LEAD GENERATION TERMS

 

GENERAL PROVISIONS

A lead is defined as follows:

  1. A phone lead that has been forwarded directly to the Lead Buyer. All phone leads are also tracked and recorded for accounting purposes.

The Lead Supplier assumes all costs of advertising, domains, web hosting and labor involved in collecting the leads. The Lead Buyer is purchasing qualified phone leads.

Phone leads will be call forwarded to the Lead Buyer’s by Lead Supplier source tracked business number.

All leads are generated directly by the Lead Supplier and each lead will be sold exclusively to one Lead Buyer in the buyer’s business area. Same Lead will not be resold to any other entities.

Lead Buyer understands and agrees that all phone leads received will be considered legitimate and will be charged as such. It’s the buyer’s responsibility to make sure that the business phone is working properly; the Lead Buyer will be responsible for the calls if the phone system is not functional without prior 24 hours written notice to lead supplier to pause the account, otherwise all calls forwarded to the voice mail will be considered ligament calls and lead buyer will be charged for the calls. Lead buyer may dispute bogus leads and both Lead Buyer and Lead Supplier will review recorded phone records. The lead supplier will assign one or more web pages (websites) to lead buyer during this contract. The website will be owned in total by the lead supplier, the lead buyer doesn’t have any rights over the assigned website to lead buyer. Credit for disputed leads will only be given under the following conditions or circumstances:

  • Lead is received containing bogus contact information such as phone number, etc.
  • Lead received is, Misdials, Fax Calls.
  • Lead is received from the competitor, sales, marketing or some other entity not looking for specific services provided by Lead Buyer.
  • Lead is received that is outside the scope of agreed-upon lead types. ( Junk Cars Leads )
  • Lead Buyer understands that Lead Supplier is only providing sales leads, not sold customers. It is the responsibility of the Lead Buyer to make the sale and capture the appointment.

LEAD FEES

  • The Lead Buyer will pay the Lead Supplier a set price Per call as agreed on, and listed in Lead Testing Trial Form

If the lead buyer decides to pause the account and has a positive balance, the lead supplier will continue to generate leads until the total deposit amount is covered in full, then the account will go on pause.

 

PAYMENTS

Essentially, this is a Post-Paid Lead Generation program. At the end of every day lead supplier will send an invoice to lead buyer and lead supplier charge the credit card on the account for additional 3.5% from the total transaction.

If payment is made later than 48 hours after receiving the invoice, a $20 late fee will be charged for every day the payment is delayed until payment is made.

 

INDEPENDENT CONTRACTOR

This Agreement shall govern the relationship between the parties, which shall be that of an independent contractor.  Nothing in this Agreement shall be construed so as to create an employer-employee relationship.  Lead Supplier is an independent contractor in relation to Lead Buyer.  No agency relationship, joint venture or partnership is created by this Agreement.  Lead Supplier shall have no authority, express or implied, to enter into contracts with third parties or make representations on behalf of Lead Buyer without its express written consent.  Lead Supplier understands he is an independent contractor and is therefore solely responsible for all self-employment taxes and any federal, state and local taxes or fees that may arise from the independent contractor relationship.

TERM AND TERMINATION

This agreement is ongoing from the initial start date. The agreement can be ended at any time by either party, with a written (email) notice.

Lead buyer has to pay the remaining balance for the accrued calls

 

EXCLUSIVITY

Each lead generated will be sold exclusively to lead buyer, the lead supplier will not sell the same lead to other lead buyers. The lead supplier could sell other leads in the same territory of the lead buyer to other lead buyers as long the lead is sold only once to any lead buyer.

MODIFICATION

This agreement may be amended from time to time by mutual consent. Any amendments to this agreement must be in writing and signed by both parties.

 

CONFIDENTIALITY

Each party acknowledges and agrees that any information relating to the other party’s business which is not generally known to the public is confidential and proprietary information. Neither party will disclose the Confidential Information to third parties without prior written agreement. This business agreement, relationship, or operating practices shall not be made public on any Website, Internet forum, social networking site, message board, or any other public media without the express written consent of both parties.

 

INDEMNIFICATION

(a) Lead Supplier – The Lead Supplier shall indemnify and hold harmless the Lead Buyer from and against any and all third party claims, demands, losses, damages and reasonable expenses (including, without limitation, reasonable legal fees) arising from or in connection with the conduct of this agreement.

 

(b) Lead Buyer – The Lead Buyer shall indemnify and hold harmless the Lead Supplier from and against any and all third party claims, demands, losses, damages and reasonable expenses (including, without limitation, reasonable legal fees) arising from or in connection with the conduct of this agreement.

 

ENTIRE AGREEMENT

The parties have read this Agreement and agree to be bound by its terms, and further agree that it constitutes the complete and entire agreement of the parties and supersedes all previous communications, written, and all other communications between them relating to the license and to the subject hereof.