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Lead Vendor Program This outline is intended to provide information about the Equileads.com Lead program for vendors looking to provide leads for upload to Equileads.com's database. This is not a contract or agreement and uploads to our system may be cancelled at anytime by both parties. Payments: Payments will be sent every Month at the end of the month for the previous months sales via paypal payment only. Sorry no checks or other forms of payment are available. Commissions are paid at a rate of 50% of leads selling price. Commissions are tracked in real time from each sellers account. Commissions are paid after deductions are taken for Bogus Leads reported by our member database. These bogus leads or "invalid commissions" are tracked in your account and will continue to total up on a week by week basis in order for us to retain the info on file and label the "approved" lead to a "denied" lead commission. The "invalid commissions" are deductions we approve when a member submits a lead for being bogus. The "invalid commissions" are deducted from the "pending commissions" before defaulting to the "pending commission" status - so pending commissions are true numbers and will be paid on your scheduled payment date. Reasons for Bogus Leads include: · Aged lead - Lead is extremely aged and returned because of age. · Bad Data - Bogus contact information - not looking for loan - person does not exist. Our Sellers Terms of Service: All Equileads.com Affiliates must agree to the following terms of use. Any violation of this agreement as well as any unlisted malicious use except for the intended purpose of this site may result in forfeiture of account and if any existing balance or commissions. Leads can be uploaded in any quantity approved by a Equileads.com Rep and must be uploaded using Equileads's upload template in the seller area. Sellers will not be paid commissions on bogus leads returned within allowed 72 hour grace period. Equileads.com may hold your funds to sort out and investigate lead complaints. At this time Equileads.com does not allow direct access to our upload area due to strict formatting issues and to assure our system has no incomplete leads. High amounts of bogus lead reports are not acceptable to Equileads. Accounts attempting to pass bogus leads or accounts with high bogus lead volume will have accounts dismissed with possible forfeiture of account balance. Equileads.com agrees to credit member accounts for counterfeit or 'unworkable' leads. Please do not upload leads any older than 48-72 hours old. The date you upload your lead is the date reflected to our buyers. Please keep the leads fresh or your account will be suspended. Members also agree that information provided about clients do not contain social security numbers or any other information that fall under current 'RESPA Guidelines'. Equileads.com does not generate leads via SPAM and does not promote SPAM as a method to generate leads. If email marketing is used to generate leads it should be used within an acceptable opt-in email program. Equileads.com is not responsible for leads sold on our site generated from spam and makes no warranties and accepts no liabilities for complaints, legal fees, or fines resulting from generation methods that vendors utilize. Equileads.com acts a marketplace for vendors to provide leads to professionals in a fair manner following all federal and state guidelines for generating leads. All commission payments are currently made via Check, for other payment options please contact us. You must contact us before uploading leads to become a verified seller or you will not be paid commissions. Faxed checks are for a one time deposit and shall not be used for setting up automatic payments to vendors. TERMS OF SERVICE AGREEMENT This Agreement sets forth the Standard Terms and Conditions that apply to use of the Equileads.com ("Equileads.com") web site. YOUR USE OF THE Equileads.com SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. These Terms of Service form independent agreements between you and Equileads.com. The Parties shall be liable to the other for any breach of these Terms of Service, and you agrees that your sole recourse in case of such breach shall be against the breaching party. TERMS AND CONDITIONS You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the sites, or accept the services or benefits, to which such terms apply. TERM OF AGREEMENT AND TERMINATION This Agreement shall remain in effect as long as you have an account with Equileads.com and shall automatically renew each time you use the Equileads.com's services. Equileads.com may terminate this Agreement at any time, for any reason. MEMBER CONDUCT You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service. MEMBERSHIP ELIGIBILITY Our services are only available to principals and employees of duly organized and licensed brokers or lenders who are in good standing. We do not accept lenders that engage in predatory lending practices. REGISTERING FOR SERVICE Registration is free of charge to eligible members. Each member has sole responsibility of their account and protection of their account information. CONTENTS OF MESSAGES You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use Equileads.com for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use Equileads.com to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Equileads.com reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines. ACCOUNT AND PASSWORD You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Equileads.com of any unauthorized use of your account. LINKS The links on the Equileads.com Web Site may let you leave the Equileads.com Web Site. You acknowledge that the linked sites are not under the control of Equileads.com and Equileads.com is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. Equileads.com is not responsible for web casting or any other form of transmission received from any linked site. Equileads.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Equileads.com of the linked site or any association with their operators. UNLAWFUL OR PROHIBITED USE As a condition of your use of the Equileads.com Web Site you warrant to Equileads.com that you will not use the Equileads.com Web Site for any unlawful purpose. RIGHTS GRANTED TO Equileads.com By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Equileads.com Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant Equileads.com the licenses set forth below. You hereby grant Equileads.com and its affiliated companies permission to: • Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication. • Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. • Publish your name in connection with any such communication. The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to Equileads.com's or its sub- licensee's use of the materials contained within such communication. Equileads.com is under no obligation to post or use any materials you may provide, and may remove such materials at any time in Equileads.com's sole discretion. RELATIONSHIP OF THE PARTIES Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever. CONFIDENTIALITY The information provided to you by Equileads.com is proprietary to Equileads.com and is considered to be confidential information. You shall take all reasonable steps to assure that the confidential information shall not be disclosed by you to others, in whole or in part, without the prior written permission of Equileads.com. You may use the information only for business purposes. You may tell the prospective borrower that you received their request from Equileads.com, however you may not share the actual lead data with the prospective borrower or any other third party for any reason. RELEASE Equileads.com is not involved in the actual transaction between the parties. Equileads.com has no control over the quality or accuracy of the information provided in the leads. Equileads.com does not guarantee the data contained in the leads, your results or that you will close a loan with our leads. In the event that you have a dispute with one or more clients obtained through a lead, you release Equileads.com (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY THE Equileads.com SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Equileads.com EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE Equileads.com SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Equileads.com, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL Equileads.com, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Equileads.com SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE Equileads.com SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Equileads.com RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT Equileads.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM Equileads.com AND ITS AFFILIATES. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON. COPYRIGHT AND TRADEMARKS All contents of the Equileads.com Web Site are proprietary to Equileads.com, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. Equileads.com reserves any rights not expressly granted herein. ARBITRATION Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in North Carolina, as the parties to this agreement agree to be governed by the laws of North Carolina. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in North Carolina necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of North Carolina with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party. INDEMNIFICATION You agree to defend, indemnify and hold harmless Equileads.com against any and all claims, losses, legal fees, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with Equileads.com. MISCELLANEOUS This Agreement constitutes the complete and exclusive agreement between you and Equileads.com and supercedes any prior Agreements between the parties with respect thereto. This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina. Each party to this Agreement hereby submits to the exclusive jurisdiction of the courts of the state of North Carolina, and waives any jurisdictional, venue or inconvenient forum objections to such courts. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment. Equileads.com's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Equileads.com's right to subsequently enforce such provision or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing. Any headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action. You may not assign your rights, except in the event of a merger or consolidation of either party, in which case the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement. If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of Equileads.com, Equileads.com is unable to perform in whole or in part its obligations as set forth in this Agreement, then Equileads.com shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make Equileads.com liable to you. Equileads.com shall have the right at any time to change the terms of this Agreement, effective immediately upon making the modified provisions available on the Equileads.com Web Site. You are responsible for regularly reviewing these documents. Continued use of the Equileads.com Web Site after any such changes shall constitute your consent to such changes. Equileads.com does not and will not assume any obligation to notify you of any changes to the Terms of Service. By signing up for a sellers account and selecting the agreement button you agree to all seller and purchaser policies and terms of service. Equileads.com is only looking for serious marketing companies to assist in generating quality leads - if you fit our needs then you will be accepted into the largest lead system on the Internet today!