NCX Pro Network Terms & Conditions
This Agreement applies to your participation in the NCX Pro Network (the "Network"). These terms are so important that NCX ("we", "us") cannot have you participate in the Network unless you agree to them.
We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Network changes or ends. If we update or replace the terms we will let you know via email. If you don't agree to the update or replacement, you can choose to terminate as we describe below.
Network Enrollment
Enrollment in the Network is by invitation only.
You must ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Network (for example, by disclosing to your clients that you may receive commissions).
Term and Termination
This Agreement will apply for as long as you participate in the Network, until terminated.
Either you or NCX may terminate this Agreement at any time with written notice to the other party.
Any commissions owed to you before the termination date will be paid per the terms of this Agreement, but you will not be eligible for any new commissions after the termination date.
Commissions - Eligibility
The intent of the Network is to incentivize you to assist landowners to use the NCX platform to discover, compare, and enroll in programs for their land. As a member of this Network, you are eligible to receive commissions when your clients enroll in certain programs available through the NCX platform.
Only certain programs are eligible for commissions. Some of these programs may have a cap on the number of acres eligible for commission payments. You will receive a list of eligible programs and acreage caps upon enrollment in the Network. The list of eligible programs and acreage caps may change. If so, we will let you know via email or through the NCX platform.
You are eligible to receive a commission when all of the following conditions are met:
- On the NCX platform, you are designated and confirmed as a landowner's advisor
- On the NCX platform, the landowner uses the "Request Call" feature for a commission-eligible program
- The landowner enrolls in the program
- NCX receives confirmation from the relevant program about the number of acres the landowner has enrolled
- The relevant program has credited NCX as the source of the enrollment
Commissions - Rates
Commissions for eligible programs will be paid out at the rates in the table below:
| Program | Rate |
|---|---|
| Tree Planting | $5/acre |
| Forest Carbon | $1/acre |
| Regenerative Agriculture | $0.50/acre |
| Community Solar | $25/acre |
| Utility Solar | $10/acre |
These rates are only applicable to the acres that are actually eligible for the relevant program. For example, if a property is 100 acres in total but only 25 acres are eligible for and enrolled in the relevant program, a commission would be paid only on the 25 eligible acres.
You are only eligible for commissions on acres up to the acreage cap for each program.
Commissions - Payment Schedule
NCX will calculate your commissions at the end of each month and send you a report of qualifying transactions.
NCX will send your commissions by check or ACH within 2 weeks of the end of each month.
To receive your commissions, you must provide NCX with up to date payment information and tax documentation.
Landowner Accounts
Any landowners added to the NCX platform will be subject to the NCX platform Terms of Use. NCX may use landowner information for purposes including but not limited to assessing landowner properties and sending the landowner information about relevant programs and opportunities.
General
NCX is not a party to contracts between landowners and the program operators. Landowners enter into program contracts at their own risk. NCX takes no responsibility or liability for any contracts that landowners enter into with program operators.
Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
No license to any NCX software, data, or content is granted by this Agreement.
You may not use the NCX logo without prior authorization from NCX.
NCX makes no representations or warranties about the suitability, reliability, availability, timeliness, or security of the NCX platform, data, or content for any purpose. The NCX platform, data, and content are provided "as-is" without warranty or condition of any kind. NCX disclaims all warranties and conditions of any kind with regard to the NCX platform, data, and content including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Network, (b) your noncompliance with or breach of this Agreement, or (c) your use of the NCX Platform. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.