LeadsForSolar, Inc. (“LeadsForSolar”), desires to refer certain prospective customers or leads (“Leads”), to Buyer (“Buyer”), and Buyer desires to receive such Lead Information from LeadsForSolar. In consideration of the mutual covenants and conditions herein, the parties hereby agree as follows:
1. Sale and Provision of Leads.
LeadsForSolar agrees to provide Leads to Buyer and Buyer agrees to receive Leads from LeadsForSolar, which shall be licensed from LeadsForSolar to Buyer on an exclusive basis, and Buyer shall receive Leads from areas that Buyer has selected, and LeadsForSolar shall be entitled to directly draw from Buyer’s inputted credit card or bank account for payment for any Leads at LeadsForSolar’s then-current rates. LeadsForSolar’s current rates are set forth in Exhibit A. Buyer expressly agrees to all these charges, and to the automated charging of their credit card, and waives any right to a chargeback associated with charges made to any credit card or bank account. Buyer shall pay any credit card chargeback for any unrecovered amount which resulted in a credit card chargeback to LeadsForSolar. Buyer shall be responsible for any credit chargeback.
2. Lead Replacement Policy.
All lead replacement requests must be made the same day the lead was delivered in order to be eligible for replacement using this Lead Credit Request Form Here
3. Stopping or Pausing Lead Delivery.
All clients must inform us of intentions to pause or stop incoming lead delivery by submitting the Stop or Pause Incoming Lead Request Form Here
4. Use of Leads.
Buyer agrees that Buyer shall only use the Leads or contact individuals identified in the Leads in compliance with all applicable laws and regulations. Buyer further agrees that Buyer shall not (1) send anything threatening, violent, pornographic, racist, hateful, or otherwise objectionable, (2) infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party, (3) hack, crack, phish, SQL injects, or otherwise compromise the security or integrity of anyone, or (4) take any acts or omit to take any acts that would cause harm to LeadsForSolar or any individuals identified in the Leads. Buyer will disclose Lead Info only to its employees, officers, agents, and any third parties (i) who have a need to know such Lead information for the purpose of responding to the Leads request; (ii) who are informed and educated on all legal restrictions on the use of the Leads; (iii) comply with all state and federal laws, and any other applicable laws or regulations.
5. Compliance.
Buyer is responsible for ensuring compliance with all state and federal laws and regulations regarding its purchase and use of the Leads. Buyer will maintain records of and provide contact information for all individuals who request no further solicitation or contact for purposes of soliciting the products offered, in accordance with all state and federal laws and regulations (known as the “Opt Out List”). Buyer will provide LeadsForSolar with the Opt Out List to ensure LeadsForSolar knows when individuals identified in the Leads request no further solicitations. Buyer further agrees to cooperate with LeadsForSolar and provide any information requested by LeadsForSolar for compliance or security purposes upon LeadsForSolar’s request. Buyer represents and warrants is it not (1) in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, LeadsForSolar, or Buyer, (2) the person or entity executing this Agreement has the authority to bind Buyer, (3) Buyer will provide LeadsForSolar with personal information, payment information, and other information LeadsForSolar deems necessary to provide the Leads.
6. Indemnification.
Buyer shall defend, indemnify, and hold harmless LeadsForSolar and its respective directors, officers, and employees from and against any and all losses, claims, damages (compensatory and punitive), liabilities, and expenses, including reasonable costs of investigation and legal counsel fees and disbursements, which may be imposed upon or incurred by any other party as the result of any actual or alleged breach by Buyer of this Agreement.
7. Limitation of Liability and Warranties.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE PARTIES MAKE NO FURTHER WARRANTIES AND SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. LEADSFORSOLAR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES WHATSOEVER WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, INCURRED BY THE OTHER PARTY ARISING IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANYTHING ELSEWHERE IN THIS AGREEMENT.
8. Term.
This Agreement shall begin on the Effective Date and continue until either party gives written notice of its intent to terminate this Agreement. In the event either party terminates the Agreement, Buyer shall still owe and be responsible for all payments or charges, and the LeadsForSolar shall be entitled to draw from Buyer’s bank account or credit card, to receive any payments for any Leads or any amounts owed to LeadsForSolar by Buyer under this Agreement. In the event of any termination of this Agreement, all obligations owed by either party to the other shall become immediately due and payable upon termination. Sections 3, 4, 5, and 7 shall survive termination of this Agreement.
9. Miscellaneous.
This Agreement represents the entire agreement of the parties and may be amended only by a writing signed by each of them. It supersedes any agreements, written or oral, by and between the parties. Any failure of a party to comply with any obligation, covenant, agreement or condition herein may be expressly waived in writing by the other party, but such waiver or failure to insist upon strict compliance with such obligation, covenant, agreement, or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. Buyer may not assign this Agreement without the prior written consent of LeadsForSolar. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Florida, without giving effect to the conflict-of-laws principles thereof. In no event shall either party be liable for any delay or failure on its part to perform under this Agreement, except for the failure to pay any money due to the other party, that is due to causes beyond the reasonable control of such party, including acts of God, war, explosion, fire, flood, or civil disturbance. The prevailing party in any dispute arising under or regarding this Agreement shall be entitled to an award of their attorneys’ fees and costs. Additionally, where the Buyer conducts a chargeback against LeadsForSolar, Buyer shall be liable to LeadsForSolar for the full amount of the chargeback, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses that are incurred in the enforcement of this Agreement.
Questions or for more information email us at:
contact@leadsforsolar.com
Office Phone
863.356.0181