Advertising Services Terms and Conditions


The Advertising Agreement (the “Agreement”) between RentPath, LLC (the “Company”) and the owner of certain rental properties (“Advertiser”) (each as specified on an Insertion Order executed by the Company and Advertiser) consists of such Insertion Order together with these Terms and Conditions.


1. Advertising: In accordance with the terms of this Agreement, the Company shall provide to Advertiser the advertising products and services identified on an Insertion Order (the “Services”). The Services shall include, at a minimum, the publication and display, on,,, and/or any other websites or mobile applications through which the Company makes the Services available (collectively, the “Sites”), of an advertisement or listing (a “Listing”) containing information with respect to one or more properties specifically identified on an Insertion Order (each a “Property”). “Advertiser Content” consists of any artwork, copy, data, text, logos, graphics, images, video and/or photographs contained in a Listing or in any other product or service purchased or provided hereunder. Advertiser hereby grants to the Company a limited, non-exclusive, sublicenseable, royalty-free right and license to copy, modify, display, distribute, perform, create derivative works from, store and otherwise use the Advertiser Content, solely for the purposes and during the term of this Agreement. Unless otherwise expressly provided in the applicable Insertion Order, Advertiser hereby authorizes the Company to access Advertiser’s or a Property’s website and/or otherwise access information, electronically, via the Internet, or otherwise, as may be necessary in order to create a Listing or otherwise Fulfill (as defined herein) a product or service and such information that becomes part of a Listing shall be considered “Advertiser Content” hereunder. The Company reserves the right, for any reason and at any time, to modify (solely with Advertiser’s approval), reject, cancel or remove a Listing. During the term of the Agreement, the Company may, in its sole discretion, distribute the Listing to affiliated or third-party advertising websites subject to the terms hereof. The Company does not tolerate discriminatory advertisements. If the Company becomes aware of any potentially discriminatory content, the content will be removed immediately.


2. Ownership: The Listing and any components of the Advertiser Content that are created, produced or supplied by the Company in connection with this Agreement (including, without limitation, ratings, reviews, regular or high definition photographs, regular or high definition panoramic videos, and enhanced floorplan products purchased or provided hereunder from time to time) shall be owned by and remain the sole property of the Company and may not be copied or used by the Property, the Advertiser or any agent thereof for any purpose other than pursuant to this Agreement without the prior written consent of the Company. Subject to its published Privacy Policy, the Company may collect performance data with respect to how a Listing is accessed, viewed or otherwise interacted with by end users, including calls, emails, clicks, searches, views, impressions or other actions, and the Company shall be the exclusive owner of such performance data.


3. Confidentiality and User Data: Advertiser and any agent acting on behalf of Advertiser hereby agree not to disclose to any third party or use for any purpose not specifically contemplated herein (i) any User Data (as defined below) or (ii) any non-public business, technical or other information relating to or provided by the Company, specifically including the terms of this Agreement (including pricing). Advertiser agrees (i) to use User Data solely to fulfill user requests and to provide customer service to the user and (ii) to protect User Data in compliance with all federal, state and local laws and regulations, including the federal Do-Not-Call rules and the federal CAN-SPAM rules. “User Data” is any personal information relating to a user of or visitor to the Sites (including, but not limited to, first name, last name, address, phone number, email address and/or financial information) that is received by Advertiser through the Company’s provision of the Services, including, without limitation, the contact information of potential renters provided in the form of “leads.”


4. Advertiser’s Representations, Warranties and Indemnity: Advertiser is solely liable for all Advertiser Content. Advertiser represents and warrants to the Company that the Advertiser Content is true and accurate, is not libelous or defamatory, does not violate any rights of privacy, infringe any trademark, copyright, literary or other rights, or constitute unfair competition with any other party, and complies with all federal, state and local laws and regulations, including fair housing laws and regulations. Advertiser agrees to indemnify, defend and hold harmless the Company, its affiliates, and their respective employees, agents, officers and directors, from and against any and all claims, liabilities, judgments, damages, costs, losses and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of third-party claims related to the Advertiser Content or the Listing, except to the extent arising out of modifications to the Advertiser Content made by the Company without Advertiser’s consent.


5. Products and Services: The Company reserves the right to change, in its sole discretion, the characteristics, functionality or features of any product or service it offers or the components of any package of products or services it offers, provided that any such change with respect to a product or service subject to an Insertion Order will not, without prior consent of Advertiser, be changed in a manner that materially and negatively impacts its economic value until after expiration or termination of such Insertion Order (not including any renewal or month-to-month term).Subject to the terms of a particular product, the Company does not guarantee any particular sort order or ranking of a Listing in search results on the Sites and may position a Listing in any location or sequence within search results, and the Company may introduce new products that may result in a change in the position of a Listing.   During the term hereof, if any product or service provided by the Company under this Agreement is discontinued, replaced or no longer offered in the relevant market, this Agreement shall remain in full force and effect; provided, that the Company shall either (i) replace such product and/or service with a product and/or service of comparable value, or (ii) deduct from the Advertiser’s monthly invoice(s) for the period remaining under this Agreement the incremental cost of such product and/or service, as reflected on the applicable market rate card then in effect.


6. Invoicing: Except as otherwise expressly provided herein, all charges for Services on an Insertion Order shall be assessed upon commencement of Fulfillment (defined below) of such Services.Advertiser will be invoiced monthly under this Agreement and amounts are due upon receipt. Advertiser may receive more than one invoice in a month if Advertiser has purchased non-subscription Services subject to Section 11(i) of this Agreement. If payment is not received by the Company within 30 days of the invoice date, (i) such past due amount will bear interest at the lesser of 1.5% per month or the maximum rate allowed by law; and (ii) the Company may, in its sole discretion, cancel Advertiser’s advertising and all advertising charges will become immediately due and payable, in addition to other remedies provided for herein. Claims for billing errors must be made in writing within five business days after receipt of invoice. Advertiser agrees to pay all costs of collection of past due amounts (including reasonable attorneys’ fees and costs).


7. Termination; Assignment: At its scheduled expiration, this Agreement shall continue automatically on a month-to-month basis at the monthly rates set forth on the rate card for the relevant market as such rates may vary from time to time (excluding certain limited-inventory products purchased hereunder), unless and until either party shall give to the other written notice of cancellation at least 30 days prior to the next monthly billing cycle. Prior to the scheduled expiration, this Agreement may be assigned or cancelled by Advertiser only in the event of a change in the Agent or the Owner of the Property, which change alters the contractual obligation and financial responsibility hereunder, with 30-days prior written notice to the Company of such assignment or cancellation. Notice of permitted assignment or cancellation of this Agreement shall be in writing and shall be deemed sufficient upon receipt, when delivered personally or by courier, overnight delivery service or by e-mail. E-mail notice must be addressed to the Company at


8. Fulfillment: “Fulfillment” means, with respect to the Services, those actions reasonably necessary for or in furtherance of provisioning, design, display, publishing, distribution or otherwise executing upon the Services in an Insertion Order. These processes will be coordinated by the Company’s customer service department and include, without limitation, collecting and compiling Advertiser Content for a Listing, scheduling photo shoots, producing videos, enhancing floorplans and collecting contact data and facilitating surveys necessary to prepare ratings and reviews. The timing of completion of Fulfillment will vary depending on the Service. Unless specifically agreed otherwise, the Company will publish the Listing or otherwise launch a product upon completion of Fulfillment and will immediately notify the Advertiser electronically of such action. Unless Advertiser notifies the Company within three business days of such notification that it objects to such product as launched, Advertiser is deemed to approve such product. Certain Services may require different or additional Fulfillment time, the schedule for which will be set forth in the product-specific terms and conditions contained herein or otherwise conveyed to Advertiser.



In no event shall either party be liable to the other for any indirect, special, punitive, incidental or consequential damages. IN NO EVENT SHALL the Company’s liability arising out of or relating to this agreement exceed the amount actually paid to the company pursuant to this agreement during the shorter of the term defined on the insertion order (EXCLUDING any renewal or month-to-month term) or the prior twelve month period. the Company makes no representation or warranty regarding features or services provided by third parties. The Company shall have no liability whatsoever for any failure to provide advertising services due to systems or technological failure or malfunction, or any other circumstances outside of the Company’s control. The Company shall not be responsible for any unauthorized use of the Advertiser Content by third parties, including without limitation, unauthorized reproduction and/or tampering by network “hackers.”


10. Miscellaneous: This Agreement (including these Terms and Conditions and an Insertion Order) reflects the full understanding and agreement of the parties and supersedes all prior understandings, agreements and representations, written or oral, with respect to the subject matter of this Agreement. The representations, warranties, covenants and indemnities contained in this Agreement shall survive the termination or cancellation of this Agreement. This Agreement shall be governed by the laws of the State of Georgia, without regard to its conflict of laws provisions, and any cause of action arising under this Agreement shall be adjudicated in Atlanta, Georgia. This Agreement may be executed in any number of counterparts, and delivered by facsimile or electronic signature, all of which taken together shall constitute one and the same instrument.


11. Product-Specific Terms and Conditions: The following additional terms and conditions apply to certain specific products or services that may be included in a Listing or package or separately offered or sold by the Company.

A. Call Recording. The Insertion Order will indicate whether Advertiser has elected to receive call recording, measurement and monitoring services, solely for purposes of quality assurance and customer service. The Company provides such services through a third-party provider (the “Call Servicer”), via the Call Servicer’s telecommunications network. If Advertiser utilizes services provided by the Call Servicer, as consideration for such services, Advertiser will limit access to call recordings or records to those persons who are authorized to be on the receiving end of the recorded telephone calls (the “Call Receivers”) and others requiring access as part of their job. Advertiser is solely responsible for ensuring that all Call Receivers have been notified, have consented and have given permission to have their voice, identity and call content recorded, monitored, stored and divulged. Advertiser represents and warrants that it shall use these services in compliance with federal, state and local laws, and shall defend, indemnify and hold harmless the Company and the Call Servicer from any and all third-party claims, liabilities and/or damages that arise from or relate to misuse by Advertiser of such services.

B. Limited Inventory Advertising. These terms apply with respect to advertising products that are limited in availability and/or quantity, including, but not limited to, “Spotlight Ads,” “Sponsored Apartments,” certain “Diamond” products, LeadMail and Banner Ads (“Limited Inventory Advertising” or “LIA”).

    1. LIA Contingency. The Company’s acceptance of any order for LIA shall be wholly contingent upon availability of the LIA and such other factors as the Company may determine in its sole discretion. The Company shall have no obligation to award LIA to Advertiser and may, in its sole discretion, award the LIA to another advertiser who has placed an order for LIA. Advertiser understands and agrees that the Company may accept more than one order for the same LIA product and that, in awarding the LIA, the Company may consider, among other factors, the rate Advertiser has agreed to pay for the LIA as specified herein. Failure to award the LIA shall not otherwise have any effect on any order or Advertiser’s obligations with respect to any other advertising hereunder.
    2. Substitution. In the event the Company determines that any LIA ordered by Advertiser is not available, Advertiser authorizes the Company, in its sole discretion, to downgrade that portion of the applicable order to any available substitute advertising which the Company determines to be comparable to the requested LIA, with a corresponding adjustment to the Advertiser’s subsequent payment obligations.
    3. No Auto Renewal. Certain LIA products (including Diamond Max, Banner Ads and LeadMail) are not subject to automatic renewal on a month-to-month basis at the expiration of Advertiser’s Agreement. If an Advertiser’s Agreement automatically renews on a month-to-month basis, Advertiser must execute another Insertion Order in order to renew these LIA products


C. LeadMail.

    1. Advertising and Delivery.Advertisers wishing to utilize the Company’s LeadMail email marketing program must provide Advertiser Content to the Company specifically for use in Advertiser’s email advertising. The Company will send LeadMail to those renter prospects for whom the Company possesses email addresses in the geographic target area(s) requested by Advertiser. Advertiser shall pay to the Company the monthly fee indicated on the Insertion Order based on the number of email addresses to which LeadMail is sent.
    2. Fulfillment.The Company’s customer service department will contact Advertiser within five (5) business days following execution of an Insertion Order to commence preparation of the LeadMail and establish a target “send date” to fulfill the order (based on available inventory). Fulfillment time will depend upon whether Advertiser selects a “templated” or a “custom” email layout. Templated email layouts require a minimum 10 business day fulfillment turnaround time and custom email layouts require a minimum 15 business day fulfillment turnaround time, in each case commencing upon initial contact by the Company. Advertiser may request a faster turnaround time for a rush fee of $100. If Advertiser has subscribed for more than one month of LeadMail, the Company will contact Advertiser each month to establish that month’s target “send date” for Advertiser’s LeadMail and to determine if Advertiser’s LeadMail template requires any changes.
    3. Photo/Logo Requirements.Advertiser is responsible for providing photography/logos/artwork for any LeadMail, which must be in the .jpeg or .jpg format and at least 640x480p in dimension.
    4. Proofing and Changes.The Company will provide Advertiser with a PDF proof for each LeadMail and Advertiser will have three (3) business days to approve such proof. Unless Advertiser notifies the Company within such period that it objects to the proof, the Company will deliver the advertising as scheduled. Advertiser will be charged a fee of $75 for any edits made outside of such time periods.
    5. Reporting and Opt-outs.Upon written request, the Company will send to Advertiser a report detailing open and clickthrough rates for delivered LeadMail. In compliance with the CAN-SPAM Act, the Company will send to Advertiser a list of email addresses, if any, with respect to which users have elected to opt-out of receiving any future emails from Advertiser. Advertiser agrees to include these opt-out addresses in its own database of addresses to which it may not send emails and otherwise to treat such opt-out addresses in compliance with the CAN-SPAM Act.

D. Certified Resident Ratings and Reviews.  The following additional terms and conditions apply with regard to the Company’s Certified Resident Ratings and Reviews (“CR3”).

    1. Resident Surveys. The Company will prepare its CR3 product based upon responses to a survey distributed to confirmed residents of a Property. The Company will use the results of surveys (“Surveys”) conducted either (i) by an independent, third-party survey firm, (ii) by Advertiser or (iii) by the Company (only to the extent the Company has independently confirmed email addresses for residents of a given property). The Company may alter the scope, methodologies or any other aspect of its CR3 product at any time in its sole discretion.
    2. Fulfillment. Except for Surveys administered by the Company to residents of a property for whom the Company has independently confirmed email addresses, the Company’s customer service department will contact Advertiser to confirm whether Advertiser wishes to utilize the independent, third-party survey firm engaged by the Company to perform Surveys (Kingsley Associates), or wishes to utilize results of Advertiser’s own previously administered Surveys. If Advertiser chooses to utilize Kingsley Associates, Advertiser shall, in accordance with its internal privacy policies, provide to Kingsley Associates the email and physical addresses of each resident of the subject property. The Company agrees not to sell, distribute or otherwise disclose your residents’ email addresses to unaffiliated third parties without your permission. Alternatively, Advertiser may send directly to the Company the results of surveys of its residents previously conducted either directly by Advertiser or by a third-party firm engaged by Advertiser, subject to paragraph 4 below. The Company’s customer service department will work with Advertiser to obtain the relevant information, may request additional documentation and will coordinate the online launch. The Company may, in its sole discretion, require a minimum number of ratings and/or reviews prior to publication. Once the minimum number of ratings (which contain no textual content) is obtained, the Company will publish the ratings and notify Advertiser of the publication via a portal or dashboard provided by the Company. Reviews are subject to the content moderation process described below prior to publication. Following the content moderation process, the Company will notify Advertiser through the portal that it is prepared to publish the review. The Company will allow 10 days prior to publishing the review for Advertiser to prepare for publication a response to such reviews and to designate which two (2) reviews will be displayed first on the sites (which Advertiser may change at any time after publication). If Advertiser does not respond within such 10-day period, the Company will publish the review. Advertiser may still respond to reviews after publication through the portal.
    3. Content Moderation.The Company has entered into an agreement with a third-party provider of website content moderation services to filter and review the resident survey data to ensure that it does not contain any unlawful, profane, offensive, discriminatory, abusive, harassing, indecent, libelous or otherwise objectionable content prior to publication. The Company is not responsible for any user contributed content. The Company reserves the right to decline to permit the posting on the Sites or to remove from the Sites, any user contributed content that fails to meet the Company’s content guidelines.
    4. License Agreement. To the extent Advertiser is providing the Company with results from self-administered or other third-party Surveys, Advertiser hereby grants to the Company a limited, revocable, royalty-free, nonexclusive, nontransferable right and license (the “License”) to copy, create derivative works from, display, distribute and otherwise use Advertiser’s survey results, including satisfaction ratings and resident comments (the “Survey Content”), solely for the limited purpose of providing the CR3 product. The Company acknowledges and agrees that all trademarks, trade names, service marks, logos or trade dress (collectively, the “Marks”) associated with Advertiser or its services, whether or not registered, constitute the Advertiser’s exclusive property and the License includes the right to display Advertiser’s Marks to the extent contained in the Survey Content.
    5. Additional Advertiser Acknowledgements.In addition to any other acknowledgements or agreements Advertiser has made herein, Advertiser further acknowledges and agrees that (i) the Company owns all right, title and interest in and to any resident survey data that results from surveys administered by Kingsley Associates, as well as the published CR3 product and Advertiser has no rights therein whatsoever other than as may be granted hereby; (ii) without the prior written consent of the Company, Advertiser may not post, publish or otherwise display Kingsley resident survey data or CR3 on its own website nor distribute the Kingsley resident survey data or CR3 to any third-party for any reason whatsoever; (iii) the Company may provide contact information for the property to Kingsley Associates and Kingsley Associates may contact residents of the property for the purposes of administering the survey; (iv) the Company will publish all ratings and reviews for the property, regardless of the sentiments expressed therein (other than those survey responses that fail to pass the content moderation process); and (v) the ratings and reviews reflect the opinions solely of property residents and, as long as the Company has subjected the survey results to the content moderation process described above, the Company shall have no liability to Advertiser with respect to the content of the ratings and reviews.

E. Banner Ads. The following additional terms apply solely to the Banner Advertising Program.

    1. Pay-Per-Impression.The Company will create banner ads as requested by Advertiser in an Insertion Order that conform to IAB standards. Advertiser shall pay the Company a fee equal to the rate for the number of impressions delivered, and any other rate premium associated with targeting, tracking and reporting of impressions, each as set forth on an Insertion Order, subject to the Monthly ImpressionsCap(as defined below).
    2. Reporting. Each month during the term, the Company will deliver to Advertiser by email a report on activity for the immediately preceding month related to its banner ads, which will include, among other things, the total number of impressions served, the total number of clicks generated by users and the clickthrough rate for the month.
    3. Monthly Impressions Cap. Advertiser must designate on the Insertion Order a cap on the aggregate number of impressions to be generated in respect of each calendar month during the term of this Agreement (the “Monthly Impressions Cap”).The Monthly Impressions Cap represents the maximum number of impressions for which Advertiser will be charged during a given month.
    4. Fulfillment. Advertiser will be provided with the opportunity to preview the banner ad at least 72 hours prior to online launch. If Advertiser does not notify the Company of any objection to the ad at least 24 hours prior to scheduled launch, the ad will go online as scheduled. Advertiser- requested edits to an initial preview of advertising are free of charge. A charge of $75 will apply to any subsequent round of edits.

F. AG Sites. The following additional terms apply solely to the Company’s AG Sites product:

    1. Website. Upon request from and at the direction of Advertiser, the Company will create a website for identified Properties using content from the Property’s Listing and utilizing a domain/URL obtained and owned by the Company that is specific to the Property (the “Website”). The Website will include content provided by the Company, which may include Advertiser Content (the “Content”), and will be hosted on the Company’s systems during the term of this Agreement. The Company grants Advertiser a worldwide, revocable, non-sublicensable and non-transferable license to use the Website, which license does not include any right to reproduce or create any derivative works of such Website. The Website and the domain/URL remain the exclusive property of the Company. Any rights not expressly granted herein are reserved by the Company. Advertiser may not make any modifications to the Website. Advertiser may request that the Company make limited, reasonable modifications to the Website and such modifications will be made at the sole discretion of the Company. The Company will maintain the Website so long as Advertiser remains an Advertiser with the Company. Advertiser is not authorized to use the Content or Website for any other purpose. The Website is provided to Advertiser “as is” and the Company makes no representations, warranties or guarantees to Advertiser of any kind, either express or implied (including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, availability, accuracy, non-infringement or other warranties arising by usage of trade or course of dealing) including regarding the functionality, performance or results.
    2. Placement on Google Places for Business™. Advertiser grants the Company the authority to verify and create Advertiser’s account and listing(s) on Google Places for Business (“Google Places”), including uploading or deleting listings from Google Places as well as updating listing information (e.g., phone number, address, category, hours of operation, email, description, etc.). Notwithstanding the above, in no event shall the Company be responsible for responding to or curating consumer reviews for the Advertiser’s account and listing(s) on Google Places.

G. Reputation Monitor and Community Reputation PROSM. The following additional terms apply to the Company’s Reputation Monitor product and Community Reputation PRO service:

    1. Monitoring of Online Reviews. At Advertiser’s request, the Company will monitor online reviews (each, a “Review”) Advertiser receives through various search engines, review sites, social sites and directories (including, but not limited to, Google+, Yahoo!, Yelp and Facebook) (the “Review Sites”) tracked by the Company’s Reputation Monitor product. The Review Sites are subject to change at the Company’s sole discretion without notice. Advertiser can view any Reviews from the Review Sites by logging on to the Company’s portal site and selecting the Reputation Monitor option.
    2. Notifications of Reviews and Responding to Reviews. Advertisers using Reputation Monitor may also elect to use the Company’s Community Reputation PRO service, which (i) enables Advertisers to opt in to receive email notifications for any new Reviews posted to the Review Sites and (ii) also provides Advertisers with suggested responses to Reviews via email. All suggested responses to Reviews provided by the Company are subject to Advertiser’s approval, and the Company will work with Advertiser to edit suggested responses as requested. Upon receiving Advertiser’s final approval for a Review response, the Company will post the final response to the appropriate Review Site on Advertiser’s behalf.

H. Online Rent Payment. The following terms apply solely to the Company’s Online Rent Payment product:

    1. Online Rent Payment. The Company has partnered with a third-party service provider, YapStone, Inc. (“YapStone”), to process online rent payments (“Online Rent Payment”) from applicable renters to the Advertiser through the YapStone website, API, mobile application, or other channels provided by YapStone. To receive Online Rent Payments, the Advertiser must enter into a separate agreement with YapStone that will govern the Advertiser’s use of or access to the Online Rent Payment service. The Advertiser acknowledges and agrees that the Company’s role in this arrangement will be solely to connect the Advertiser and the renter to YapStone. The Company has no other involvement in the Online Rent Payment services, and hence the Company disclaims all liability in connection with the Online Rent Payment service.
    2. Advertiser’s Representations, Warranties and Covenants. In addition to the representations and warranties provided elsewhere in this Agreement, the Advertiser, in connection with the Online Rent Payment services, represents, warrants and covenants that as of the date of this Agreement and at all times while using the Online Rent Payment services: (i) the Advertiser shall be bound by a legally binding agreement with YapStone governing its use of the Online Rent Payment service, (ii) the Advertiser shall not file any false claims regarding receipt of rent payment and (iii) the Advertiser shall not misuse the Online Rent Payment service in any way.
    3. Advertiser’s Indemnities. The Advertiser shall indemnify, defend and hold the Company, its affiliates and its and their respective officers, directors, employees and agents harmless, from and against all third party claims, causes of action, suits, damages, losses, expenses (including reasonable attorney’s fees) (together, “Claims”) based on or arising out of the Advertiser’s access to or use of the Online Rent Payment services by YapStone. For clarity, the Claims shall also include Claims by any renter or YapStone itself.

I. Legacy Non-Subscription Services. If Advertiser has purchased certain legacy non-subscription Services on those Services are subject to the additional terms found here.


These Terms and Conditions are effective as of December 10, 2014.