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Targetpublishers provides Mortgage Leads, Internet leads, Exclusive online Mortgage Marketing leads, Debt consolidation.  

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Terms & Conditions



Please review our lead terms & conditions below:

The following are the Terms and Conditions described in the order form entered into by you (the "PROMOTER") and the respective Target Publishers Marketing Group, Inc. office indicated in the Order Form ("Target Publishers Marketing Group, Inc."). The Order Form and these Terms and Conditions (collectively the "Agreement"), constitute the entire Agreement between the parties with regard to the Promotion set forth in the Order Form for services rendered.

1. All Order Forms submitted by PROMOTER shall: (i) be subject to acceptance by Target Publishers Marketing Group, Inc.; and (ii) incorporated and subject to the terms and conditions of this Agreement, unless otherwise agreed to in writing by both parties.

2. PROMOTER agrees to pay Target Publishers Marketing Group, Inc. for the Service in accordance with the rates set forth in the Order Form. PROMOTER further agrees to pay Target Publishers Marketing Group, Inc. according to the Payment Terms set forth in the Order Form. Pricing for any Renewal Period is subject to change by Target Publishers Marketing Group, Inc. PROMOTER agrees that prompt payment of the amount due is a material term of this Agreement. In accordance and subject to Section 3 below, PROMOTER agrees that Target Publishers Marketing Group, Inc. may, without breach, terminate this agreement in the event timely payment is not made. As such, PROMOTER is responsible for all expenses (including reasonable attorney's fees) incurred by Target Publishers Marketing Group, Inc. in collection of such amount.

3. Target Publishers Marketing Group, Inc. Commitments: (a) Target Publishers Marketing Group, Inc. shall have the right to approve PROMOTER'S specifications and selection of products prior to distribution of the Promotion; (b) Target Publishers Marketing Group, Inc. will send the Promotion to the End-user(s) at its own cost; (c) the Promotion shall be sent to the number of End-user(s) and the Country specified in the Order Form; and (d) Target Publishers Marketing Group, Inc. shall take commercially reasonable efforts to distribute the Promotion by the estimated Promotion Publication Date specified in the Order Form; (e) Target Publishers Marketing Group, Inc. shall distribute leads to the promoter’s email stated on page one, section one of the order form.

4. PROMOTER’S Commitments: (a) PROMOTER will prepare the Promotion by creating product offers targeting the description and number of End-users specified in the Order Form (the "End-user(s)"). The Promotion will be specifically designed for the End-users; (b) PROMOTER shall pay Target Publishers Marketing Group, Inc. the Promotion Fee(s) set forth in the Order Form; and (c) PROMOTER agrees to respect the confidentiality of all End-user(s) and that the Promotion shall be free of any defamatory, offensive, sexually implicit or illegal language.
 
5. Confidentiality - The parties agree to hold each other's Confidential Information in strict confidence during the term of this Agreement and for a period of two (2) years after the termination of this Agreement. "Confidential information" shall be limited to the programs, the terms and pricing under this Agreement, and all information clearly identified as confidential. The parties agree, unless required by law, not to make each other's Confidential Information available in any form to any third parties unless expressly agreed to in writing by the other party. Each party agrees to take all reasonable steps to ensure that Confidential Information is not distributed by its staff or agents in violation of the terms of this Agreement.

6. Each party represents and warrants to the other that: (i) it has the right to enter into this Agreement and its obligations are not in conflict with any other of its obligations, and (ii) all services required will be performed by such party in a timely, competent and professional manner.

7. Cancellation - Either party may cancel this agreement within three calendar days of the original date of this order form and required to provide written notice to the other party in advance. Refunds will be permitted within the cancellation period and not thereafter.

8. End-user Information - Any and all End-user(s) information shall remain the sole and exclusive property of Target Publishers Marketing Group, Inc., as well as, be considered confidential information of Target Publishers Marketing Group, Inc. The Parties agree that any information independently and directly obtained by PROMOTER from the End-user(s) who purchase products as a result of the Promotion shall remain the property of PROMOTER.

9. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, NEITHER PARTY MAKES ANY OTHER OR DIFFERENT REPRESENTATIONS OR WARRANTIES TO THE OTHER OR TO ANY THIRD PARTY, WHETHER EXPRESSED NOR IMPLIED. INCLUDING, WITHOUT LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TARGET PUBLISHERS MARKETING GROUP, INC. SHALL NOT BE, UNDER ANY CIRCUMSTANCE, LIABLE TO PROMOTER, IT’S EMPLOYEES OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, REVENUE, DATA OR USE, ARISING OUT OF ANY CLAIM DIRECTLY OR INDIRECTLY RELATED TO THE PROMOTION.

10. Binding Agreement & Assignment - This Agreement and all of the provisions hereof will be binding upon and inure to the benefit of the parties hereto and their respective successors. PROMOTER shall assign or transfer the Agreement without the prior written consent of Target Publishers Marketing Group, Inc., which shall not be unreasonably withheld or delayed. Target Publishers Marketing Group, Inc. may, assign the Agreement to an affiliate or subsidiary.

11. Indemnification - PROMOTER agrees to indemnify and hold Target Publishers Marketing Group, Inc. harmless against any claims of any kind arising out of the Promotion (including, without limitation to trademark or copyright infringement, libel, defamation, breach of confidentiality, false or deceptive advertising or sales practices) and/or any material of PROMOTER to which any End-user(s) can link through the Promotion.

12. Notices - Except as otherwise permitted herein, any notices or consents required or permitted under this Agreement shall be made in writing and delivered in person or by registered or certified mail, postage prepaid, return receipt requested, or by a reputable courier delivery service, or by facsimile or e-mail during regular business hours (provided that a confirmation copy follows by first-class US Mail or another method of delivery permitted under this Section), as follows unless such address is changed by written notice hereunder. Such notice shall be deemed given for purposes of this Agreement on the day that such writing is sent to the intended recipient set forth in the Order Form.

13. Replacements & Credits
for Live-Transfer, Verified and Internet lead types - Target Publishers Marketing Group, Inc. will return and replace prospects under the following conditions: a.)  Data transmitted does not permit Promoter to make contact with the prospect after reasonable attempts because data does not contain a correct phone number or email address.  b.)  Data was entered by a minor applicant, under 18 years of age or a person that is not legally capable of making a contract/loan. c.)  Data contains false identity/contact information.  All returned applicants must meet one of the above criteria and returned to Target Publishers Marketing Group, Inc. within five (5) business days upon receiving applicant data. Please email all returns to our lead department at: returns@targetpublishers.com and include your personal and company name, lead applicant name, and the reason for the return. All questions regarding your campaign can be addressed to our lead department at 877-903-2121 x102 or via our contact us page, http://www.targetpublishers.com/tpcontact.htm.  Any returns exceeding twenty percent of original order will undergo further review and replaced at Target Publishers Marketing Group, Inc. discretion.

14.
Distribution - As set forth, all data will be transmitted to email and/or fax listed on the first page of the order form. Any additional email or fax numbers shall be provided by Promoter in writing and sent to:
. Promoter understands and agrees that available marketing data may exceed or not meet promoter’s specified daily volume outlined on page one, section two of the order form. Influencing factors include but not limited to restricted criteria, natural disasters, technical difficulties and holidays. Data transmitted may include interest rates equal to or below requested amount listed in section IV. of the first page of this order form if cash-out or debt consolidation is desired.

15. Independent Contractors - Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into an agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

16. General - No waiver shall be deemed a waiver of any other provision of this Agreement, and no waiver of a breach hereunder shall be deemed a waiver of any other or subsequent breach of this Agreement. In the event of any inconsistency between the Insertion Order and this Agreement, the Agreement shall control and be binding. This Agreement is or, upon execution and delivery thereof, shall be governed by, and construed in accordance with the laws of the country where the respective Target Publishers Marketing Group, Inc. office indicated in the Order Form is located (in the case of the US, Nevada law applies, except for its conflict of laws provisions and the United Nations Convention on the International Sale of Goods). All disputes or controversies shall be settled in the city where the respective Target Publishers Marketing Group, Inc. office indicated in the Order Form (in the case of the US, it shall be OR). These terms and conditions may not be modified except by written amendment by the parties. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force. This Agreement (including the Exhibits, Schedules, documents and instruments referred to herein) constitutes the entire agreement and understanding of the parties hereto and thereto with respect to the subject matter hereof and thereof and supersedes all other prior agreements and understandings, either written or oral, between such parties with respect to any matter contemplated by this Agreement.
 


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