Customer Lead Agreement Details
Last Updated: 04/01/2020
Effective date: 04/01/2020
Your customer leads are very important to . (“” or “Company”). refers to and/or If you have any questions, please do not hesitate to let the Company know. We are strong believers in straightforward and honest communication. For the quickest results, contact us here
Please note that throughout this Agreement, 'we,' 'us,' and 'our' refer to , and 'you,' 'your,' and 'yours' refer to you as the receiver of customer leads or you as an affiliate of .
PLEASE READ ALL OF THE TERMS AND CONDITIONS IN THIS CUSTOMER LEAD AGREEMENT (“AGREEMENT”).
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
BY SUBMITTING YOUR BUSINESS INFORMATION TO , AND BY OUR REFERRING YOUR BUSINESS POTENTIAL CLIENTS, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions governing your relationship with the Company () and, if applicable, your participation in the Customer Lead Program (the 'Program'). The purpose of this Agreement is to allow the full usage of your business information including your business name, logo, your business and/or personal phone numbers and email addresses submitted to us for marketing your business in order to refer potential customers to your business. In addition, you give permission to have no limitations in their ability to market your business including but not limited to creating unlimited business listings on 3rd party business listing directories or sites including but not limited to Google My Business, Yelp, Yellow Pages, etc. may also follow up with previous customer lead to review their interaction(s) with you or your business. These reviews may be displayed on the site or on other 3rd party business listing pages where applicable. You also agree to have your voice call interactions recorded for purposes of understanding the reasons for lead rejection(s).
You allow us to register a new domain name based on your business information. This domain name will the one we use to market and advertise your business and allow you to respond to customer emails using this domain email address. This allows you to interact with customers while keeping your information private. You can of course always respond using your email address and/or phone number but this gives the customer access to contact you directly. The domain we create may include your business name and location and other identifiable to us information so we can identify your business based on information found in the domain name. This may include the phone number we assign to your business and/or the internal id associated with your business in our database.
To begin the enrollment process, you will complete and submit the online application at the website by registering a new account and submitting your business information. We will evaluate your application within a reasonable timeframe. We may reject your application at our sole discretion and at which time will notify you via email, phone call, and/or text message.
We will reject your application or cancel your existing account if we determine that your business is unsuitable for our Program, including if it:
- Promotes sexually explicit materials.
- Promotes violence.
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Promotes illegal activities.
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
- Includes '' or variations or misspellings thereof in its domain name.
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
- Contains software downloads that potentially enable diversions of lead payments from other referral sources participating in our Program.
- Promotes “get-rich-quick” schemes that have no tangible business value.
- Any reason determined to be of little or no use to or our site visitors.
- Any reason determined to potentially cause harm to the brand or online reputation.
- Any reason determined to cause to encounter harm with our search engine standing, ability to advertise your business or create 3rd party business listings due to their standards or policies.
- Any past non-compliance with terms or non-payment to for legitimate leads by account owner or business contact.
- Any past issues or high rejection rate(s) of leads by account holder or business contact.
- Is in violation of any other term or condition referenced herein.
You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are or any other affiliated business without prior written permission from .
As a member of 's Program, you will have access to our Customer Lead Control Panel (i.e. your Dashboard). There you will have access to your lead performance data, billing information including the ability to reject leads from invoices prior to the invoice being submitted for payment, and the ability to update your contact and payment information.
In order for us to accurately keep track and for you to receive all leads from our marketing of your business, you must maintain accurate phone and email contact information for your business on file with . is not responsible for any missed conversions if any supplied contact information is no longer accurate or has become unreachable (including but not limited to your voice mailbox is full, your email inbox is full or email to your email address bounces due to improper configuration, etc.) or has been modified in any way by you that causes a communication failure (i.e. your email or phone number forwarding fails to forward the information properly, you have set up call blocking or are limited unknown numbers, etc.).
It is entirely your responsibility to comply with all applicable intellectual property and other laws that pertain to your site. will provide upon request any contact information we may have for your business if requested by any law enforcement personnel or agency. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.
It is your obligation to review this Agreement regularly. You must stay aware of any changes to this Agreement, although will use its reasonable efforts to notify you of any major changes.
Rights and Obligations
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement.
It is your responsibility to ensure that all leads are from legitimate sources and could possibly lead to a new customer for your business. Upon registration and acceptance, your business will be assigned a unique phone number that we use to market your business. Any contact to this phone number assigned to your business either by voice call, text or sms message message, etc. will be determined to be a potential lead and you will be billed accordingly. We do offer a grace period for you to review the upcoming billable leads. Should you decide the lead is not applicable to becoming a customer for your business you will have the option and responsibility to reject the lead and prevent from being billed for payment. Once your lead has been submitted to a payable invoice it can no longer be rejected.
Rejecting a lead will block the specific phone number or email address from future leads to your business. Note that this is for a single business entity and not for your account. If the same phone number or email address attempts to contact a different business in your account you will be required to reject the contact from each business.
Term and Termination
This Agreement will begin immediately upon your submission of the application and will continue unless terminated hereunder. Either you or we may terminate this Agreement immediately at any time and for any reason. Termination notice may be provided via phone call, text message, and/or email and if so, we will do our best to terminate all leads to your business. Should you decide to terminate our agreement, you must notify use either by phone call or email as well as by logging in to your account and removing any business(es) you wish to terminate the agreement. Upon termination, either by you or , we are under no obligation to remove existing business listings or other marketing information that we have distributed during our agreement for your business. All lead payments then due at the time of termination will be included on the next billable invoice and will be issued in the normal manner.
If you are also a referring agent of the Company, you may be subject to termination if your activity within your account is in violation of any corresponding terms of service.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email, (sent to the email address provided in the course of your registration with the Company). Modifications may include, but are not limited to, changes in the payment procedures and the Program rules. If any modification is unacceptable to you, you may terminate this Agreement. Your continued participation in the Program following the email of the change notice and the new Agreement on our site will indicate your agreement to the changes.
is a PPL (pay-per-lead) program. We expect payment in full for all non-rejected leads provided to your business. Delay in submitting payment my result in your business not receiving new leads until your account returns to good standing. Continued late payments and/or high lead rejection rates may result in your business or account being terminated from the program.
Lead payments are due with the generation of a new invoice which occurs every Monday. The lock period being a week ago Sunday through two weeks ago Monday. For example, all leads received between Monday May 4th through Sunday May 10th will be invoiced and due for payment on Monday May 18th. You should have at least 1 full week to review any suspect leads prior to their being due for payment. may, in its discretion, withhold any affiliate payments until such time as referred customers have completed payment for our service. Payments shall be made by Company check or digital payment (such as PayPal). All payments are made in U.S. Dollars only. Additional payment options (including, but not limited to, electronic payments whether directly or via a 3rd-party provider) may be added at any time. Should this occur, a notice will be sent via email with details and instructions for enrollment. It is your sole responsibility to ensure that your payment information, regardless of means of transmission, is current and correct especially you have agreed to auto-payment. Digital payments (such as PayPal, Venmo, Apple Pay, Andoid Pay, Amazon Payments) paid from a valid email address or business cannot be reversed or refunded for any reason. Additionally, digital payments may be subject to total dollar amount limits as imposed by the payment provider, and if that limit should be exceeded, you will be required to issue as many separate payments as necessary to reach the full amount due your business in the given invoice period and prior to the 5 day pending suspension date. If full payment cannot be received within 5 days it will be handled by a case by case basis. Multiple payment methods may need to be established for faster payment (pre-payment, various payment methods, etc.).
Company shall compile and calculate the data required to determine your eligible lead amount due. This information will be available for your review via the Customer Lead Control Panel (i.e. your Dashboard). Any questions or disputes regarding the data or payout provided by Company must rejected via the portal prior to the current invoice payment due date, otherwise the information will be deemed accurate and accepted as such by you.
will only invoice you for customer leads that are earned and tracked while you are an active participant in the Program. If you are removed from the Program because of non-compliant behavior, you will no longer receive leads but will be billed for all leads received prior to the termination of this agreement. If you voluntarily close your account or you are removed from the Program or are not responsive to outreach attempts, you will cease earning leads and all payments will be due immediately.
As required by U.S. Law, U.S. Residents may be required to submit a W-9 form to the Company (as required by the Internal Revenue Service).
Any missing payments, regardless of method of transmission or cause of loss, are subject to a reissuing request. If the previous payment cannot be voided, special arrangement will need to be made to investigate the failure. Your account or business status may be suspended until payment issues can be resolved.
In addition to any other remedies that may be available to Company, in the event of any breaches by you of this Agreement, you shall forfeit your rights to any leads owed by to you. may also withhold access to past lead information.
Access to Customer Lead Control Panel (i.e. your Dashboard)
We will create and email a password so that you may enter your secure account interface in the Customer Lead Control Panel. You will be able to manage your Profile and business information including your password from this Dashboard.
In the event you provide your password to other users, you are responsible for any actions taken through the use of your password (i.e. payment Profiles, business and contact information, etc.)
, , or Integrated Software LLC may appear on your payment statement.
PrePaid Payments and Prepaid Packages
There are no refunds or exchanges. Upon 6 months of continued service, you are entitled to a prorated refund for the price per lead from your selected package for any undelivered lead. Prior to 6 months of continued service from the date of purchase of your current package there are absolutely no refunds or exchanges.
Package Pricing & Cost Per Lead
Prices are subject to change at any time with no advance warning. Once you have a paid for a prepaid package your price per lead will not change until the package is completed. Future package prices may be the same, more or less than a previously purchased package and package options can be changed at any time.
MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Representations and Warranties
You represent and warrant that:
This Agreement has been duly and validly communicated and agreed to and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL COMPANY'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT OF CURRENT BILLING PERIOD TOTAL AMOUNT DUE UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless and its subsidiaries and advocates, and its directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as 'Losses') insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that you infringed on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your business.
You will immediately notify Company of any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints, email deployment, and violations of CAN-SPAM. Upon receiving such notification we may suspend the marketing of your business until said legal activity is concluded.
Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
You agree that nothing in this Agreement shall be construed as or creates any independent contractor relationship, partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and . You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other site or otherwise, that reasonably would contradict anything in this section.
Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nevada without regard to the conflicts of laws and principles thereof. Further, the parties hereby consent to the general jurisdiction of the federal and state courts located in Las Vegas, Nevada and agree that any action or proceeding concerning this Agreement shall be brought exclusively in such courts.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.