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Leads to Excel Lead Buyer Agreement

 

DEFINITIONS:

Leads to Excel
A web-based lead generation service.


The Buyer
Individuals who submit sales lead requests through Leads to Excel.

The Applicant
Individuals that freely submit contact information for the purpose of obtaining products and services from Lead Buyers via Leads to Excel and their network of web sites.

Sales Leads
Data received by Applicants in web-based software application, which reflect requests of services and/or products of Buyer submitted though Leads To Excel Internet Work's network of web sites.

The Network of Web Sites
Web sites that are managed by Leads to Excel with the purpose of placing leads with the appropriate lead buyers.

AGREEMENT BETWEEN BUYER AND Leads to Excel

Lead Generator and Lead Sponsorship are services offered by Leads to Excel whereby the Buyer may receive Sales Leads and reach Applicants who access The Network of Web Sites. The Buyer hereby agrees to respond personally and individually to each Sales Lead and to refrain from using automatic response mechanisms containing a standard message and/or a link to another website. Buyer understands that Leads to Excel does not guarantee sales or results. Buyer may receive any number of Sales Leads a day, or may receive zero Sales Leads for its products or services on any given day and possibly throughout its participation in Leads to Excel programs. Leads to Excel reserves the right to reject any Buyer at its discretion for reasons including but not limited to frivolous or offensive behavior on the Buyer's part.

Payment
Buyer may receive a 10 Lead introductory trial offer whereby Buyer may fully participate in Leads to Excel by receiving and responding to Sales Leads and having the opportunity to complete transactions with Applicants who have chosen Buyer's products or services. After the trial period, Buyer can elect to continue receiving Sales Leads from Leads to Excel but will be charged a pre-determined weekly or per lead fee, the details of which will be determined by Leads to Excel prior to the completion of the trial.

Term
Either party may terminate Buyer's rights and obligations hereunder by providing the other party with notice to Leads to Excel head office or Buyer's address as given during registration.

Leads to Excel
3335 South 900 East
Suite 220
Salt Lake City, UT 84106
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No Spam Policy
Leads to Excel has ZERO tolerance for the sending of single or bulk unsolicited commercial advertising, unsolicited commercial E-mail, information announcements, or other unrelated messages (aka Spam). Leads to Excel may, at its sole discretion, use various approaches to detect, manage, and eliminate Spam from the Leads to Excel system. These approaches include, without limitation, automated and manual monitoring of all requests entered through the Leads to Excel system for adherence to this policy.

If Leads to Excel determines, at its sole discretion, that Buyer has violated Leads to Excel no Spam policy, Leads to Excel may take any or all of the following actions.

A. Report the Spam messages and any email or web hosting to industry standard anti-Spam efforts such as SpamCop and Mail Abuse Prevention System (MAPS), Realtime Blackhole System.
B. Forward the messages and a complaint to the abuse email account of Buyer's email provider and their web hosting company.
C. Forward the messages and a complaint to the abuse email account of Buyer's web provider and ISP.

Violation of Leads to Excel No Spam policy is considered a material breach of this agreement.

In addition, Buyer agrees that they may only solicit that product or service in which the Applicant has directly applied for and that which the Buyer has purchased the lead. Buyer may not solicit or attempt to solicit through third parties any other offering to the sales lead that has been purchased.

Re-selling leads is prohibited under this agreement.

Rules
Buyer agrees that violation of any of the following rules constitutes a material breach of this Agreement:
· Using Leads to Excel for any purpose in violation of local, state, national, or international laws;
· Providing false information on your registration form or impersonating any person;
· Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
· Posting or transmitting any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by Respond.com in its sole discretion;
· Violation of Leads to Excel No Spam policy, including posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, "junk mail," "Spam," "chain letters," or any unsolicited mass distribution of email;
· Posting surveys, contests, or pyramid schemes;
· Aggregators of Buyers are strictly prohibited. Those Buyers that can be classified as a directory service, call center, referral network, association, franchiser, portal, search engine or something other than a destination site will be considered an aggregator;
· Posting improper responses;
· Stalking, harassing, or otherwise harming others; Distributing viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
· Collecting or storing personal data about other users of the Leads to Excel; inducing, enticing, soliciting, recruiting, luring, or attempting to induce, entice, solicit, recruit, or lure users to another web site which, in Leads to Excel' reasonable determination, is a competitor of Leads to Excel;
· Engaging in any other conduct that inhibits any other person from using or enjoying Leads to Excel; Engaging in any other behavior on Leads to Excel, which in Leads to Excel' sole discretion negatively affects the user experience or is otherwise unacceptable.

Liability Disclaimer
The information, products, and services included on or provided through the Leads to Excel Lead Programs may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Respond.com may make improvements and/or changes in this website at any time.

Leads to Excel MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Leads to Excel WEBSITE OR NETWORK OF WEBSITESFOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Leads to Excel HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Leads to Excel BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Leads to Excel WEBSITE OR NETWORK OF WEBSITES, WITH THE DELAY OR INABILITY TO USE THE Leads to Excel WEBSITE, IF THE BUYERIS DISSATISFIED WITH ANY PORTION OF THE Leads to Excel PROGRAM, OR WITH ANY OF THESE TERMS OF USE, THE BUYER'S SOLE AND EXCLUSIVE REMEDY AGAINST Leads to Excel IS TO DISCONTINUE USING THE Leads to Excel PROGRAM.

Buyer acknowledges that by joining Leads to Excel, it is entering a business relationship with Leads to Excel. Buyer's use of this service constitutes its agreement to all such terms, conditions, and notices and rules, policies and procedures relating to Buyer purchases of products and services through Leads to Excel. Such rules, policies and procedures, may be modified by Leads to Excel in its sole discretion.

The Network Of Web Sites, and the business of Leads to Excel, is to facilitate the fulfillment of specific products and services as requested by the Applicants of Leads to Excel. Leads to Excel does not endorse any of the products or services Buyer provides through this service, or any other entity with whom Buyer may come in contact through this service, and Leads to Excel. Leads to Excel is not responsible for the accuracy or reliability of any information obtained through this service. Leads to Excel takes no responsibility for and assumes no liability in any actions taken by Buyer with any Applicant or Buyer from whom or to whom any information has been provided. Each user of this service agrees to look solely to the other party to the transaction for any warranty, refund, guaranty, performance, payment, or other claims regarding any transactions, products or services furnished or ordered through this service. As with the offer and sale of any products or services in any setting, Buyer should exercise appropriate discretion, good judgment, and caution in accessing information from Applicants and other entities and taking actions based on that information. Buyer expressly acknowledges that the use of Leads to Excel is at its sole risk.

BUYER ACKNOWLEDGES THAT IT HAS READ THE TERMS CONTAINED HEREIN AND AGREES TO BE BOUND BY THEM. BUYER HAS EVALUATED THE DESIREABILITY OF PARTICIPATING IN Leads to Excel AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN.


Authentication
Buyers are accepted to participate in Leads to Excel on the representations that they make to Leads to Excel in claiming that they are who they purport to be, and are not infringing the rights of, or impersonating, any third party.

Indemnity
Buyer agrees to indemnify and hold Leads to Excel harmless against any and all costs or losses of any kind (including reasonable legal fees) in connection with any claims of any nature related to Buyer's participation in Leads to Excel, including without limitation claims of damage to property, personal injury, product liability, copyright, trademark, patent or trade secret infringement, libel, defamation, invasion of privacy, fraud, or breach of confidentiality, arising out of the use of Leads to Excel.

Modification Of These Terms And Conditions
Leads to Excel reserves the right to change the terms, conditions, and notices under which this website is offered. Leads to Excel agrees to inform Buyer that the Terms and Conditions have changed and the Buyer's continual use of the service constitutes their acceptance of the revised Terms and Conditions.

Copyright
The works of authorship contained in this website in the domain "http://www.leadstoexcel.com" including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Leads to Excel. All Rights Reserved, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of Leads to Excel.


Applicable Law
This Agreement shall be governed by, and in accordance with, the laws of the Commonwealth of Utah, as such laws are applied to contracts entered into and performed in such state.
 
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