Lead Generation Terms & Conditions

  1. Terms and conditions. All terms and conditions: Shall commence upon clients lead generation purchase. Leads generated are real-time, of an exclusive or semi-exclusive distribution, based on the client’s order preferences, as noted in the Lead Order Criteria order placement. All leads generated are opt-in, and will be provided with a Certificate of Authenticity via the Trusted Form, tracking all points of origin in which the lead was received from, including but not limited too: (website url, Ip address, day & time of lead submission). To learn more about Certificates of Authenticity, please go too: http://activeprospect.com/products/trustedform/ .
  2. Terms of Payment. Advance Payment/Purchase Before Fulfillment: Client(s) agrees too, and must pay Top Agent Marketing Solutions, LLC and/or Provident Partners Mortgage Inc., the total gross amount due for the entire invoice/purchase order and applicable fees, prior to fulfillment of the Lead Generation purchase order. No exceptions.
  3. Method of Advance Payment: The Client shall provide a valid credit card or check and valid billing information to remit the advance payment method. Failure to provide advance payment/valid payment information, will result in a suspended or terminated purchase order until payment is received in success.
  4. Non Payment. Declined Credit Cards/Checks/Wire Transfers: If client’s credit card/check/transfer is declined, then the client’s account with Top Agent Marketing Solutions LLC and/or Provident Partners Mortgage Inc., will be suspended and lead generation services will cease. The Client will owe for any remaining unpaid outstanding balances. Client must provide valid payment credentials in order for the purchase order to commence. Top Agent Marketing Solutions LLC and/or Provident Partners Mortgage Inc., has the sole discretion to terminate upon suspension.
  5. Re-activation. If Client wishes to re-activate their order and/or account, Client must pay all remaining outstanding balances, expenses, costs, including, but not limited to, those under Section 5.
  6. Expenses. Expenses Related to Past Due Payments: In the event that Top Agent Marketing Solutions LLC and/or Provident Partners Mortgage Inc, incurs any expenses related to collection of past due payments owed by Client, Client shall compensate Top Agent Marketing Solutions LLC and/or Provident Partners Mortgage Inc., for such expenses, including, but not limited to, attorneys’ fees.
  7. Return of Leads. All sales are final. No refunds are permitted. Lead exchange is offered in lieu of returns, as described in Section 7. All leads are distributed with a Certificate of Authenticity via the Trusted Forms as described in Section 1 to ensure lead quality and validity.
  8.  Lead Exchange Criteria Terms. In order for a Lead to be considered viable and valid, the Lead must contain ONE (1) form of a qualified point of contact (email OR phone number). The Lead will not be considered viable or valid if the Lead has BOTH an incorrect email AND incorrect phone number. An incorrect phone number alone, or incorrect email alone does NOT deem a Lead as invalid. If Client does not dispute the Lead within 24 hours pursuant to this section, the lead data will be deemed accurate and accepted as such by Client without further right to dispute its accuracy. For avoidance of doubt, Top Agent Marketing Solutions LLC and/or Provident Partners Mortgage Inc., shall have final authority in determining the correct number of payable leads, which shall be deemed final and binding on the parties. Some exceptions may apply.
  9. Lead Exchange Process. Client must submit a return request in the Leadexpress lead data system OR to your Sales/Marketing Consultant within 24 hours of receiving the real-time lead. Each lead exchange submission received by the client will have it’s contact information investigated to confirm the leads validity prior to any lead exchange processes. Lead will then be exchanged only if confirmed invalid. Lead will not be exchanged if valid. No exceptions. This determination will be at the discretion of Top Agent Marketing Solutions, LLC and/or Provident Partners Mortgage Inc., investigation findings. All leads exchanged will be replaced with a lead of equal value as per the Lead Criteria ordered. Top Agent prides itself on the quality of leads produced and delivered and will strive to make certain all leads received are of the highest value for our respective clients.
  10. Lead Data System. If you choose to purchase the use of The Lead Data System software application (desktop & mobile) this is a fee of $10.00 per month (to be added to your lead generation monthly fees). This Lead Data application will compile, calculate, track and deliver to client the data required to determine the number of leads received by client, via the use of a third-party lead management software. In the event Client disputes the Lead Data, Client shall submit a detailed written report within 24 hours of receiving the Lead from Top Agent Marketing Solutions LLC for review and potential exchange if deemed invalid lead.
  11. Delivery of Leads. The specific data fields of Collected Data (as defined below) to be provided to Client are specified in the purchase/invoice order. Top Agent Marketing Solutions LLC and/or Provident Partners Mortgage Inc., makes no representations or warranties as to the quality, accuracy, completeness, reliability or performance of any Collected Data or as to any results from Client’s use of Collected Data. Client acknowledges that in connection with providing Leads, Top Agent Marketing Solutions, LLC and/or Provident Partners Mortgage Inc.,  may correspond or convey information via Internet e-mail and that neither Top Agent nor Client has control over the performance, reliability, availability, or security of Internet e-mail and the Internet. All leads distributed will contain an opt-in format and withhold a Certificate of Authenticity as described in Section 1.
  12. Data Usage: Top Agent Marketing Solutions, LLC and/or Provident Partners Mortgage Inc.,shall own all lead collected data mutually with the purchasing client. As all data is collected and distributed through our proprietary websites, servers and distribution software. Unless otherwise authorized by Top Agent Marketing Solutions, LLC and/or Provident Partners Mortgage Inc., Client will not: (a) use the collected data to retarget a user in any manner other than in the performance of this purchase order; or (b) disclose the details of the collected data to any affiliate or third party for purposes other than marketing client’s own business (c) resell the lead collected data. “Collected Data”.
  13. Lead Privacy: During delivery of an advertisement that identifies or allows identification of Top Agent Marketing Solutions, LLC and/or Provident Partners Mortgage Inc.,  its brand, content, context, users, or Top Agent Marketing Solutions LLC, ’s websites, such as www.TopAgentMarketingSolutions.com, but not limited too, (“Network Websites”); or (a) is entered by users on any Top Agent Marketing Solutions LLC and/or Provident Partners Mortgage Inc., website(s) other than User Volunteered Data (as defined below). (b) Notwithstanding anything to the contrary, Client will not use the Collected Data to determine eligibility for credit or government benefits, or any other “permissible purpose” as defined in Section 604 of the Fair Credit Reporting Act, (“FCRA”), and will not forward the Collected Data to Lead’s servicer or lender, for eligibility determinations; it being agreed that Client shall require mortgage service providers to independently obtain and verify any data used to make such eligibility determination. Further, Client will not hold itself out as, or perform any services as, a “Credit Repair Organization” if they are NOT a Credit Repair Organization; as defined in 15 U.S.C. 1679a(3)(A) with regard to any Lead sent to it from Top Agent Marketing Solutions, LLC and/or Provident Partners Mortgage Inc.
  14. User Volunteered Data. All User Volunteered Data is the property of Client. For purposes of this, “User Volunteered Data” shall mean personally identifiable information collected from individual users by Top Agent Marketing Solutions, LLC and/or Provident Partners Mortgage Inc.,during delivery of an opt in advertisement pursuant to the Insertion Order. Top Agent Marketing Solutions ,LLC and/or Provident Partners Mortgage Inc., shall remain the owner and proprietary interest holder in all collected data throughout the term of this purchase order and beyond.
  15. Privacy Policy. Client will post on its website its privacy policy and adhere to its privacy policy, and such privacy policy will abide by all applicable laws. Failure by Client to continue to post a privacy policy or non-adherence to such privacy policy is grounds for immediate cancellation of this purchase order and corresponding Insertion Order.
  16. Compliance. Top Agent Marketing Solutions, LLC and/or Provident Partners Mortgage Inc., retains the right to seed the User Volunteered Data or the Collected Data provided to Client in order to ensure Client’s compliance with all terms and conditions..
  17. No Alterations. Client agrees that it will not attempt in any way to alter, modify, eliminate, conceal, cookie stuff, traffic steal or otherwise render inoperable or ineffective any Collected Data provided to or obtained from Top Agent Marketing Solutions, LLC and/or Provident Partners Mortgage Inc., that allows measurement of advertisement performance service.
  18. Auto-Renewal. This purchase order shall automatically renew if an auto-renew order, on the date nearest to the 1st or the 15th of the month according to your purchase date, every calendar month billing period. This purchase order shall not renew if it is a one time purchase. Notwithstanding the foregoing, Top Agent Marketing Solutions LLC and/or Provident Partners Mortgage Inc., shall retain the right to terminate this purchase order immediately upon notice to Client.
  19. Auto-Renewal Termination. Client may terminate this auto-renew purchase order upon fifteen (15) business day’s written notice to Top Agent Marketing Solutions LLC and/or Provident Partners Mortgage Inc., to the following recipients; Info@topagentmarketingsolutions.com , Mike@topagentmarketingsolutions.com,. If this purchase has not been previously terminated, this purchase order shall automatically renew for successive 30 day periods equal to the period of the initial term and initial Lead volume/Lead criteria order as set forth in the purchase order.
  20. Non Auto-Renewal Termination. In the event that client wishes to terminate their lead generation order, purchased on a one time purchase basis; this particular event will need to be handled on a case by case basis as to the volume of leads ordered and the time period in which leads were to be received. Some restrictions may apply.
  21. Upon Termination. Following the termination of this purchase order (a) all licenses and rights granted to Client in this purchase order shall terminate immediately and revert back to Top Agent Marketing Solutions LLC, and/or  Provident Partners Mortgage Inc., shall no longer provide Collected Data or Leads to Client proceeding this terminated purchase order; (b) Top Agent Marketing Solutions LLC, and/or Provident Partners Mortgage Inc., shall prepare and submit a “Final Invoice” for Client detailing the costs of the Leads for the last Billing Period(s) and the remaining amount of the Advance Payment, if any, and Client shall pay all sums due under the Final Invoice, if any, upon receipt of the Final Invoice. (c) Upon termination, the Advance Payment will be applied to the outstanding balances of the Client’s account with Top Agent Marketing Solutions LLC, and/or Provident Partners Mortgage Inc., under this invoice/purchase order and including, but not limited to, towards outstanding fees for costs per Lead, associated taxes, processing fees, costs incurred as a result of late payments, and any other costs due and warranted by this purchase order and by law. After satisfaction of all outstanding balances owed by Client under this purchase order are remitted, the termination will be concluded. (d) Upon termination by either party, all lead generation purchased by client in this purchase order will be fulfilled to the client.
  22. Mutual Representations and Warranties. The Parties represent and warrant that: (a) The Parties have all right, power, authority and capacity to enter into this purchase order and perform its obligations hereunder; (b) The Parties are in the business of providing financial services and/or lead generation for financial services and Client further agrees that it will contact each Lead in a prompt, timely and professional manner. (c) The Parties are now, and will continue to be, in full compliance with all local, state, and federal laws, rules, and regulations enforced by the Federal Trade Commission or any other state or federal regulatory agency that has jurisdiction over the Parties business activities, including, without limitation, the Fair and Accurate Credit Transactions Act, the Federal Trade Commission Act, the Federal Trade Commission’s Telemarketing Sales Rule, the Telephone Leads Protection Act, the Gramm-Leach- Bliley Act (also known as the Financial Services Modernization Act of 1999), and any other state or federal laws governing electronic mail messages. (d) The Parties have obtained any and all necessary permits, licenses, or other authorizations required by any law, regulations, or government or regulatory authority for the conduct of their businesses as presently conducted or as may be conducted at the time of purchase.(e)Client is not presently the subject of any investigation or prosecution by the Federal Trade Commission or any other federal or state governmental or regulatory body or agency in connection with its products or services and, to the best of its knowledge, no such investigation or prosecution is threatened.(f) Client has disclosed the existence of any past federal or state decrees, orders, or consent s, and any pending formal or informal government investigations involving Client, its officers, directors, or principals.(g) If it becomes involved or named in any action, investigation, complaint, or other proceeding by or before any governmental or regulatory authority, or any private party, Client will immediately provide notice to Top Agent Marketing Solutions LLC, and/or Provident Partners Mortgage Inc., of such action, investigation, complaint or other proceeding, in which event Top Agent Marketing Solutions LLC, and/or Provident Partners Mortgage Inc., may terminate this purchase order immediately and without notice to Client. It is Top Agent Marketing Solutions LLC, ’s and/or Provident Partners Mortgage Inc.’s,  policy to comply and cooperate with investigations and other proceedings.(h) The Client will comply with all eligibility criteria, standards and requirements for purchasers of Leads, as amended from time to time, including, but not limited to this Privacy Policy and all Terms and Conditions.
  23. Advertising Materials. All of the client’s Advertising Materials and Multi-media will be of a legal and ethical nature. All web sites, or other media properties containing Advertising Material shall: (a) Not infringe upon the personal rights, intellectual property rights, or copyrights of any person or entity; (b) Not contain racially discriminatory or hate-mongering content; (c) Not contain gratuitous violence, obscenity, or profanity; (d) Not contain material that is defamatory or libelous; (e) Not promote any illegal activity including but not limited to the promotion of gambling, illegal substances, software piracy, or hacking; (f) Not spoof, or redirect, traffic to or from any adult-oriented web sites or any other sites not under the control of Client; users to click on an advertisement, with incentives including, without limitation, rewards or gifts of cash, points, prizes, “free” items, or contest entries.
  24. Mutual Indemnification. The Parties agree to indemnify, defend, and hold each other harmless from and against any and all liability, loss, damages, claims or causes of action (“Claims”), including reasonable legal fees and expenses, arising out of or related to: (a) their respective breach of the foregoing representations and warranties by either Party or its employees, agents, directors, or contractors; (b) any third-party claim arising from use of or access to any Advertising Material produced pursuant to this purchase order; (c) any action, omission, misrepresentation or the gross negligence or willful misconduct of that Party or of any of its employees, agents, directors, or contractors; or (d) The Party’s noncompliance with governmental laws or regulations.
  25. Indemnification Procedures. The indemnified party(s) will promptly notify the indemnifying party of all Claims of which it becomes aware (provided that a failure or delay in providing such notice will not relieve the indemnifying party’s obligations except to the extent such party is prejudiced by such failure or delay), and will: (a) provide reasonable cooperation to the indemnifying party at the indemnifying party’s expense in connection with the defense or settlement of all Claims; and (b) be entitled to participate at its own expense in the defense of all Claims. The indemnified party(s) agrees that the indemnifying party will have sole and exclusive control over the defense and settlement of all Claims; provided, however, the indemnifying party will not acquiesce to any judgment or enter into any settlement, either of which imposes any obligation or liability on an indemnified party(s) without its prior written consent.
  26. Disclaimer. Except as expressly set forth in these terms and conditions, neither party makes any representations or warranties, express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from course of dealing or course of performance or any other warranty regarding quality, accuracy, completedness, reliability or performance. In addition, Top Agent Marketing Solutions, LLC, and/or Provident Partners Mortgage Inc., makes no representation that the operation of lead generation website(s) or services will be uninterrupted or error-free, and shall not be liable for the consequences or any interruptions or errors.
  27. Limitation of Liability. Top Agent Marketing Solutions, LLC’s and/or Provident Partners Mortgage Inc., services and software are provided on an ‘as is’ and ‘as available’ basis. Aggregate liability (or the aggregate liability of any of its representatives, agents, employees, members, managers, officers, directors, successors or assigns) to the client and/or any third party, whether such liability arises out of or related to this purchase order for any consequential incidental, indirect, exemplary, special or punitive damages, including any damages for business interruption, loss of use, data, revenue or profit, and whether such liability arises out of breach of terms and conditions, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not the client was advised of the possibility of such damages, shall in no event exceed the total of six (6) months of the contract amount payable by client to Top Agent Marketing Solutions LLC and/or Provident Partners Mortgage Inc. Pursuant to this purchase order, in the six (6) month period preceding the event giving rise to the claim. The liability provisions of this purchase order shall survive its expiration or termination until all claims contemplated by these provisions are full, finally and absolutely barred by the applicable statute of limitations.
  28. Confidentiality. As used herein, “Confidential Information” shall mean: either party’s proprietary information marked or designated by either party as confidential; otherwise disclosed by either party in a manner consistent with its confidential nature; trade secrets of either party; the terms and conditions of this purchase order; or either party’s information that is conveyed to the other party, whether or not in written form and whether or not designated as confidential, that is known, or should reasonably be known, by the other party to be treated as confidential. Confidential Information will not include any information that; is or subsequently becomes publicly available without a breach of any obligation of confidentially owed to a party under this purchase order’s terms and conditions or by any third party; was already known to a party prior to the other party’s disclosure of such information so long as such information already known to a party can be substantiated by third party data or documentation; became known to a party from a source other than the other party and other than by a breach of an obligation of confidentiality owed to the party by such source and confirmation is verifiable with third party; or is independently developed by a party so long as documentation is available to verify such independent development.
  29. Non-Disclosure. The parties acknowledge that, in this lead generation purchase invoice/order, under one party (“Protected Party”) may disclose Confidential Information to the other party (“Receiving Party”).Therefore, the Receiving Party agrees that it will make no disclosure of the Protected Party’s Confidential Information without obtaining the Protected Party’s prior written consent. Additionally, the Receiving Party will restrict disclosure of Confidential Information to its employee(s), authorized agent(s) and/or independent contractors to whom disclosure is reasonably required, and such employee(s), authorized agent(s) and/or independent contractor(s) shall be explicitly bound by these confidentiality obligations. Each party will take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information of a similar nature, to keep confidential the Confidential Information.
  30. No Other Rights. No information contained in these terms and conditions shall be construed as granting or conferring rights by license or otherwise in any Confidential Information disclosed under these terms and conditions.
  31. Arbitration. (a) Dispute Resolution. In the event that good faith negotiation between the parties fails, any controversy, claim or dispute between Top Agent Marketing Solutions LLC, and/or Provident Partners Mortgage Inc., and Client arising out of, in connection with, or in relation to the interpretation, validity, performance or breach of these terms and conditions shall be resolved by binding arbitration in the State of Arizona. (b) Arbitration Procedures. Arbitration shall be conducted in accordance with the Arbitration Rules of ADR Services, Inc. (“ADR”) in effect at the time the claim is made, and a judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. Such arbitration shall be filed with ADR and heard by one arbitrator in the State of Arizona. The arbitrator shall be a retired judge. The arbitrator shall apply, as applicable, federal or Arizona substantive law and law of remedies. All discovery shall be conducted in accordance with the Arizona Rules of Civil Procedure. The arbitrator’s remedial authority shall be no greater than that which is available under the statutory or common law theory asserted. The arbitrator shall issue a written opinion that includes the factual and legal basis for any decision and award. Top Agent Marketing Solutions LLC, and/or Provident Partners Mortgage Inc., Client and the arbitrator shall treat all arbitration proceedings— including any decision, award and opinion in support thereof—as confidential, and the arbitrator shall issue such orders as are reasonably necessary to maintain such confidentiality. The arbitrator shall award the substantially prevailing party its reasonable attorneys’ fees and costs, in connection with such arbitration, in addition to any other remedies allowed by law or in equity. The ADR Rules for Arbitration can be found at the following URL: <http://www.adrservices.org/pdf/ADR%20ARBITRA TION%20RULES%20(5)%20update%207-14- 10.pdf>
  32. General Provisions. (a) Relationship of Parties. The parties shall at all times be independent contractors with respect to each other in carrying out this purchase order and nothing herein renders them partners, joint venturers, employer and employee, or agent to the other party. Each of the parties shall be solely responsible for its own employees in connection with performance under this purchase order, and all salary, wages, and benefits owed thereto. (b) Assignment. Client may not assign, transfer or delegate this purchase order, or its rights, duties, obligations, or licenses granted to it under this purchase order, without the prior written consent of Top Agent Marketing Solutions LLC. Both Parties agree that Top Agent Marketing Solutions LLC, and/or Provident Partners Mortgage Inc., has the right to assign its rights, duties, and obligations, or the licenses granted to it under this purchase order upon written notice to the Client. (c) Notices. All notices required by this lead generation invoice/purchase order shall be in writing and deemed to have been effectively given and received: five (5) business days after the date of mailing; when transmitted by email to the below email address for Top Agent Marketing Solutions LLC, or when delivered personally or sent by express courier service. Notices shall be addressed as follows: Top Agent Marketing Solutions LLC : 15230 N. 75th Street, Suite 1000, Scottsdale, AZ 85260
Attn: Mr. Mike Phillips
Email: Mike@topagentmarketingsolutions.com and Info@topagentmarketingsolutions.com
  33. Force Majeure. Excluding payment obligations, neither party shall be liable for delay or failure to perform any of its obligations hereunder to the extent that such delay or failure arises from any cause beyond that party’s reasonable control. Performance times shall be considered extended for a period of time equal to the time lost because of such delay or failure. A party affected by force majeure shall promptly advise the other of the circumstances and shall seek to mitigate the impact of the force majeure as promptly as possible.
  34. Entire Terms & Conditions. This purchase order is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding the subject matter.
  35. Governing Law; Venue. This invoice/purchase order and it’s terms and conditions shall be: TOP AGENT MARKETING SOLUTIONS, LLC By: Mike Phillips, Title: President and/or PROVIDENT PARTNERS MORTGAGE INC. By: William Spain, Title: Mortgage Broker governed by and construed in accordance with the laws of the State of Arizona without giving effect to principles of conflicts law.
  36. Consultation with Attorney. Each Party represents that it has had the opportunity to consult with an attorney, and has carefully read and understands the scope and effect of the provisions of these terms and conditions. Neither Party has relied upon any representations nor statements made by the other Party hereto which are not specifically set forth in these terms and conditions.
  37. Survival. All sections of these terms and conditions shall survive the termination or expiration of this purchase order.
  38. Our Commitment to Privacy. Top Agent Marketing Solutions LLC, and/or Provident Partners Mortgage Inc., respects the importance of applicant information security and personal privacy. Further,  is committed to handling an applicant’s information in a secure environment. Therefore, we have made it a critical focus to protect the confidentiality and security of the personal information you provide us. This Privacy Policy discloses the privacy practices of Top Agent Marketing Solutions LLC, an Arizona limited liability company and/or Provident Partners Mortgage Inc. and its affiliates and subsidiaries, (collectively “Top Agent Marketing Solutions LLC, ”, “Provident Partners Mortgage Inc”, “we”, “us”, “our”, or “Company”) and governs the use of our website(s), or other Company products and services (collectively, the “Services”) by users of the Services (“you” or “your” ). We have created this Privacy Policy to inform you about what information we collect, how we use and share your information, and our privacy practices. *Privacy policies may be subject to change.
  39. The Information We Collect: Opt-in and/or Voluntary Submissions (a) We may collect two types of information: Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII). (b)PII- PII is information that identifies a specific user of the Services and is provided by the user. (c) Non-PII: Non-PII is information that identifies your computer and its navigational patterns through the Services (but not a specific user).
  40. Legal Compliance: We also reserve the right to disclose your information in good faith as required by law, in response to legal process including law enforcement requests, and with any person or entity that may acquire all or any part of our business or assets, in connection with any change in control of us, and where needed to prevent fraud and to protect the safety, property, or legal rights of users of the Services or our affiliates.
  41. Lead Generation Platforms: Our lead generation platforms and sites use short forms which enable you to be collectively matched with one or more companies and companies short forms within our network. In order to be contacted, an user/applicant must complete a financial services request by completing an application located on one of our sites.
  42. Website User Short Forms Agreement. Users agree to share their information with Secure Rights and up to 4 of its Premier Partners and for them to be contacted (including through automated means; e.g. autodialing, text and pre-recorded messaging) via telephone, mobile device (including SMS and MMS) and/or email, even if the telephone number is currently listed on any state, federal or corporate Do Not Call list. To participate in this service without authorizing the use of an automated dialer, please call (877) 897-0614. Secure Rights Privacy Policy. Secure Rights Licenses. A company may utilize an applicant’s information submitted at one of our Sites. In addition, a company may use this information to evaluate an applicant’s eligibility, process an application or initiate and close a transaction. Many companies have proprietary privacy policies regarding dissemination of personal information.
  43.  Licensed Organizations. Licensed organizations are subject to Federal and State laws and regulations for their practices. We have no direct control over information handling practices within our network. However, we require companies within our network to refrain from disclosing confidential consumer information to third parties that are not affiliated with the application process.

*All terms and conditions apply to all purchases.