Marketing Success on the Internet! Lead Generation Program For Lenders: Lead Generation Program: Operating Agreement

 Operating Agreement

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Mortgage-X Lead Generation Program (the "Program"). As used in this Agreement, "we" means Mortgage-X, and "you" means the applicant.

Enrollment in the Program To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application and will notify you of your acceptance in a timely manner.

Term of the Agreement Your participation in the Program will begin upon our acceptance of your Program application and will end when terminated by either party. 

Leads As used in the Agreement, the term "Lead" means a Loan Request, submitted by potential borrowers via our web site and delivered to participants via fax or e-mail. Each lead is sent to no more than five (5) participants.

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.

Delivery of the Leads We will be responsible for sorting out and delivering to you leads, submitted via our web site, 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.

Use of the Leads 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 with no refund.

Participants All participating lenders must be Equal Housing Lenders and be duly licensed or authorized to make loans in each state they chose to receive leads from. All participants agree to disclose their license numbers upon request.

Fees You agree to pay a lead generation fee of $6.00 for each "qualified" lead delivered to you by e-mail ($6.20 if delivered by fax). The "non-qualified" leads are either duplicates (the leads from the same person sent to you more than once) or leads with incorrect contact information (i.e. providing no way to contact the prospect). The lead generation fee is established by us and may change. If the fee changes we will send a change notice to all Program participants and post it on our site.

Payment Leads are ordered and paid in advance. You may order any number of leads at any time via our web site. All payments credited to your account on, or after, 1/1/2005 are non-refundable.

Initial Order You will choose how many leads you'd like to buy initially when completing the online application form. The minimum amount we require to be placed in an account to start receiving leads is $90.00 ($93.00 if the leads are delivered by fax).

Reorders Minimum for reorders is $300.00.

Opening an Account Once your payment is received, we will open an account for you. You will be given a username and password and have the ability to access your account, view your account balance, make changes to your information, modify your lead requirements, add/remove states, etc. You shall be responsible for the confidentiality and use of your username and password. You agree that we may rely on any notice, instruction or request furnished to us using your username and password which is reasonably believed by us to be genuine. 

Your Account Lead generation fees will be deducted from your account. You will be notified by e-mail when your account reaches a credit balance of $60.00, and you'll have the opportunity to renew your order. If your account falls to $0.00 we will send you another notice and put a hold on the leads to you until payment is received. No other notices will be required. 

Inactive Accounts Accounts that have no activity for 12 days with balances from $0.00 to $5.00 are considered to be inactive. If your account has no activity within the last 12 days, your online access may be temporarily disabled. Accounts with no activity for 3 months with balances of $0.00 will be closed.

Closing an Account and Termination of Participation Either you or we may terminate your participation at any time, with or without cause, by giving the other party written notice of termination. Closing an account will not affect rights and obligations of either party incurred prior to the date the account is closed.

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. 

Representations and Warranties
You hereby represent and warrant to us as follows:

a. 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.

b. 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.

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.

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 Nevada, 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.

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.

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