1.
ACCEPTANCE
Please read over these
terms very carefully as it is intended to be a BINDING LEGAL AGREEMENT between
you, the person and/or company/purchaser/advertiser (hereinafter, "Client")
named on the accompanying and incorporates the Invoice ("Invoice") and us,
Strategic Marketing Concepts/The Lead Source Group (hereinafter,
“LSG”).
Please read this agreement carefully. Your digital
signature and/or payment includes your agreement and affirms you are authorized
to approve this transaction on behalf of the company that you represent.
(“Leads”) are defined as parties or individuals who through the
Internet are requesting information about obtaining a information or data
complied and supplied in list form. Leads are transmitted via e-mail, on-line
and/or on spreadsheet or plain text.
As a Client with LSG and by
placing an order from our website, you are acknowledging that you have read and
agree to the terms set forth below:
2.
Purchasers Agreement:
By purchasing an advertising campaign
and/or a lead generating campaign from the LSG or one of our reselling
partners, you are confirming that you have read and agree to the following
terms of service.
You agree to indemnify and hold LSG, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation of
any rights of another. In no way can the LSG be held liable for the success or
outcome of your lead retention/advertisements/campaigns. The success of your
campaigns depends solely on you/your efforts and offers.
You agree to
receive Email from the publisher of The Lead Source Group and you understand
that you will be placed on our mailing list with the eMail address you supply
to us. You reserve the right to unsubscribe at any time - but you are aware
that by cancelling your subscription before your membership term ends/order[s]
are completed and/or ad campaign[s] runs, the publisher is then under no
obligation to finalize any agreements.
Valid contact information must
be kept updated and is required. This will ensure that you receive any and all
amendments and/or updates of your participation with LSG. Any client that
submits an false unverifiable contact information, including the use of an
autoresponder and/or invalid eMail addresses as their contact information will
be permanently banned from our entering into our services and your pending
services will be canceled and deleted from the queue!
No refunds on
cancelled orders without written pre-approved authorization form Client and
LSG. No exceptions. All purchases are NON REFUNDABLE but are backed by our
Quality Guarantee. You understand that the lead campaign counts change on a
daily basis. You understand, that we have no control over these count changes.
You understand LSG cannot be held liable if this happens. Due to their nature
and high cost value, refunds cannot be issued once your lead campaign has been
issued.
Any violators of this agreement will have their lead campaign
immediately pulled and will be permanently banned from future use of our
submission services.
1.) Servicing Leads: Within twenty-four hours (48)
after receiving Client's order, LSG shall contact the client.
2.)
Confidentiality; Compliance With Laws: Client agrees to maintain the privacy
and confidentiality of all Leads received by Client. Client also agrees to
comply with all laws, regulations, rules, and ethical and professional
standards (collectively, "Laws") applicable to Client, Client's Licenses (as
hereinafter defined) or Client's business.
3.) Payment Arrangements:
Payment in full is due before the beginning of the program, membership and/or
order.
4.) Termination of Agreement: LSG may cancel this agreement at
any time, with cause, by written notice to the other party. A reimbursement
based on the number of leads left in program will be refunded within 30 days of
cancellation.
5.) Information: LSG takes reasonable care in providing
this information. However, we do not assume any liability for the correctness
of this information, or the information from which it is compiled, nor warrant
the comprehensiveness, completeness, accuracy, number of times distributed,
date generated or adequacy for any purpose or particular use of this
information. LSG reserves the right to provide client with any lead available
in the licensed area to fulfill agreement. Every effort will be made to provide
the most desirable leads. LSG acts solely as a "re-seller" of leads/data and
any actual liability would rest with the original compiler of the leads/data.
6.) Refunds: (A) Eligibility. Provider will replace to Client that fall
within any of the following categories: (1) blank application; (2) duplicate
field entries, email address to contact applicant; (3) Applicant stated they
never applied; Client will not be entitled to request a refund for data entered
by consumers that is incorrect concerning income, assets, debts, or other
information necessary to the underwriting and/or processing of any credit
request. The outcome of your lead program is not guaranteed. No monetary
refunds. LSG solely reserves the right to determine which leads are refunded.
(B) Procedure to Claim Refund. To claim a replacement of lead, Client must
notify Provider that the data set is invalid, or otherwise subject to credit
within three 72 hrs of its receipt of the data. Duplicate leads may be returned
upon discovery but no later than 72 hrs after initial submission. All requests
for refund made by Client must be made either via e-mail, or through another
channel selected by Provider. It is a further condition of refundability that
Client has attempted to contact applicant/lead within 24 hrs allowing Client's
receipt of the consumer data from Provider.
7.) Client Indemnification:
Client agrees to indemnify, defend and hold LSG harmless from and against any
claim, liability, cost, loss, demand, damage, judgment or award (including but
not limited to (a) court costs and (b) attorney and expert witness fees and
costs for counsel and experts chosen and directed by LSS arising from or in
connection with any third parties products and services including, but not
limited to internet generated leads, consumer information, mortgage data or
sales/marketing leads not generated or compiled LSG; and (a) any false
statement in any of Client's representation or warranties contained in this
Agreement or (b) any breach by Client of any of Client's covenants and
agreements contained in this agreement, including but not limited to Client's
agreements regarding Confidential Information and regarding Client's ongoing
compliance with Licenses, Laws and Professional Standards.
This
agreement describes the entire purchase agreement and conditions of The LSG's
Online Lead Generating system. In this agreement, the term "Client" refers to
you, and "Company" refers to LSG.
Origin of Leads: We use multiple
sources of online advertising to obtain prospects who are interested in your
offer. These sources direct advertising to millions of viewers who have either
subscribed to a targeted list, or arrived at our information request form
through links or banner ads.
These viewers come from all over the
world, depending on which type of campaign you are participating in. If you are
purchasing leads from a custom campaign, you may only receive leads from a
certain region. If you are purchasing business opportunity leads from our basic
international campaign, approximately 80% of the leads you receive will be from
the US & Canada. You will receive five international leads from English
speaking countries, such as Australia, UK and several other European countries.
If you purchase leads from our US/Canada campaign, then you will only receive
leads from the US & Canada. You will not get any international leads in the
US/Canada campaign.
Qualification of Leads: The leads generated by our
system are qualified in the following way: They completed a form on the
Internet indicating that they want to receive information about your type of
offer. Prospects have arrived at our website purely from their interest to
inquire about your type of an offer.
Prospects have filled out a form,
answering a predetermined set of questions, the answers to which are delivered
to you in the email with their contact information. Although we have asked them
serious questions to determine their interests, there is no warranty made as to
their suitability for any type of offer, their likelihood to respond to any
offer, or their budget.
Undeliverable Leads: The leads are delivered to
your email address in "real time", automatically after the prospect fills out
the form and clicks on the submit button. Because email is not a 100% reliable
delivery system, your leads will also be posted inside the member's area under
"Your Campaign Status" immediately after it has been sent to the email address
you have registered under.
Make sure your email address is current
inside "Your Profile" in the member's area. It is your responsibility to keep
your "Profile" updated with the correct contact information. If your email
address changes after you register and before you sign up for leads, or during
the time you are receiving leads, it is possible that you will not receive your
leads by email. LSG will not be held liable for your neglect to keep your
Profile updated with correct information or accessing your leads through the
member's site.
Copyrighted material: As the Client, you are solely
responsible for ensuring that all of your marketing materials obey all
applicable copyright and other laws. You must have express permission to use
another party's copyrighted material. The Company will not be responsible if
you use another party's copyrighted material in violation of the law.
Inappropriate Material: Client agrees not to use any adult, illegal or
racist materials when contacting the leads, generated by our
system.
Refund Policy: Because of the nature of the service being
purchased (leads) ALL ORDERS ARE FINAL. Once leads are delivered, they cannot
be returned or resold to anyone, and do not hold the value they did when they
were delivered in real time. We cannot resell these leads through our system
that promises the leads to be delivered immediately after the prospect submits
their inquiry.
If for any reason a refund is requested before any or
all leads have been delivered, the Client is expected to contact the Company
immediately through the Customer Service Center with the request for a refund.
This request must include the member's full name, member ID, account, campaign,
and spot#(s) in the campaign. This information is available in the email
receipt sent upon placing the order.
Within 24 hours of this refund
request, the Company will suspend any further delivery of leads to Client and
submit a statement of the refund amount due, according to the following policy.
All cancellations or refund requests will be charged a processing fee of $10 or
10% of the order (whichever is more) per spot purchased. The remainder of leads
not delivered will be credited by dividing the total cost by the number of
leads per share ordered multiplied by the number of leads left
undelivered.
A credit will be given to the Client's account that was
used to purchase the leads. This credit will be given within a reasonable time
after the request is confirmed by the Company. Refunds will not be given for
leads that have already been delivered to Client. Any leads verified with a
disconnected phone number will be replaced according to the "Replacement
Policy" above.
Indemnification: You agree that the Company assumes no
responsibility for your marketing materials. You agree to indemnify and hold
the Company harmless from any liability arising out of your marketing
materials. This indemnification includes, but is not limited to, legal fees,
costs of litigation or judgments arising out of mailing your marketing
materials to any leads generated from our system. Client understands that even
though these leads are the result of people filling out a form on a web page,
contacting them may still generate complaints, and shall not hold Company
liable in any manner whatsoever.
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