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TERMS AND CONDITIONS
1. Binding Agreement.This Insertion Order (sometimes referenced as the "Agreement") constitutes a valid and binding agreement between GotConsumer, LLC ("GotConsumer") and {COMPANY NAME} ("Client"), and has been duly executed by authorized representatives of each party.
2. Indemnification. By entering into this Agreement, Client agrees to indemnify and hold harmless GotConsumer, its affiliates and contractors, and its and their officers, directors, employees and agents from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys' fees, and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out of your breach of the below warranties. This shall include any liabilities resulting from claims made by consumers alleging Client's violation of federal or state laws regarding telephone solicitation and/or commercial contact with a consumer, including but not limited to the Telephone Consumer Protection Act and Telemarketing Sales Rule. The indemnification based on the conduct of Client shall not be limited to willful acts, bad faith or gross negligence.
3. Warranties. It is the parties' intent that all payments for leads are for providing marketing information to Client, for which GotConsumer will be paid a fee, regardless of whether Client originates, or makes any sales as a result of the information provided.
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, GOTCONSUMER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES WHICH ARE PROVIDED "AS IS" BY GOTCONSUMER HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE DISCLAIMED BY GOTCONSUMER. SPECIFICALLY, CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT THE INTERNET IS AN EVOLVING MEANS OF COMMUNICATION AND THAT GOTCONSUMER MAY ENCOUNTER TECHNICAL OR OTHER DIFFICULTIES BEYOND ITS CONTROL. GOTCONSUMER DOES NOT WARRANT THAT THE LEADS SOLD HAVE OPTED IN TO RECEIVE AUTODIALED CALLS OR PRERECORDED MESSAGES OR WHETHER THE CONSUMER IS LISTED ON A STATE OR FEDERAL DNC LIST.
CLIENT WARRANTS AND REPRESENTS TO GOTCONSUMER THAT CLIENT IS AND SHALL AT ALL TIMES REMAIN IN FULL COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS WITH REGARD TO ITS USE OF THE LEADS THAT GOTCONSUMER GENERATES, INCLUDING, WITHOUT LIMITATION, THE TELEPHONE CONSUMER PROTECTION ACT, THE TELEMARKETING SALES RULE, THE CAN-SPAM ACT (CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING ACT) OF 2003, AND ALL OTHER LAWS AND REGULATIONS CONCERNING PRIVACY, TELEMARKETING AND INTERNET MARKETING.
4. Payment Terms:
a.) For all campaigns: Client agrees to remit payments to GotConsumer as specified on the Insertion Order. Client is required to prepay for all leads in advance, unless otherwise noted. Late payments shall accrue interest of 1.5% per month until paid in full. All amounts shall be paid promptly and in full without offset. Agencies or other third parties are responsible for payment, whether or not Agency has received payment from Advertiser. GotConsumer reserves the right to cancel upon default in payment according to these terms, at which time all amounts due pursuant to this Agreement shall be immediately due and payable on GotConsumer's invoice date.
Client will compensate GotConsumer for all leads received through online management system that are not returned and approved. Client agrees to read and return supplemental return policy.
b.) Client hereby confirms to GotConsumer the following:
I. GotConsumer is willing to provide marketing services to Client only if Client tenders a cash prepayment for such services.
II. Client acknowledges that it has signed and delivered to GotConsumer a binding Insertion Order together with Terms and Conditions covering the GotConsumer marketing services contracted for by Client.
III. Client acknowledges that GotConsumer has not given Client any guaranty or warranty as to the likelihood of success of the marketing services to be rendered or the quality of the leads other than that they pertain to consumers who may be interested in either auto warranty, mortgage, student loan relief or financial services as specified in the Insertion Order.
IV. If a consumer requests that Client cease contacting consumer (i.e. via telephone or e-mail), that Client will immediately cease contacting such consumer and add the consumer's name to a do not contact list.
V. Client acknowledges that GotConsumer will be delivering sales/leads/services/data ("Data") to Client on a daily, weekly or other basis as described in the Insertion Order. Client agrees that if it has any disputes, issues or problems with the Data, Client must notify GotConsumer, in writing, within 7 days of Client's receipt of such Data. The purpose for this notice, among others, is so that GotConsumer can timely cease delivering additional Data. Client agrees that if it does not notify GotConsumer of a dispute in accordance with this Section 4, then Client accepts the Data and may not seek to cancel its payment with respect thereto.
VI. Client has tendered payment in good faith and has no intention of canceling the charge and Client waives any right to initiate any and all charge backs to the fullest extent permissible by law, rule or regulation.
VII. Client acknowledges that to the extent the terms contained herein conflict with any other agreement between the parties, whether written or otherwise, this document will govern such conflict.
5. Dispute Resolution/Attorneys' Fees. GotConsumer shall be entitled to recover all reasonable costs of collection (including attorneys' fees) incurred while enforcing this Agreement. All disputes must be litigated or arbitrated in Palm Beach County, FL.
6. Amendments. Any changes to this Insertion Order must be made in writing with the signatures of all involved parties; and a seventy two (72) hour written notice given by either party in writing for the agreement to be approved.
7. Termination:
Either party may terminate this Agreement upon the material breach by the other party of any provision of this Agreement, if such breach is not cured within twenty (20) days (five (5) days for nonpayment) after receipt of written notice of such breach from the non-breaching party. Upon termination of this Agreement by GotConsumer for any breach by Client, all amounts due and payable under this Agreement by Client to GotConsumer shall be immediately paid to GotConsumer. Notwithstanding any other provision of this Agreement, the provisions regarding GotConsumer limitations on liability, both parties' obligations of confidentiality, and Client's indemnification obligations shall survive the termination of this Agreement.
RETURN POLICY FOR GOTCONSUMER
GotConsumer stands behind the quality of our leads. If the leads you receive do not meet the specifications as promised herein, we will replace those leads. Please refer to the procedure below in order to receive these replacements.
If you have any returns, you can dispute them online under the dispute leads section of your management system. All returns will be verified by our Quality Control department and you will be emailed the results of your dispute for each individual lead. All returns must be within 7 days of when the leads are received.
Valid reasons for returns are as follows:
1. Incorrect contact information, i.e., wrong phone number, name
2. Leads not containing specified criteria on Insertion Order
3. Duplicate leads
4. Consumer never inquired/requested quote
As a marketing company, GotConsumer can only pass on information that has been submitted to us by a consumer, unless a client is specifically buying phone verified leads which would be indicated on the Insertion Order. Loan amounts, debt amounts, automobile age and mileage, health conditions and other information submitted by consumers, cannot be guaranteed. We do our best to explain exactly what qualifies for our clients' various services, but there will be occasions where consumers are incorrect and may not qualify for your program. It is at our discretion whether we will issue no credit, partial credit, or full credit for returned leads. Those determinations will be made after speaking with the lead according to the normal quality assurance procedures. Partial credit equals half the value you paid for the particular lead.
- All returns will be verified by our customer service department before credit is issued.
- We are not responsible for "change of mind" customers when they are contacted after submitting a request for information
If you have any questions, please feel free to contact your account manager, or our main office.
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