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Untitled Document
Service Agreement

By purchasing Leads from LeadSearch, Inc., you agree to the terms as follows:


This Agreement is entered into as of the date of the lead purchase and until order is fulfilled. This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the LeadSearch, Inc. Lead Generation Program (the "Program"). As used in this Agreement, "we" means LeadSearch, Inc., and "you" means the Client.

You agree to pay for marketing services we provide to you. Our marketing services include, but are not limited to, providing mortgage application through our marketing efforts such as banner advertising, search engine optimizing, maintenance of web sites, etc. We will be responsible for sorting out and delivering to you leads, in accordance with your lead requirements and this Agreement. Leads sent to the e-mail address or fax number provided by you shall, until we have received notice of any different e-mail address or fax number, be deemed to have been delivered to you whether actually received or not. You agree to reply to the leads in a timely manner.

Term of the Agreement Your participation in the Program will begin upon our receipt of your signed Client Profile and will end when terminated by LeadSearch, Inc. or when the order is fulfilled.

Provider LeadSearch, Inc. is a lead generating company that gathers information via the Internet and other means for marketing purposes. We match consumers with lenders in various states. Using our best efforts, leads shall be delivered upon payment from Customer as the mortgage leads are received.

Leads As used in the Agreement, the term "leads” means a “loan request”, submitted by potential borrowers via our web site and delivered to participants via fax or e-mail. Each semi-exclusive lead is sent by us to no more than three (3) participants. Each exclusive lead is sent by us to only one (1) participant. You understand that the leads are NOT applications for credit. This is a request for information. Consequently, you must receive a prior consent from each prospective borrower before requesting his (or her) credit report. LeadSearch, Inc. cannot guarantee the accuracy of the information it gathers due to factors beyond their control. All information is provided AS IS, with all faults and errors. This would also include loan amounts, loan types and borrower’s financial situation The Leads delivered to you under this Program are only for your use. You agree that you shall not resell, exchange, transfer or distribute our leads to any other person or entity (except within the same lending institution). All offenders will be immediately excluded.

Disclaimers We make no express or implied warranties or representations with respect to the Program or to the leads delivered through the Program including, without limitation, warranties as to the results that may be obtained from your participation in the Program or the use of the leads. The leads are provided "AS IS", with no warranties whatsoever, unless otherwise expressly stated in this Agreement. We do not broker loans and are not an agent of either you, or borrower. We only collect information from prospective borrowers via our web site and transfer it to you. You agree that we cannot and do not guarantee the accuracy, reliability or content of any information submitted by the prospects.

In addition, we specifically disclaim any warranty that the operation of our web site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Limitation of Liability We shall not be liable for any indirect, special, incidental or consequential damages arising in connection with this Agreement or the Program, including without limitation, any loss of profits or business interruption, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with the Program will not exceed the total lead generation fees paid or payable to us.

Indemnification You agree that you shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, asserted against us, that may arise or result from any action taken, or any service performed or agreed to be performed by you, your agents or employees to any person in response to or in connection with any lead delivered to you through the Program.

In addition, we specifically disclaim any warranty that the operation of our web site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Representations and Warranties

You hereby represent and warrant to us as follows:

  1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
  2. The execution, delivery, and performance by you of this Agreement will not conflict with or violate any provision of law, rule, or regulation to which you are subject.
  3. You must be an Equal Housing Lender and be duly licensed or authorized to make loans in each state where you chose  to receive leads from. All participants agree to disclose their license numbers upon request.

Independent Investigation You acknowledge that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

Customer (Lead Buyer): Customer is purchasing marketing services from provider. Customer warrants that they comply with all applicable federal and state laws and regulations in its business practice. This to include but not limited to the Fair Housing Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Equal Credit Opportunity Act, the federal privacy law Gramm-Leach Bliley, and any other governing body for which it does business under its jurisdiction.

Customer warrants they are not currently in violation of any federal, state, or other law or regulation applicable to them in their professional Mortgage Business. Customer will not seek to hold Provider liable in any action prosecuted against Customer by a borrower, government agency, or other party which alleges non-compliance with the laws applicable to originators of mortgage loans, and the mortgage industry standards or Customer's particular states in which they do business.

Chargeback Policy Purchases will appear on your credit/debit card statement as “LeadSearch, Inc.”. You agree not to file a credit card or debit card chargeback with regard to any purchase and instead abide by the lead dispute resolution procedures outlined below. In the event that you breach this agreement and file a chargeback, upon a resolution in our favor of the chargeback by either the credit card issuing bank, the credit card processor or by VISA, MASTERCARD, or AMERICAN EXPRESS, you agree to reimburse us for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit card processor or our banks, other third parties, and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith.

Representations and Warranties

You hereby represent and warrant to us as follows :

  1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
  2. The execution, delivery, and performance by you of this Agreement will not conflict with or violate any provision of law, rule, or regulation to which you are subject.

Arbitration We agree that any claim, dispute or controversy between us or claim by either of us against the other or the employee, agents or assigns of the other and any claim arising from or relating to this agreement or the relationship which results from this agreement, no matter against whom made, including the applicability of this arbitration clause and the validity of the entire agreement, shall be resolved neutral binding arbitration by the National Arbitration Forum, under the Code of Procedure in effect at the time the claim is filed. Any arbitration hearing will take place at a location near LeadSearch, Inc.. Rules and forms of the American Arbitration Association may be obtained and all claims shall be filed at any American Arbitration Association office.  You may visit their web site at www.adr.org/index2.1.jsp  or write to them at 6795 N. Palm Avenue, Floor 2 Fresno, CA 93704.

Entire Agreement This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes any verbal conversations, other communications, and previous agreements, if any.

Modification You agree that we may modify our Program or change the terms of this Agreement, in whole or in part, at any time in our sole discretion. You will be notified by email and a change notice will be posted on our site. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our sending of a change notice will constitute binding acceptance of the change.

Assignment You may not transfer your account or assign this Agreement, by operation of law or otherwise, to any other person or entity, without our prior written consent. Any such attempted assignment or transfer shall be void and without effect.

Governing Law This Agreement will be governed by the laws of the State of California, without reference to rules governing choice of laws. 

Waiver Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.

Lead Return For Real-Time Leads: Replacement requests are subject to verification by LeadSearch, Inc., and must be submitted within 4 days of receiving the lead as dated on the lead and in our lead-tracking system.

Our Refund System is automated however; every request for credit is reviewed by our QC Department. If you receive a lead that is eligible for return, please follow the steps below.

Submit all requests for credit by emailing the Lead ID # with a brief explanation to: RETURNS@MORTGAGELEADS.COM  

Valid Lead Return Options:

  1. Duplicate Lead from Company
  2. Lead criteria does not meet filter requirements
  3. ALL phone numbers are invalid
  4. Fictitious information

Lead Return For Aged leads:  Aged leads are sold on an "As Is" basis and there are no returns.

Lead Return For TV & Live Call Transfers:

  1. Duplicate leads
  2. Wrong # - LeadSearch, Inc. budgets a 5% overage to accommodate for wrong #’s and hang-ups.

Upon return, LeadSearch, Inc. QC department will pull the call reports for review. Please allow up to 72 hours for review and decision.

Upon receipt, our Quality Control Department will review the lead, and the reason given, and either approve or decline the replacement request. If your request is approved, the replacement lead will be credited to your account.

Cancellation Policy: The client may cancel his/her contract if the account has been inactive for fifteen months AND the program chosen by the client is less than 25 percent fulfilled.

LeadSearch, Inc. does not refund money or cash.  LeadSearch, Inc. shall be the final judge of the validity of any Refund Claims.  

To avoid potential abuse of our return policy, please allow up to 72 hours to receive credit for disputed leads, the LeadSearch, Inc. Quality Control Department will call each lead to verify the validity of the information on the lead and the dispute claim. If a dispute is determined to be without merit your account will not be credited for the lead cost AND an additional charge of $15 per invalid dispute will be charged to your account. NO LEAD REPLACEMENTS OR CREDITS WILL BE ISSUED FROM LeadSearch, Inc. FOR LEADS OVER FOUR (4) DAYS OLD FROM DATE OF DELIVERY. These policies are subject to change without notice.

Your submission of a Program application confirms (1) your agreement to be bound by all the terms and conditions of this Agreement; and (2) your acknowledgment that you understand the terms of this Agreement.

Should you have any questions concerning this Agreement please do not hesitate to contact us leads@mortgageleads.com.