This Agreement is entered into as of the date that the online signup form located on the webleadsinc.com, is submitted by the Advertiser (Specified in the “Company Name” field of order form) to the Company (Web Leads Inc), between Web Leads Inc (the Company) and (the Advertiser).
Independent Contractor. Subject to the terms and conditions of this Agreement, the Advertiser hereby engages the Company as an independent contractor to perform the services set forth herein, and the Company hereby accepts such engagement.
Duties, Term, and Compensation. The Company’s duties, term of engagement, compensation and provisions for payment thereof shall be to deliver “leads” to the Advertiser, detailed in the Overview and Cost section (below) and collectively are hereby incorporated by reference. The Advertiser’s agrees to utilize the service of the Company, pursuant to the recommendations on the “Best Practices” sheet, detailed here. (http://blog.webleadsinc.com/2011/08/best-practices-for-seo-and-web-design-leads/).
Confidentiality. The Company acknowledges that during the engagement [he or she] will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Advertiser and/or used by the Advertiser in connection with the operation of its business including, without limitation, the Advertiser’s business and product processes, methods, customer lists, accounts and procedures. The Company agrees that [he or she] will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Advertiser. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Advertiser, whether prepared by the Company or otherwise coming into [his or her] possession, shall remain the exclusive property of the Advertiser. The Company shall not retain any copies of the foregoing without the Advertiser’s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Advertiser, the Company shall immediately deliver to the Advertiser all such files, records, documents, specifications, information, and other items in [his or her] possession or under [his or her] control. The Company further agrees that [he or she] will not disclose [his or her] retention as an independent contractor or the terms of this Agreement to any person without the prior written consent of the Advertiser and shall at all times preserve the confidential nature of [his or her] relationship to the Advertiser and of the services hereunder.
Right to Injunction. The parties hereto acknowledge that the services to be rendered by the Company under this Agreement and the rights and privileges granted to the Advertiser under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any action at law, and the breach by the Company of any of the provisions of this Agreement will cause the Advertiser irreparable injury and damage. The Company expressly agrees that the Advertiser shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Company. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the Advertiser may have for damages or otherwise. The various rights and remedies of the Advertiser under this Agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law.
Merger. This Agreement shall not be terminated by the merger or consolidation of the Advertiser into or with any other entity.
Termination. This term of recurring subscriptions (including the “hotlist”) is 6 months and there is no early termination. For all other lead purchase orders, there is no termination after the batch of leads has begun. Pausing the account or stopping the sending of the leads is not permitted. Changing the daily lead cap / amount, is also not permitted. The account will automatically move into a “paused” state, after the number of leads specific in the insertion order, have been delivered. In addition, if the Company is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the Advertiser, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the Advertiser at any time may terminate the engagement of the Company immediately and without prior written notice to the Company. Should the Company cease to engage in selling the services rendered pursuant to this Agreement or violate the terms of this Agreement in any way, no commissions or payments will be owed for charges occurring after the termination date of this Agreement. Choice of Law. The laws of the state of California shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
Arbitration.The parties hereby agree that any and all disputes or claims arising under this Agreement shall be adjudicated within the Central District of the Los Angeles Superior Court, and shall be governed by the applicable laws of the State of California.In the event either party institutes any action or proceeding against the other, other than in the Central District of the Los Angeles Superior Court, on motion to dismiss, or transfer the action or proceeding to the Central District of the Los Angeles Superior Court, the successful party shall be awarded its reasonable costs and attorney’s fees in connection with such jurisdictional and/or venue challenge.
Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
Waiver. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
Assignment. The Company shall not assign any of [his or her] rights under this Agreement, or delegate the performance of any of [his or her] duties hereunder, without the prior written consent of the Advertiser. Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows: If to the Advertiser (specified in the address listed on the above insertion order) :
_ If to the Company : Web Leads Inc 830 Traction Ave. Suite 3-A, Los Angeles, CA 90013
Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
Unenforceable Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and/or unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
Representation. The Company agrees to accurately and honestly represent the Advertiser and the services it provides. The Company agrees that any deliberant or blatant misrepresentation of the Advertiser is grounds for immediate termination.
IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals.
Overview and Cost. The Company will provide the Advertiser with “leads”, which are businesses who have responded positively to email solicitations. The email solicitations are delivered with the intent to engage the contact at the business, to accept phone calls and/or emails, from the Advertiser, as well as other companies for which the Company provides contracting services.
The Company does not guarantee that any prospect will be available when the Advertiser attempts to contact the prospect. The Company makes a reasonable effort to verify the information obtained about each “lead”, before delivering the lead to the Advertiser. The verification process includes a Google search of the phone number and/or email address provided by the contact at the business (lead), in an attempt to remove leads that contain invalid information.
The Company will provide the Advertiser with the number of leads specified by the Advertiser, on the “Sign up” form, located here. (https://webleadsinc.com/buyleads.php)
When leads containing invalid contact information, phone number, or email address are delivered to the Advertiser, the Company will replace the lead, provided the Advertiser follows the procedure listed in the Payment, Refund, and Termination of Service section (below).
Payment, Refund and Termination of Service: Advertiser may dispute leads by forwarding the lead submission to firstname.lastname@example.org, within 48 hours of the time the lead was sent to the Advertiser. The email containing the returned lead must be sent with a subject line of “Lead Dispute” or it must contain the original subject line of the message. Advertiser may only dispute leads that contain invalid contact information or that refuse to accept an estimate. Advertiser authorizes Web Leads Inc to initiate payment from the credit card account at the financial institution named below, for the payment of the Web Leads Inc Fee specified in the insertion order. Advertiser agrees not to hold Web Leads Inc responsible for any delay in service, loss of funds due to incorrect or incomplete information supplied by Advertiser or by Advertiser’s financial institution, or due to an error on the part of Advertiser’s company or Advertiser’s financial institution in regards to Advertiser’s account with Web Leads Inc. Advertiser understands that there are no refunds and all payments are final. Charges to Advertiser’s credit card account will appear as: Web Leads Inc. If Advertiser needs to cancel service, please contact Web Leads Inc at: Web Leads Inc 830 Traction Ave Suite 3-A, Los Angeles, CA 90013.