between a Home Record and a Network Member’s Pearl Account requires that the connection be requested and approved by the applicable homeowner, by Pearl or by an existing Pearl Partner of Record, as described in the following paragraph. Once a connection between a Network Member and a Home Record has been established, such Network Member will be able to view certain aspects of the Home Record, including, to the extent allowed by the Pearl System, the history of which Network Member entered any specific Data. If the connection between a Network Member’s Pearl Account and a Home Record is terminated, such Network Member will continue to have access to all associated Data existing before such disconnection but will not be able to view any Data added or updated after such disconnection. Upon the expiration, cancellation, or termination of a Network Member’s participation in the Network, such Network Member’s​ ​Pearl​ ​Account​ ​will​ ​be​ ​disconnected​ ​from​ ​all​ ​Home​ ​Records.

Each Home Record may have one or more designated Existing Pearl Partner of Record (defined below). When a Network Member either: (1) creates a Home Record; or (2) provides services with respect to a home that already has a Home Record but does not have a designated Pearl Partner of Record, such Network Member will be designated as the Pearl Partner of Record for such Home Record with respect to the Trade Specializations which the homeowner actually engaged such Network Member to perform. If a Network Member provides services with respect to a home for which there is an existing Home Record and another Network Member is the Pearl Partner of Record for such Home Record with respect to a particular Trade Specialization (an “Existing Pearl Partner of Record”), (a) the Existing Pearl Partner of Record will remain the Pearl Partner of Record for such Trade Specialization until the connection between such Existing Pearl Partner of Record’s Pearl Account and such Home Record is terminated; and (b) such Network Member will not be able to access such Home Record unless such Network Member receives permission (which may be provided by email or text message) from the applicable homeowner, from Pearl, or from the Existing Pearl Partner of Record. For example, if a Network Member’s Trade Specialization is HVAC installation and repair, and another Network Member provides services for a home for which there is an existing Home Record and the Trade Specialization of the Existing Pearl Partner of Record for such Home Record is also HVAC installation and repair, the other Network Member will not be able to access such Home Record unless such Network Member receives permission from the applicable homeowner, from Pearl, or from the Existing Pearl Partner of Record. However, if the Trade Specialization of the Existing Pearl Partner of Record for such Home Record is plumbing, such Network Member will be able to access such Home Record and will be the Pearl Partner of Record for the Trade Specialization​ ​of​ ​HVAC​ ​installation​ ​and​ ​repair. The Pearl System will enable a Network Member to designate certain Certifiable Data, such as photos and supporting documentation, to be hidden from homeowners and hidden from any other Network Member.

  1. Pearl may, at its sole discretion, from to time, make available certain products, services or benefits to homeowners (each, a “​Homeowner Tool​”), such as homeowner-facing “Green Door” accounts in the Pearl System which enable a homeowner to access and manage Data relating to his/her home. Pearl will distribute information relating to Homeowner Tools from time to time and may update the Agreement to include terms and conditions relating to certain Homeowner Tools. When made available, Network Members shall offer applicable Homeowner Tools to homeowners in accordance with the directions​ ​issued​ ​by​ ​Pearl. Pearl may display advertisements within the Pearl System and may send marketing materials to users thereof, including homeowners enrolled by Network Members, and such advertisements and marketing materials may promote the products and services of manufacturers, retailers, and other third parties. However, Pearl will use commercially reasonable efforts to not display advertisements or send marketing materials to homeowners enrolled by a Network Members relating to Trade Specializations performed by such Network Member that advertise the services of other competing members with respect​ ​to​ ​such​ ​Trade​ ​Specializations.

  2. To maintain the integrity and reputation of the Pearl brand and the Network, to meet its role as a third-party provider of Certifiable Data, and to deliver homeowner satisfaction, Pearl performs quality control and quality assurance on Certifiable Data submitted by the Network Members. Each Network​ ​Member​ ​shall​ ​support​ ​and​ ​comply​ ​with​ ​the​ ​requirements to deliver Certifiable Data, ​which​ ​includes​ ​the​ ​following:

    1. Member will undertake necessary training, if and as applicable, to ensure its data meet the requirements to become Certifiable Data.

    2. Member will ensure that staff members do not share user accounts.

    3. Pearl will conduct quality control on the Data, that may include but be not limited to Pearl staff reviewing the submitted Data and supporting documentation as well as corroborating the Data through manufacturer data sources and public records. Member will be responsive to requests for clarification or further validation of its submitted Data based on these quality control procedures.

    4. Pearl will establish and improve its quality assurance processes, including but not limited to measuring and tracking the ability of Network Members to provide true and accurate Certifiable Data, as well as the Network Members’ ability to continue to meet the qualifications of the Network. A Network Member must promptly correct any deficiencies identified by Pearl. Member agrees that it will meet the requirements and failure to do so may result in removal from the Network. 

  3. A Network Member shall perform all Member Services in a good, workmanlike, professional manner in accordance with the applicable standards of such Network Member’s profession and in conformance with the terms of this Agreement.