PRESET APPOINTMENT SERVICE TERMS AND CONDITIONS
THE PARTIES - This agreement between Marketing Resources (the “Seller” or “We”) and_______________________________________, individually, and in his or her capacity as_________________________representing_________________________,
(the “Buyer”, “Agent”, or “You”) hereby agree to be bound by and adhere to the Terms and Conditions contained in this Agreement. Please read these Terms and Conditions carefully. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the services provided, in any form, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by this Agreement whether you are acting on your own behalf, on behalf of a business entity in which you have an ownership position or hold a corporate office, or on behalf of a third party, including another end user.
EXCHANGE OF VALUE - The parties make this Agreement in consideration of the exchange of benefits, services, and payment defined and specified herein. Marketing Resources agrees to provide the Buyer with appointment making services designed to allow the Buyer to propose insurance products to individuals whom have responded to solicitations for insurance related products. The parties may agree on the exchange, for payment, on other items and media on written terms mutually acceptable.
LIMITATION OF SERVICE - Any appointment developed on your behalf by Marketing Resources must be from a lead developed by Marketing Resources that you have not previously contacted. You agree that you will pay Marketing Resources a service fee of ten dollars ($10) to contact any lead that you have previously contacted. Said service fee will be credited towards any other fee for an appointment sit or sale from that lead.
YOUR RESPONSIBITIES - You must provide us, by email at the address we specify; with a copy of each lead you would like us to set an appointment for.
You agree to provide Marketing Resources with a schedule (Click HERE to access the Schedule Format) of days and times for the following fourteen (14) days for which you would like appointments made on your behalf at the time you order our services, and you further agree to email Marketing Resources, at an email address specified by Marketing Resources, an updated schedule (Click HERE to access the Schedule Format) of available times and dates for the period beginning Saturday and ending Friday for the following two (2) weeks no later than 5PM CST Friday, each week. You agree that your failure to provide Marketing Resources with an updated schedule as specified could result in a service fee, suspension of service, or a termination of your account.
You agree that appointments will set for a thirty (30) minute “window”. This means the prospect will be told you will arrive between 6:00 and 6:30 PM, or between 7:30 and 8:00 PM.
You agree NOT TO CONTACT THE LEAD, FOR ANY REASON, once the appointment has been made for you. If you are unable to make the appointment during the thirty (30) minute window established, you are to telephone Marketing Resources no later than 4 PM CST on the day the appointment is scheduled.
You agree to contact us by telephone NO LATER THAN the beginning of the designated appointment time if you believe you will be unable to arrive at the designated place within the thirty (30) minute window provided.
You agree to be at the appointment on time, prepared to make a presentation and overcome the normal objections you would expect to hear when asking for a sale. You also agree to be interviewed by a qualified representative of Marketing Resources during the service ordering process to be assessed as to your closing ability.
You agree to call us FROM THE PROSPECT’S TELEPHONE if you arrive at the designated place and time and find that one or more of the buying parties are unavailable.
You agree to IMMEDIATELY call us from the closest available phone if you are unable to gain entrance to the prospect’s home.
If we schedule four (4) or more appointments for you within the same four (4) hour period and you cannot arrive at one of them on time, we will not charge you for a sit if you have made at least one sale from that group.
You agree not to contact or visit a prospect again, and inform them of the same, if you have not taken an application for insurance during your presentation from the appointment we set for you, or made a firm date and time to return to take such an application.
You agree to provide us a report (Click HERE to access the Report Format) of the specific results of each appointment including any contact, or inability to contact, second appointment or sale for each lead no later than the following business day. Such report shall include the last name, day, date, time, and zip code of the appointment.
You agree that it is human nature for some individuals to refrain from answering the telephone if they do not recognize the name or telephone number that appears on their Caller I D screen. We will attempt to call each lead on at least four (4) different days and, if we can not make contact with a human being in that household during those calls, we will return the lead to you so that you may make personal contact with that prospect in order to provide us an alternate telephone number or make the appointment yourself.
FEE STRUCTURE
Appointment that sits (you make a presentation) $15
Appointment where a sale is made $25
Failure to provide an updated schedule as described above
$25 (per week)
Failure to provide an appointment report as described above $10 (per appt.)
TERMS AND CONDITIONS
You will be charged for an appointment “sit” if you make a presentation but do not make a sale, or a specified date and time to visit the prospect again for the purpose of completing the sale.
You will be charged for an appointment “sale” if you make a presentation and take an application for an insurance product.
A “sit*” is considered an appointment that you make a sales presentation (offer product information or rates to) of any type to one or more of the prospects associated with the mortgage; an appointment where the prospects associated with the mortgage where available at the time and place the appointment was set for and you did not arrive on time; an appointment where you contacted the one of the prospects associated with the mortgage AFTER the appointment was made.
*If we schedule four (4) or more appointments for you within the same four (4) hour period and you cannot arrive at one of them on time, we will not charge you for a sit if you have made at least one sale from that group.
A “sale” is considered an appointment that you make a sales presentation (offer product information or rates to) of any type to one or more of the prospects associated with the mortgage and; an application for an insurance product is developed; an objection that is described and covered in the Marketing Resources’ Sales System is provided by the prospect and the agent was not properly prepared to overcome it; the agent agreed to contact or re visit the prospects associated with the mortgage, or agree to allow the prospect to contact the agent, at a later time without setting a specified time and date to return complete the transaction.
"On time" will be considered arriving no earlier than the beginning of the window and no later than the end of the window.
A “prospect” or “buying party” is considered a participant in the applicable mortgage, or someone WE have identified as a decision maker in the buying process.
You agree to leave funds in the amount of One Hundred Dollars ($100) on deposit with us for each ten (10) leads or lesser amount you provide us to set appointments for you in order compensate us for our services.
The Buyer agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that Marketing Resources may change its minimum pricing at any time. Marketing Resources may provide the Buyer with a specific price or rate schedule, lasting a specific or limited time period, in a document separate from this Agreement. NO REFUND FOR SERVICES PROVIDED will be made outside of any guarantee signed by the parties. If you dispute any charge made under this Agreement, you must notify Marketing Resources IN WRITING within sixty (60) days of any such charge; failure to so notify Marketing Resources shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Marketing Resources. No other measurements or statistics of any kind shall be accepted by Marketing Resources or have any effect under this Agreement.
In no event shall Marketing Resources or any Partner be liable for any act or omission, or any event directly or indirectly resulting from any act or omission of the Buyer, Partner, or any third parties (if any). Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.
You represent and warrant that (a) all of the information provided by you to Marketing Resources to enter in this Agreement is correct and current; (b) you will not violate any criminal laws or third party rights giving rise to civil liability, including but not limited to trademark rights; or (c) encourage conduct that would violate any criminal or civil law. You further represent and warrant that any insurance or other activity involving the services provided by Marketing Resources (i) complies with all laws and regulations in any state where the results of Marketing Resources’ services are used; (ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) is not false, misleading, defamatory, libelous, slanderous or threatening.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the spirit of this Agreement, and the remaining terms and provisions will remain in full force and effect.
This Agreement shall be construed and controlled by the laws of the State of South Dakota. In the event Marketing Resources relocates or incorporates in a different state, then the laws of that state shall be controlling. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of South Dakota., without regard to its conflict of laws principles. In the event Marketing Resources relocates or incorporates in a different state, then the laws of that state shall be controlling. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Sioux Falls with the exception of relocation, as stated herein, in which case Marketing Resources will provide in writing the new city of jurisdiction. Any claim against Marketing Resources arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
The parties hereby stipulate that any legal dispute arising from this Agreement shall be decided by an arbitration service to be chosen by Marketing Resources that services the city described in the Choice of Law section above should either party choose arbitration by notifying the other, in writing at their last known address, of that choice. The non prevailing party agrees to pay all expenses incurred by the prevailing party in developing and presenting their case, any damages or other relief awarded by the fact finder, and any other damages that may be established in this Agreement. By their signatures below, individually and on behalf of any others they legally represent, the parties hereby stipulate to this legal remedy and KNOWINGLY WAIVE their right to alternative legal remedies.
Marketing Resources may at any time, in its sole discretion, terminate this Agreement upon fourteen (14) days notice. Marketing Resources will notify the Buyer via email and/or written notice of any such termination or cancellation, which shall be effective on the date specified. The Buyer may cancel and/or terminate this Agreement with or without cause at any time on seven (7) days notice from the date said notice is received in writing by Marketing Resources. Upon termination for any reason, (i) you shall remain liable for any amount due for services already provided but not yet paid for, said amount being immediately due and payable.
Any decision made by Marketing Resources under this Agreement shall be final. Marketing Resources shall have no liability for any such decision. The Buyer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Marketing Resources resulting from a breach of this Agreement, in collecting unpaid amounts under this Agreement, or the Buyer’s attempt to recover any amount paid to Marketing Resources in a manner not provided for in this Agreement or any separate guarantee agreement. The Buyer agrees that acceptance of this Agreement on Marketing Resources’ web site shall have the same validity as a signed paper copy. This constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties.
This Agreement shall be construed as if both parties jointly wrote it.
THE BUYER ACKNOWLEDGES THAT THE BUYER HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. THE BUYER HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND IS NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH OR REFERED TO IN THIS AGREEMENT.
Your SCHEDULE/REPORT Form MUST be sent to the email address below. IT WILL NOT BE ACCEPTED at any other address.
