This Mortgage Lead Agreement is intended to be a binding contract between the person and/or company (hereinafter, "Client") named on the accompanying and incorporates the Invoice ("Invoice") and InternetLeads.net, Inc. Please read this agreement carefully. Your 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 mortgage loan or data complied and supplied in list form. Leads are transmitted via e-mail on excel or plain text.
1.)Servicing Leads.
Within twenty-four hours (24) after receiving
each Lead, Client shall contact the consumer
2.)Confidentiality; Compliance With Laws.
(A) 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.
(B) Client certify that client is properly licensed or other wise authorized to conduct mortgage business in the state(s) for which client has entered. Client understands that ANY and ALL leads are to be used for the SOLE purpose of conversion to a home loan AND that these leads SHALL NOT be resold or re-distributed to others outside of the company which is purchasing the leads. The leads AND ALL of the information contained therein SHALL remain the sole property of Internetleads.net, Inc. and CANNOT be used for any other purpose without our explicit written permission.
(C)I/we agree to comply with any and all federal and state do not call regulations and laws. To read the complete terms and conditions in regards to the DNC click here.
3.)Payment Arrangements.
Payment in full is due before the beginning of the program
4.)Termination of Agreement.
InternetLeads.net, Inc. 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
(A) InternetLeads.net, Inc. 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. InternetLeads.net, Inc. 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. InternetLeads.net acts solely as a
"re-seller" of leads/data and any actual liability would rest with the
original compiler of the leads/data.
(B) Internetleads.net, Inc. does not guarantee the delivery of your ordered leads from our web site through your or our e-mail server. Due to uncontrollable technical issues we cannot be held responsible for any leads you do not receive via e-mail.
6.)Refunds.
(A) Eligibility. Provider will replace to Client
that fall within any of the following categories: (1) blank application; (2)
incorrect telephone number, 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 a credit
request. The outcome of your lead program is not guaranteed. No monetary
refunds. InternetLeads.net, Inc. solely reserves the right to determine which
leads are refunded. If paying by credit card you further agree to waive your
right to “charge-back” and dispute this transaction with your credit card
company and agree to the above replacement policy. If paying by check purchaser
agrees not to stop payment or face collection activity and legal action to
collect debt.
(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 within 24 hrs allowing Client's receipt of the consumer data from Provider.
7.)Client Indemnification
Client agrees to indemnify, defend and hold
InternetLeads.net, Inc. 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 InternetLeads.net, Inc.) 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 by InternetLeads.net, Inc. 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. InternetLeads.net
Inc. reserves the right to use client comments be they e-mail, voicemail or
written for any purpose, to include posting comments on web sites operated by
InternetLeads.net Inc.
8.)Guaranteed Lead Program
Guaranteed Lead Program Terms and Conditions deposit $270 and we will
guarantee that any lead that doesn't close will be replaced one time under the
following conditions:
1) To return a lead you must go to the lead return link on our main page
2) Replacement will be reflected as a credit on your account. Maximum credit
$270 (or the amount you deposited over $270)
3) Credit only applies to the $18 and $9 leads
9.) Dispute Resolution
Any claim or controversy arising out of or relating to the use of Internetleads.net services, to the goods or services provided by Internetleads.net, or to any acts or omissions for which you may contend Internetleads.net is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration venued in Kootenai County, Idaho. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Internetleads.net In any arbitration, Internetleads.net will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Kootenai County, Idaho. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Internetleads.net, INC. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Internetleads.net goods and services you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Internetleads.net, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Kootenai County, Idaho. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
10) Entire Agreement
This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.
11) Independent Counsel
You're establishing of an account opening of any attachments containing leads via e-mail and/or your use of the Internetleads.net Website is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
