Welcome to FINEST RESIDENCES, the luxury real estate division of FINEST INTERNATIONAL. The Company delivers bespoke real estate and superyacht financial and brokerage solutions globally through a network of affiliated transactional attorneys (“Finest Attorneys”) and trusted partners (“Finest Partners”). Committed to excellence, FINEST INTERNATIONAL serves the world’s most discerning clients, striving for perfection in every detail.
The present Finest Attorney Affiliation Agreement (hereinafter the “Agreement”) is a legal agreement entered into between You as a real estate attorney and Finest International, a licensed real estate brokerage company incorporated in France, registration number B 818 201 063, registered office: 3, Place Massena 06000 Nice, France, Real Estate Brokerage Licence n° CPI 0605 2018 000 025 072 delivered by the Chamber of Commerce and Industry of Nice Côte d’Azur, France, Guarantee AXA France IARD SA, headquartered 313, Terrasses de L’Arche 92727 Nanterre Cedex, France (“We”, “Finest International” or the “Company”) operating FINEST INTERNATIONAL, its online platform FinestResidences.com and its related mobile applications (collectively “Finest International” or the “Sites”).
This Agreement establishes a cooperative relationship between You and Finest International for representing its clients in real estate transactions within Your jurisdiction. As a Finest Attorney, You will provide brokerage services to the clients we refer.
We provide you with technology, marketing tools, and global networking opportunities to grow your business, enhance your reputation, and showcase your expertise.
This Agreement governs Your Affiliation as a Finest Attorney and includes our Privacy Policy. By joining, You agree to its terms, so We recommend regular review. Notices under this Agreement may be sent via email to our Member Care Service or through our contact form on Finestresidences.com.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
I. THE FINEST ATTORNEY AFFILIATION
1. Eligibility and Application
1.1. The Finest Attorney Affiliation is open to real estate attorneys worldwide.
1.2. Affiliation with Finest International is granted through a selective application process and approval by Finest International. To qualify as a Finest Attorney, You must:
- Submit Your Application;
- Undergo background checks and answer due diligence questions truthfully;
- Meet other qualifications as specified.
1.3. By submitting Your Application, You represent and warrant that You meet the eligibility requirements for Finest Attorney Affiliation and that all information provided, including personal and/or professional details, is accurate, current, and complete.
1.4. We will officially inform You of our decision via email sent to the address provided in Your application. Once Your Application approved, we will contact You to finalize Your Registration by creating an Account on Finestresidences.com and paying the relevant Affiliation fee.
1.5. Your Application and Your Affiliation are personal to You, even if You sign up on behalf of a business entity or Your employer.
1.6. Finest International approves an Application at its sole discretion.
2. Status of the Finest Attorney
2.1. You join Finest International as an independent real estate attorney to represent Finest International’s Clients in real estate transactions in Your jurisdiction. As such, You acknowledge acting as an independent contractor, not an employee or agent of Finest International, with no authority to bind Finest International beyond this Agreement.
2.2. You warrant You possess a valid and current license to practice law and provide real estate brokerage services in Your jurisdiction, in compliance with relevant laws, regulations, and professional standards.
2.3. Finest International refers each Client to the appropriate Finest Attorney.
2.4. Finest International provides information and instructions to facilitate the Services, which the Finest Attorney promptly acts upon.
2.5. The Finest Attorney providing the Services endeavors to adhere to the Finest International Guidelines and assumes full responsibility for delivering the services in accordance with all relevant laws, regulations, and policies.
2.6. The Finest Attorney maintains communication with Finest International, promptly reporting any developments impacting the Services or Client interests.
2.7. We reserve the right to reassign or replace the Finest Attorney if deemed necessary for Us and our Clients’ best interests.
2.8. The Finest Attorney acknowledges this engagement is non-exclusive, and Finest International may engage other professionals in his jurisdiction.
3. Scope of Representation
The Finest Attorney’s Services provided to the Clients may include:
- Contract drafting and review: drafting, reviewing, and negotiating purchase agreements, sales contracts, and other legal documents specific to residential properties.
- Due diligence: conducting thorough due diligence investigations to identify any legal issues, property defects, or title concerns that may impact the property transaction.
- Title examination: reviewing title reports and conducting in-depth examinations to ensure clear and marketable title for the property, addressing any encumbrances, liens, or title defects.
- Legal advice and guidance: providing legal advice and guidance to clients on complex matters related to luxury real estate transactions, including property valuation, financing options, and tax implications.
- Compliance with regulations: ensuring compliance with relevant laws, regulations, and industry standards governing luxury residential real estate transactions, such as zoning regulations, environmental laws, and homeowner association rules.
- Coordination with other Professionals: collaborating with real estate agents, mortgage brokers, title companies, and other professionals involved in the transaction to facilitate a smooth and successful closing process.
- High-level negotiation: engaging in sophisticated negotiation strategies to protect the client’s interests and secure favorable terms in luxury property transactions, including price adjustments, contingencies, and closing timelines.
- Dispute resolution: resolving any disputes or conflicts that may arise during the transaction, utilizing alternative dispute resolution methods or litigation if necessary.
4. Affiliation Duration and Renewal
Your Affiliation is granted for twelve (12) months upon acceptance of Your Application. It tacitly reconducts yearly unless terminated by either Party with written notice at least thirty (30) days before its expiration.
5. Finest Attorney Affiliation Fee
5.1. The annual Finest Attorney Affiliation fee is dedicated to the marketing efforts of Finest International to elevate Your visibility and position You among the most distinguished attorneys globally. This contribution aims to align Your practice with the highest standards of excellence.
To date, the annual Finest Attorney Affiliation fee is set at €1,000, excluding VAT.
5.2. The Affiliation fee is non-refundable and do not guarantee specific benefits or outcomes.
5.3. Finest International may adjust the Agreement and the Affiliation fee with thirty (30) days’ electronic notice, posted online at the Sites or as permitted in this Agreement. Changes will be effective upon Your Affiliation renewal, with at least thirty (30) days’ notice.
5.4. The Affiliation fee is due in full at the Affiliation start and renewal Term.
5.5. If Finest International cannot charge Your Payment Method or faces a chargeback, reversal, or payment dispute, it may:
- Seek lawful remedies, including suspending Your Affiliation or any associated Finest Attorney Benefit without notice;
- suspend or terminate Your Account;
- Demand reimbursement for costs, expenses, and fees incurred in collection efforts, including legal fees.
5.6. If suspected fraudulent activity or erroneous charges occur on Your Account or Payment Method, You shall promptly contact the Finest International Member Care Service with the subject line “Suspected Fraudulent Activity” or “Erroneous Charges”.
6. Refunds
Upon termination, no refund of the Annual Affiliation fee is provided.
7. Confidentiality
7.1. The Finest Attorney shall only use the Confidential Information for providing Services and shall not disclose it without Finest International’s written consent, except as required by law.
7.2. If the Finest Attorney detects any breach to confidentiality, they must promptly inform Finest International and address the breach.
7.3. The confidentiality obligation persists after the Agreement ends, and the Finest Attorney must safeguard the Confidential Information accordingly.
7.4. Upon termination or at Finest International’s request, the Finest Attorney must return or destroy all confidential information and provide written certification of such action.
7.5. The obligations of confidentiality do not apply to information that:
- is already public or becomes public without fault of the Finest Attorney;
- is received from a third party without confidentiality obligations;
- is independently developed by the Finest Attorney;
- is required to be disclosed by law or court order, with prompt notice to Finest International.
7.6. The Finest Attorney acknowledges that breaching this confidentiality provision may cause irreparable harm to Finest International and its Clients, beyond monetary damages. Therefore, Finest International may seek injunctive or equitable relief for such breach, alongside other legal remedies.
8. Non-Circumvention
8.1. The Finest Attorney acknowledges that Finest International has valuable relationships with clients and partners (the “Protected Parties”). The Finest Attorney shall not circumvent or interfere with these relationships or transactions between Finest International and the Protected Parties.
8.2. During and for two (2) years after this Agreement ends, the Finest Attorney won’t communicate, negotiate, or engage in transactions with a Protected Party without Finest International’s written consent, except when acting solely on Finest International’s behalf and as per its instructions.
8.3. The Finest Attorney must promptly inform Finest International of any inquiries, requests, or opportunities from a Protected Party regarding Finest International’s services and refer them to Finest International for handling.
8.4. If the Finest Attorney breaches the non-circumvention obligations, Finest International can seek injunctive relief, monetary damages, and/or other appropriate remedies available at law or in equity.
8.5. This clause’s provisions shall survive the termination or expiration of this Agreement.
9. Conflicts of Interest
9.1. The Finest Attorney agrees to avoid conflicts of interest while providing Services under this Agreement. They shall act in the best interests of Finest International and its Clients, refraining from activities or services that may cause conflicts of interest without Finest International’s prior written consent.
9.2. The Finest Attorney shall promptly disclose to Finest International any potential or actual conflicts of interest arising from their affiliation as a Finest Attorney. This includes affiliations, partnerships, or relationships that may reasonably impair their objectivity or independence.
9.3. If a conflict of interest arises or is anticipated, the Finest Attorney will collaborate with Finest International to determine an appropriate course of action. This may require the Finest Attorney to establish alternative arrangements to safeguard the interests of Finest International and its clients.
9.4. The Finest Attorney must refrain from using any confidential information acquired during their association with Finest International for personal gain, if such use could harm Finest International or its Clients.
9.5. The Finest Attorney recognizes that Finest International may involve other real estate professionals or legal counsel in serving its Clients. The Finest Attorney commits to collaborating professionally with these individuals to prevent conflicts and enhance Client representation.
9.6. The Finest Attorney agrees to promptly inform Finest International of any changes that could create a potential conflict of interest during the Agreement.
9.7. Finest International reserves the right to assess and handle conflicts of interest on a case-by-case basis, promptly discussing them with the Finest Attorney to reach a mutually beneficial resolution.
9.8. The Finest Attorney understands that violating this conflict of interest provision may lead to termination of this Agreement and legal repercussions.
10. Communication
10.1. The Parties agree to maintain regular and effective written communication throughout the term of this Agreement. Communications, including notices, requests, and other messages, may be sent via electronic means, registered mail, courier service, or hand delivery.
10.2. You shall maintain accurate and updated Contact Information on Your Account on FinestResidences.com for communication purposes.
10.3. All communications from Finest International to You shall be considered received upon delivery to Your last known contact information.
10.4. All communications from You to Finest International shall be considered received upon acknowledgment of receipt by Finest International.
10.5. In urgent or time-sensitive matters, the Parties agree to promptly communicate and notify the appropriate Party.
10.6. The Parties may communicate through agreed-upon secure and accessible platforms or tools.
10.7. You acknowledge that electronic communications may not be secure. Exercise caution with sensitive information.
10.8. Notices or communications are considered given:
- Personally delivered: Date of delivery;
- Registered mail/courier: Date of receipt;
- Electronic means: Date of acknowledgment of receipt by the receiving party.
11. Insurance
11.1. You shall maintain professional liability insurance with customary coverage limits for Your jurisdiction, covering claims arising from Your acts, errors, omissions, or negligence.
11.2. You shall supply Finest International with a certificate of insurance upon request, detailing coverage limits, policy duration, and any deductibles or exclusions.
11.3. Should Your insurance changes, ends, or is canceled during this Agreement, You shall promptly inform Finest International in writing and provide updated proof of insurance within seven (7) days.
11.4. You acknowledge that You are responsible for obtaining and maintaining Your own insurance coverage.
11.5. You agree to fully cooperate with Finest International’s reasonable requests for information or assistance regarding insurance claims or potential claims related to the provided Services.
11.6. You shall ensure that any subcontractors, agents, or employees engaged by You in the performance of Services under this Agreement are also covered by appropriate insurance policies, as required by law and industry standards.
12. Indemnity
You agree to indemnify, defend, and hold harmless Finest International, its parents, subsidiaries, affiliates, licensors, related companies, and their officers, directors, attorneys, managers, employees, agents, successors, and assigns (collectively the “Finest International Parties”) from and against all claims, expenses, losses, and damages, including reasonable attorneys’ fees, arising from:
- Your use of the Sites or the Finest Attorney Benefits;
- Your breach of this Agreement; and/or
- Your infringement of any third-party rights, including intellectual property rights. These indemnification obligations survive termination or expiration of this Agreement or Your use of the Sites or the Finest Attorney Benefits.
13. Successors and Assigns
This Agreement is binding on the Parties and their heirs, successors, and assigns.
14. Transfer of the Affiliation
Your Affiliation is personal to You, not Your employer. Changes in employment status do not affect Your Affiliation, provided You remain eligible. Any changes in contact or employment must be promptly reported to Finest International.
Your Affiliation is non-transferable except at Finest International’s discretion upon Your request, subject to limited circumstances. Finest International is not obligated to approve such transfers.
15. Entire Agreement
This Agreement is the sole and complete agreement governing Your Affiliation and the Sites, superseding all prior agreements, written or oral.
16. Titles and Headings – Independent Covenants – Severability
16.1. The titles and headings in this Agreement are solely for convenience and do not alter its interpretation or meaning.
16.2. Each covenant and agreement within this Agreement shall be considered as a distinct and independent covenant or agreement.
16.3. If a court deems any provision of this Agreement illegal or invalid, the remaining provisions shall remain enforceable to the fullest extent allowed by law.
17. Modification of the Finest Attorney Agreement
Finest International may modify the Finest Attorney Agreement, making reasonable efforts to inform You of significant changes. By continuing to use the Services after updates, You agree to the revised terms, waiving the right to specific notice. It is Your responsibility to regularly review this Agreement.
18. Compliance with Local Laws
Finest International does not guarantee that the content on the Sites or any Finest Attorney Benefits is suitable for all countries, States, or jurisdictions. Accessing the Sites or Benefits from places where it’s illegal is prohibited. You are responsible for complying with local laws, and Finest International isn’t liable if Benefits or the Sites aren’t allowed in certain jurisdictions.
19. Termination
19.1. This Agreement will continue until terminated by either Party as outlined herein.
19.2. Either Party may terminate this Agreement if:
- The other Party commits a material breach, not remedied within seven (7) days of receiving written notice; or
- The other Party becomes insolvent or files for bankruptcy.
19.3. Finest International may terminate this Agreement with thirty (30) days’ written notice to the Finest Attorney.
19.4. Finest International may immediately suspend or terminate the Affiliation and this Agreement if the Finest Attorney:
- breaches any provision of this Agreement;
- fails to pay amounts due to Finest International after written or email notice;
- fails to pay amounts due more than twice in any twelve-month period;
- reproduces confidential communications without written consent;
- is the subject of complaints, after investigation;
- provides false information in their Application or registration process;
- breaches professional conduct rules;
- becomes the subject of criminal or civil investigation for certain offenses;
- engages in conduct damaging Finest International’ esteem or reputation;
- enrolls as a Finest Attorney for purposes other than using the Benefits;
- solicit, market, or sell access to Finest International or Benefits to third parties;
- engage in harmful conduct at Finest International’s reasonable discretion.
19.5. In case of termination:
- The Finest Attorney shall immediately halt further Services for Finest International’s Clients unless instructed otherwise in writing.
- The Finest Attorney shall promptly return all Finest International or Client property, documents, or materials, including confidential information.
- The Finest Attorney is entitled to payment for fees earned and invoiced before termination, per this Agreement and the Fee Agreement.
- Provisions intended to survive termination, such as confidentiality, indemnification, and dispute resolution, shall remain in effect.
19.6. Termination of this Agreement does not release the Finest Attorney from obligations regarding ongoing or pending matters, or duties owed to Finest International’s Clients and Finest International.
19.7. The termination of this Agreement shall not affect any pre-existing rights or remedies for breaches or defaults by either Party prior to termination.
20. Governing Law, Jurisdiction and Dispute Resolution
20.1. The Parties agree that French law, without considering conflict of laws principles, will govern this Agreement and any present or future claim or dispute between them.
20.2. Dispute Resolution Process:
- Negotiation: The Parties shall attempt to resolve disputes through good-faith negotiations.
- Mediation: If disputes cannot be resolved through negotiation within thirty (30) days, mediation shall be pursued in good faith.
- Arbitration: If disputes persist after sixty (60) days of mediation, arbitration shall ensue. The International Court of Arbitration rules will apply, with Paris, France, as the seat of arbitration and English as the language. The arbitrator’s decision is final and enforceable.
20.3. Either Party retains the right to pursue injunctive relief or equitable remedies from a competent court to safeguard its rights and interests, irrespective of the dispute resolution process described in this clause.
20.4. The Parties shall maintain confidentiality regarding all discussions, negotiations, and proceedings concerning the dispute resolution process, except as needed to enforce any resulting agreements or as mandated by law.
20.5. The Parties recognize that the costs of dispute resolution, including mediation or arbitration fees, shall be divided equally, unless directed otherwise by the arbitrator or mediator.
20.6. Prohibition of Class and Representative Actions and Non-Individualized Relief
The parties agree that each may bring claims only on an individual basis and not as a class action. The court may not consolidate more than one party’s claims or preside over a class action. Relief may be awarded only to the individual party seeking relief and to the extent necessary. Such relief cannot affect other Finest attorneys.
20.7. This Clause 20 shall survive the termination or expiration of this Agreement during ten years.
II. Finest Attorney’s Content
1. Definition and Warrant
You may submit various materials (“Finest Attorney Content”) to the Sites or in connection with Finest Attorney Benefits. By doing so, You warrant that:
- submission is voluntary;
- You have the necessary rights to distribute the Content;
- the Content is original and not previously published;
- it does not contain untrue or deceptive statements;
- it does not breach any privacy rights or copyrights;
- posting or publishing the Content complies with the Finest International Code of Conduct.
2. Indemnification and Liability in Finest Attorney’s Communications
2.1. Indemnification: The Finest Attorney shall indemnify and holds Finest International harmless from liabilities, costs, or expenses, including attorneys’ fees, resulting from breaches of representations or warranties regarding Finest Attorney Content, including public communications between Finest Attorneys on the Sites.
2.2. Third-Party Content Responsibility: The Finest Attorney is responsible for obtaining all necessary permissions for third-party content in Finest Attorney Content.
2.3. Content Removal: Finest International has no obligation, except as required by law, to remove published Finest Attorney Content.
2.4. Compliance with Guidelines: When posting Finest Attorney Content on third-party platforms, the Finest Attorney may need to follow extra guidelines or agreements.
2.5. Content Management Rights: Finest International can act on any Finest Attorney Content that breaches terms or policies, including removing or suspending access to the Sites or Finest Attorney Benefits.
2.6. Cooperation with Law Enforcement: Finest International may cooperate with law enforcement to disclose user information posted on the Sites, as mandated by law.
2.7. Waiver and Hold Harmless: The Finest Attorney waives claims and holds Finest International harmless from actions taken during investigations by law enforcement or other parties.
2.8. Legal Defense Cooperation: The Finest Attorney agrees to cooperate in legal actions related to the publication of Finest Attorney Content and to retain relevant documentation.
3. Unsolicited Materials
3.1. Finest International does not accept Unsolicited Materials. The Finest Attorney should refrain from providing any such materials in Finest Attorney Content or otherwise to Finest International.
3.2. The Finest Attorney acknowledges that any Finest Attorney Content is not submitted in confidence and does not imply any obligation for review, consideration, or compensation. Finest International and its licensors develop products independently, and the Finest Attorney is not entitled to compensation for any similarities to Unsolicited Materials.
3.3. The Finest Attorney agrees that any Unsolicited Materials they submit to Finest International become the property of Finest International, without compensation or notice. Finest International may use or alter the Unsolicited Materials, has no obligation to retain them, and may be indemnified by the Finest Attorney for any legal actions resulting from the submission.
4. License of Finest Attorney Content
4.1. By posting Content on the Sites or related platforms, the Finest Attorney grants Finest International and its licensees a perpetual, worldwide, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, modify, and perform the Content. This license allows Finest International to utilize the Content in any manner, without requiring permission or providing compensation to the Finest Attorney or any third party.
4.2. The licenses granted by the Finest Attorney for their Finest Attorney Content are perpetual and irrevocable. These licenses remain in effect regardless of the Finest Attorney’s status. Finest International and associated media platforms are not obligated to remove such Content upon request and are not liable for any refusal to do so.
4.3. Notwithstanding anything to the contrary contained herein, Finest International shall not utilize any Finest Attorney Content designated as “private” or “password protected” in writing. All other Finest Attorney Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by Finest International for its own use.
5. Finest International Content
5.1. Except for Finest Attorney Content, all content on the Sites and related to the Finest Attorney Benefits, including text, artwork, images, videos, and trademarks (the “Finest International Content”), are owned by or licensed to Finest International or third parties, protected by copyright, trademark, and/or patent laws in Europe, the United States, and abroad.
5.2. The Finest International Content is provided “as is,” “as available,” and “with all faults” for the Finest Attorney’s professional use in connection with their Affiliation. While the content may be shared on social networks in a manner that aligns with the interests of Finest International, it may not be downloaded, copied, distributed, or exploited for any commercial purposes outside this agreement without prior written consent from Finest International.
5.3. The Finest International Content is provided for informational and aesthetic purposes only. We do not warrant its accuracy, completeness, or usefulness. Reliance on the Finest International Content is at the Finest Attorney’s own risk, and we disclaim all liability arising from such reliance.
5.4. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Finest International reserves all rights to the Finest International Content, and the Finest Attorney’s Affiliation does not transfer ownership of any of these rights.
6. Use of Finest Attorney Content in Native Advertisements
Finest International may, at its discretion, publish any Finest Attorney Content as “native advertisements” on third-party websites or the Sites. Finest Attorney Content shall comply with all required disclosures regarding endorsements, advertisements, promotions, recommendations, or testimonials for any brand, product, or service, as mandated by relevant government regulatory authorities and regulations. Such disclosures include whether the Finest Attorney, any affiliated entities, or any companies in which they own more than 25%, receive compensation, free products or services, or any other consideration for publishing the content, as well as any other material relationships with the endorsed brands, products, or services. The Finest Attorney shall notify Finest International of any material connections with endorsed brands, products, or services at the time of content submission.
7. Monitoring of Finest Attorney’s Content
Finest International reserves the right (but has no obligation) to pre-screen Finest Attorney Content and determine its appropriateness and compliance with this Agreement or the Policies. Finest International may, at its sole discretion and with or without notice, remove any Finest Attorney Content and/or suspend or terminate a Finest Attorney’s access to the Sites or their Affiliation for violating this Agreement. If Finest International terminates an Affiliation or access to the Sites, it may, at its discretion, remove and delete any data and files stored by the user on its servers.
III. THE FINEST ATTORNEY’S ACCOUNT
1. General Information
1.1. To access Finest Attorney Benefits, Finest Premium Services, and certain Site features, an Account is created for You, containing Your username, password, contact details (including professional mailing and/or email address), and business Profile. You must validate this information, change Your password upon first login, and ensure that all Account and Profile details are current, accurate, and complete. You agree to update Finest International about any changes to this information.
1.2. Your Finest Attorney Account belongs to You, not to others, including Your employer. However, Your law firm has the right to control access to, receive reports on Your usage of the Service, and manage professional content associated with it. Your personal Account remains under Your sole control.
1.3. When creating Your Profile or Account, You agree not to impersonate any third party or use their information without written approval. If Finest International suspects Your Account information is inaccurate or incomplete, it reserves the right to suspend or terminate Your Affiliation, and/or Your use of the Sites, and any Finest Attorney Benefits or Premium Services. You must keep Your Profile or Account personal and not share access with any third party.
2. Finest Attorney Profile
2.1. New Finest Attorneys must validate and maintain their Profiles on the Sites. You authorize Finest International to complete Your Profile if necessary, using the information provided by You and publicly available information, including social media accounts.
2.2. You are responsible for updating and correcting all information on Your Profile. Finest International will make efforts to present Your information accurately but will not be held responsible for any inaccuracies or misrepresentations on Your Profile.
3. Additional Reservation of Rights
Finest International reserves the right to deny, cancel, suspend, or modify access to the Sites or Finest Attorney Benefits for various reasons, including:
- correcting mistakes made by the Company,
- preventing fraud and abuse,
- complying with legal requirements,
- assisting law enforcement,
- resolving disputes,
- defending legal actions,
- avoiding liability, and
- enforcing the Finest International Code of Conduct.
4. Account Information Security
You are solely responsible for the activity in Your account, whether authorized or not. Keep Your Account Information secure, including Your username and password. Notify Finest International immediately of any security breach or unauthorized use by emailing the Finest Attorney Care Service with “Unauthorized Use of Account Information” in the subject line. Finest International is not liable for losses due to unauthorized use of Your Account Information, but You may be liable for losses incurred by Finest International or others due to such use.
5. Communications with Finest International
You agree that Finest International may contact You regarding Your Account, including via calls, emails, or other means. You consent to the recording of such communications, even if not explicitly requested during each call. You acknowledge that these recordings may be used as evidence in legal proceedings involving Finest International.
6.Privacy Policy
Your submission of personal information through the Sites and use by Finest International thereof is governed by Our Privacy Policy, which can be reviewed on the Site (the “Privacy Policy”).
7. Finest Attorneys in the European Union
Our Sites and the Affiliation are accessible to residents of all countries. Finest Attorneys located in the European Union commit to comply with the General Data Protection Regulation 2016/679 (GDPR).
IV. REAL ESTATE BROKERAGE
1. The Finest Residences Marketplace
1.1. Definitions
- Property Offering : real estate property proposed for sale or rent by Finest International directly or via a Finest Attorney and displayed on FinestResidences.com and/or the Sites.
- Listing Agent: real estate broker (including Finest International), real estate agent or Finest Attorney representing the seller of a property by virtue of a listing agreement/sale mandate.
- Listed Property: property proposed for sale or rent by its Listing Agent.
- Publishing Period: the period during which a Property Offering is published on the Finest Residences Marketplace.
- Property Offering Price: the asking price of a Property Offering.
1.2. Property Offerings
Finest International can propose Property Offerings directly through a Listing Agreement with an Owner or under a Co-Brokerage Agreement with a Real Estate Broker, Agent, Attorney, or notary. Finest Attorneys can also propose Property Offerings under a Listing Agreement directly signed with an Owner.
We reserves the right to refuse any real estate listing that would not meet Our quality standards.
1.3. Publishing Period
Once validated by Finest International, Your Property Offerings stay on the Finest Residences Marketplace until its transaction is over, or until Your Affiliation ends. You can replace removed listings.
2. Brokerage fee and Finest International Service Fee
2.1. In each country where Finest International operates, the real estate brokerage fees applied are those generally applied on this market.
2.2. In consideration of their real estate brokerage Services, Finest Attorneys shall receive a share of the brokerage fees (the “Finest International fee”)upon successful completion of the relevant transaction. The distribution of these fees shall be shared between Finest International and the Finest Attorney as stipulated in the Brokerage fee Structure Agreement, which shall detail the specific Services rendered and their corresponding allocation of fees.
2.3. The Finest Attorney operating as a Buyer’s Agent shall obtain a copy of the Listing Agreement from the Seller’s Agent or Brokerage Firm and promptly transmit a copy to Finest International.
2.4. The Finest Attorney must promptly notify Finest International of successful closings in transactions, providing all necessary details and documentation for accurate Brokerage fee calculation and invoicing.
2.5. Unless agreed otherwise in writing, Brokerage fee shall be paid into an escrow account post-transaction and divided among involved Parties.
2.6. Finest International invoices the Finest International fee promptly upon receipt of the Finest Attorney’s transaction closure notification.
2.7. Payment of the Finest International fee is due upon receipt of the invoice by the Finest Attorney.
2.8. Payments shall be made in the currency specified in the invoice, unless otherwise agreed upon in writing.
2.9. Finest International is solely responsible for any applicable taxes, duties, or other charges related to the Finest International fee.
2.10. If a dispute arises over Finest International fee, the Parties will promptly discuss it in good faith to seek resolution.
2.11. Late payments by the Finest Attorney will incur interest at 10% per annum or the maximum rate allowed by law, whichever is lower.
2.12. Upon termination of this Agreement, the Finest Attorney is entitled to payment for any fees earned and invoiced before termination, following the terms of this Agreement and the Brokerage fee Structure Agreement.
V. Finest Attorney Benefits
1. General Information
1.1. The Finest Attorney is eligible for the Finest Attorney Benefits, some of which may be offered for a fee. The Finest Attorney Benefits may include access to:
- the Finest Residences Marketplace;
- Finest Networking Opportunities;
- Finest Media and Personal Brand Building;
- the Finest International Knowledge Base;
- the Finest International Concierge Services, when available;
- the Finest Premium Services, when available.
1.2. Finest International strives to maintain and enrich Finest Attorney Benefits throughout Your Affiliation but reserves the right to change them as deemed necessary.
1.3. Finest Attorney Benefits are non-transferable and may not be sold or assigned without Finest International’s written approval. Breach of this agreement, including non-payment, may result in suspension or termination of Affiliation and benefits utilization.
2. Particular Finest Attorney Benefits
A summary of Finest Attorney Benefits is detailed in Clauses 2.1 through 2.5 of this Agreement.
2.1. The Finest Residences Marketplace
The Finest Residences Marketplace features luxury real estate properties for sale and rent, curated by Finest International or Finest Attorneys.
As a Finest Attorney, You’re solely responsible for adhering to any terms or agreements related to a Property Offering.
Finest International provides no warranty on Property Offerings’ availability. Neither Finest International nor its licensors bear liability for managing, redeeming, or marketing Property Offerings, or products/services acquired through them, unless agreed otherwise.
Unless You provide email notice to the Member Care Service, with the subject headline “Finest Marketplace Program Opt-Out,” You consent to the use by Finest International of Your name, company name, work phone, and email address for networking with other Finest attorneys and/or making property offerings potentially available to You in connection with Your Affiliation. Please note that opting out may affect Your eligibility for certain property offerings available to other Finest attorneys.
2.2. Networking Opportunities
As a Finest Attorney, You can network with peers and partners via communication tools on Finest International or elsewhere, or at networking events, to share information, experiences, or advice and build personal or professional connections.
Each Finest Attorney is expected to comply with the Finest International Code of Conduct (defined hereinafter Clause VI.3), and shall not:
- Send unsolicited generic or blanket messages to other Finest Attorneys or Partners, or engage in generalized solicitation or “spam”;
- ignore any other Finest Attorney’s or Finest Partner’s privacy settings or contact (or non-contact) requests.
There may be additional terms, conditions, fees or charges in connection with certain events or networking opportunities.
2.3. Finest Media and Personal Brand Building
As a Finest Attorney, You may engage in media and branding opportunities such as writing articles, giving interviews, and presenting webinars (the “Finest Media and Personal Brand Building”).
The Finest Media and Personal Brand Building is only an opportunity to potentially participate or submit materials in connection with media opportunities. Your Affiliation does not guarantee Your acceptance or participation in any minimum number, any opportunities or any favorable or beneficial results from acceptance or participation.
You stay free to accept or refuse to participate in any opportunity.
Your publication may be determined by the third-party who controls such opportunity, and/or Finest International, as the case may be.
You might need to agree to extra guidelines, revisions, and conditions for participating in any Finest Media and Personal Brand Building opportunity, and disclose potential conflicts of interest.
Some Finest Media and Personal Brand Building opportunities may be limited to a select number or specific criteria, not open to all Finest Attorneys.
Deadlines, terms, requirements, or instructions for publishing Finest Attorney Content or accessing Media and Personal Brand Building opportunities are determined by the controlling third-party or Finest International, as applicable.
Finest International does not guarantee the timing, viewership, publicity, or outcomes of any marketing or promotional material, including Finest Attorney Content and Media and Personal Brand Building opportunities.
All content submitted for a Finest Media and Personal Brand Building opportunity is Finest Attorney Content and subject to the conditions outlined hereinafter.
Once Your content is published or posted, Finest International may not be able to remove it and shall have no obligation or liability for failure to do so.
You acknowledge and agree that Finest International may, at its discretion, publish any content you submit for Finest Media or Personal Brand Building as “native advertisements” on third-party websites and/or Finest International’s own platforms. Therefore, the content must not include any endorsements, advertisements, promotions, recommendations, or testimonials for any brand, product, or service unless all required disclosures by relevant government regulations are included. These disclosures must specify if you, your relatives, affiliates, or any companies in which you own more than 25% have received or will receive compensation, free or discounted products or services, or any other benefit in exchange for the content, or if you have any other significant relationship with the brands, products, or services mentioned.
Additionally, you must notify Finest International in writing or by email about any such material connections when submitting content.
You are not allowed to solicit, market, or resell access to Finest International, its attorneys, benefits, or premium services to third parties. This includes offering to include a third party’s products, services, or links in Finest Attorney content, or promoting a third party’s products or services in exchange for payment.
2.4. Finest Knowledge Base
Finest International may provide resources that may be of Your interest and solely for general information and opinion purposes. Finest International does not warrant their accuracy, completeness or usefulness. Finest International disclaims all liability and responsibility arising from any reliance or actions based on such information and materials.
The Sites may include content materials provided by third parties or fellow Finest Attorneys under their sole responsibility. These materials do not necessarily reflect the opinion of Finest International or its affiliates and partners.
2.5. Finest Concierge Service
Finest International may provide concierge level resource support by phone, email, social media or other digital means for utilizing the Finest Attorney Benefits and the Finest Premium Services. If concierge level resource support is provided, You hereby consent to allow Finest International, for training or quality assurance, to record the entirety of any calls or communications in which You utilize the Finest Concierge support.
3. Special or Additional Terms
3.1. Special or additional terms of use, conditions or obligations may apply to particular Finest Attorney Benefits or other promotions or activities, with which You shall agree in order to access or take advantage of them. These Finest Attorney Benefits Terms may be accessible for a fee, detailed in the Finest Attorney Benefits Terms, provided before You purchase or access them.
3.2. Your use of any Finest Attorney Benefit signifies acceptance of the current Finest Attorney Benefits Terms. These terms may change without notice, so we advise regular review. Unless stated otherwise, they are integral to this Agreement.
4. Trial Benefits
Occasionally, Finest International may introduce new Finest Attorney Benefits or features through Trial Releases. If You opt to participate:
- You understand and accept that Trial Releases are provided “as-is” and may contain errors.
- The final version of Trial Releases may undergo substantial changes at any time.
- Participation may be limited, and support services may be restricted.
- Your feedback on Trial Releases may be requested.
- All details of Your Trial Release usage, including feedback, must be kept confidential and used solely for providing feedback to the Company.
Finest International disclaims all warranties, statutory, express, or implied, concerning Trial Releases, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
5. Finest Premium Services
Finest International may provide optional Finest Premium Services for an extra fee. These services may be offered for a specified duration or unit, as outlined in writing, and are subject to change without prior notice. The Finest Premium Services are non-transferable and intended solely for Your personal use unless otherwise stated in writing.
5.1. Editorial Service
- The Editorial Service offers Finest Attorneys access to professional writers for creating original editorial content. It may be available in bundled packages of a specified number of articles, which could be published on designated media platforms as outlined in the service descriptions.
- Failure to submit articles for publication within the specified timeframe may result in the forfeiture of any unused portion of the bundle. This deadline is typically determined by the Editorial Service Terms.
- Unused portions of the Editorial Service bundle will not be carried over to another period or refunded.
- Finest International will make reasonable efforts to meet timing requirements, but does not guarantee publication within requested deadlines. To ensure timely publication, You must provide comprehensive responses to the Editorial creator, including article concepts and answers to their questions.
5.2. Special Webinars
“Special Webinars” are digital meetings with a selected group, using video conferencing technologies like Zoom® or Google Meet®. Your participation is subject to the terms of these services. Finest International makes no warranties about the webinars or their results and is not liable for Your engagement with Zoom, Google Meet, or any video conferencing solution.
5.3. Magnify Service
The Magnify Service boosts a Finest Attorney’s content on Finest International’ social media platforms for increased visibility during a specified period or volume of impressions and reads. A campaign report is provided to the Finest Attorney upon completion.
VI. Miscellaneous
1. Marketing Materials and Promotional Services
1.1. From time to time, Finest International may offer Promotional Services, including marketing materials and additional Finest Attorney Benefits, either free of charge or for an extra fee. You consent to receiving these materials through various channels but can opt out at any time by following the instructions in the Privacy Policy or emailing the Finest Attorney Care Service with the subject line “Unsubscribe to Marketing Materials”.
1.2. Finest International reserves the right to modify Promotional Services without prior notice. These services may be offered selectively to new or specific Finest Attorneys based on predefined criteria, and eligibility for certain promotions may vary. If offered promotional pricing, You must maintain confidentiality and not disclose pricing information without written consent. Additionally, fees for Promotional Services may be non-refundable per the terms of accompanying agreements.
2. Description, Pricing and Availability
2.1. Finest International strives to accurately describe its Finest Attorney Benefits, including Marketplace Property Offerings and Finest Premium Services, in its advertising and promotional materials. However, Finest International does not guarantee the accuracy, completeness, or reliability of such descriptions, pricing, availability, or other information provided in these materials. Despite efforts to ensure accuracy, Benefits Materials may contain errors, mispricing, or inaccuracies, and availability may be subject to change depending on various factors such as jurisdiction or third-party involvement.
2.2. If Finest International identifies any mispricing, inaccuracies, or unavailability regarding a Finest Attorney Benefit or Finest Premium Service, the company reserves the right to take corrective action as it deems necessary, including canceling Your purchase or usage without prior notice. This may involve refunding a pro-rata portion of the amounts paid for the affected service.
2.3. You shall promptly inform Finest International of any pricing or descriptive errors regarding Finest Attorney Benefits or Premium Services You’ve ordered, so the Company can take the appropriate corrective measures. However, regardless of such errors, Finest International is not obligated to refund any portion of the Annual Affiliation fee.
3. Availability of the Sites and the Attorney Benefits
3.1. Finest International will make commercially reasonable efforts to ensure uninterrupted access to the Sites and Finest Attorney Benefits. However, there may be occasions when access is unavailable due to factors beyond our control, such as maintenance, repairs, or equipment malfunctions. We do not guarantee continuous or uninterrupted access and assume no liability for any resulting inconvenience or loss.
3.2. Except as explicitly stated in the written terms of a specific Finest Attorney Benefit, You are not entitled to refunds, credits, or offsets against Your Annual Affiliation fee or other fees for interruptions to the Sites or Finest Attorney Benefits. This applies regardless of the cause of unavailability, suspension, or termination of Your Affiliation.
4. Reliance on Information Posted
4.1. The information provided on the Sites is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. We disclaim all liability for any reliance placed on such materials by You, other visitors, or anyone informed of the Sites’ contents.
4.2. The Sites contain content from third parties, including other Finest Attorneys, users, and licensors. The opinions expressed in these materials are solely those of the individuals or entities providing them. Such materials do not necessarily represent the views of Finest International. We are not responsible for the accuracy or content of third-party materials, and we disclaim liability for any reliance on such materials by You or any third party.
5. Links to Third-Party Websites
The Sites and Finest Attorney Benefits may contain links to third-party websites not owned or controlled by Finest International. We are not responsible for the content, terms, privacy policies, or practices of these websites. Finest International does not censor or edit third-party website content, including Finest Attorneys’ websites. Your use of any third-party website linked from our Sites is at Your own risk, and You release Finest International from any liability associated with such use. We encourage You to review the terms and policies of each website You visit.
6. Disclaimer of Representations and Warranties
Your Affiliation, use of the Sites, Finest Attorney Benefits, or Finest Premium Services are solely Your responsibility. The Sites, Finest Attorney Benefits, and Finest Premium Services are provided “as is,” “as available,” and “with all faults.” Finest International, its officers, directors, employees, agents, and all third parties, including the company’s partners, disclaim all warranties, statutory, express, or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. They make no representations or warranties about the accuracy, completeness, or content of the Sites; any third-party websites linked to the Sites; or the services found at the Sites or any third-party websites linked to the Sites. Finest International assumes no liability or responsibility for these. Additionally, no oral or written information or advice provided by Finest International or its officers, directors, employees, partners, or agents shall limit the disclaimers herein. This disclaimer applies to the fullest extent permitted by law and survives termination or expiration of this agreement, Your Affiliation, or Your use of the Sites or the Finest Attorney Benefits.
7. Limitation of Liability
To the fullest extent allowable under applicable law, Finest International, its officers, directors, employees, agents, or any company partner, shall not be liable to You or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever. This includes damages resulting from various factors such as the accuracy, completeness, or content of the Sites or any third-party websites linked to them; personal injury or property damage; third-party conduct; unauthorized access to or use of servers and/or stored information; interruption or cessation of the Sites or Finest Attorney Benefits; transmission of viruses or malicious software; defamatory, harassing, or objectionable content; termination of Your Affiliation; or any loss or damage incurred by You as a result of Your use of the Sites or the Finest Attorney Benefits. This applies regardless of whether the damages are based on warranty, contract, tort, or any other legal or equitable theory, and regardless of whether Finest International is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or Your use of the Sites, the services found at the Sites, or any of the Finest Attorney Benefits.
If, notwithstanding the foregoing, Finest International or any of its directors, officers, employees, or agents is found liable for any economic damage or loss arising under or in connection with Your use of the Sites, Finest Attorney Benefits, or other services, the cumulative total liability of any and all such parties found liable shall not exceed the amount You paid to the company for annual Affiliation fees during the twelve-month period preceding the occurrence of the liability or claim. This limitation expressly applies to economic damages arising from the use of the Sites, Finest Attorney Services, and Your Affiliation in general and does not apply to personal injury caused by intentional acts or any injury caused by alleged fraud.
8. Contact Information
Please feel free to contact the Member Care Service should You have any question or comment.
© Finest International 2016-2024. Updated on October 8th, 2024.
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