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Terms of Agreement ...

Our Service Agreement

This agreement describes the terms and conditions of the agreement between, the Contractor, and Contractor Exclusive Lead Generation Service (Randall Blake Mitchell, LLC), in the use of our services.


OUR SERVICES

Contractor Exclusive Lead Generation Service services, essentially, are to work with contractors to provide exclusive leads. Contractor Exclusive Lead Generation Service allow the use of select portions of our marketing materials in a manner in accord with our company policies to contractors who have contracted our services.

Contractor Exclusive Lead Generation Service’s principal areas of responsibility are (1) to make the use of our lead generation campaign(s) available, (2) to serve as a fulfillment service to deliver requested information to prospective customers of the contractor, and (3) to forward the lead to our contractor partner.

Before fulfilling the request for more information, Contractor Exclusive Lead Generation Service will attempt to make contact with the residence fo the person that requested materials by telephone to 1) ensure that they requested the information and 2) to confirm that they are a homeowner. This is only on a ‘best efforts’ basis.

In using our contractor exclusive lead generation system, you acknowledge that the information supplied to Contractor Exclusive Lead Generation Service is by third parties and that, as such, Contractor Exclusive Lead Generation Service cannot guarantee the validity of said information.

In addition, Contractor Exclusive Lead Generation Service cannot be held liable for inaccurate or false information submitted by those that make requests based on our marketing campaigns.

The leads are exclusive, meaning that the leads are provided by Contractor Exclusive Lead Generation Service only to the contractor who’s promotional efforts generated the lead. All reasonable efforts will be made to ensure that the lead is referred to the appropriate contractor. But mistakes will happen. The contractor agrees to indemnify and hold harmless Contractor Exclusive Lead Generation Service for any difficulties arising from inaccurately delivering leads to the wrong contractor.


OUR MATERIALS

ALL MARKETING MATERIALS (MARKED AS ‘COPYRIGHTED’ OR NOT) REMAIN THE SOLE PROPERTY OF CONTRACTOR EXCLUSIVE LEAD GENERATION SERVICE. ALL OTHER PARTIES ARE PERMITTED USE OF THESE MATERIALS ONLY WHILE THEIR ACCOUNT IN GOOD STANDING.

UPON TERMINATION OF ACCOUNT BY EITHER PARTY, CONTRACTOR MUST IMMEDIATELY STOP USING MARKETING MATERIALS IN ANY WAY.

To, in any way, modify our marketing materials, contractor must use an approved graphic design partner of Contractor Exclusive Lead Generation Service.


CONTRACTOR

By accepting these terms, you warrant that you are 18 years of age or older, are capable of entering into a binding contract/agreement, and that you will or have accurately completed any information and or requests submitted to Contractor Exclusive Lead Generation Service and/or any of its agents.

Contractor will provide Contractor Exclusive Lead Generation Service with complete, accurate and current information. Contractor certifies that it has the right, legally, to use any information or trademarks provided and acknowledges that this material may be used, transmitted and reproduced in various formats through diverse media on the part of Contractor Exclusive Lead Generation Service.

Contractor represents and warrants that: it has all necessary rights and permissions to offer, sell and/or license the products and services it promotes through our Contractor Exclusive Lead Generation Service.

LEADS GENERATED ARE NOT TO BE ASSIGNED, TRADED, GIVEN, SOLD, TRANSFERRED OR SHARED IN ANY WAY. Any leads generated by Contractor Exclusive Lead Generation Service are for the direct use only of the contractor, who directed contracted with Contractor Exclusive Lead Generation Service, to obtain residential construction projects.

The Contractor cannot, in any way, assigns its benefits or rights under this agreement to any other party without the express written consent and approval by Contractor Exclusive Lead Generation Service.


CHANGES IN TERMS OF SERVICE

Contractor Exclusive Lead Generation Service may from time to time without notice change, add, or remove certain features of our service or change the terms of this Agreement. If you have any questions regarding changes to our terms and service features please contact Contractor Exclusive Lead Generation Service.

If any proposed change is not acceptable to Contractor, then Contractor may terminate this Contract at any time before the changes take effect by providing written notice of such termination to Contractor Exclusive Lead Generation Service.


BILLING

Contractor shall pay Contractor Exclusive Lead Generation Service the amount set forth in the agreement at the beginning of each month’s billing cycle
through Contractor’s credit card directly through Contractor Exclusive Lead Generation Service or one of its business partners.

Contractor authorizes Contractor Exclusive Lead Generation Service to charge the Contractor’s credit card for monthly fee an any additional fees/charges incurred.

WE may from time to time without notice modify, remove or add certain features to our services or change the terms of this Agreement. If you have questions regarding our changes to our terms and service please contact US.


REFUND POLICY

Contractor Exclusive Lead Generation Service is granted the right to provide a refund on a case by case basis. Contractor Exclusive Lead Generation Service will not provide monetary refunds on leads sent. Lead Credits and any type of refund are void if you contact the lead. A lead credit will be extended if the phone number or contact information is wrong.


TERMINATION OF ACCOUNT

Your account runs in (3) three-month blocks. You may terminate your account by notifying Contractor Exclusive Lead Generation Service in writing, for any reason or no reason. But the request for termination must be received five (5) business days before the start date of the next (3) three-month block. Contractor Exclusive Lead Generation Service reserves the right to suspend or terminate your account in its sole discretion. Upon termination of your account, you will remain obligated to pay any oustanding fee and/or charges relating to your use of Contractor Exclusive Lead Generation Service services before termination. Contractor Exclusive Lead Generation Service will not provide refunds or any monetary compensation for funds left in your account and lead credits.

Upon termination of services, any present or additional become the property of Contractor Exclusive Lead Generation Service.


INDEMNITY

Each party ("indemnifying party") hereby agrees to indemnify, defend and hold harmless the other party and the officers, directors, agents, affiliates, and employees of the other party from and against all claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings brought by a third party ("Third Party Liabilities") and arising out of any material breach by indemnifying party of any duty, representation or warranty under this Contract. Without limiting the foregoing, Contractor shall indemnify, defend and hold harmless Contractor Exclusive Lead Generation Service and its officers, directors, agents, affiliates, and employees from any and all third party liabilities arising out of any actual or alleged infringement or violation by information provided by the Contractor of any third party's rights or policies.


MISCELLANEOUS

This Contract sets forth the entire agreement between Contractor and Contractor Exclusive Lead Generation Service and supercedes any and all prior agreements, verbal or written.

Contractor Exclusive Lead Generation Service reserves the right to choose not to work with any company/entity for any reason.

Contractor Exclusive Lead Generation Service, the contractors, and any marketing partners are separate entities and share no agency, partnership, franchise, joint venture, or employment relationship.

This document and the pages referred to herein represent the entire agreement governing your use of the service and supersede any prior or contemporaneous written or oral statements by Contractor Exclusive Lead Generation Service or its representatives or resellers.

In the event of any dispute with respect to the performance of this Agreement that results in litigation, arbitration, mediation or any other alternative dispute resolution procedure, the prevailing party shall be paid by the non-prevailing party any costs, including reasonable attorney’s fees, incurred in said action or procedure.

This Agreement shall be binding on the heirs, successors and assigns of the parties hereto.

In the event that any provision of this agreement is or becomes unenforceable, the remaining provisions shall remain effective and binding on the parties to this agreement.

The parties agree that this Agreement shall be construed and enforced in accordance with the laws of the State of Virginia. That should any litigation ensue or any arbitration become necessary, the parties agree to litigate, arbitrate or mediate this matter in the State of Virginia, County of Stafford.