Version: August 21, 2026
Thank you for choosing Peak Insurance Advisors. The latest version of these terms together with your signed Renter’s Insurance Marketing Agreement and/or RentCafe Rewards Addendum for Property Managers (as applicable) are the terms that apply to you (collectively, this “Agreement”). Client is the owner or manager of certain multifamily apartment communities and/or single-family homes. Peak markets, solicits and enrolls residents in ResidentShield® HO4 policies (a “Policy,” and collectively, the “Policies”). Client, as an authorized agent acting on behalf of the Owner(s), desires to allow Peak to market and solicit such policies to Client’s Residents, and to facilitate Residents’ enrollment in the Policies pursuant to the terms and conditions of this Agreement and each applicable Master Policy.
1. Definitions
“Advertising Materials” means any and all marketing material prepared for dissemination to the public with respect to insurance, including, but not limited to, direct mail solicitations, brochures, advertising packages, letters, applications, point of sale materials, web-site advertising, e-mail solicitations, text messages and training materials used by Peak to market and solicit the Policies.
“Client Resident” means a Resident who enrolls in a Policy.
“Contractor” means any third-party providing services to Client who is not a provider or an affiliate of a provider of real property management and accounting software or renters’ insurance policies and related services.
“Force Majeure Event” means any event beyond the reasonable control of the party affected by such event, including without limitation fire, storm, weather, earthquake, explosion, casualty, strike, war, riot, civil disturbance, act of God, acts or omission of any third party, any state or federal law, decree or ordinance, or any executive or judicial order, which event causes a party to delay or fail to perform under this Agreement.
“Property” or “Properties” means the Property or Properties utilizing the Services.
“Property Owner” or “Owner” or “Client” means the legal entities to be legally bound by this Agreement and, if applicable, listed in Schedule A of the Insurance Marketing Agreement.
“Services” means the marketing and soliciting of Policies to Residents, and the facilitation of Client Residents’ enrollment in such Policies, and any other related services expressly set forth in this Agreement (including in a schedule or addendum hereto).
“Resident” means a tenant at a Property.
“Unit” means an individual unit space located at a Property that is either occupied by a Resident or is available for rent.
2. Term and Termination
a. Term. This Agreement will commence on the Effective Date and shall remain in full force as set forth in the Renter’s Insurance Marketing Agreement and/or RentCafe Rewards Addendum for Property Managers, as applicable, unless earlier terminated in accord with section 2(b) (Termination for Cause) or section 2(c) (Termination for Convenience). Upon expiration of the Initial Term, this Agreement shall automatically renew for successive 1-year terms (each a “Renewal Term”) unless a party provides written notice of non-renewal at least 30 days prior to expiration of the then-current (Initial or Renewal) Term. The Initial Term and Renewal Term(s) shall be collectively referred to as the “Term.”]
b. Termination for Cause. Either party may terminate this Agreement upon written notice to the other party if the other party materially breaches this Agreement and fails to cure such breach within 7 days of written notice or if the breaching party cannot reasonably cure the material breach within 7 days the breaching party fails to initiate cure within 7 days of written notice and fails to continuously and diligently work to cure the breach until the breach is cured. Termination pursuant to this section 2(b) (Termination for Cause) shall be effective upon delivery of written notice after expiration of the applicable cure period.
c. Termination for Convenience. This Agreement may be terminated for convenience as follows:
(i) By Peak, upon 30 days’ written notice to Client of unprofitability of the Services.
(ii) By Peak, as necessitated by applicable law, regulation or order.
(iii) By Client upon sale of a Property, or the cessation of Client’s management of a Property. A termination under this subsection shall apply only to the Property or Properties sold or ceased to be managed by Client.
(iv) By either party, upon written notice to the other party, if the underwriter of the Policies materially changes the insurance coverages, limits, or premiums of the Policies.
(v) After the Initial Term, by either party upon 30 days’ written notice to the other party.
d. Effect of Termination. Upon termination of this Agreement, (i) Client shall promptly return or destroy (at Peak’s discretion) the Advertising Materials in Client’s possession, and (ii) the relevant renter’s insurance functionality within Client’s instance of the Licensed Programs (as defined in Client’s SaaS Subscription Agreement (“SaaS Agreement”) between Client and Yardi Systems, LLC. (“Yardi“)) may be disabled.
e. Survival. The parties’ obligations under, and the provisions of, sections 2(d) (Effect of Termination), 5 (Confidentiality), 6 (Warranty Disclaimer), 7 (Damage Limitations), and 12 (General Provisions) shall survive this Agreement’s termination or expiration.
3. Client Representations, Warranties and Obligations. Client represents warrants and agrees that it shall have the following duties and authority:
a. For the Term of the Agreement, Client grants to Peak the exclusive right to market the Policies to Residents by all lawful means, including the placement and maintenance of Advertising Materials in online portals, at Client’s offices and Property leasing offices, in a visible and accessible location, and as the parties may otherwise mutually agree. Client covenants that it shall not grant to any other individual or entity a right to market competing Policies or place competing advertising materials at Client’s offices, display advertising materials from other insurance providers on Client controlled marketing or Resident-facing websites, any Property leasing offices, or at any other location at any Property. Peak acknowledges that Client does not have complete control over advertising space in certain common areas at certain Properties. To the extent that either Client becomes aware or Peak advises Client of a third party’s advertising efforts on Properties, Client shall use reasonable efforts to have such third party’s advertising removed. Client represents and warrants to Peak that its grant of the exclusive right to market herein shall not violate any other agreement, promise or undertaking that Client has with any third party.
b. Client grants Peak the nonexclusive right to list the Properties participating in the Services on Peak’s insurance marketing websites and the nonexclusive right and license to utilize Client’s logo(s) in Peak’s marketing and collateral materials and various marketing lists for the purposes of marketing the Services to Residents, including, without limitation, in the Advertising Materials.
c. Once Client has approved any Advertising Materials, Client shall not unduly interfere with the reasonable display of such Advertising Materials in a manner and form established by Peak.
d. Client acknowledges and agrees that it is not a licensed insurance agent of any entity, including Peak, and will not perform, and will instruct its employees and agents not to perform, any activities related to the sale or provision of Services in accordance with applicable law.
e. Client may not and shall not receive premiums on behalf of Peak for Services provided to Client Residents. In the event that Client inadvertently receives any premium payment, it shall promptly forward such premium payment to Peak and notify the applicable Client Resident of the appropriate mailing address for future premium payments.
f. Client grants Peak the right to market and solicit the Policies directly to Residents by all lawful means, including electronic means such as online web portals, text message, e-mail, or U.S. mail. Client represents and warrants that it has obtained all required consents from, and provided any and all necessary privacy notices to, Residents to enable Yardi’s marketing and implementation activities contemplated by this Agreement.
g. Client represents and warrants that it has full power and authority to enter into and perform this Agreement, and that the execution and delivery of this Agreement has been duly authorized by the Owner and/or landlord of the Properties. Further, Client represents and warrants that (a) it has been duly authorized to enter into and perform this Agreement on behalf of the Owners, (b) the execution, delivery, and performance of this Agreement by the Client on behalf of the Owner does not violate any applicable law, regulation, order, or agreement to which the Client or the Owner is a party or by which either is bound; and (c) this Agreement, when executed and delivered by the Client on behalf of the Owner, constitutes a valid and binding obligation of the Owner, enforceable against the Owner in accordance with its terms. Client shall indemnify, defend, and hold harmless Yardi and Peak for any claims arising out of any breach or inaccuracy of any representation or warranty made by the Client under this Agreement.
h. Client represents and warrants that, within 30 days of the Effective Date, and except with respect to any rent-controlled, affordable or other non-eligible Units identified in this Agreement, its standard leasing documentation will require that the Resident must maintain a minimum of $100,000 in personal liability insurance coverage procured from the insurance provider of Residents’ choice. To the extent permitted by applicable law, Client shall include or cause to be included such insurance requirement in each new lease agreement or renewal entered into at least 30 days after the Effective Date, for the term of this Agreement. Promptly upon execution of this Agreement, Client shall provide Peak with a copy of each Property’s standard leasing documentation that includes such requirement.
i. Client represents and warrants that, as soon as reasonably practicable after the Effective Date, Client shall activate, or cause or allow to be activated, each property management software feature relating to the enforcement and monitoring of the Resident’s leasing requirements as set forth in section 3.h., including, without limitation, the feature that requires a Resident’s proof of renter’s insurance prior to establishing a new tenancy.
4. Peak Rights and Obligations. Peak shall perform the Services, comprising the following rights and obligations:
a. Create, develop and deliver all Advertising Materials. The Advertising Materials shall be subject to the prior written approval of Client, such approval not to be unreasonably withheld, conditioned or delayed. Peak shall provide representative samples of all Advertising Materials to Client for review. Client shall approve or reject each such offering within 10 business days of receipt thereof. To the extent Client fails to either approve or reject such offering of Advertising Materials within 10 business days, the Advertising Materials shall be deemed to have been approved by Client. Peak shall not be required to submit to Client for subsequent approval substantially similar types of Advertising Materials.
b. Market and solicit the Policies to Residents, including the right to communicate with Residents by electronic means or U.S. mail.
c. Facilitate the enrollment of Residents in the Policies, including through use of the relevant renter’s insurance functionality within Client’s instance of the Licensed Programs (as defined in Client’s SaaS subscription agreement with Yardi Systems, LLC) by requesting from such Residents the required information and delivering such information to the underwriter of the Policies (or such underwriter’s agent).
5. Confidentiality. “Confidential Information” means all technical and non-technical information including: (i) patent, copyright, trade secret, and other proprietary information, (ii) this Agreement’s terms, (iii) software programs, software source documents, object code, source code, database dictionaries, web-based software applications and various “Policy in Force” reports, and (iv) any other information disclosed by a party, or to which a party is exposed because of this Agreement, that the disclosing party identifies as confidential at the time of disclosure or which – by its nature – reasonably should be regarded as confidential.
a. Nondisclosure and Nonuse Obligations. Each party (the “Receiving Party”) agrees that it will not disseminate, distribute, expose, or in any way disclose any Confidential Information of the other party (the “Disclosing Party”), to any third party. Notwithstanding the foregoing, Peak may disclose the Reporting Schedule data to Insurer, the underwriter, or other of the underwriter’s agents, producers or managers, for the purpose of adding individual residence premises to a Client’s Master Policy. The Receiving Party may use the Disclosing Party’s Confidential Information to the extent necessary to perform its obligations under this Agreement. The Receiving Party agrees that it will treat all Confidential Information with the same degree of care as the Receiving Party accords its own Confidential Information, but in no event less than reasonable care. The Receiving Party agrees that it shall disclose Confidential Information only to those of its employees and agents who need to know such information, and the Receiving Party certifies that such employees and agents have previously agreed, either as a condition to employment or in order to obtain the Confidential Information, to be bound by terms and conditions applicable to the Receiving Party under this Agreement. The Receiving Party shall immediately give notice to the Disclosing Party of any unauthorized use or disclosure of the Disclosing Party’s Confidential Information. The Receiving Party agrees to assist the Disclosing Party in remedying any such unauthorized use or disclosure of Disclosing Party’s Confidential Information.
b. Exclusions from Nondisclosure and Nonuse Obligations. The Receiving Party’s obligations per Section 5.a. (Nondisclosure and Nonuse Obligations) shall not apply to Confidential Information that the Receiving Party can document: (i) was (through no fault of the Receiving Party) in the public domain at or subsequent to the time the Disclosing Party disclosed the information to the Receiving Party, (ii) was rightfully in the Receiving Party’s possession free of any confidentiality obligation at or subsequent to the time the Disclosing Party disclosed it to the Receiving Party, or (iii) was developed by the Receiving Party’s employees or agents independent of, and without reference to, any information communicated to the Receiving Party by the Disclosing Party. A Confidential Information disclosure by the Receiving Party either (A) in response to an enforceable order by a court or other governmental body, (B) as otherwise required by law, or (C) necessary to establish the rights of either party under this Agreement, shall not be a breach of this Agreement by the Receiving Party or a waiver of confidentiality for other purposes; provided, however, the Receiving Party shall provide prompt prior written notice of any such Confidential Information disclosure to the Disclosing Party (to the extent allowed by applicable law) to enable the Disclosing Party to seek a protective order or otherwise prevent such disclosure.
c. Ownership and Return of Confidential Information and Other Materials. The Disclosing Party’s Confidential Information is and shall remain the Disclosing Party’s property, and this Agreement does not grant or imply any license or other rights to the Disclosing Party’s Confidential Information except as expressly set forth in this Agreement. Within five (5) business days after the Disclosing Party’s request, the Receiving Party will promptly either (at the Disclosing Party’s election) destroy or deliver to the Disclosing Party all Confidential Information and materials furnished to the Receiving Party, and the Receiving Party agrees to provide a written officer’s certification of the Receiving Party’s compliance with the foregoing obligation.
d. Third Party Information Disclosure. The Disclosing Party shall not communicate any information to the Receiving Party in violation of the proprietary rights of any third party.
6. Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, PEAK DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH REGARD TO THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Damage Limitations
a. DAMAGE WAIVER. REGARDLESS OF ANY OTHER PROVISION IN THIS AGREEMENT, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PEAK DISCLAIMS ALL OBLIGATIONS AND LIABILITIES FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, ATTORNEYS’ AND EXPERTS’ FEES, AND COURT COSTS (EVEN IF PEAK HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT.
b. LIABILITY LIMIT. IN ADDITION TO THE LIMITATIONS OTHERWISE SET FORTH IN THIS AGREEMENT, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CLIENT AGREES THAT IN THE EVENT OF ANY CLAIM OR CAUSE OF ACTION BY CLIENT ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, PEAK’S MAXIMUM LIABILITY TO CLIENT, REGARDLESS OF THE AMOUNT OF LOSS CLIENT MAY HAVE SUFFERED, SHALL NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000.00).
8. Assignment. This Agreement cannot be assigned by you for any reason without the prior, express, written consent of Peak, which Peak may withhold in its sole discretion. Any attempted or purported assignment without Peak’s prior, express, written consent is void. This Agreement is binding on and inures to the benefit of both you and Peak and our respective, authorized assigns, successors, and legal representatives.
9. Audits. Each party shall, upon reasonable notice from the other party, and no more often than once annually, make available for inspection to the other party during regular business hours, records pertaining to the party’s performance of its obligations under this Agreement. Any information to which an inspecting party hereunder shall have access hereunder shall be deemed Confidential Information.
10. Intellectual Property. ResidentShield and ResidentShield.com are the trademarks and trade names of Peak. Client may not use such trademark without the prior written consent of Peak. Peak owns the copyright in any and all materials it may provide to Client for use under this Agreement and Client may not reproduce such materials without the prior written consent of Peak.
11. Compliance with Law. Each party agrees to comply with the provisions of all federal, state, county, and local laws, ordinances, regulations and codes directly applicable to such party.
12. General Provisions
a. Independent Contractor Status. The parties agree that they are independent contractors and nothing in this Agreement is intended to make the parties partners, agents, joint venturers, or any other form of joint enterprise, or to make the employees, agents, or representatives of one of the parties into employees, agents, or representatives of the other party. No party to this Agreement shall have any express or implied right or authority to assume or create any obligations on behalf of the other party or to bind the other party to any contract, agreement, or undertaking with any third party.
b. Disputes. In the event of a dispute arising out of or related to this Agreement, the parties shall use commercially reasonable efforts, in good faith, to informally resolve the dispute. These efforts shall be confidential and protected under applicable law as compromise and settlement negotiations. If after 30 calendar days of good faith negotiations the parties are unable to reach a mutually satisfactory resolution, either party may pursue its rights and remedies under applicable law.
c. Governing Law. This Agreement shall be governed and determined by the laws of the United States and the State of California as such laws are applied to agreements made and performed entirely within the State of California.
d. Venue. Any action or proceeding related to or arising out of this Agreement shall be resolved only in a court of competent jurisdiction in the City of Santa Barbra, California and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere.
e. Notices. All notices that Peak may be obligated to provide you will be sent to the email address you pro-vided during your Yardi Voyager registration and as may be updated by you from time to time. You expressly acknowledge and agree to keep your email address up to date. If you have any reason to contact Peak about your Services or provide Peak with a notice pursuant to this Agreement, you must write to Peak at:
PEAK INSURANCE ADVISORS, LLC
8616 Freeport Pkwy, Suite 300
Irving, TX 75063
f. Waiver. The waiver of a party’s breach of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.
g. Severability. If a court or other body of competent jurisdiction determines that any provision of this Agreement is illegal or unenforceable, that provision will be severed from this Agreement, and the remaining provisions will remain enforceable.
h. Headings. This Agreement’s section headings and captions are inserted for convenience only and are not intended to form a material part of this Agreement.
i. Non-Solicit/Non-Hire. The parties agree not to solicit (other than a general solicitation to the public) the employment of, engage as an independent contractor, or hire, any employee of the other party while such person is an employee of the other party and until such person has not been an employee of the other party for 6 months.
j. Modification. You acknowledge and agree that this Agreement and any additional terms of use that apply to the features, products and services you qualify for and license can only be modified by Peak.
k. Force Majeure. Neither party shall be liable under this Agreement for failure or delay in performance caused by a Force Majeure Event. If a Force Majeure Event occurs, the party affected shall use commercially reasonable efforts to resume the performance excused by the Force Majeure Event.
l. Peak Not an Insurer. Client acknowledges and agrees that Peak is not the underwriter of the Policies, is not an insurer, and is not obligated to settle Policy claims with or on behalf of Client Residents.