This Affiliate Protocoll Agreement (“Agreement”) sets forth the terms and conditions pursuant to which  Foreclosurehelpdesk.com/Foreclosurehotline.com  (hereinafter “Referral Partner”) may refer to_____________________________________________________( hereinafter “Affiliate Consultant”) qualifying leads for the provision of “legal” or “non-legal” services to prospective customers who may request such services through its nationwide website. By clicking  the “I Accept” button or signing below, Affiliate represents and warrants that the acceptor or signer of the Agreement has the requisite authority to bind the Affiliate to this Agreement, which shall be effective upon the parties as of the date of such acceptance or signing (“Effective Date”).

 

1. General Description. Referral Partner owns and operates nationwide online marketing company known as www.foreclosurehelpdesk.com (Foreclosrehelpdesk.com/Foreclosurehotline.com) targeted at real property owners in the United States who may need and request foreclosure or foreclosure related services through its website. Referral Partner shall refer any and all such customer(s) requesting for “legal” or “non-legal” services or assistance to the Affiliate for property located in the zipcode(s) identified below on limited exclusive basis. Affiliate agrees to pay Referral Partner a referral fee stated herein and application form for submitting qualifying leads which result in the sale of or provision of Affiliate services to customer(s) reffered to said Affiliate in accordance with the terms set forth in this Agreement.

 

2. Lead Registration and Acceptance.

 

2.1          Lead Registration.  To create a qualifying lead eligible for a referral fee, Referral Partner shall register leads with or introduce Affiliate to Referral Partner’s customer by sending such customer request(s) to the Affiliate through the fax number or email provided below or in the application form. The customer request shall contain customers contact telephone number and/or emai address together with the location of the property in question and brief description of the services or assistance needed in such form as determined by Referral partner.

 

2.2 Lead Acceptance. Following receipt of the customer service request form(CSR-FORM), Affiliate shall review the lead and immediately contact  the prospective customer to obtain all details necessary to determine the cost and scope of its serivecs. If after contact with prospective customer, Affiliate decides not to engage or provide services, it shall inform the Referral Partner within five(5)business days of such referral by sending copy of the customer request Form back to the Referral Partner with signed notation “NO ENGAGEMENT” VIA THE FAX NUMBER AND EMAIL ADDRESS PROVIDED BELOW.  If there is “NO ENGAGEMENT”, Affiliate shall not pay Referral Partner for such referral. If however the Affiliate decides to accept the referral and to provide services to the propsective customer, it shall also inform the Referral partner within 10business days by sending back the Customer Service Request Form with the signed notation “ENGAGED” AND SHALL PAY REFERRAL FEES AS SET FORTH in section________below. If Affiliate fails to send back the CSR-FORM as stated, Referral Partner is entitled and shall be paid by Affiliate in accordance to section________.

 

2.3          Conditions for Lead Acceptance or Rejection.  Acceptance or  rejection of any submitted lead is at the sole discretion of the Affiliate. Affiliateshalll be under no obligation to accept any proposed lead submitted by Referral Partner and may reject or decline to accept any lead for any commercially reasonable reason as it may determined , including that:

 

(i)        the proposed lead was an existing customer of the Affiliate or of any of its affiliates (as defined below) at the time of submission of the proposed lead;

 

(ii)       Affiliate or any of its affiliates was already involved in discussions relating to the subject matter of the proposed lead at the time of submission of the proposed lead;

 

(iii)     the proposed lead has previously been submitted to Affiliate or any of its affiliates by Referral Partner or by any other third party;

 

(iv)      the proposed lead (a) does not meet Affiliates’s  requirements, (b) is on a list of restricted or prohibited parties issued by the government of the United States or any other jurisdiction, or (c) is located in a country that is subject to a United States trade embargo or that is deemed a terrorist supporting country by the United States Government; or

 

(v)       the proposed lead is located in an area in which another Affiliate of Referral Partner or any of its affiliates has an exclusive arrangement for the  Services subscriptions or which Affiliate is otherwise prohibited by agreement or law from accepting.

 

2.4 Affiliate Warranty of Competence. In accepting to engage and provide its services to customers in the prospective lead, Affiliate warrants and attest that it has the requisite professional competence and training to provide said services as required under law and by professional standards. Affiliate agrees and understand that it shall set the price, terms and conditions of its services with the prospective lead and collect any and all payments consequent thereto.  Affiliate agrees and understands that the provision of services is the sole responsibility of the Affiliate and the role of the Referral partner is limited to generation and submission of the lead(s) to the Affiliate. 

 

2.5 Exclusivity. Referral Partner shall send and submit each CSR-FORM it received from its PROSPECTIVE customers, constituting qualifying lead(s) with property located in the following state and zipcode(s) exclusively to the Affiliate up to a combined maximum total of ten(10) leads or properties  per month. The State and ZIPCODE(S) are;

STATE____________________________. TYPE OF LEAD TO BE REGISTERED: ___LEGAL OR___NON-LEGAL  

ZIPCODE(S);

(a)_______________________________.

(b)_______________________________.

( c )______________________________.

 

3. Referral Fee.  

 

3.1          Fee. The charges for Referral partners services are as follows. A one time set up charge of Fifty dollars ($50.00), plus a monthly maintenance fee of $15.00 per.  ZipCode.   Exclusivity for each Zipcode attracts a monthly maintenance fee of $1.00 per 5,000residents  according to recent U.S census data. Set up fee shall be paid upon application. Maintenace fee may be paid yearly or monthly on or before the 3^rd day of the beginning of each month. In addition to the monthly charges, Affiliate shall as referral Commission pay, Referral Partner (a) an amount equal to 10% of the gross amount charged or made as profit collected by Affiliate from leads registered by Referral Partner which are acknowledged in writing by Affiliate pursuant to section_________of this Agreement. This Referral Commission is due and payable to Referral partner by Affiliate within five(5) days of receipt payment of such fee or profit (or for such longer period as may be authorized pursuant to Section 2.1 above). Or (b), an amount as determined by Referral Partner, equivalent to fifty (50%) percent of fees charged or profit made  from each prospective lead Affiliate engaged or provided services to but failed to inform Referral Partner, pursuant to section__________  of this Agreement. This payment is due immediately upon Referral partners determination.

 

3.2          Eligibility.  All prospectivve leads registered with Affiliate is eligible for payment of fees and referral Commission wether upon this Agreement or renewals thereof. Affiliates shall remit all payments due under this Agreement to Referral Partner by way of cashiers checks, certified checks or money orders, without set off, or deduction of any taxes whatsoever. All Payments are final and to be mailed to address provided herein.

 

3.3 Taxes.  Referral Partner and Affiliate shall each be solely responsible to report and pay all taxes and other costs levied against the referral fee or its operations and received in whole or in part as compensation for its services rendered. Affiliate is solely responsible for any billing and collection activities with end-user Customers from the prospective lead(s).

 

4. Dispute Resolution. In the event of any dispute or claim against either party arising out of this agreement, the parties agree to settle such dispute peacefully, without litigation and solely by way of mediation in accordance with applicable mediation or arbitration rules of the American Bar Association or equivalent mediation body, sitting in Houston, Texas. Judgment entered may be executed in any Court of appropriate jurisdiction.

 

5. Term and Termination; Post-termination Fees.  This Agreement shall expire in the event Referral Partner has not registered a lead for six consecutive months. Either party may terminate this Referral Agreement with written notice to the other at any time. Termination by either party to this Agreement shall not affect Affiliates’s obligation to pay referral fees or charges for all and any outstanding registered lead(s) prior to the termination date.
6. General.  

 

6.1          Restrictions; Disclaimer. Affiliateshall not use Referral Partner’s marketing materials or trademarks without prior written authorization in each case. The Affiliate Services shall be provided to customers from the prospective lead solely pursuant to a services agreement between Affiliate and the prospective customer(s). REFERRAL PARTNER MAKES NO REPRESENTATIONS OR WARRANTIES TO AFFILIATE, ITS LEADS OR THE INFORMATION CONTAINED IN THE CUSTOMER SERVICE REQUEST FORM(CSR-FORM) used as a registration instrument for each qualifying lead submitted to Affiliate, INCLUDING ANY EXPRESS OR IMPLED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE/SERVICE OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. REFERRAL PARTNER SHALL NOT BE LIABILE FOR ANY SPECIAL OR INCIDENTIAL DAMAGES THAT MAY ARISE UNDER THIS AGREEMENT, OR BETWEEN AFFILIATE AND CUSTOMER(S) FROM ANY QUALIFYING LEAD AND IN NO EVENT SHALL REFERRAL PARTNER’S LIABILITY EXCEED THE AMOUNT OF THE REFERRAL FEE RECEIVED BY REFERRAL PARTNER FOR THE REGISTERED TRANSACTION/LEAD.

 

6.2          Relationship of the Parties.  This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties, notwithstanding its use of the term “partner.” OR “Affiliate”. Partner refers to Affiliate as “Consultant” or “Specialist” FOR  LEGAL OR NON-LEGAL SERVICES for expressive purposes only. There are no third-party beneficiaries to this Agreement. Affiliate shall not assign any rights or obligations under this Agreement without Referral Partner’s prior written consent.

 

6.3          Contracting Parties; Governing Law.  The Contracting parties to this Agreement are Foreclosurehelpdesk.com/Foreclosurehotline.com ( hereinafter referred to as “Referral Partner” and ___________________________, referred herein as “Affiliate; jointly as “parties” and sevrally as “party”. Thia Agreement shall be governed by and interpreted in accordance with the Laws of Texas. If any part of this Agreement is severed, voided or deemed illegal or unenforceable, then the remaining part shall constitute a valid Agreement.

 

6.4Notices and Entirety. This constitutes the Entire Agreement between the parties. No part of this Agreement shall be amended unless by a writing signed by signatory parties. All notices and electronic exchanges between parties shall be sent by and among the parties in accordance with the information and addresses provided below;

 

• IF TO “REFERRAL PARTNER” TO: Foreclosurehelpdesk.com, P.O.Box 572503, Houston, Texas, 77257, USA. Phone:__________________. Fax_____________________. Email____________________________.

Attn:______________________________________________________________________________.

 

• IF TO “AFFILIATE” TO:_________________________________________________________________.

___________________________________________________________________________________.

Phone:____________________.Fax:________________________Email:________________________.

 

 

 

 

                Signed and Executed this____________________day of____________, 20________.

 

 

BY: “Referral Partner”                                                                         BY:          “ Affiliate”

FORECLOSUREHELPDESK.COM                         

 

 

__________________________________.                                               _______________________________.

Name & Title of Officer                                                                      Name & Title of Officer