5x – Network Terms of Service
Effective Date: June 1, 2025
Last Updated: June 25, 2025
This Addendum (“Addendum”) supplements, is incorporated into, and is subject to, the 5x Terms of Service available at https://www.5-x.com/tos/ (“Terms of Service”). It applies to all users who use the 5x Software Referral Network (the “Network”). By submitting an application, creating an account with, or otherwise participating in, the Network, you (“Member”) agree to the following additional terms and conditions:
1. Referral Fee and Payment Authorization
1.1. Fee Obligation
For access to the software service referred to herein as the Network, Member agrees to pay 5x a referral fee equal to 5% of the gross commission earned by the Member in connection with any successful real estate transaction that closes with a referral received via the Network and occurs following such referral.
1.2. Post-Closing Payment
The referral fee will be charged after the transaction is marked as closed in the 5x platform, and the Member has submitted deal details including the total commission received.
1.3. Payment Authorization
Member authorizes 5x to securely tokenize and store their credit card information or other approved payment method and to automatically charge the 5% referral fee upon submission of closing details.
2. Non-Circumvention and Ongoing Fee Liability
2.1. Exclusive Use of Platform
Member agrees not to solicit or transact business with any other 5x Network member or referral received via the Network outside the Network platform, outside the knowledge of 5x or in any other manner such that member is not required to pay 5x a referral fee.
2.2. Continued Fee Obligation
If a transaction or relationship initiated through the Network is moved off-platform, Member agrees to remain liable for the 5% referral fee for any resulting real estate transaction that closes within 24 months of the initial introduction or contact via the Network.
3. Deal Reporting and Audit Rights
3.1. Accurate Reporting
Member agrees to accurately and promptly report all transactions arising from Network referrals, including deal closing status, gross commission received, and any other relevant details.3.2. Audit Rights
5x reserves the right to request documentation to verify the accuracy of reported information, including commission agreements and closing statements. Failure to provide such documentation may result in penalties, removal from the Network and termination as a member (including any rights to receive commissions for referrals previously provided by the member).
4. Payment Failure and Collections
4.1. Failed Charges
If 5x is unable to successfully process a referral fee charge, Member remains fully responsible for the amount owed and may incur a late fee of 1.5% per month, or the maximum allowed by law, until paid in full.
4.2. Collection Costs
Member agrees to pay all reasonable costs incurred by 5x in collecting overdue referral fees, including attorneys’ fees, collection agency charges, and court costs.
5. Termination
5.1. Voluntary Withdrawal
Member may exit the Network at any time by written notice. However, Member remains obligated to pay the 5% referral fee for any referrals received, transactions initiated, or transactions closed prior to withdrawal.
5.2. Termination for Cause
5x may suspend or terminate Member’s access to the Network immediately for any breach of this Addendum or the Terms of Service.
6. Additional Terms
6.1. Confidentiality
All referral information, deal terms, and member activity within the Network are considered confidential and may not be disclosed or used outside the platform without 5x’s prior written consent.
6.2. Entire Agreement
This Addendum and the 5x Terms of Service together constitute the entire agreement governing participation in the Network.
6.3. Modifications
5x reserves the right to modify this Addendum at any time. Access to or use of the Network after any such changes constitutes acceptance of the modified terms.
6.4 Member Role
Member expressly understands and agrees that it, and not 5x, is the party responsible for all brokerage functions, and that Member is joining the Network, and paying the resulting referral fees (if applicable), merely to assist Member in being able to perform its brokerage functions.
By submitting your Network membership application, you acknowledge that you have read, understood, and agreed to this Addendum.