Vendor Application

This is an Agreement between you (the vendor) and us (InterNACHI®). We are a Colorado nonprofit corporation and 501(c)(6) trade association representing the interests of more than 20,000 home inspectors. You want to be an InterNACHI® vendor to obtain the benefits detailed at https://www.nachi.org/vendor.htm. We may change these from time to time. We want you as a vendor and agree to accept you as a vendor on these terms:

1. Payment terms. On the next page you will select your vendor dues (monthly or yearly). You authorize us to charge your credit card or bank account for this fee and other sums you owe us, and to sign any required forms for us to do this. You understand InterNACHI® may terminate your status if you do not pay all sums owed when due. You understand InterNACHI® will automatically renew your status and charge you unless you notify InterNACHI® in writing that you no longer wish to be a vendor at least 30 days prior to the expiration of your status. If you elect not to renew, you must send your notice to InterNACHI, 1750 30th Street Ste 301, Boulder, CO 80301 or to the main email contact listed on our contact page.

2. Duty to Respond. You have a duty to regularly respond to questions about your company, your products, your services, your privacy policies, your return policies, and anything else InterNACHI® members may post about you on the message board thread where we announce your offer. We may revoke your status as a vendor if you fail to fulfill this duty, and we will make no refund. You understand that people may make comments on our message board that you believe are not favorable to you; however, we believe in free speech. You may respond to such comments, but we will not remove them. We are not liable for any comments anyone makes on the message board.

3. Use of InterNACHI’s Seals and Intellectual Property. You may use our “Superior Product” or “Super Service” seal while you remain a vendor. You may not use any other InterNACHI® intellectual property without our written permission.

4. Code of Ethics / Indemnity. You must comply with InterNACHI’s Vendor Code of Ethics. InterNACHI® may terminate your status if you fail to comply, and we will make no refund. If you fail to comply with the Vendor Code of Ethics or otherwise violate any applicable law, and any third party brings suit against us arising out of your status as a vendor, you agree to defend and indemnify us.

5. Disputes. InterNACHI strives to improve each day. If you have a complaint or concern arising out of your InterNACHI membership, you will promptly email it to us at fast-reply@internachi.org. Similarly, if you have feedback or suggestions on how InterNACHI can improve, please email those to us at fast-reply@internachi.org.

6. Mediation. If you notify InterNACHI of a complaint and we are unable to resolve it, you agree to participate in non-binding mediation with us before filing any action. The mediation will take place in Boulder, Colorado, and each side will pay 1/2 the mediator’s fees. The mediator will be Steve Clymer of Accord Dispute Resolution in Boulder. If he cannot serve, the mediator will be Steve Meyrich of Boulder. If he cannot serve, InterNACHI’s General Counsel will appoint the mediator.

7. Venue / Waiver of Jury / Attorney’s Fees. The exclusive venue for any dispute arising out of your InterNACHI membership shall be in Boulder, Colorado, unless federal jurisdiction is mandatory, in which case the exclusive venue will be the U.S. District Court in Denver. In any such action, both parties waive trial by jury. In any such action, the court must award the prevailing party their actual attorney’s fees and costs.

8. Severability. If a court invalidates any provision of this Agreement, the remaining provisions shall remain in effect.

9. Not Assignable. You may not assign your membership in InterNACHI.

10. Waiver. Failure to invoke any right in this Agreement by either party shall not be a waiver of that right.

11. Governing Law. Colorado law governs this Agreement.

12. Reading / Review of Counsel. You have carefully read this Agreement. You had the opportunity to have qualified counsel review this Agreement before agreeing to it.

13. Voluntary Agreement. You enter into this Agreement voluntarily, free of any duress.

14. Entire Agreement. This Agreement contains all representations by InterNACHI to you and expresses the entire understanding between the parties with respect to the transaction at issue. All prior communications are merged into this Agreement, and there are no terms or conditions other than those set forth herein.

15. Modification. No alleged promise or representation of InterNACHI shall be binding unless reduced to writing and signed by an authorized officer of InterNACHI.