Real Time Pay Per Lead Order Terms & Conditions, Policies


LEAD ORDER INFORMATION

Thank you for choosing Lead Tycoons.  We look forward to being the preferred Lead Generation, Marketing Agency, and Data Services Provider for your company.  We kindly ask that you review these Terms & Conditions and Policies.  We know this is a lot of information and we just want to make sure we are on the same page.  If you have any questions about the information contained herein, please contact us anytime at 1-877-730-5323

Disclaimer:  Success and Conversions will vary.  We make no representation that your campaign will produce Profits, Sales or Revenue.  Important Factors to Consider:   Internal Sales Processes, Procedures, Marketing Initiatives, Online Presence, Experience, and Your Company Reputation.  Most Campaigns require common practice follow up and nurturing.  

Lead Orders are Paid and Distributed on a Per Order Basis. JBW has every interest in earning your repeat business. Therefore, as a matter of convenience to our customers, this Agreement will remain in effect and apply on all future re-orders that will be documented and recapped via E-Mail if applicable. However, if both parties agree and deem necessary, a New Order Agreement may be initiated. If in the event JBW makes an amendment to the policies and procedures, JBW will notify the Lead Buyer in writing with advanced notice of at least (10) Days on any policy changes not limited to Pricing and Replacements.

Account Set Up: *CRM Integrations require your support team to provide API Documentation & Mapping Details. *Individual E-Mail Delivery can take anywhere from 24-72 Hours for Distribution to begin.

Distribution Pace: Real-Time Leads will be distributed spontaneously as they are generated. Considerations of your distribution pace are not limited to: Holidays, Weekends, Lead Buyer Pause Requests, and Current Demand. We will fulfill orders as quickly as possible based upon the overall order count. Lead Tycoons strives to ensure consistent delivery and will work with you to set the expectation of your lead pace. Lead Order Size may drastically impact the amount of Leads you should expect on a Daily Basis. We can provided estimations of Daily Distribution however, we simply can not guarantee a given result as our initiatives are running in real-time and can be volatile at times. We strive to remain consistent and will ensure to adjust our initiatives internally should we notice anything trending in the wrong direction.

DEFINITIONS, TERMS & CONDITIONS, USE OF PRODUCT

For Purposes of this Agreement:
"JBW" is Defined as JBW Business Consultants DBA Lead Tycoons
"Lead Buyer"is Defined as the Purchaser of Leads as a representative ofthemselves and their entire organization.

Lead Definition:
a. The Leads will present you with information for business that are seeking to borrow money, and you are in the business of lending money and providing cash advances to businesses.

b. The Leads will consist of the following information (hereinafter “Lead Information”) but might not always include:
i. Company name; ii. First and last Name of a company contact person, along with the contact person’s telephone number, electronic mail address, preferred time to be contacted, and preferred method of contact; iii. Company monthly revenue, time in business, and credit score range; and iv. and the loan amount requested.

c. JBW collects Leads through various channels and sources. The information provided in the Leads comes from businesses who seek loans, funding, or some other type of credit facility. The information is provided by the businesses, voluntarily, and submitted by them to JBW through various “landing page” websites and in some cases a trusted third party. JBW does not verify the accuracy of the information provided and has no means to do so. However, JBW is committed to customer satisfaction; if the information provided is inaccurate, may contact JBW concerning a replacement Lead.

d. Unless otherwise agreed to by the parties, the Leads will be transferred via electronic mail or CRM Integration if previously arranged with JBW. Lead Purchaser Account Set Up Times for e-mail are normally set up between 24-72 hours depending upon the current demand for JBW Services.

e. JBW works tirelessly on new initiatives with its sources and as such, the lead format may or may not include the same header information on each and every lead. Header information "Lead Information" may be subject to change on occasion.

f.  Live Call Transferring Leads  & Reecordings:  Live Call Transfers are primarily derived offline in one of our contracted contact centers off-shore.  All Calls are subject to being Recorded for Quality Control, Assurance, and Training Purposes.  All Call Recordings are the property of JBW Business Consultants DBA Lead Tycoons and are not made available for re-distribution.  However, upon request we will provide you access to the Live Call Dashboard where you will have visibility on Call Detail Records, Duration, Time to Answer, and Call Recording Audio.  Call Recordings, if downloaded should not be used for any purpose other than Training Purposes.  Call Recordings should be not be reproduced or re-distributed to any third-party without the expressed written consent of a Managing Member of Lead Tycoons.

f1:  Definition & Pre-Screening Criteria Minimum Requirements for Live Call Transfer Leads: 

Business Owner is Representing $10,000 or More in Monthly Deposits into an Active Business Checking Account 
Business Owner is Representing 6+ Month's Time in Business 
Business Owner is Representing No Active Bankruptcies, Defaulted Payments, or Judgments 
Business Owner is Expressing an Interest and/or Desire to Learn More about Obtaining Business Financing 
Business Owner is Representing an Interest in Accessing $10,000 or More in Business Financing
Business Owner is Representing an Interest in Obtaining Business Financing within the next (30) Days
 
These calls / leads should be not viewed solely as Merchant Cash Advance Calls.  Please review the business owner's situation in its entirety and work with them to offering the best financing
options that they may have available to them.  
 
g.  Appointment Call Back Leads:  Appointment Call Back Leads are originated in one of our Contact Center Locations and All Calls are Recorded.
We will secure an Appointment based upon the availability based upon a combination of:  Availability in your Appointment Calendar (via your Appointment Calendar URL that you provide, the Business Owner's availability or suggested best time to reach).  We will advise the owner to expect a call from your name/company name at the time set and to watch out for a confirmation notification.  If in the event of a Cancellation or 'No Show' please use the "Report a Problem with this Lead" Link on the notification that you will receive via e-mail upon us securing an appointment call back for you.  Please make all continuous efforts in making additional attempts to establish contact with Business Owner.  The call recordings of the appointments we are securing will contain specific information relative to your company and the date/time of the appointment.  Lead Tycoons and its representatives have every interest in minimizing "No Shows" from occurring.  However, due to a myriad of reasons, many of these "No Shows" are outside of our control and we can not force any Business Owner to take your call.  If you have any issues, of any circumstance please contact us so we can attempt to intervene and/or get the business owner re-engaged.  
 
*IMPORTANT NOTATION:  These Calls Should Not Be Viewed Solely as Merchant Cash Advance Leads or Calls.  Please view the Business Owners situation in its entirety and offer the best options that they have available to them.  
 

1. CONFIDENTIALITY, GENERALLY. “Confidential Information” means all of the trade secrets and other nonpublic business or financial information, business methods, procedures, know-how, contact data and other information of every kind that relates to the business of either Party that is disclosed by either Party to the other, in any form or medium, whether or not marked or identified as confidential at the time of disclosure, and includes, without limitation, financial information, strategies, plans for potential expansion and marketing initiatives and all other non-public information of a Party. Each Party will hold the other Party’s Confidential Information in confidence and will safeguard it with at least the same degree of care as a prudent businessperson would use to safeguard his or her own proprietary information and trade secrets, and each Party will use the other’s Confidential Information solely for purposes of performing under this Agreement. A Party will not be obligated to protect Confidential Information to the extent such information: (a) is publicly known other than through a wrongful act or omission of the receiving Party; (b) was available to or already known by the recipient on a non-confidential basis prior to its disclosure by the other Party; (c) is developed by the recipient independently of any information acquired from the other Party; (d) becomes available to the recipient on a non-confidential basis from a third Party, provided that the recipient has no reason to know that the third Party is or may be bound by a confidentiality agreement with the disclosing Party; or (e) is disclosed pursuant to a court order or the requirement of any governmental authority (in which case the recipient will promptly notify the disclosing Party of any such order or requirement, and cooperate, at the disclosing Party’s expense, in an effort to obtain a protective order from the issuing court or governmental authority limiting disclosure and use of the information). Each Party will, immediately upon request or the termination of this Agreement, return or destroy (at the disclosing Party’s request) all Confidential Information of the other Party and all copies and embodiments thereof. The terms of this section shall survive the termination of Lead Buyers relationship with JBW.

2. SECURING & STORING INFORMATION. Each Party will maintain appropriate physical, technical, and organizational measures to protect all Lead Information against accidental loss or unauthorized access, use, disclosure, alteration, or destruction. Each Party acknowledges that the level of security that is appropriate will depend on the sensitivity of the information, the risks represented by the processing of the Lead Information, the harm that is likely to result from a breach of security, industry standards and applicable law.

3. WARRANTY. JBW Business Consultants shall provide its services and meet its obligations under this Master Agreement in a timely and workmanlike manner, and will make all commercially reasonable efforts to satisfy the delivery specifications presented in Order Forms, using knowledge and recommendations for performing the services which meet generally acceptable standards in JBW’s industry, and will provide a standard of care equal to, or superior to, care used by service providers similar to JBW on similar projects.

4. REMEDIES. In addition to all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from receipt to cure the default(s) described. Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time shall result in the automatic termination of this Master Agreement and any applicable Order Forms.

5. INDEMNIFICATION. Lead Buyer agrees to defend, indemnify, and hold harmless JBW against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to attorney’s fees and costs) and claims caused by or resulting indirectly from Lead Buyers misuse of the data provided to Lead Buyer, without limitation or exception, including JBW if you are in violation of TCPA or CTIA regulations or any third party’s rights (including but not limited to infringement of any copyright trademark, service mark, trade secret, right of privacy or publicity, right to be protected by laws, third-party right, and regulation or guideline described in the terms of use, privacy policy). The terms of this section shall survive the termination of Lead Buyers relationship with JBW.

6. COMPLIANCE WITH APPLICABLE LAW. Lead Buyer represents warrants and covenants that:

a. it has reviewed all applicable laws and regulations governing the relationship between Lead Buyer and any Consumer or Lead acquired pursuant to this Agreement and including, but not limited to: The GrammLeachBliley Act, the Safeguards Rule, the EU-U.S. Privacy Shield Framework, the Truth in Lending Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act (“FCRA”), the Equal Credit Opportunity Act (“ECOA,” including its implementing Regulation B), the Electronic Funds Transfer Act (including its implementing Regulation E), the Federal Trade Commission Act, the Telemarketing Sales Rule, the Prescreen Opt-Out Notice Rule, and the Red Flags Rule, and further represents, warrants and covenants that it is currently in compliance therewith and will continue to comply therewith in connection with any business with whom Lead Buyer engages in any transaction as a result of JBW Business Consultants.

b. it is duly licensed, authorized and certified by all applicable governmental regulatory authorities to operate its business as it is now conducted and, if Lead Buyer engages in any transaction as a result of JBW services under this Agreement, (i) it shall acquire and maintain appropriate licenses, authorizations, and certifications from all applicable governmental regulatory authorities required to perform its obligations hereunder, including those required under the applicable state law of the Consumer’s residence, and (ii) no such transaction shall be illegal, void or voidable, in whole or in any part, under the law; (c) all representations made on its respective website regarding its products or services shall be truthful, lawful and not misleading; and (d) it will use commercially reasonable efforts to maintain the security of its website and all Lead information, including, without limitation, as required by Section 7 hereof. Without limiting the generality of the foregoing, Lead Buyer will comply with all applicable requirements of Section 701(d) (6) of ECOA and Section 615(a) of FCRA relating to the delivery of adverse action notices. If Lead Buyer has purchased any Lead from a third party (“Lead Seller”) that imposes additional or different compliance requirements on JBW, JBW will notify Lead Buyer of such additional or different requirements, and, upon such notification, Lead Buyer will comply with such additional or different compliance requirements of Lead Seller

REPLACEMENT & REFUND POLICY

Replacement Policy: Lead Tycoons extends a replacement policy on eligible orders. Replacements will be considered eligible for review on orders of 50 or More Leads on any single order. Lead Replacements are not available for Lead Orders that do not meet our minimum order requirements (50). Lead Tycoons reserves the right to decline any replacement request. Replacements will be reviewed internally by an account manager. Lead Buyer should perform all diligence to Lead Tycoons will not exceed replacements on 10% of the overall lead count. For example, the maximum amount of replacements on an order of 50 Leads would be 5. Replacements are normally limited for reasons of: Bad Contact Info, Fictitious Company Name, Blatant misrepresentations, and obvious clerical errors.

However, Lead Tycoons is committed to customer satisfaction and long-term relationships therefore, we may approve leads beyond 10% in extraordinary circumstances.

Replacement Process: Replacements should be sent via E-Mail to your Account Manager upon notification that your order is nearing or has reached order fulfillment. The replacements should be sent in (1) compiled list if applicable. The replacement reason should be indicated next to the lead.

Refund Policy: There are no refunds under any circumstances. Leads are a consumable product and digital goods such as real-time leads have little to no return value. Therefore, JBW Business Consultants encounters a cost to generate and produce leads in a real-time & exclusive capacity. If for any reason you no longer wish to receive the remaining balance of your leads we recommend finding a partner that we can submit leads to on your behalf. The new recipient will need to sign and adhere to a newly executed order agreement. We do not extend refunds unless a catastrophic event takes place or if in the event Lead Tycoons is unable to distribute your leads due to systematic failures.  

PAYMENT TERMS

Payment Methods

ACH, Wire, e-Check, Major Credit Cards via Square Payments, Certified Checks

JBW Business Consultants Account Information will be provided on Orders that Exceed $1,000.00

Payment Terms

Payment must be received and cleared before Lead Setup & Distribution can begin.

If you have submitted an ACH or Wire, Please Notify us so we can monitor our account activity and begin working on your account.

Orders exceeding $1,000.00 MUST BE PAID via ACH, Wire, or Certified Check unless otherwise approved by Lead Tycoons.

We use BB&T Bank, and you may also visit a local branch to deposit funds. We will provide our Domestic Account Info (if applicable). Please refer to your Financial Institutions time frames if wiring funds or sending an ACH Transaction.

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Document name: Real Time Pay Per Lead Order Terms & Conditions, Policies
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June 22, 2021 7:32 pm EDTReal Time Pay Per Lead Order Terms & Conditions, Policies Uploaded by Jason Bishop - notifications@leadtycoons.com IP 97.104.153.173