HomeSafety Pro Terms And Conditions – Pay Per Lead Services

Introduction

IMPORTANT – READ CAREFULLY: BY CLICKING THE “I ACCEPT” BUTTON YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. The Terms and Conditions herein, together with any schedules and the Signup Form constitute the agreement (“Agreement”) applicable to the purchase of Pay Per Lead Services (collectively, the “Services”; individually “Lead” or “Leads”) amongst You and HomeSafety.com, Inc., a Delaware Corporation, doing business as “HomeSafety.com” and any successor-in-interest or assignee of HomeSafety.com; located at 44 Wall St #505, New York, NY (hereinafter “HomeSafety.com”). “You”, ”Your” or “Yours” refers to either (a) the individual or entity that registered and/or provided HomeSafety.com his or her payment information for the Services, or (b) if the Services are being purchased on behalf of an entity by a representative of such entity, the “You” or “Your” refers to such entity. The Services are provided as part of a managed Pay Per Lead Program and service offering of HomeSafety.com which includes, but is not limited to NitroQuotes for Security (“NitroQuotes”); NitroLeads for Security (“NitroLeads”); SecuritySystemQuotes.com or the Security Dealer Association (“SDA”), (collectively and hereinafter, the “Program” or “Programs”). If You do not agree with the terms of this Agreement, click the “CLOSE TAB” button and do not make any other use of the Services.

You may elect to purchase additional services from HomeSafety.com, or its affiliates, partners and/or other third parties, which have their own terms and conditions agreements and acceptable use agreements, aside from this Agreement. Those agreements should be presented to You at the time of purchase and it is then Your obligation to review, accept and abide by those agreements as well as this Agreement.

HomeSafety.com reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion and to determine whether any such changes apply to both existing and future customers or solely to future customers. HomeSafety.com may make changes or modifications to referenced policies or guidelines without notice to You. Your continued use of the Services following HomeSafety.com’s posting of any changes or modifications will constitute Your acceptance of such changes or modifications.

1. Obligations of HomeSafety.com

Subject to Your compliance with these Terms and Conditions, HomeSafety.com will provide, during the Term (as defined below) the following:

1.1. HomeSafety.com agrees to provide the Program Services referenced in these Terms and Conditions. In the event of any conflict between this Agreement and Program, this Agreement shall control.

1.2. Leads generated by users of the Program sites will be primarily delivered via email, but can also be sent via HTTP web post and SMS. HomeSafety.com is not responsible for any failure to receive Leads due to spam filters, address-book filters, filters imposed by internet service providers, or failure on the part of Your email servers or internet service provider to deliver the Leads.

1.3. HomeSafety.com will provide access to the self-service Portal (login.homesafety.com) for Lead and account management.

1.4. Any other language in this contract notwithstanding, HomeSafety.com shall have the right to withhold the forwarding of any Leads to You for any reason in its sole discretion, provided that You will be charged only for those Leads that are actually forwarded to You by HomeSafety.com.

2. Your Obligations

2.1. You agree that by accepting this Agreement You waive Your right to dispute any credit card claims based on results or Lead quality for any of the Services listed herein. You also agree that Your sole source of dispute for results or Lead quality is as detailed in Section 3.2.

2.2. You agree to respond to every Lead within two (2) business days and otherwise to comply with the following:

  • • You shall honestly and accurately represent Your products and services to Customers and shall prominently disclose to Customers all essential contract or sale terms, including, without limitation, fees, cancellation penalties, and length of term of service, if applicable.
  • • You shall honor all rate and fee schedules under the terms offered to Customers. “Bait & switch” tactics will not be tolerated and may be cause for termination of service.
  • • You shall accurately portray Your affiliations (e.g., Dealer/ISO/agent/broker, etc.). You shall contact Customers in a polite, professional manner, limiting the number of calls-per-day within commercially reasonable standards, calling during normal business hours based on the time zone of Lead origin and otherwise complying with all applicable marketing law.
  • • You shall refrain from making disparaging comments regarding other vendors participating in the Program.
  • • You shall perform all of Your obligations hereunder, including, without limitation, with respect to Your Customers, in accordance with industry standards and in compliance with all applicable laws and regulations.

2.3. Until such time as You receive Independent Verification (as defined below), You may not use the information in the Lead (“Lead Data”) for any reason other than to respond to the Lead solely with respect to Your own products and services, and may not disclose the Lead Data to any person or entity. “Independent Verification” means the Customer’s purchase of a product or service of Yours, or Your confirmation of the Lead Information accompanied by opt-in consent to the requested use or disclosure of such information by You (e.g., to add the Customer to a newsletter, magazine, or communication subscription). You may not respond to any Lead for purposes of cross-selling other products and services not sold by You. You many not provide any Lead to a third Party.

2.4. You agree not to submit a Lead using any of the Program or Program Partner sites, within any category of the Program or Program Partner sites in which Your products are also offered.

3. Fees

You shall pay Fees as and when due according to the following:

3.1. Unless agreed otherwise, Lead Fees will be payable via credit card and charged to the card specified in the Program Sign up Form or HomeSafety.com Credit Card Acceptance Form. Lead Fees are payable via a declining credit balance which is established when the account is opened and charged to the credit card referenced above. This initial charge amount will be the same amount charged upon every occurrence when the account balance is replenished. As each Lead is received it declines the balance by the cost of the Lead. When the account balance drops to the preset minimum amount, the credit card is automatically charged again for the pre-set amount. By agreeing to this You explicitly understand that Your card will be charged on an ongoing basis until termination of the contract.

3.2 You agree to purchase Leads placed in Your portal at the prices set forth in HomeSafety.com then-current price list. Leads are subject to availability, and prices are subject to change at any time at HomeSafety.com’s sole discretion. HomeSafety.com will notify You by e-mail of any pricing changes at least five (5) days prior to the change. After the expiration of such 5-day period, You will be bound by any such pricing changes, regardless of Your failure to review the then-current price list or to read or receive any such e-mail for any reason, subject to Your right to terminate this Agreement in accordance with the terms and conditions.

3.3 In accordance with the Program Policy, Your account may be credited for Fees previously charged for any Lead.

You will be eligible for a Lead Refund is the Lead meets one of the following criteria:

  • • All phone numbers provided are disconnected
  • • Invalid/incorrect customer information
  • • Lead is a duplicate already received from HomeSafety.com within the past 30 days
  • • Lead is outside of your coverage area as selected in Your Portal
  • • Lead does not match the selected filters set in Your Portal

Credit requests must be submitted within seven (7) days of receipt or they are considered valid and no longer eligible. All credit requests must include all required Lead Data together with the reason the credit is being requested and all relevant supporting documentation. Credit requests must be submitted via the HomeSafety.com self-service Client Portal website found at login.homesafety.com and will not be reviewed otherwise. Past due accounts are not eligible for credits.

3.4 If Your credit card is declined for any reason at the time of billing, You authorize HomeSafety.com to process payment on any other credit card stored in Your Account. In the event of non-payment, HomeSafety.com reserves the right to suspend or terminate service until the account is current.

4. Intellectual Property

4.1. You may identify the related Program as the source of a Lead but otherwise shall have no right to use any logo(s), tradename(s) or trademark(s) (the “Marks”) of HomeSafety.com, NitroQuotes, NitroLeads, SecuritySystemQuotes.com, SDA, any Program Partner or their respective affiliates without HomeSafety.com’s prior written approval.

4.2. You grant HomeSafety.com a license to use the Marks of Your Company or its affiliates, as designated by You, (i) for the purposes of (x) identifying You to Customers or other HomeSafety.com, Program Site visitors, (y) identifying You on the HomeSafety.com, Program applicable pages, or (z) otherwise fulfilling HomeSafety.com’s obligations hereunder, and (ii) to promote and market the HomeSafety.com, Program Sites and Your representation thereon.

5. Leads

5.1 The user acknowledges that HomeSafety.com does not investigate or verbally any lead t in any manner whatsoever, prior to sharing the submitted information provided by the Lead with the user.

5.2 A lead is deemed to have been delivered if it successfully appears in your portal (login.homesafety.com). All leads are sent to your normal email address, but we cannot guarantee that these do not get caught up in SPAM filters. Regardless of whether or not the leads arrive in your email inbox if it shows up in your portal, it is considered delivered and will be charged for. While every effort is taken to ensure that lead emails do not get caught by spam filters, if leads do go your spam box and they have been delivered to your cell phone, they are considered delivered. HomeSafety.com will not be held responsible if you provide us with incorrect contact details to send the leads to.

In most cases, your company will be competing with others, as our leads get sent out to up to 4 security companies at a time. Our experience has shown us that those companies that contact all of their leads promptly get the most business, and therefore the highest return on their investment with HomeSafety.com

5.3 HomeSafety.com will retain ownership of all Leads. The user acknowledges and agrees that he is being granted a limited, non-exclusive right hereunder to use the Leads provided for thirty (30) days from the date of delivery for the sole purpose of promptly contacting the Lead and providing the Lead with the requested quote and/or other requested information.

5.4 HomeSafety.com does not guarantee that any minimum quantity of Leads will be provided to the user, and the number of Leads provided hereunder will vary depending on numerous factors; and HomeSafety.com has no obligation to provide any Leads to the User, including Leads that may satisfy all of the User’s specifications regarding acceptable Leads.

6. Termination

6.1 The HomeSafety.com services outlined in this Agreement can be canceled by You at login.homesafety.com.

6.2 Either party may terminate the HomeSafety.com Services for any material breach of this Agreement, or immediately upon the other party’s bankruptcy or insolvency. In the event of termination by HomeSafety.com pursuant to the preceding sentence, You agree to immediately pay HomeSafety.com liquidated damages consisting of any outstanding Fees including any Fees associated with Leads that are delivered as specified in Section 6 plus an amount calculated by multiplying the Fees due under the most recent billing statement by the number of remaining billing cycles through the next expiration date of the then-current Term (had the agreement not been so terminated).

7. Representations and Warranties; Indemnifications

6.1. You represent, warrant and covenant that: (i) all of the information provided to HomeSafety.com hereunder, including information submitted in connection with the Program Signup Form and through other methods including but not limited to, email, verbal conversations and documentation, is truthful and not misleading, fraudulent, defamatory, libelous, threatening, harassing, or obscene; (ii) You are authorized to provide the products and services set forth in the Program Signup Form or provided through other methods; (iii) You have the right to use each copyright, trademark, trade name, service mark, graphic, photograph, or any other intellectual property in the way it is used under this Agreement; and (iv) any advertising copy or materials and any linked advertising shall comply with all applicable laws and regulations.

6.2. You shall indemnify, defend and hold harmless HomeSafety.com and its affiliates, and each of their respective shareholders, owners, officers, directors, agents, and employees, from and against any and all claims of loss, liability, costs or expenses (including reasonable attorneys’ fees) made against or sustained by them based on, arising out of or relating to (i) any third party claim arising out of or relating to a breach of any representation, warranty or covenant of You hereunder; or (ii) the Listing or any products or services of Yours, or (iii) any disputes between You and a Customer.

DISCLAIMERS. HOMESAFETY.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE HOMESAFETY.COM AND CAMPAIGN SITES ANY PRODUCTS, SERVICES OR INFORMATION PROVIDED THROUGH THE HOMESAFETY.COM OR CAMPAIGN SITES OR THE ACCURACY OF, OR RESULTS TO BE OBTAINED BY, THE HOMESAFETY.COM SITE AND CAMPAIGN SITES. HomeSafety.com is not involved in any actual transactions between buyers and suppliers through the Program. Thus, HomeSafety.com has no control over the ability of buyers to purchase items or qualify for leases and other forms of credit. HomeSafety.com cannot and does not control whether or not buyers will complete the purchase of items for which they have requested proposals or quotes. Because user authentication on the Internet is difficult, HomeSafety.com cannot and does not guarantee that each buyer or supplier is whom he or she professes or claim to be. Buyers and suppliers will be able to communicate directly with each other before any transaction is complete. In the event You have a dispute with one or more buyers, You release HomeSafety.com, its affiliates, and the agents and employees of the foregoing (collectively, “HomeSafety.com Parties”) from any claims, demands, and/or damages arising out of or in any way connected with such dispute.

Limitation of Liability. IN NO EVENT WILL ANY HOMESAFETY.COM PARTIES BE LIABLE FOR ANY DAMAGES CAUSED BY ANY QUOTE PROVIDED BY YOU TO A BUYER OR TRANSMISSION, COMMUNICATIONS OR COMPUTER SYSTEM FAILURES. IN NO EVENT WILL ANY HOMESAFETY.COM PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF THE HOMESAFETY.COM PARTIES EXCEED THE AMOUNT OF FEES PAID UNDER THIS AGREEMENT DURING THE PRIOR TWELVE (12) MONTH PERIOD.

8. Miscellaneous

8.1. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of law provisions. All disputes in connection with this Agreement shall be subject to the exclusive jurisdiction of the federal or state courts located in, New York City, New York. This Agreement may not be amended other than in a written instrument signed by both parties. No waiver shall be enforceable against a party unless in writing and signed by such party. No waiver hereunder shall constitute a waiver of any subsequent breach. This Agreement is personal to You and may not be assigned without the prior written consent of HomeSafety.com. HomeSafety.com may assign this Agreement to any affiliate or any successor entity in a merger, consolidation, business combination or sale of all or substantially all of its assets. This Agreement will be binding upon and shall inure to the benefit of the parties and their respective permitted successors and assigns. This Agreement constitutes the entire agreement between HomeSafety.com and You, and supersedes any prior verbal or written agreements, regarding the subject matter hereof.