Lead Generation Terms of Service

This Lead Generation Agreement (the “Agreement”) is entered into effective this 13th day of April, 2017 (“Effective Date”), by and between Lead Buyer and UpSell LLC DBA Arlo.ai and/or assigns (“Lead Supplier”). GENERAL PROVISIONS Leads will be deemed received by Lead Buyer as soon as the Lead Buyer is able to connect with the lead via a live transfer telephone call in which the duration is over 90 seconds. Lead Buyer acknowledges and agrees that  makes no guarantee or other representation to Lead Buyer that Lead Buyer will obtain any particular result, qualitatively or otherwise, as a result of such service. Lead Buyer acknowledges and agrees that Leads will be used exclusively for lawful purposes.

A Lead is defined as follows:

1. A live lead transfer lead that has been forwarded directly to the Lead Buyer from a prospect who is potentially interested in refinancing their property. A live lead transfer is tracked and recorded for accounting purposes by both the “Lead Buyer” and  “Lead Supplier”. 

2. Lead shall contain the following 9-Point Criteria to be considered a “Valid Lead”: 

1. First & Last Name 

2. Email Address 

3. Phone Number 

4. Address

5. Zip Code

6. Disposition (Refinancing Home) 

7. Minimum Mortgage Loan Amount - $150,000

8. Call Duration: Over 90 Seconds

9. Geographic Location (Within State of Assignment)

Lead Supplier assumes all costs of advertising and live transfer generation.

All leads are generated by the Lead Supplier and sold exclusively to Lead Buyer. Lead Buyer understands and agrees that all live transfer leads received will be considered legitimate and will be charged as such as long as they contain the “Valid Lead” 9-Point Criteria and duplicate leads. Credit for disputed leads will be given in the form of additional lead credits.

Lead Buyer understands that Lead Supplier is only providing sales leads, not sold customers. It is the responsibility of the Lead Buyer and or it's Retail Customers to make the “sale” or “capture” the engagement. 

Upsell LLC does not guarantee any such pattern or schedule of lead disbursement. We aim to deliver the leads in a 30 day period, but often market factors occur that delay delivery.  Lead buyer will be provided a pro-rated refund after a 90 day period if order has not been fufilled.

Upsell LLC does not have control if the lead applicant has applied elsewhere. 

LEAD FEES 

Lead Buyer will sell all supplied live transfer leads at a flat-rate determined in the checkout...https://liverefi.arlo.ai/custom per lead for the above referenced live transfer leads. 

LEAD VOLUME 

Lead Buyer agrees to purchase a set number of live transfer leads each week.

LEAD BUYER PAYMENTS

Lead Buyer will place a deposit in the amount of that week's estimated lead total. Any overages will be billed in the following weekly deposit and any shortage will be credited to the Lead Buyer for the next weekly billing cycle.

INDEPENDENT CONTRACTOR 

This Agreement shall govern the relationship of the parties, which shall be that of an independent contractor. Nothing in this Agreement shall be construed so as to create an employer—employee relationship. Lead Supplier is an independent contractor in relation to Lead Buyer. No agency relationship, joint venture or partnership is created by this Agreement. 

TERM & TERMINATION 

This agreement is ongoing from the initial start date. The Lead Buyer has the right to terminate the contract with 7 Days notice. Upon termination, the Lead Buyer will pay any remainder payments accrued in the payment period prior to termination. 

MODIFICATION 

This agreement may be amended from time to time by mutual consent. Any amendments to this agreement must be in writing and signed by both parties. 

CONFIDENTIALITY 

Each party acknowledges and agrees that any information relating to the other party’s business which is not generally known to the public is confidential and proprietary information. Neither party will disclose the Confidential Information to third parties without prior written agreement. This business agreement, relationship, or operating practices shall not be made public on any Website, Internet forum, social networking site, message board, or any other public media without the express written consent of both parties. 

INDEMNIFICATION Lead Supplier and Lead Buyer shall mutually indemnify and hold each other harmless the Lead Buyer from and against any and all third party claims, demands, losses, damages and reasonable expenses (including, without limitation, reasonable legal fees) arising from or in connection with the conduct of this agreement. 

All SALES FINAL ALL SALES ARE FINAL. LEADS ARE PURCHASED THROUGH OUR AUTOMATED SYSTEM, YOUR ACCOUNT BALANCE IS AUTOMATICALLY DEDUCTED FOR EACH LEAD PURCHASE. 

ENTIRE AGREEMENT 

This Agreement is governed by the laws of the State of Florida where at the parties have read this Agreement and agree to be bound by its terms, and further agree that it constitutes the complete and entire agreement of the parties and supersedes all previous communications, oral or written, and all other communications between them relating to the license and to the subject hereof.

This Agreement constitutes a Legal and Binding Contract between both parties and is being executed by authorized personnel of both parties. No verbal understandings have any part of this Service Agreement. Upsell LLC does not guarantee any such pattern or schedule of lead disbursement. Upsell LLC does not have control if the lead applicant has applied elsewhere. 


Copyright 2019 UpSell LLC DBA RevStack, Arlo, HelloMya & Subsidiaries