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Terms and Conditions
Please read our lead terms & conditions below -
(Revised May 2, 2006)
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 866-339-1950 x102 or via email at
leads@targetpublishers.com. 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: 6107 SW Murray Blvd., #280, Beaverton, OR,
97008.
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 Beaverton, 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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