PAY AT CLOSE LEAD PROGRAM - Success Fee Agreement
This Lead Generation Commission Agreement ("Agreement") is entered into as of [Effective/Start Date _________________________ ] by and between:
1. Parties
“Client”:
Company Name _________________________________________________________________
Authorized Representative Name/Title _____________________________________________
Address _________________________________________________________________________
Phone Number _______________________________ Email _____________________________________
Lead Generator: Roofing Leads Pro, LLC, ("Lead Generator", “Company”).
Your access to, use of, or participation in this Program (as defined below) is subject to this Lead Generation Agreement (“Agreement”). This Agreement constitutes a legally binding contract between the company you represent, and Roofing Leads Pro (“Company”).
All references to “you” or “your” or “client” as applicable, mean the contractor who accesses, uses, and/or participates in the Program in any manner. If you use the Program on behalf of a company, you represent and warrant that you have the authority to bind that company, your acceptance of the Agreement will be deemed an acceptance by that company, and “you”, “your” or “Client” shall herein refer to that company.
2. Purpose
The purpose of this Agreement is to define the terms under which the Lead Generator will provide leads related to roofing and other home improvement services to the Client, including the conditions for compensation based on those leads.
3. Scope of Services
Lead Generation: The Lead Generator agrees to provide the Client with qualified roofing/home improvement leads.
Lead Criteria: Leads must be for potential customers interested in roofing and related services. Each lead must include the following information: Services required, insurance or customer pay, if insurance name of insurance company and claim number, the property address, homeowner name, home phone (if available), mobile phone (if available), and email address (if available).
Delivery Method: Leads will be delivered via email or placed in Client’s account online at roofingleadspro.com.
4. Commission and Payment Terms
Success Fee: The Client agrees to pay the Lead Generator $125 from each lead that converts into a project/job with a value of over $1,000.
Job/Project Start Reporting: The Client will notify Roofing Leads Pro withing 3 calendar days of the contract being signed and provide lead name, address, and contract amount.
Payment Schedule: Success Fee payments will be due within 7 calendar days of the Client receiving their invoice.
Payment Method: Payments will be made via bank transfer, check or credit card.
5. Lead Qualification and Conversion
Lead Validation: The Lead Generator will ensure that leads are qualified and meet the criteria outlined in this Agreement.
Conversion Tracking: The Client will track lead conversion and provide the Lead Generator with a report of converted leads when requested.
6. Obligations of the Client
• You represent, warrant, covenant and agree that up will contact the Lead in a timely manor;
• You possess all applicable state and local licensing, registration, permits, insurance, bonding, or other trade requirements to provide service for the Project described in the Lead;
• You are willing and able to complete the work described in the Lead to the Customer’s satisfaction at the Customer’s location;
• You will abide by all applicable federal, state, or local laws, rules, and regulations, including but not limited to the Telephone Consumer Protection Act;
• You have full power, authority, and legal capacity to execute and deliver this Agreement;
• Indemnification by Contractor
• You will not share the lead information with any third parties that are not directly associated with your company.
You hereby agree to indemnify, defend and hold harmless Company and its Affiliates and their respective directors, managers, officers, stockholders, employees, agents, and insurers (“Company Indemnitees”) from and against any and all claims, demands, actions, losses, expenses, damages, liabilities, costs (including, without limitation, interest, penalties and attorneys’ fees) and/or judgments incurred or suffered by any of the Company Indemnitees that result from or arise out of, directly or indirectly, (i) your breach of any terms of this Agreement; (ii) your sale of any products to Customers or provision of or failure to perform services for any Customers or any other persons; (iii) your failure or refusal to honor any quote made to a Customer; (iv) your breach of any terms of Service Contract with Customer; (v) any negligence or willful misconduct by you; (vi) any allegation or finding that Company is acting as a general contractor or other professional contractor (e.g., construction, plumbing, roofing, electrical, etc.); or (vii) any non-compliance or alleged non-compliance by you with any such laws.
“Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
7. Confidentiality and Data Protection
Confidentiality: Both parties agree to keep all lead data and any related proprietary information confidential and to not disclose it to third parties without prior written consent.
Data Protection: Both parties agree to comply with applicable data protection laws and regulations, including GDPR and CCPA, and to handle all data securely.
8. Term and Termination
Term: This Agreement will commence on [Start Date] and will continue until terminated in accordance with this Agreement.
Termination: Either party may terminate this Agreement with 1 days written notice. Upon termination, the Lead Generator will cease providing leads.
9. Limitation of Liability
Neither party will be liable for any indirect, incidental, or consequential damages arising out of this Agreement. The total liability of either party for any claims related to this Agreement will not exceed the total compensation paid or payable under this Agreement.
10. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of New York.
11. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior agreements and understandings, whether written or oral.
12. Amendments
Any amendments or modifications to this Agreement must be made in writing and signed by both parties.
13. Dispute Resolution
In the event of any dispute arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through informal negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation or binding arbitration in accordance with the rules of American Arbitration Association (AAA).