I. Agreement: This agreement between SmartLeadsMedia.com and the Undersigned (hereafter known as the client) shall remain in effect until such time that all aspects of the selected package have been fulfilled.
II. Initial Payment: As compensation for services provided by SmartLeadsMedia.com under the Commercial Leads Lead Distribution program, the client understands and agrees to enter this agreement with SmartLeadsMedia, making full payment in advance of account activation. Account activation will occur within five business days of acceptance of payment. Any client whose account cannot be activated due to non-sufficient funds must provide certified funds (i.e. wire transfer or cashiers check) constituting all program costs and applicable fees within 24 business hours in order to avoid collection action. The client also agrees to pay any collection costs and/or reasonable attorney fees/court costs should collection action be required.
III. Agreement Renewal: The client will be offered the opportunity to renew his/her contract once his/her account becomes active. At time of renewal, the payment process will remain the same as that of the initial payment. If renewal payment is not received by the completion of the initial agreement, said account will be placed on "hold" (i.e. the account holder will be unable to download leads) until payment has been accepted. Accounts left on "hold" for one year will be purged to an "inactive" database. After this time, a new account must be created in order to re-establish service.
IV. Lead Flow/Lead Retrieval: The level of lead flow available for retrieval will vary according to the clients specified filters and the number of consumer leads received each business day. Due to uncontrollable market conditions, lead flow may vary according to filters. SmartLeadsMedia.com does NOT guarantee the number of leads available at any given time. Daily, weekly and monthly delivery requested are only targets, however, they are NOT a guarantee.
V. Verification Policy: Leads are verified prior to being uploaded into the SmartLeadsMedia.com application. All leads are verified for contact accuracy, (i.e.: telephone number is connected and the person whose name appeared on the lead lives at the residence listed). Our internal verification system catches a lot of mistakes and errors, however, it isn’t fail-safe and we have a Lead Credit Policy in place for such occasions. SmartLeadsMedia does not guarantee the accuracy of the data or information provided by the applicant. SmartLeadsMedia.com reserves the right to discontinue service for any client who breaches any section of this agreement or violates SmartLeadsMedia terms and conditions.
VI. Lead Credit/Return Policy: The client understands and agrees that SmartLeadsMedia.com is not responsible for the accuracy of the loan information provided by the consumer.
SmartLeadsMedia Return Process: INTERNET LEADS ONLY – Does not apply for other lead types/services.Replacement requests are subject to verification by SmartLeadsMedia, and must be submitted within 4 days of receiving the lead as dated on the lead and in our lead-tracking system.
Our Refund System is automated however; every request for credit is reviewed. If you receive a lead that is eligible for return, please follow the steps below.
Submit all requests for credit by emailing the Lead ID # with a brief explanation to: RETURNS@SmartLeadsMedia.COM Valid Lead Return Options: 1. Duplicate Lead 2. Lead out of geographic area 3. Lead criteria does not meet filter requirements 4. Lender/Broker test lead 5. ALL phone numbers are invalid 6. Fictitious information 7. Consumer is a minor 8. Invalid property type (mobile home/commercial) 9. Wrong lead product
LEAD RETURN FOR TV & LIVE CALL TRANSFERS: Duplicate leads Wrong # - SmartLeadsMedia budgets a 5% overage to accommodate for wrong #’s and hang-ups. Upon return, SmartLeadsMedia QC department will pull the recorded calls for review. Please allow up to 72 hours for review and decision.
Upon receipt, our Quality Control Department will review the lead, and the reason given, and either approve or decline the replacement request. If your request is approved, the replacement lead will be credited to your account.
SmartLeadsMedia does not refund money or cash.
SmartLeadsMedia shall be the final judge of the validity of any Refund Claims. *updated August 4, 2010 – http://www.SmartLeadsMedia.com To avoid potential abuse of our return policy, please allow up to 72 hours to receive credit for disputed leads, the SmartLeadsMedia Quality Control Department will call each lead to verify the validity of the information on the lead and the dispute claim. If a dispute is determined to be without merit yhttp://www.SmartLeadsMedia.com/our account will not be credited for the lead cost AND an additional charge of $15 per invalid dispute will be charged to your account. NO LEAD REPLACEMENTS OR CREDITS WILL BE ISSUED FROM SmartLeadsMedia.com FOR LEADS OVER FOUR (4) DAYS OLD FROM DATE OF DELIVERY. These policies are subject to change without notice. VII. Service: PHONE VERIFIED LEADS ONLY: Leads are provided on a first come first serve basis. All leads are verified via telephone prior to being loaded to the system. If a lead in question is returned due to "No Answer" the lead will be re-verified by Quality Control. If in fact the lead is contacted by SmartLeadsMedia.com Quality Control department the lead will be denied, and no credit will be issued. VIII. Pricing: SmartLeadsMedia reserves the right to change the pricing of leads and/or packages at any time and without prior notice. Pricing guides are published on SmartLeadsMedia.com or you can contact your Account Manager for details and updates.
IX. Cancellation Policy: The client may cancel his/her contract if the account has been inactive for fifteen months and the program chosen by the client is less than 25 percent fulfilled. No refunds of any kind will be issued on accounts unless outside of this time frame, SmartLeadsMedia is performing a service and you are retaining our service rather than a product or end result and SmartLeadsMedia must be provided ample time to deliver the product/service purchased. Daily targets are goals or max caps they are NOT guarantees for daily volume. X. Right of Refusal: SmartLeadsMedia retains the right to refuse to do business with any customer at any time including, but not exclusive to, the following reasons: 1. Inappropriate conduct toward consumer leads and/or SmartLeadsMedia staff. 2. Unethical business practices. 3. Making fraudulent claims in reference to leads provided. 4. Failure to meet any of the eligibility criteria as listed below.
XI: Broker Eligibility: SmartLeadsMedia retains the right to work only with licensed brokers or businesses in good standing. Clients of SmartLeadsMedia may not engage in deceitful or unfair businesses practices. Clients may not violate privacy and/or anti-spam laws. SmartLeadsMedia reserves the right to refuse to do business with any individual who fails to meet the above criteria.
XII. Entire Agreement, Modification Waiver: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter that is contained herein. It supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by both parties.
XIII. Severability: To the extent that any provision of this Agreement conflicts with governing law or any provision is held to be null, void, or otherwise ineffective or invalid by a court of competent jurisdiction, (a) such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants, and restrictions of this Agreement will remain in full force and effect.
XIV. Relationship of Parties: Client and SmartLeadsMedia.com are independent under this Agreement, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between Client and SmartLeadsMedia.
XV. Law and Venue: This Agreement shall be construed in accordance with, and governed by, Florida law as applied to contracts that are executed and performed entirely in Florida but excluding laws that direct the application of another jurisdictions law. The parties agree that any suit, action, or proceeding arising out of or relating to this Agreement, or the interpretation, performance or breach of this Agreement, shall be instituted in any court of the State of Florida located in Lee County. Each party irrevocably submits to the jurisdiction of those courts and waives all objections to jurisdiction or venue that it may have under the laws of the State of Florida or otherwise in those courts in any suit, action, or proceeding. The parties expressly stipulated, consent to and agree that the specific geographic location as the place of performance of this Agreement, in its entirety, shall be within the county of Lee in the State of Florida. By the terms of this contract, the exclusive venue for any action between them shall be within the county of Lee in the State of Florida.
XVI. Prevailing Party / Attorney's Fees: The parties hereto agree that in the event that either party is required to institute legal proceedings to enforce any of the terms, covenants and conditions of this agreement, the prevailing party shall be entitled to reimbursement from the other party for all legal expenses incurred, including appellate fees as well as court costs incurred in connection therewith.
XVII. Indemnification: SmartLeadsMedia agrees to indemnify and hold free and harmless Client from and against all manner of loss, damage and liability (including court costs and attorney's fees) arising from any claim made against Client or loss incurred by Client as a result of or in any way arising from, relating to, or connected with Client's obligations identified within or under the DNC or CAN SPAM act.
Chargeback Policy: If you use a credit card to fund your account, YOU AGREE TO NOT CHARGEBACK YOUR CARD for any reason. If you are dissatisfied with your services or any lead or leads you have purchased using your credit card you must follow the return/refund policy and procedures set forth under these Terms of Service. In the event you breach this term and you chargeback your credit card for all or partial amounts within your account, you will be charged an administrative service fee of One Hundred ($100.00) dollars, which you agree to pay in addition to the amount of the Lead purchase fee due for the Leads you have received to the date of the chargeback.
Direct Mail / Data List Disclosure: If the data provided is going to be used for Telemarketing, user acknowledges that all records will be cleared by all State and Federal Do-Not-Call lists including internal DNC lists. Data provided will be scrubbed but it is your responsibility to maintain and further scrub your data as the list provided is intended for one time usage. User solely responsible for compliance with the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S Code Sec. 610, et seq. and the Telephone consumer Protection Act, 47, U.S. Code Sec. 277 together with the regulations issued there under all State laws, rules and regulations. *