Top Producer Terms and Conditions

Last updated: March 25, 2026

View our general terms and conditions here.

The following PSTs shall apply to any Product identified in an Order Form under the brand "Top Producer" (the "Top Producer Products"):


  1. Definitions:

a. "Advertising Services" means advertising services consisting of advertising to be purchased by Customer for the purpose of generating visitor traffic to a website and/or generating new Customer prospects in the CRM system.

b. "Customer Lead Data" means all prospect information generated by Supplier as a result of Customer's purchase of Lead Products and Advertising Services (as defined herein) For the sake of clarity, Customer Lead Data is not a type of Customer Data nor is it a Deliverable.

c. "Lead" means the individual and contact information thereof who has voluntarily expressed interest in specified products or services through Supplier's advertising or other efforts.

d. "Lead Products" means Cloud Services that include a committed number of prospects per period as specified on the Order Form).

e. "Public Record Data" means any combination of property, tax, ownership, deed, mortgage, pre-foreclosure, and valuation information, including but not limited to models, analytics, reports, scores and images.


  1. Renewal Terms: Upon expiration of the Initial Term, the Initial Term will automatically renew on a month-to-month basis with respect to the applicable Product(s) (each, a "Renewal Term") unless the Agreement is otherwise terminated or not renewed in accordance with the terms of the Agreement. The Initial Term together with any Renewal Terms shall collectively be referred to as the "Term."

  2. Termination:

a. Termination by Supplier. In addition to any rights Supplier may have to terminate this Agreement under the GTCs, Supplier has the right to terminate this Agreement for breach immediately and at Supplier's discretion based on Customer's rude behavior, abuse or any type of threat made by Customer.  In addition to the foregoing, Supplier may terminate this Agreement with respect to the Top Producer Products at any time, without cause, upon fifteen (15) days prior written notice to Customer.

b. Termination by Customer. Except as specified in the GTCs and in these PSTs with respect to the Top Producer Products, Customer may not terminate the Agreement prior to the expiration of the Initial Term or any Renewal Terms. Customer may terminate the Agreement with respect to the Top Producer Products at the end of the Initial Term or any Renewal Term by providing at least 35 days advance written notice prior to the end of the Initial Term or Renewal Term, as applicable. To provide such notice of termination to Supplier, Customer must sign and return the cancellation confirmation form provided by Supplier on or before the date specified therein. To obtain the cancellation confirmation form and provide notice of termination, Customer shall email: support@topproducer.com. 

c. Effect of Termination on Customer Lead Data. In the event the Agreement, or any portion thereof with respect to Lead Products or Advertising Services is terminated by Supplier for Customer's breach (including for non-payment) (a "Customer Breach Termination"), CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER WILL NO LONGER USE CUSTOMER LEAD DATA FOR ANY PURPOSE, EXCLUSIVELY OR OTHERWISE, EXCEPT WHERE USE BY CUSTOMER IS NECESSARY FOR CUSTOMER TO MEET ITS OBLIGATIONS UNDER APPLICABLE LAWS OR REGULATIONS. As of the effective date of any termination referenced herein and subject to the rights of the Leads, Customer agrees that Supplier may use the Customer Lead Data only for the following specific and limited purposes: (1) to contact Leads to confirm whether they are still interested in the services that are the same or materially similar to those services that Customer would offer to the Leads (the "Customer Services"), (2) to connect Leads with a real estate agent that has hired Customer to provide the same or materially similar Lead Products and Advertising Services described in this Agreement, or (3) to further disclose the Leads to one of Customer's Affiliates identified in Customer's privacy policy, provided that Customer obligates that Customer Affiliate to use that Customer Lead Data only for the specific and limited purpose of connecting Leads with a real estate agent that has hired that Customer Affiliate to provide the same or materially similar Lead Products and Advertising Services described in this Agreement.  Customer agrees that following a Customer Breach Termination, to the extent permitted by applicable law, Supplier may make Customer Lead Data available to other parties.


  1. Customer Lead Data.  The Parties hereby acknowledge and agree that Customer Lead Data is Personal Information and is not comprised of any IP Rights. Nevertheless, as part of the consideration for Customer's purchase of Customer's Lead Products and Advertising Services, Supplier agrees that Customer is entitled to the exclusive use of Customer Lead Data that is generated by Customer on behalf of Customer during the Term.

  2. MLS Products. To the extent that any Top Producer Product depends on Customer receiving a data feed from an MLS, the Term for such Top Producer Product will terminate automatically upon the expiration, cancellation or termination of the agreement between Supplier and the applicable MLS or upon the expiration, cancellation or termination of the agreement between Customer and the applicable MLS. Neither Supplier nor the MLS is responsible for any damages in the event that the Product cannot access or otherwise use the data from such MLS or any other breach of this Agreement.  Customer acknowledges that the Top Producer Product may depend on Customer to complete MLS paperwork to obtain permission for Customer to access MLS listing data and agrees to complete in a timely manner.

  3. Lead Products. For Lead Products, Supplier will provide an average volume of Leads per period, each as specified in the Order Form (such period, a "Period"). For clarity, Customer  acknowledges and agrees that Customer commissions Supplier to generate Customer Lead Data as part of the purchase of the Lead Products, and in the event Customer is in default of any term or condition of the Agreement, including its obligations with respect to Fees, Customer's rights with respect to the Customer Lead Data will be affected in accordance with the terms of subsection 3(c) of these PSTs. If Supplier delivers fewer Leads during the a Period, Supplier will review Customer's account upon notice from Customer during the 30 days following the conclusion of the initial Period and each subsequent Period and, provided Customer has met the requirements of this Agreement, as Customer's exclusive remedy, Supplier may adjust Customer's fee and/or Lead quantity for any future Periods (but not prior Periods). If no Period is specified on the applicable Order Form, the Period of measurement for number of Leads shall be six months.

  4. Top Producer Websites. An advertisement may be permitted to include a link to a web site or other media. Customer agrees that during the term of the Agreement, any such destination website(s) or other media shall not contain (i) any real estate listing information, listings of real estate agents or brokers or home search listings ("Prohibited Content") nor (ii) any links to, nor any advertisements or promotion of, any Prohibited Content; however, such advertisement may nonetheless include a link to Customer's own website or the website of Customer REALTOR® office. If Customer ordered an Advertising Product that includes as a feature of the Product the right to create a link from the Advertisement(s) resulting from such Product to the Customer Site (a "Link-Permitted Product"), then Customer hereby grants to Customer a limited, revocable right to link to the Customer Site from such Advertisement during the Term, subject to the following conditions: (A) any and all links to the Customer Site (to the extent complying with this Agreement, "Authorized Links") must be configured according to Customer's Specifications; (B) Customer may not link to or frame any other page or area of or in the Customer Site, any Customer Distribution Channel or any web site owned, operated or provided by Customer or any of its affiliates without Customer's prior written permission; and (C) Customer may not configure any web page (nor any other page or area of any web site, mobile application or other media) in such a way as to require users to register, sign up for services, or otherwise submit Personal Information as a condition of accessing any web page, web site, mobile application, media or service of Customer or its affiliates without Customer's prior written permission. If Customer Order is for a Link-Permitted Product, Customer grants Customer during the Term a non-exclusive, royalty-free, revocable right to use the graphic images and text and other such images for which Customer grants express permission, solely for the purpose of establishing Authorized Links in the Advertisement(s) resulting from such Product. Customer reserves all of its rights in the graphic images and text, any other images, its trade name and trademarks, and all of its other intellectual property rights. Notwithstanding any other terms of this Agreement, Customer may revoke Customer's license to create Authorized Links at any time by providing Customer notice of such revocation.

  5. Email, Text Message, and Telephone Use. Customer and each of its Authorized Users agree to comply with all Supplier policies and all laws, rules and regulations relating to the sending of email messages and initiating text messages (including the CAN-SPAM Act, the Telephone Consumer Protection Act, and these acts' implementing regulations) through the Products. Additionally Customer and all of its Authorized Users agree not to disable or attempt to circumvent any consumer protection implemented by Supplier for email communication or text message communication through the Products. Any violation of this section may result in loss of features, up to and including termination of Customer's account. If Customer or any of its Authorized Users imports lists for the purpose of sending email or initiating text messages to such list, then Customer warrants that each person on such list has previously opted-in to receive email communication or text message communication from Customer. Customer will indemnify Supplier for any costs or damages incurred by Supplier due to Customer's or its Authorized User's failure to comply with this section.  Customer agrees that fees and charges generated from Customer's use of text messaging and dialer capabilities may be billed by Supplier or by a vendor that provides these capabilities to Supplier's customers and that Customer will be solely responsible for such fees and charges regardless of which entity bills Customer for them.

  6. Supplier Text Message and Telephone Communications to Customer. Customer and any Authorized Users expressly agree to receive text message communications and telephone communications from Supplier. These communications may include marketing text messages and telephone calls offering Supplier product add-on purchases to Customer.

  7. Top Producer Privacy Policy. Notwithstanding anything in the GTCs, Supplier's Privacy Policy as it relates to the Products governed by these PSTs is located at https://www.topproducer.com/privacy. Additional data privacy and security terms are located at https://www.topproducer.com/dpa.