Insurance Leads To Sales 10-FREE LEADS
TERMS & CONDITIONS
By agreeing to our “Terms and Conditions” you are acknowledging that you are signing up for a lead service with the intent to purchase leads. You understand that as a first time purchase you may receive 10-Free Insurance Leads. Once you have received the 10th lead you are authorizing Website Solutions Marketing, Inc AKA InsuranceLeadsToSales.com, to charge the credit card you listed on file upon signing up for another 10 leads at the agreed upon lead price when signing up.
Cancellation: This will continue until you provide written notification via email to firstname.lastname@example.org. Once this notification is received and acknowledged it will take up to 3 business days to finalize. During this time you will be responsible for any and all leads you receive and any and all daily caps will be set to unlimited.
This InsuranceLeadsToSales.com Agreement (“Agreement”), and any subsequent amendments hereto, set forth the terms and conditions which shall govern the relationship between InsuranceLeadsToSales.com (“Company”) and you as lead purchaser (“Purchaser”) concerning the purchase, acquisition and use of third party prospect data obtained via quote request forms, telephone calls and/or telephone call transfers (“Lead” or “Leads”) including, without limitation, insurance Leads. For purposes of this Agreement, “Purchaser” shall include, without limitation, an individual, a group of individuals, or a company (including the principals of said company) that purchases or otherwise acquires any Lead from Company. Each of Company and Purchaser are, from time to time, referred to herein as a “Party” and collectively as the “Parties.”
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERCEDES ALL PRIOR OR CONTEMPORANEOUS PROPOSALS, UNDERSTANDINGS AND AGREEMENTS, BOTH WRITTEN AND VERBAL, AND ALL OTHER VERBAL COMMUNICATIONS BETWEEN THE PARTIES. IF YOU ARE AN INDIVIDUAL ACCESSING AND COMPLETING THIS AGREEMENT ON BEHALF OF A BUSINESS ENTITY, BY DOING SO, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND SUCH BUSINESS ENTITY TO THIS AGREEMENT.
1. Description of Service
Company desires to provide Purchaser with Leads representing potential or interested prospects that may be interested in certain insurance-related products and/or services. Purchaser agrees to purchase Leads from Company at an agreed upon price at a pre-determined frequency.
During the applicable term of Purchaser’s Agreement, Company agrees to provide Purchaser with Leads on a nonexclusive basis. All Leads are sold “as is,” “where is,” and “with all faults.” Purchaser may have the right to return or request a credit for Leads sold hereunder, in Company’ discretion.
Purchaser’s Lead order is hereby incorporated into this Agreement.
Purchaser agrees that all Lead orders and lead fees are non-refundable.
Company expressly reserves the right to terminate this Agreement for any reason or no reason, without prior notice. Upon termination, whether voluntary or involuntary, remaining account funds shall be delivered to purchaser in the form of Leads. Any outstanding balance owed by Purchaser, if applicable, will be charged immediately upon termination.
If Purchaser redistributes or sells any Leads for any purpose not expressly authorized by this Agreement, Company may immediately terminate this Agreement and Purchaser shall forfeit any/all amounts currently on deposit.
THE FUNDS NECESSARY TO CONTINUE ACCOUNTS SHALL BE CHARGED TO PURCHASER VIA THE CREDIT CARD INFORMATION PROVIDED BY PURCHASER UPON COMPLETION OF INITIAL TRIAL ACCOUNT CREATED ON INSURANCELEADSTOSALES.COM. CHARGES WILL AUTOMATICALLY BE MADE AGAINST THE CREDIT CARD(S)/DEBITS CARD(S) ON FILE OR OTHER ESTABLISHED PRE-PAYMENT METHODS. PURCHASER AGREES TO PAY FOR ALL VALID LEADS DELIVERED AND NOT TO ATTEMPT TO OFFSET AMOUNTS DUE BY CREDIT CARD “CHARGE BACK.” ALL OTHER APPLICIBLE SECTIONS OF THIS AGREEMENT REMAIN IN EFFECT.
2. Delivery of Leads and Lead Criteria
All Leads will be forwarded to Purchaser via email. If Direct post, SMS message, CRM, quoting tool, dialer, etc., and any other additional or custom Lead delivery methods, or changing the primary integration method is requested, Purchaser will be billed $99.00, per hour, for such integration work.
Purchaser must provide Company with the correct and current e-mail address(es) for Lead delivery. Company is not responsible for problems with Purchaser’s email address or any related email system including but not limited to Purchaser’s email provider, server, spam filtering, availability, quota or deliverability to and/or availability of any email system, client or device. Company is also not responsible for problems with Purchaser’s database, data importing, or data management system. Company may at its own discretion choose to send Leads to Purchaser’s email address(es) and/or data management system and acknowledges that said email and database systems may be controlled by a third party. Company may or may not suspend Lead delivery if problems arise with these systems Purchaser may login to their account at any time to view purchased Leads.
Leads will contain at least the following information: name, address, city, state, county, zip code and phone number(s).
Company does not guarantee the delivery of any minimum quantity of Leads and makes no guarantee of deliverability otherwise.
Purchaser will be charged for Leads upon completion of initial trial offer. The credit/debit card provided must be issued in the name of Purchaser and Purchaser must be authorized to incur charges thereon.
Purchaser expressly agrees to provide Company with accurate and complete billing information. Any changes to this information must be reported to Company no later than five (5) days prior to the date Purchaser desires to change the method of payment. Purchaser may update credit/debit card information, or add credit/debit cards in their login.
Purchaser may login to their account at any time to view purchased Leads. Company is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Company. Should Purchaser’s payment be declined for any reason, Purchaser shall bear any and all costs and service fees incurred by Company directly resulting from the declined payment by Purchaser. Purchaser expressly agrees that if any required balance is not maintained and/or the debit/credit card on file is declined for any reason, Purchaser will no longer continue receiving Leads and the account will be suspended immediately.
If Purchaser or Company terminates this Agreement, any outstanding balance due Company shall be payable immediately. Purchaser shall reimburse Company for all amounts expended collecting past-due amounts including, without limitation, bank fees, attorney’s fees, court costs, and other reasonable expenses incurred.
4. Lead Credit Requests
Company and Client understand that all Leads are not created equal. Some Leads may have mistakes while others may be submitted by less than genuine prospects. Company will replace any Lead with bogus or fake information with another Lead.
5. Purchaser Warranties
Purchaser represents and warrants that: (a) it has the power and authority to enter into and perform Purchaser’s obligations under this Agreement; (b) if an individual accessing and completing this Agreement on behalf of a business entity, by doing so, Purchaser has the legal capacity and authority to bind such business entity hereto; (c) it shall only use such Leads in conjunction with consumers shopping for insurance rates and/or policies; (d) it shall only use such Leads subject in all respects to the limitations and restrictions set forth herein; (e) it shall pay Company for such Leads as provided herein; (f) it shall conduct all aspects of the offer and sale of products hereunder, and provision of any and all services related thereto; (g) unless authorized by Company, in writing, all Leads provided pursuant to this Agreement must be used only to sell insurance-related products and/or services; (h) it will comply with all federal, state, local and industry laws, rules, regulations and requirements applicable to Purchaser’s business and performance of this Agreement, including, without limitation, all laws regarding the offer and sale of insurance products, the CAN-SPAM Act of 2003 (as amended), the Telephone Consumer Protection Act, the Fair Credit Reporting Act and any/all applicable state Do Not Call List requirements; (i) it is in good standing and shall remain duly licensed, permitted, authorized and certified (as applicable) by all applicable government or regulatory authorities to offer and sell insurance products to consumers; (j) it shall not utilize the Leads and/or data related thereto in conjunction with any unsolicited mass mailing list, mass email list, newsletter, magazine or communication subscription without first obtaining a lawful, independent opt-in request from the consumer; and (k) it shall handle and utilize information received hereunder consistently with the terms of the relevant Company privacy policies utilized within the applicable data collection vehicles (a copy of which is readily available upon request); (l) it shall be solely responsible for its own privacy policies and practices as Company is not in a position to police Purchaser’s privacy and data collection activities; (m) it shall not target consumers under the age of eighteen (18); (n) unless subject to a formal confidentiality obligation, it has disclosed to Company, prior to executing this Agreement, the existence of any material federal or state decrees, orders, or consent agreements, and any pending formal or informal government investigations or prosecutions by any federal or state governmental or regulatory body or agency within the last two (2) years;(o) it shall implement such administrative, physical, and technical security measures as required by applicable laws, rules, regulations and requirements to ensure the secure handling, transmission, storage, and disposal of any/ all Leads and related data which Purchaser holds or handles, and protect against any threats or hazards to the security and integrity of such Leads and related data; and (p) it will not violate the rights of any third party including, without limitation, infringement or misappropriation of any copyright, patent, trademark, trade secret or other proprietary/intellectual property right.
6. Disclaimer and Limitation of Liability
UNLESS SPECIFICALLY SET FORTH OTHERWISE HEREIN AND TO THE GREATEST EXTENT PERMISSIBLE, ALL COMPANY PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE LEADS, ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT OF THE LAW, COMPANY MAKES NO WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT OR GUARANTEE COMPENSABLE TRANSACTIONS, CONVERSION RATES AND/OR RESPONSE RATES. WITHOUT LIMITATION, THE PRODUCTS, SERVICES AND/OR LEADS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY DOES NOT WARRANT OR GUARANTEE THE SECURITY METHODS OR PRIVACY PROTECTION PROCEDURES OF ANY THIRD PARTY, OR THAT SUCH SECURITY METHODS OR PRIVACY PROTECTION PROCEDURES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY HAS NO LIABILITY FOR PURCHASER’S USE, OR INABILITY TO USE, WITHOUT LIMITATION, THE PRODUCTS, SERVICES AND/OR LEADS, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT PURCHASER’S USE THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL COMPANY OR ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, MANAGERS, SHAREHODLERS, CONTRACTORS, AFFILIATES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S LIABILITY UNDER ANY CAUSE OF ACTION EXCEED THE AMOUNTS PAID TO COMPANY BY PURCHASER UNDER THIS AGREEMENT DURING CALENDAR QUARTER WHICH SUCH CLAIM(S) ACCRUED.
Purchaser shall indemnify, defend, and hold harmless Company, its partners, directors, officers, employees, mangers, shareholders, contractors, affiliates, or representatives against any and all actions, claims, suits, proceedings, liabilities, losses, damages, expenses, and costs (including reasonable attorneys’ fees and related expenses) (collectively, the “Claim”) including, without limitation, that which arises from or relates to use of the Leads or Lead related data, or any breach or alleged breach of this Agreement (including, without limitation, any representation or warranty contained herein) by Purchaser, its affiliates, or its/their respective partners, directors, officers, employees, members, managers, shareholders, contractors, representatives, and Purchasers. Company shall promptly notify Purchaser in writing of any such Claim (although failure to provide such notice shall not relieve the Purchaser of its liability or obligation hereunder except to the extent of any resulting prejudice). Purchaser shall have reasonable control of the defense and settlement of any such Claim and the Company shall cooperate with all reasonable requests of the Purchaser (at Purchaser’s expense) in defending or settling a Claim. Subject to the foregoing clause, Company may join in the defense or settlement or any such Claim with counsel of its choice, at its own expense. All costs and expenses incurred by Purchaser in providing the foregoing indemnity shall be paid by Purchaser.
8. Reservation of Rights
Company reserves the right to make changes to the Leads, as well as the types, filtering, and amount of data that is captured and passed to Purchaser, at any time and in its sole discretion. Company also reserves the right to make changes to prices at any time with prior written or verbal notice Purchaser.
9. Non-Waiver and Severability
Failure to enforce any provision of the Agreement by a Party shall not constitute a waiver of any term hereof by such party or such provision or any other provision of this Agreement. No waiver shall be effective unless executed by both Parties and then shall only be effective in the specific instance and for the purpose which given. If any provision of this Agreement or the application of any provision to any Party or circumstances shall be prohibited by or invalid under applicable law, the Parties agree that such provisions shall be reduced to such scope as is reasonable and enforceable. Otherwise, such provision shall be ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provision of this Agreement or the application of such provision in question to other circumstance.
10. Disputes; Choice of Law and Venue
This Agreement shall be treated as though it were executed and performed in Broward, Florida and shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Agreement must be brought in the federal or state courts located in the County of Broward, Florida. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any Party hereto, Company expressly reserves the option to require Purchaser to first submit the dispute for resolution by non-binding arbitration before the American Arbitration Association in Broward, Florida, in accordance with the then current Commercial Arbitration Rules. Any award rendered shall be final and conclusive, and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude Company from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Moreover, nothing contained herein shall be construed to limit any legal remedies available to Company. Company may, in its sole discretion, elect to file an action in any court of competent jurisdiction in Broward County, Florida, in lieu of and despite the alternative dispute resolution provision above. Company shall be entitled to an award of its reasonable costs and expenses, including attorneys’ fees, in any action or proceeding in, with, arising out of or under this Agreement.
Unless otherwise stated in this Agreement, all notices given under this Agreement shall be in writing and delivered by email, U.S. mail (registered or certified) or express delivery service. All notices shall be deemed given when actually received or three (3) days after deposit in the U.S. mail as provided above, whichever occurs first.
Purchaser requirements that require additional software development time by Company may or may not be granted, at Company’ sole discretion, and may include a service fee. The foregoing may include, without limitation, providing Leads in a manner not within standard delivery protocol.
The Parties hereto are independent contractors. There is no relationship of partnership, agency, employment, franchise, or joint venture between the Parties. Neither Party has the authority to bind the other, or incur any obligation on its behalf. The respective rights and obligations of Purchaser and Company shall survive the termination of this Agreement.
No provisions hereof shall be constructed in favor of or against any party by virtue of that party having drafted or not having drafted this Agreement. Nothing in this Agreement, either express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
13. Credit Card Authorization
ACKNOWLEDGED and AGREED:
Purchaser hereby authorize Company to charge any and all funds due to Company for leads. Purchaser also authorizes later charges for Leads for the duration of service as described in this Agreement. Purchaser expressly authorizes Company to charge the credit card on file for any fees and overages that may be required as detailed in this Agreement.