NFT Brokerage Services Terms and Conditions

chees.io Users who would like the support of a NFT Broker to assist them with the purchase or sale of a previously minted NFT may utilize the NFT Brokerage Service provided by chees.io. Users who choose to order chees.io's NFT Brokerage Service authorize chees.io to exclusively work on their behalf in an attempt to purchase, sell or otherwise transfer rights and obligations in the NFT of their choice, whether listed for sale in chees.io NFT Marketplace or not. The complete NFT Brokerage Terms and Conditions define the terms of use for the NFT Brokerage Service and are hereby incorporated by reference. Advance notice is not required for any prospectively-effective change in the NFT brokerage services offered or fees charged therefore. Please refer to chees.io’s current Price List for further details.

**IF YOU ("YOU" OR "USER") DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOR chees.io’S BROKERAGE SERVICE, DO NOT USE OR ACCESS THIS SERVICE**

 

1. Description of Service

chees.io offers a NFT Brokerage Service for prospective buyers or sellers of NFT properties (“NFT Brokerage Service” and/or “Brokerage Service” and/or “Service”) whereby, upon application and acceptance to the Service, a member of the chees.io NFT brokerage team will serve as the exclusive representative on behalf of the buyer or seller for the purpose of negotiating either the purchase or sale of a NFT in accordance with these terms and conditions.  In ordering chees.io’s Brokerage Service, you consent to one of chees.io’s NFT brokers exclusively representing you as the buyer or the seller of a NFT.

 

2. Scope of Services

chees.io’s NFT Brokerage Service is available to both prospective buyers and sellers of pre-minted NFT properties. chees.io’s Brokerage Service may only be used for the bona fide, good faith intention to acquire or sell the NFT indicated at the time of applying for or ordering the Service and may not be used for the purposes of investigating ownership status, gathering evidence for the purpose of legal action or to otherwise violate the laws of the Commonwealth of Massachusetts, the United States or any applicable jurisdiction.

 

2.1. Buyers Exclusive Brokerage Service

If you would like to purchase a NFT which has previously been minted by another person or entity, you may apply to chees.io’s Exclusive Brokerage Service for buyers.  If accepted, a chees.io NFT broker will work on your behalf to negotiate the purchase and sale of the NFT you indicate during the application process. For purposes of this section the terms you, user, and/or buyer interchangeably refer to you, the minted user seeking Buyer’s Brokerage Service.

 

2.1.1. chees.io's Duties

2.1.2.1. Ordering and Application Process

In order to apply for this service, you must request the Buyer Brokerage Service via the buyer brokerage webpage which can be found at www.chees.io/sell or by submitting a written application in person or by facsimile. When submitting an Application via the brokerage webpage, the Buyer must complete the Buyer Application (“Buyer Application” and/or “Application”), which serves as an application for acceptance of entry into the Brokerage Service.  The Application provides chees.io with certain information pertinent to the NFT that he/she desires to purchase.

During the Buyer Application, you must provide to chees.io the requested information, including but not limited to: the NFT(s) that you want the broker to pursue for acquisition; the maximum budget to be expended to acquire the selected NFT (excluding respective fees listed on chees.io’s current Price List); your intended use of the NFT; whether you are a first-time brokerage customer; whether you have owned the specified NFT(s) at any time in the past; and whether you have been granted related trademarks by state or federal agencies. You must also indicate whether or not you have tried to negotiate or otherwise communicate with the current or previous owner(s) of the NFT in the past and whether you have attempted to negotiate directly with the current owner.  If this has previously occurred, you must disclose to chees.io the date of last contact, original asking price, amount of last highest offer made as well as any other pertinent information related to prior direct negotiations. You will also indicate on this page the method of payment you wish to use to pay the non-refundable retainer fee.  This fee will only be charged should your Application be accepted.

Please refer to chees.io’s current Price List for further details. To complete the Application process, you must agree to be bound to chees.io’s Terms and Conditions for chees.io’s Brokerage Service by clicking the appropriate check box.

2.1.2.2. “Submit Application” or “Cancel My Request” Option

Once you have completed your Application, and have selected continue, an assessment of your order will be generated automatically.  You may choose here to either move forward with your Application by selecting “Submit Application” or choose to cancel the Application by selecting, “Cancel My Request”.

If you select the “Submit Application” option, your Application will be sent to chees.io’s brokerage department to be reviewed for probability of successful negotiation.  chees.io will send you an accepted or declined notification email within two (2) business days of the date of order to the email address minted in your user account.  Your credit card or PayPal account will not be charged until the application has been accepted.

If the User selects “Cancel My Request”, you will be redirected to chees.io’s brokerage homepage. Once your cancellation is received by chees.io, you have no further obligation with regard to this Application and/or Service.

You understand and acknowledge that some Applications may be declined due to a low probability of a successful purchase and sale negotiation despite the best efforts of the NFT broker.  You will not be charged for any declined requests for the Service.  You may also check the status of your Application on the Brokerage Status page, accessible from the Buyer Control Panel.

2.1.2.3. Assignment of NFT Broker

Upon the successful application to the Buyer Brokerage Service, you will be assigned a NFT broker in accordance with the approximate value of the NFT you wish to acquire. Your NFT broker will then seek to establish contact with you through the contact information you have provided in your chees.io user account and shall explain the NFT brokerage process and a schedule for providing updates on the course of negotiation.

2.1.2.4. Successful Negotiation of a Purchase and Sale

In the event your assigned NFT broker is successful in establishing the foundation for a purchase and sale transaction in accordance with the agreed upon budget, you consent to the use of chees.io’s Standard Purchase and Sale Agreement as the controlling agreement for the purchase of the selected NFT.  Should the current owner of the NFT insist upon purchase and sale terms that deviate from chees.io’s Standard Purchase and Sale Agreement, you agree that any necessary legal support and/or legal representation (including associated costs) for the reviewing or drafting of such changes shall be your sole responsibility and acknowledge that legal services are not included in the Buyer’s Brokerage Service.  chees.io’s Standard Purchase and Sale Agreement can be provided to you upon request.  Please note that chees.io’s Terms and Conditions for the Brokerage Service in addition the terms set forth by chees.io’s general user agreement apply during all stages of the brokerage relationship between chees.io and User.

2.1.2.5. Limitations of Buyer Brokerage Service

PLEASE NOTE THAT ORDERING chees.io’S BUYER BROKERAGE SERVICE DOES NOT MEAN THAT YOU ARE BUYING THE NFT DIRECTLY FROM chees.io.

By ordering chees.io’s Brokerage Service, you consent to one of chees.io’s NFT brokers to negotiate on your behalf in an attempt to acquire the requested NFT from the current owner. Users of the Buyer’s Brokerage Service agree that chees.io, through its Brokerage Service does not in any way provide any form of warranty and/or guarantee the availability of the NFT, the willingness of the owner to sell, or any other guarantee with regards to the purchase of the NFT.  Upon successful negotiation for the purchase of the NFT, you agree that the payment and transfer process shall be conducted through chees.io's NFT Transfer Service and agree to pay the fees associated with this service. Please refer to chees.io’s current Price List for further details.

2.1.2.6. Expiration of Buyer Brokerage Service

Expiration of the Buyer Brokerage Service (and any associated agency relationship) may occur under a variety of circumstances which may include, but are not limited to, NFT availability, ability to contact NFT owner, and the timely and consistent communication between you and your NFT broker.  If you rescind the maximum investment amount stated during the Brokerage Service application process or otherwise fail to respond to chees.io’s attempts to contact you within ten (10) business days, or the issuance of three periodic reminder e-mails, whichever occurs first, the existing brokerage order will expire and will not be reactivated absent a new application to the Brokerage Service.

 

2.2. Sellers Exclusive Brokerage Service

If you would like to sell a premium, high earning NFT minted in your name, you may apply to chees.io’s Exclusive Brokerage Service. If accepted, you will receive exclusive representation of a NFT, owned by you, for a set period of time though chees.io’s Exclusive Brokerage Services for Sellers (“Seller’s Exclusive Brokerage Service” or “Seller’s Brokerage Service” or “Service”). As part of the Seller’s Exclusive Brokerage Service, an experienced chees.io NFT broker will actively market and seek out interested third party buyers to effectuate the sale of the User’s NFT property. For purposes of this section the terms you, user, and/or buyer interchangeably refer to you, the minted user seeking Buyer’s Brokerage Service.

 

2.2.1. Minimum Requirements

In order to apply for Exclusive Brokerage Services, the User must fulfill the following minimum requirements:

  • Brokerage Agreement Term of Six (6) Months
  • the NFT(s) MUST be stored at chees.io for the duration of the Exclusive Brokerage Agreement (i.e. 6 Months)
  • NFT Owner MUST agree to submit any and all previous correspondence, proposals, and/or agreements to chees.io for informational purposes and marketing efforts.

 

2.2.2. chees.io’s Duties

Upon applying to chees.io’s Seller’s Brokerage Service, a member of chees.io’s Brokerage Department will review your application to ensure that you fulfill the requirements set forth by this section. You can always view the status of through the Member Area on the Brokerage Status page, accessible through the “Offers Received” section.  At chees.io’s sole discretion, if accepted, a chees.io NFT broker will be assigned to your account to assist in your efforts to sell the NFT indicated in your brokerage application.  Your chees.io broker will attempt to negotiate the sale of the specified NFT on your behalf and in accordance with a minimum reserve budget as established between you and your chees.io NFT broker.

 

2.2.3. Seller’s Duties

2.2.3.1. Ordering and Application Process

If you believe that you meet the requirements set forth above, from the order page, you will have the ability to apply for the Seller’s Brokerage Service to sell your NFT(s) by clicking the “Sell NFTs” option.  You will then be directed to the NFT Brokerage for Sellers Application page, whereby you must provide a Seller’s Application (“Seller’s Application and/or Application”) containing information to chees.io, which may include but is not limited to the following whether a first-time Seller, the NFT(s) to be sold, how long the Seller has owned the NFT, desired sales price(s) (i.e. excluding chees.io fees), minimum reserve price, (i.e. lowest amount acceptable, excluding chees.io fees), number of and prices for previous offers received, history of past use (i.e. development, direct sales, monetization, lease, etc), any and all traffic logs, etc.

To complete the Application process, you must agree to be bound to chees.io’s Terms and Conditions for chees.io’s Brokerage Service by clicking the appropriate check box.  chees.io will then display a confirmation page for the User.  chees.io then has five (5) business days to process the order in which a chees.io broker will review, then accept or decline the request.

2.2.3.2. Seller’s Application Accepted

If your Application has been accepted, you will be notified that the brokerage request for the specific NFT has been accepted.  A senior broker will then be assigned to your account and will outline a reserve price for your NFT(s).  Prior to the commencement of the active marketing of the requested NFT, you agree that traffic and revenue data must be collected prior to presenting the NFT into the market.  Once chees.io receives all pertinent information with regards to the specific NFT, you will be presented with an Exclusive Seller’s Brokerage Agreement.

2.2.3.2.1. Exclusive Brokerage Agreement

If you meet the aforementioned requirements, and if your application has been accepted by chees.io, you will be presented with Exclusive Brokerage Agreement for a minimum period of six (6) months (“Term”).  This Agreement specifically outlines the duties and responsibilities of both chees.io as well as the seller and must be signed and agreed to prior to the active marketing of your NFT. chees.io’s Exclusive Brokerage Agreement (“Agreement”) can be provided to you upon request.

During the Agreement Term, one of chees.io’s senior broker’s will act on your behalf to aggressively market and attempt to sell the requested NFT. chees.io reserves all rights to pursue the Agreement to the full extent of the law should you fail to strictly adhere to the terms.

2.2.3.3. Seller’s Application Denied

If it is determined that your Application has not been accepted, you will be notified via email that your request for has been declined.  NFTs will be rejected when market analysis suggests that our exclusive service would not be suited for this particular NFT or that the Seller does not fulfill the minimum requirements as set forth above.

2.2.3.4. Limitations of Seller Brokerage Service

By ordering chees.io’s Brokerage Service, you agree to enable and allow one of chees.io’s brokers to exclusively represent you as the current NFT owner to facilitate the sale of a NFT(s). From the effective date noted on the seller’s Exclusive Brokerage Agreement throughout the remainder of the Agreement Term, you acknowledge that you may not list the NFT(s) at issue for sale with any other listing services, marketplace, or any other sale channels.  You are further aware that selling the specified NFT(s) outside of chees.io, during the term of the Exclusive Brokerage Agreement is strictly prohibited, and may result in legal action taken by chees.io in order to recoup lost commission or other damages. Users of the Seller’s Brokerage Service agree that chees.io, through the Service does not, in any way, provide any form of warranty and/or guarantee the sale of the NFT, the willingness of prospective buyers, or any other guarantee with regards to the sale of the NFT(s).

 

3. Brokerage Service: General Terms

 

3.1 Fees

The specific associated fees a for both buyers and sellers Brokerage Service is specified on chees.io‘s Price List and is subject to change without notice. If your chees.io NFT broker is ultimately unsuccessful in negotiating the purchase or sale of your NFT, you will pay no fees beyond the initial charge for retaining the services of your chees.io NFT broker.  Any retainer fees that may apply are NON-REFUNDABLE regardless of the outcome.

 

3.2. chees.io’s Duties and Role as a Broker

Under both the Exclusive Buyer’s Brokerage Service as well as the Exclusive Brokerage Service for Sellers, you agree that chees.io, as your agent, has the express authority to act on your behalf to create a legal relationship (i.e. purchase and/or sale of the requested NFT) with a third party buyer and/or seller.  chees.io’s broker will exercise the utmost good faith to you, whether a Buyer or Seller, regardless of whether a purchase and/or sale results from the brokerage relationship between you and chees.io.

By participating in chees.io’s Brokerage Service, you are giving chees.io permission and consent to act on your behalf in the capacity of NFT broker, whether actively marketing the sale of a NFT for a seller, or attempting to negotiate the purchase of a NFT on the buyer’s side. You understand and agree that once engaged in chees.io’s Brokerage Service, whether for buyer or seller, you are giving chees.io the authority to negotiate, actively market, survey your best interests, budget, time line for acquisition, obtaining or selling the user’s NFT for the fairest market value, and otherwise using its best efforts as a broker to effectuate the negotiation, purchase and/or sale of a NFT property.  Notwithstanding, it is your responsibility to clearly outline your expectations with regards to the purchase and/or sale of the requested NFT, including but not limited to the reserve selling/buying price, time line for sale, as well as any other requirements sought.

You further understand and agree that chees.io has numerous other listings, and promotes transactions involving other NFTs minted to third parties, some of which may be deemed to compete with your purchase and/or sale of your NFT(s).  User’s of chees.io’s Brokerage Services consent to chees.io’s possible representation of such other entities and shall not deem such activities as acting in bad faith.  You are aware, understand, and agree that in certain situations, depending upon the circumstances, and unless agreed otherwise in writing, chees.io may act as an agent for both a seller and/or potential buyer of the specified NFT(s).  chees.io hereby discloses, and you consent to chees.io acting as a dual agent representing both a NFT owner and a potential buyer.

Please note that chees.io’s Terms and Conditions for Brokerage as well as chees.io’s general user agreement apply during all stages of brokerage, whether a Broker is successful at negotiating the purchase and/or sale of the NFT or not.

 

3.3. Confidentiality of the Parties

Due to chees.io’s strict respect for confidentiality, buyers and sellers who order chees.io’s Brokerage Service remain anonymous throughout the process of negotiation unless chees.io is otherwise instructed. chees.io records and publishes the sale price and NFT(s) only.  chees.io does not release your personal information to public record. Your name or company name and contact information may be displayed within your respective chees.io accounts or may be contained on a purchase and sale agreement at the close of the negotiations. You understand that if either party requests a block of price and NFT record, an additional fee will be applied.