TERMS AND CONDITIONS

Best Real Estate Agent (bestrealestateagent.com.au)

Powered by XLR8 Media

Last Updated: 8 February 2026

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Terms and Conditions:

"Agreement" means these Terms and Conditions together with any Service Agreement or other documentation referenced herein.

"Agent" means a licensed real estate agent or real estate agency registered to conduct real estate services in Australia who registers for and uses the Services.

"Best Real Estate Agent" or "we" or "us" or "our" means XLR8 Media Holdings Pty Ltd ATF Llewellin Family Trust, ABN 75 533 606 065, operating the website bestrealestateagent.com.au.

"Consumer" means a property owner, vendor, or prospective seller who uses the Platform to find and compare real estate agents.

"Introduction" means the connection facilitated by the Platform between a Consumer and an Agent, including the provision of Consumer contact details and property information to the Agent.

"Lead" means verified contact information and property details for a Consumer who has expressed interest in selling their property and has consented to be contacted by Agents.

"Marketing Success Fee" means the tiered fee structure set out in clause 5.2, payable by the Agent upon Settlement.

"Platform" means the website bestrealestateagent.com.au and any associated technology, software, or services provided by us.

"Qualified Lead" means a Lead that meets the qualification criteria set out in clause 4.3.

"Services" means the marketing, lead generation, and agent comparison services provided by us as described in these Terms.

"Service Agreement" means any additional written agreement between us and an Agent governing the provision of Services.

"Settlement" means the completion of a property sale transaction, being the date when legal title to the property transfers to the purchaser and settlement funds are exchanged.

"XLR8 Media" means XLR8 Media Holdings Pty Ltd ATF Llewellin Family Trust, ABN 75 533 606 065, the marketing and technology provider powering the Platform.

1.2 Interpretation

In these Terms:

(a) References to clauses are references to clauses of these Terms;

(b) Headings are for convenience only and do not affect interpretation;

(c) The singular includes the plural and vice versa;

(d) References to persons include corporations and other legal entities;

(e) References to statutes include amendments and replacements.

2. ABOUT OUR SERVICES

2.1 Service Description

Best Real Estate Agent provides marketing, lead generation, and comparison services to licensed real estate agents. Our Services include:

(a) Operating a consumer-facing platform that allows property owners to research and compare real estate agents;

(b) Generating qualified seller leads through digital marketing, SEO, and advertising campaigns;

(c) Pre-qualifying Consumers to assess their readiness to sell and property details;

(d) Introducing qualified Consumers to suitable Agents based on location, expertise, and Consumer preferences;

(e) Providing lead contact information and property details to Agents;

(f) Facilitating initial communication between Consumers and Agents.

2.2 Technology and Marketing Provider

The Platform is powered by XLR8 Media, which provides:

(a) SEO and digital marketing technology;

(b) Lead generation systems and campaigns;

(c) Platform infrastructure and hosting;

(d) Data analytics and reporting tools.

2.3 Platform Characterization

Best Real Estate Agent operates as a marketing, lead generation, and comparison platform. We do not:

(a) Hold a real estate agent license in any Australian state or territory;

(b) Provide real estate services as defined by applicable legislation;

(c) Act as an agent, represent parties, or negotiate property transactions;

(d) Provide professional real estate, financial, or legal advice;

(e) Handle trust money, deposits, or settlement funds;

(f) Execute agency agreements or contracts of sale.

Our Services are limited to marketing, advertising, lead generation, and facilitating introductions between Consumers and licensed Agents.

The Marketing Success Fee is payment for these marketing and lead generation services, not a share of commission or transaction proceeds.

2.4 Consumer Disclosure

Consumers who use the Platform are informed that:

(a) We do not hold a real estate license;

(b) We operate as a comparison and lead generation platform;

(c) Agents pay us a marketing fee when sales settle;

(d) This fee does not increase the Agent's commission or Consumer's costs;

(e) Consumers are not obligated to use any Agent we introduce.

3. AGENT ELIGIBILITY AND REGISTRATION

3.1 Licensing Requirements

To use our Services, Agents must:

(a) Hold a current, valid real estate license or registration issued by the appropriate regulatory authority in the state(s) or territory(ies) where they operate;

(b) Be authorized to conduct real estate sales and marketing activities;

(c) Maintain professional indemnity insurance as required by law;

(d) Comply with all applicable real estate legislation and regulations;

(e) Be a member in good standing with relevant regulatory bodies.

3.2 Registration Process

Agents must:

(a) Complete our online registration form accurately and completely;

(b) Provide evidence of current real estate licensing;

(c) Provide ABN and business details;

(d) Verify their identity and authority to bind their agency;

(e) Accept these Terms and any Service Agreement.

3.3 Verification

We reserve the right to:

(a) Verify Agent licensing status with regulatory authorities;

(b) Request additional documentation to confirm eligibility;

(c) Reject any application at our sole discretion;

(d) Suspend or terminate access if licensing lapses or is revoked.

3.4 Representations and Warranties

By registering, each Agent represents and warrants that:

(a) They hold all necessary licenses and authorizations;

(b) They have authority to bind their agency to these Terms;

(c) All information provided is accurate and current;

(d) They will comply with all applicable laws and regulations;

(e) They will maintain current licensing throughout the term of this Agreement;

(f) They have sought independent legal advice or waive the right to claim they did not understand these Terms.

4. HOW OUR SERVICES WORK

4.1 Consumer Engagement

We generate Leads through:

(a) SEO-optimized content and organic search traffic;

(b) Paid digital advertising campaigns;

(c) Educational resources and property market information;

(d) Agent comparison tools and market data;

(e) Consumer referrals and word-of-mouth.

4.2 Lead Qualification

Before providing an Introduction, we:

(a) Verify Consumer contact information;

(b) Confirm property ownership or authority to sell;

(c) Assess timeline and motivation to sell;

(d) Collect property details (type, location, estimated value, condition);

(e) Understand Consumer preferences for agent selection;

(f) Obtain consent to share information with Agents.

4.3 Qualified Lead Criteria

A Qualified Lead must meet the following criteria:

(a) Valid, verified contact details (phone and email);

(b) Confirmed property ownership or legal authority to sell;

(c) Property located in Agent's registered service area;

(d) Consumer has expressed genuine intent to sell (not just curiosity);

(e) Consumer has consented to be contacted by Agents;

(f) Consumer understands our fee structure and has not objected.

4.4 Agent Matching

We match Consumers with Agents based on:

(a) Geographic location and service area;

(b) Property type and estimated value range;

(c) Agent experience and track record;

(d) Consumer preferences and requirements;

(e) Agent availability and capacity.

Typically, we introduce each Consumer to 1-3 Agents.

4.5 Introduction Process

When we provide an Introduction:

(a) We provide the Agent with Consumer contact details and property information;

(b) We notify the Consumer that we have shared their details with selected Agents;

(c) We confirm to the Agent that the Marketing Success Fee will apply if they successfully sell the property;

(d) The Agent is responsible for all subsequent contact, communication, and relationship development;

(e) We may provide follow-up support or additional information as requested.

4.6 No Guarantee of Engagement

We do not guarantee that:

(a) Any Consumer will engage the Agent's services;

(b) Any Introduction will result in a listing or sale;

(c) The Agent will be the only agent contacted by the Consumer;

(d) Property information provided will be completely accurate;

(e) The Consumer's circumstances will not change;

(f) Any specific number of Introductions will be provided to any Agent.

5. FEES AND PAYMENT

5.1 Fee Structure

Our Services are provided on a performance-based model. Agents pay a Marketing Success Fee only when a property sale completes at Settlement.

There are no upfront fees, subscription fees, or per-lead charges under this Agreement.

5.2 Marketing Success Fee Schedule

The Marketing Success Fee is a flat fee based on the final settled sale price of the property:

Sale Price Range Marketing Success Fee (excluding GST)

Under $750,000 - $2,500

$750,000 - $1,499,999 - $3,500

$1,500,000 and above - $4,500

All fees are exclusive of GST.

5.3 When Fees Become Payable

The Marketing Success Fee becomes payable when:

(a) The Agent (or their agency) successfully sells the property;

(b) The property was introduced to the Agent through our Services;

(c) Settlement of the sale completes;

(d) The Introduction occurred within 24 months prior to the listing agreement being signed;

(e) All conditions in clause 5.4 are satisfied.

5.4 Conditions for Fee Payment

The Marketing Success Fee is ONLY payable if:

(a) The Consumer was introduced to the Agent through the Platform;

(b) The Agent had no prior substantive relationship with the Consumer (see clause 5.5);

(c) The Introduction was a Qualified Lead meeting the criteria in clause 4.3;

(d) The Agent successfully lists and sells the property;

(e) Settlement completes (not merely exchange of contracts);

(f) The Agent has not previously notified us of an existing relationship with the Consumer.

5.5 Existing Relationships

No Marketing Success Fee is payable if:

(a) The Agent had an existing relationship with the Consumer prior to our Introduction;

(b) The Consumer was already an active lead in the Agent's database;

(c) The Agent can demonstrate prior substantive contact with the Consumer (email, phone, meeting);

(d) The Consumer initiated contact with the Agent independently before our Introduction.

Agents must notify us within 48 hours of receiving an Introduction if an existing relationship exists.

Failure to notify within 48 hours constitutes acceptance that no prior relationship existed.

5.6 Fee Calculation

The Marketing Success Fee is calculated based on:

(a) The final settled sale price as stated on the settlement statement;

(b) The applicable tier in clause 5.2;

(c) Not including any vendor contributions, rebates, or adjustments.

5.7 Multiple Properties

If a Consumer sells multiple properties following an Introduction:

(a) The Marketing Success Fee applies only to the first property sold following the Introduction;

(b) Subsequent properties sold by the same Consumer do not attract additional fees unless separately introduced by us.

5.8 Invoice and Payment

(a) We will invoice the Agent within 14 days of becoming aware of Settlement;

(b) Payment is due within 14 days of the invoice date;

(c) Payment must be made by bank transfer to our nominated account;

(d) Late payments may incur interest at 10% per annum;

(e) We reserve the right to suspend Services for overdue accounts exceeding 30 days.

5.9 GST

(a) All fees quoted include GST;

(b) Tax invoices will be issued in accordance with Australian tax law;

(c) Agents must provide valid ABN details for tax purposes.

5.10 Disputed Fees

If an Agent disputes a Marketing Success Fee:

(a) The Agent must notify us in writing within 7 days of the invoice date;

(b) The notice must specify the grounds for dispute with supporting evidence;

(c) Payment of undisputed amounts must still be made on time;

(d) We will investigate and respond within 14 days;

(e) Disputes not raised within 7 days are deemed waived.

5.11 Fee Attribution Period

The Marketing Success Fee applies if:

(a) Settlement occurs within 24 months of the Introduction date; OR

(b) A listing agreement is signed within 12 months of the Introduction date and Settlement subsequently occurs;

whichever provides the longer attribution period.

After this period, the fee obligation expires unless a listing agreement was already in place.

6. AGENT OBLIGATIONS

6.1 Professional Standards

Agents must:

(a) Maintain current real estate licensing at all times;

(b) Comply with all applicable real estate legislation and codes of conduct;

(c) Act professionally and ethically in all dealings with Consumers;

(d) Provide accurate information to Consumers about services and fees;

(e) Not make misleading or deceptive representations;

(f) Maintain professional indemnity insurance with minimum coverage of $5,000,000;

(g) Handle trust money in accordance with legal requirements.

6.2 Disclosure to Consumers

Agents MUST disclose to Consumers:

(a) That the Agent was introduced to the Consumer through the Best Real Estate Agent platform;

(b) That the Agent will pay us a Marketing Success Fee if they sell the Consumer's property;

(c) The amount of the Marketing Success Fee applicable to their property price range;

(d) That the Marketing Success Fee is separate from the Agent's commission;

(e) That the Marketing Success Fee does not increase the Consumer's costs.

This disclosure must be:

• Made at the first substantive meeting or within 48 hours of Introduction;
• In writing (email is acceptable);
• Clear, prominent, and unambiguous;
• Documented and retained by the Agent.

Sample disclosure wording:

"I was introduced to you through BestRealEstateAgent.com.au. If I successfully sell your property, I will pay them a marketing fee of [amount] on settlement. This fee is separate from my commission and does not increase your costs as a seller."

6.3 Prohibited Conduct

Agents must NOT:

(a) Pass on or attempt to pass on the Marketing Success Fee to Consumers;

(b) Increase their commission or fees to Consumers to offset our fee;

(c) Represent that Consumers must pay higher fees due to our Introduction;

(d) Make false or misleading statements about our Services;

(e) Disparage or denigrate our Services to Consumers;

(f) Attempt to circumvent fee obligations by delaying listings or settlements;

(g) Share Consumer information with third parties without consent;

(h) Use Consumer information for purposes other than selling the property;

(i) Contact Consumers for unrelated marketing purposes without separate consent.

6.4 Notification Obligations

Agents must notify us:

(a) Within 48 hours if an existing relationship with a Consumer exists;

(b) Within 7 days when a Consumer signs a listing agreement;

(c) Within 7 days when a property goes under contract;

(d) Within 7 days of Settlement completion (including settlement statement);

(e) Immediately if licensing status changes or lapses;

(f) Within 48 hours of any complaints or disputes with Consumers related to our Introduction;

(g) Within 7 days if the Consumer decides not to proceed with selling.

Notifications should be sent to: info@bestrealestateagent.com.au

6.5 Record Keeping

Agents must maintain records of:

(a) All communications with introduced Consumers;

(b) Disclosure of our fee arrangement (written evidence);

(c) Listing agreements and contracts of sale;

(d) Settlement statements;

(e) Any existing relationships with Consumers prior to Introduction;

(f) Payment receipts for Marketing Success Fees.

These records must be retained for 7 years and provided to us upon reasonable request for verification purposes.

6.6 Data Protection

Agents must:

(a) Comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles;

(b) Use Consumer information only for the purpose of selling the introduced property;

(c) Implement reasonable security measures to protect Consumer data;

(d) Not sell, rent, or share Consumer information without consent;

(e) Delete or de-identify Consumer information when no longer required, unless legal retention applies;

(f) Notify us immediately of any data breach involving Consumer information we provided.

7. OUR OBLIGATIONS AND SERVICE STANDARDS

7.1 Service Standards

We will use reasonable efforts to:

(a) Provide Qualified Leads that meet the criteria in clause 4.3;

(b) Verify Consumer information before providing Introductions;

(c) Match Consumers with suitable Agents based on stated criteria;

(d) Respond to Agent queries within 2 business days;

(e) Maintain Platform uptime and availability;

(f) Protect Consumer and Agent data in accordance with privacy laws.

7.2 Lead Quality Guarantee

If a Lead does not meet the Qualified Lead criteria in clause 4.3:

(a) The Agent must notify us within 7 days of Introduction;

(b) The Agent must provide evidence of the deficiency (e.g., fake contact details, no property ownership, no genuine intent);

(c) We will investigate and, if substantiated, waive the Marketing Success Fee for that Lead;

(d) This guarantee does not apply if:

• The Consumer's circumstances change after Introduction (e.g., decides not to sell);
• The Consumer chooses a different agent;
• The Agent fails to follow up appropriately;
• The property does not sell for market-related reasons.

7.3 No Guarantee of Results

We do NOT guarantee:

(a) Any specific number of Leads or Introductions to any Agent;

(b) That any Lead will result in a listing or sale;

(c) The complete accuracy of all Consumer-provided information;

(d) That Consumers will not engage other agents;

(e) Property sale prices or timelines;

(f) Consumer satisfaction with Agent services;

(g) That Introductions will be exclusive (we may introduce Consumers to multiple Agents).

7.4 Platform Availability

(a) We aim for 99% Platform uptime but do not guarantee continuous availability;

(b) Scheduled maintenance will be notified in advance where possible;

(c) We are not liable for disruptions beyond our reasonable control;

(d) Force majeure events may affect service delivery.

7.5 Consumer Complaints

If we receive complaints about an Agent:

(a) We will notify the Agent and provide complaint details;

(b) We may suspend providing Leads pending investigation;

(c) Serious misconduct may result in immediate termination;

(d) We may report serious breaches to regulatory authorities;

(e) The Agent must cooperate with any investigation.

8. INTELLECTUAL PROPERTY

8.1 Platform Ownership

All intellectual property in the Platform, including:

(a) Website design, layout, and user interface;

(b) Software, code, and algorithms;

(c) Marketing materials and content;

(d) Logos, trademarks, and branding ("Best Real Estate Agent", "BestRealEstateAgent.com.au");

(e) Data analytics and reporting tools;

is owned by XLR8 Media Holdings Pty Ltd ATF Llewellin Family Trust.

8.2 License to Use

We grant Agents a limited, non-exclusive, non-transferable license to:

(a) Access and use the Platform for receiving Introductions and managing their account;

(b) Use provided marketing materials in accordance with our guidelines (if any);

(c) Reference that they are registered on the Platform (subject to our approval).

This license terminates when the Agent's registration ends.

8.3 Restrictions

Agents must NOT:

(a) Copy, modify, reverse engineer, or create derivative works of the Platform;

(b) Extract or scrape data systematically;

(c) Use our intellectual property for competing services;

(d) Remove or obscure intellectual property notices;

(e) Grant sublicenses or transfer rights to third parties;

(f) Use our branding in a way that suggests partnership, endorsement, or affiliation beyond the Services provided.

8.4 Branding

(a) "Best Real Estate Agent" and "BestRealEstateAgent.com.au" are our trademarks;

(b) "XLR8 Media" and associated branding are trademarks of XLR8 Media;

(c) Agents may only use our branding with prior written approval;

(d) Any approved use must comply with our brand guidelines;

(e) All goodwill accrues to us.

9. PRIVACY AND DATA PROTECTION

9.1 Privacy Laws

We comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

9.2 Privacy Policy

Our Privacy Policy (available at bestrealestateagent.com.au/privacy-policy) explains:

(a) What information we collect;

(b) How we use, store, and protect information;

(c) When we disclose information to third parties (including Agents);

(d) Rights to access and correct information;

(e) How to make privacy complaints.

The Privacy Policy forms part of this Agreement.

9.3 Consumer Consent

Before providing Introductions, we obtain Consumer consent to:

(a) Share their information with selected Agents (typically 1-3);

(b) Use their information for marketing and analytics;

(c) Contact them about our Services;

(d) Store their information in accordance with our Privacy Policy.

9.4 Agent Data Use

By using our Services, Agents consent to us:

(a) Collecting and storing Agent information and licensing details;

(b) Using Agent performance data for matching and analytics;

(c) Displaying Agent profiles and information to Consumers on the Platform (with Agent approval);

(d) Using aggregated, anonymized data for research and service improvement.

9.5 Data Security

We implement reasonable security measures to protect:

(a) Consumer personal information;

(b) Agent business information;

(c) Transaction and financial data;

(d) Login credentials and access controls.

However, we cannot guarantee absolute security and are not liable for unauthorized access beyond our reasonable control.

9.6 Data Retention

We retain data for:

(a) Consumer information: 7 years or as required by law;

(b) Agent information: Duration of relationship plus 7 years;

(c) Transaction records: 7 years for tax and legal purposes;

(d) Communications: 3 years unless longer retention required.

10. LIABILITY AND INDEMNITY

10.1 Limitation of Liability

To the maximum extent permitted by law:

(a) Our total liability for any claim is limited to the total Marketing Success Fees paid by the Agent in the 12 months prior to the event giving rise to the claim;

(b) We are not liable for indirect, consequential, incidental, special, or punitive damages;

(c) We are not liable for lost profits, revenue, business, opportunities, or goodwill;

(d) We are not liable for Consumer conduct, misrepresentations, changed circumstances, or decisions;

(e) We are not liable for Agent failure to secure listings, complete sales, or earn commissions;

(f) We are not liable for regulatory action taken against Agents;

(g) We are not liable for disputes between Agents and Consumers.

10.2 Consumer Guarantees

Nothing in these Terms excludes or limits rights under the Australian Consumer Law (ACL) that cannot be excluded or limited by law.

Where the ACL applies and we are liable for failure to comply with a consumer guarantee:

(a) Our liability is limited to re-supplying the Services or paying the cost of re-supply;

(b) This limitation applies unless it would not be fair or reasonable to do so.

10.3 Agent Indemnity

Agents indemnify and hold us harmless against all claims, losses, damages, liabilities, and costs (including reasonable legal fees) arising from or related to:

(a) Agent breach of these Terms;

(b) Agent breach of real estate laws, regulations, or licensing requirements;

(c) Agent misrepresentations, misconduct, or negligence toward Consumers;

(d) Agent failure to make required disclosures;

(e) Agent breach of privacy or data protection laws;

(f) Agent infringement of third-party intellectual property rights;

(g) Agent provision of real estate services or advice;

(h) Disputes between Agent and Consumers;

(i) Regulatory action taken against Agent related to our Introduction.

This indemnity survives termination of the Agreement.

10.4 Consumer Claims

If a Consumer makes a claim against us arising from an Agent's conduct:

(a) We will notify the Agent promptly;

(b) The Agent must cooperate fully with our response;

(c) The Agent's indemnity in clause 10.3 applies;

(d) We may join the Agent to any legal proceedings;

(e) Settlement or resolution requires Agent consent if the Agent's indemnity applies.

10.5 Insurance

Agents must maintain:

(a) Professional indemnity insurance with minimum coverage of $5,000,000;

(b) Public liability insurance as required by law;

(c) Any other insurance required by real estate regulations in their jurisdiction;

(d) Evidence of current insurance must be provided to us on request.

11. TERM AND TERMINATION

11.1 Term

This Agreement commences when the Agent completes registration and accepts these Terms, and continues until terminated by either party.

11.2 Termination by Agent

Agents may terminate this Agreement:

(a) At any time by providing 30 days' written notice to info@bestrealestateagent.com.au;

(b) Termination does not affect fee obligations for Introductions already provided;

(c) Marketing Success Fees remain payable for sales settling within the attribution period (clause 5.11);

(d) Access to the Platform will be removed upon effective termination date.

11.3 Termination by Us

We may terminate this Agreement immediately by written notice if:

(a) The Agent breaches these Terms and fails to remedy within 14 days of written notice;

(b) The Agent's real estate license lapses, is suspended, or is revoked;

(c) The Agent engages in misconduct, fraud, illegal activity, or unethical conduct;

(d) The Agent becomes insolvent, bankrupt, or enters administration;

(e) The Agent receives serious or repeated Consumer complaints;

(f) The Agent fails to pay invoiced fees within 30 days of due date;

(g) The Agent disparages our Services or provides false information;

(h) The Agent attempts to circumvent fee obligations;

(i) We reasonably believe the Agent poses a risk to Consumers or our reputation.

We may also terminate without cause by providing 30 days' written notice.

11.4 Effect of Termination

Upon termination:

(a) The Agent's access to the Platform ceases immediately;

(b) All outstanding fees become immediately due and payable;

(c) Marketing Success Fee obligations survive for Introductions already made (clause 5.11);

(d) The Agent must immediately cease using our branding and intellectual property;

(e) Confidentiality obligations continue indefinitely;

(f) Indemnity obligations continue indefinitely;

(g) Data retention provisions in clause 9.6 apply;

(h) Clauses that by their nature should survive termination remain in effect.

11.5 No Refunds

We do not provide refunds of Marketing Success Fees after Settlement, except:

(a) Where we agree the Lead did not meet Qualified Lead criteria (clause 7.2);

(b) Where the sale is rescinded and Settlement does not ultimately complete;

(c) Where we made a clear error in fee calculation;

(d) As required by law.

12. DISPUTE RESOLUTION

12.1 Good Faith Negotiation

Before commencing formal proceedings, parties must:

(a) Notify the other party in writing of the dispute, including full details;

(b) Meet (in person or virtually) within 14 days to negotiate in good faith;

(c) Use reasonable efforts to resolve the dispute amicably;

(d) Escalate to senior management if initial discussions fail.

12.2 Mediation

If negotiation fails within 30 days, parties must:

(a) Refer the dispute to mediation before commencing litigation;

(b) Agree on a mediator within 14 days (or appoint via Resolution Institute);

(c) Share mediation costs equally;

(d) Attend mediation in good faith;

(e) Keep mediation discussions confidential.

12.3 Litigation

If mediation fails or is inappropriate for the dispute:

(a) Either party may commence legal proceedings;

(b) Exclusive jurisdiction is the courts of New South Wales, Australia;

(c) Each party bears its own legal costs unless a court orders otherwise.

12.4 Urgent Relief

Nothing in this clause prevents either party from seeking:

(a) Urgent interlocutory or injunctive relief;

(b) Orders for specific performance;

(c) Debt recovery for undisputed amounts;

(d) Protection of intellectual property rights.

12.5 Continued Performance

Unless otherwise agreed, parties must continue performing their obligations under this Agreement during dispute resolution.

13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms (together with any Service Agreement, Privacy Policy, and referenced documents) constitute the entire agreement between the parties and supersede all prior negotiations, representations, understandings, and agreements.

13.2 Amendments

(a) We may amend these Terms at any time by posting updated Terms on the Platform with a new "Last Updated" date;

(b) We will notify Agents of material changes by email to their registered email address;

(c) Continued use of Services after amendment constitutes acceptance of the updated Terms;

(d) Agents who do not accept amendments may terminate under clause 11.2 within 30 days of notice;

(e) Amendments do not affect rights, obligations, or liabilities that accrued before the amendment took effect.

13.3 Severability

If any provision of these Terms is invalid, illegal, or unenforceable:

(a) That provision is severed to the minimum extent necessary;

(b) Remaining provisions continue in full force and effect;

(c) The invalid provision is replaced with a valid provision that most closely achieves the original intent.

13.4 Waiver

(a) Failure or delay in enforcing any right is not a waiver of that right;

(b) Waiver of a breach does not constitute waiver of any subsequent breach;

(c) Waivers must be in writing and signed by the waiving party.

13.5 Assignment

(a) Agents may not assign, transfer, or novate their rights or obligations under this Agreement without our prior written consent;

(b) We may assign or transfer our rights and obligations to a related entity, successor, or purchaser of our business;

(c) Any attempted unauthorized assignment is void.

13.6 Relationship of Parties

(a) This Agreement does not create a partnership, joint venture, employment, or agency relationship;

(b) Agents are independent contractors;

(c) Neither party has authority to bind the other or make commitments on the other's behalf;

(d) Agents are solely responsible for their own tax obligations, insurance, and compliance.

13.7 Notices

Notices under this Agreement must be:

(a) In writing (email is acceptable);

(b) Sent to the address or email last notified by the recipient;

(c) Deemed received:

• If by email: on transmission (unless sender receives a delivery failure notice);
• If by post: 3 business days after posting within Australia;
• If by hand delivery: on delivery.

Our contact details for notices:

Email: info@bestrealestateagent.com.au
Address: Level 17, 9 Castlereagh Street, Sydney NSW 2000
Attention: Operations Manager

13.8 Governing Law and Jurisdiction

(a) This Agreement is governed by the laws of New South Wales, Australia;

(b) Parties submit to the non-exclusive jurisdiction of the courts of New South Wales;

(c) Agents consent to proceedings being conducted remotely where permitted.

13.9 Survival

The following clauses survive termination of this Agreement:

• Clause 5 (Fees and Payment) — for Introductions made before termination
• Clause 6.5 (Record Keeping)
• Clause 8 (Intellectual Property)
• Clause 9 (Privacy and Data Protection)
• Clause 10 (Liability and Indemnity)
• Clause 12 (Dispute Resolution)
• Clause 13 (General Provisions)

13.10 Force Majeure

Neither party is liable for failure or delay in performing obligations due to events beyond reasonable control, including:

(a) Natural disasters, pandemics, epidemics, or acts of God;

(b) War, terrorism, civil unrest, or government action;

(c) Internet, telecommunications, or infrastructure failures not caused by the affected party;

(d) Power outages, fire, flood, or extreme weather;

(e) Labor disputes, strikes, or lockouts.

Affected obligations are suspended during the force majeure event. If the event continues for more than 90 days, either party may terminate this Agreement on written notice.

13.11 Counterparts

This Agreement may be executed in counterparts, each of which is deemed an original and all of which together constitute one agreement. Electronic signatures are valid and binding.

13.12 Costs

Each party bears its own costs of negotiating, preparing, executing, and performing this Agreement unless otherwise specified.

13.13 Further Assurances

Each party must do all things and execute all documents necessary to give full effect to this Agreement.

14. BUSINESS ENTITY INFORMATION

Best Real Estate Agent is operated by:

Full Legal Name: XLR8 Media Holdings Pty Ltd ATF Llewellin Family Trust

ABN: 75 533 606 065

Registered Address: Level 17, 9 Castlereagh Street, Sydney NSW 2000

Email: info@bestrealestateagent.com.au

Phone: 02 8287 3333

Website: bestrealestateagent.com.au

Powered by: XLR8 Media (xlr8.media)

15. REGULATORY COMPLIANCE STATEMENTS

15.1 Not a Licensed Real Estate Agent

Best Real Estate Agent does not hold real estate agent licenses in any Australian state or territory.

Our Services are limited to marketing, lead generation, comparison tools, and facilitating introductions between property owners and licensed real estate agents.

We do not:

• Provide real estate advice or services as defined by legislation;
• Represent buyers, sellers, or agents in property transactions;
• Negotiate sales, prices, or terms;
• Execute or witness contracts;
• Handle trust money, deposits, or settlement funds;
• Conduct property inspections or appraisals;
• Act as an agent, auctioneer, or property manager.

15.2 Consumer Disclosure

Property owners who use our Platform are informed that:

(a) We operate as a marketing and lead generation platform;

(b) We do not hold a real estate license;

(c) Real estate agents pay us a Marketing Success Fee when sales settle;

(d) This fee is paid by the Agent from their business revenue;

(e) This fee does not increase the Agent's commission rate;

(f) This fee does not increase the Consumer's selling costs;

(g) Consumers are not obligated to use any Agent we introduce;

(h) Consumers should conduct their own research and due diligence when selecting an Agent;

(i) All real estate services are provided by the licensed Agent, not by us.

15.3 Marketing Fee Characterization

The Marketing Success Fee is:

(a) Payment for marketing, advertising, and lead generation services provided to Agents;

(b) A legitimate business expense for Agents;

(c) Separate from and not part of the Agent's commission;

(d) Not a share of, split of, or deduction from the Agent's commission;

(e) Performance-based compensation for marketing services (payable on successful outcome);

(f) Not dependent on the Agent's commission rate or structure.

Agents acknowledge and agree that the Marketing Success Fee:

• Is paid from the Agent's own business revenue or income;
• Represents fair market value for the marketing services provided;
• Does not constitute commission sharing with an unlicensed person;
• Is disclosed to Consumers as required by clause 6.2.

15.4 Agent Responsibility

Agents acknowledge and agree that:

(a) They are solely responsible for all real estate services, advice, and activities;

(b) They maintain all required licenses, insurance, and compliance;

(c) They have sought independent legal advice regarding this Agreement or waive the right to claim otherwise;

(d) They understand the regulatory implications of this Agreement in their jurisdiction;

(e) They will comply with all disclosure and consumer protection obligations;

(f) We are not responsible for their conduct, advice, or professional obligations.

15.5 Complaints Process

Consumer or Agent complaints should be directed to:

Email: info@bestrealestateagent.com.au
Phone: 02 8287 3333
Mail: Level 17, 9 Castlereagh Street, Sydney NSW 2000

We will:

• Acknowledge complaints within 2 business days;
• Investigate thoroughly and fairly;
• Respond within 14 days with outcome or progress update;
• Escalate unresolved complaints to senior management.

Agents may also contact relevant regulatory authorities in their state or territory if they believe we have breached applicable laws.

16. ACKNOWLEDGMENTS AND ACCEPTANCE



By registering for and using our Services, Agents acknowledge and agree that:

(a) They have read, understood, and accept these Terms in full;

(b) They accept and will comply with all obligations under this Agreement;

(c) They have sought independent legal advice or waive the right to claim they did not understand these Terms;

(d) They understand the Marketing Success Fee structure and payment obligations;

(e) They will make all required disclosures to Consumers as specified in clause 6.2;

(f) They hold all necessary licenses, insurance, and authorizations to provide real estate services;

(g) All information provided to us is accurate, complete, and current;

(h) They will notify us immediately of any changes to their circumstances, licensing, or contact details;

(i) They understand that we do not hold a real estate license and operate as a marketing platform only;

(j) They accept the risks associated with participating in this Agreement and have assessed its suitability for their business.

CONTACT INFORMATION

Best Real Estate Agent

Website: bestrealestateagent.com.au
Email:info@bestrealestateagent.com.au
Phone: 02 8287 3333

Powered by:

XLR8 Media

Website: xlr8.media
Email:info@xlr8.media
Phone: 02 8287 3333
Address: Level 17, 9 Castlereagh Street, Sydney NSW 2000

© 2026 Best Real Estate Agent. All rights reserved.

Powered by XLR8 Media Holdings Pty Ltd ATF Llewellin Family Trust | ABN 75 533 606 065

END OF TERMS AND CONDITIONS

NEXT STEPS FOR AGENT REGISTRATION

Once you've reviewed and accepted these Terms:

1. Complete the Agent Registration Form on our website
2. Provide proof of current real estate license
3. Provide ABN and business details
4. Await verification and approval
5. Start receiving qualified seller leads

Questions? Contact us at info@bestrealestateagent.com.au