Last Changed: January 26th 2012
Enrollment in the Program: To begin the enrollment process, You submit a complete Program application via our Site. We evaluate your application and will notify You of your acceptance in a timely manner. Once You are accepted to the Program this Agreement is effective immediately.
Term of the Agreement: Your participation in the Program will begin upon our acceptance of your Program application.
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. A termination will not affect rights and obligations of either party incurred prior to the termination date.
Leads: As used in the Agreement, the term "Lead" means an eBay leads. eBay leads are inquiries from people and business (Customers) that are looking for a trading assistant to sell their items on eBay.
All Leads come with name, zip code, phone number and/or email address and basic item description.
Leads are exclusive, i.e. each Lead is sent to no more than one (1) Lead Buyer.
You understand that the Leads are NOT a commitment to use your service. Leads are Customer's request to be contacted by an eBay trading assistant to consider their trading assistant service.
Lead Requirements: As a Lead Buyer You can specify Lead requirements. We will only transmit Leads that meet your requirements. You specify Lead requirements when You submit a complete Program application via our Site.
Geographically Targeted Leads: We will transmit only geographically qualified Leads to You. This means that the items to be sold on eBay will be located in the geographic zone that You specify. As the Lead Buyer, You can specify the geography of Leads that You accept.
Lead Categories: As a Lead Buyer You can specify what type of products You do not sell on eBay. We will then not transmit such Leads to You.
Number of Leads: You can specify the maximum number of Leads that you would like to receive per week. If the maximum number of Leads is not specified You will receive the maximum number of Leads that We can allocate to You.
Delivery of the Leads: We will be responsible for sorting out and delivering to You Leads in accordance with your Lead requirements and this Agreement. Leads will be sent to the e-mail address You provide when You submit a complete Program application via our Site. We agree to send You Leads in a timely fashion to avoid stale Leads. No Lead that You will receive will be older than 48 hours.
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 or any information contained in the Lead (e.g. name, email and/or phone number) to any other person or entity except within your trading assistant organization.
You agree to use the private information contained in a Lead only to inquire whether the person or business who submitted the Leads would like to utilize your eBay trading assistant service. Unless the person or business who submitted the Lead agrees to use your service You agree not to email or call the Lead after 30 days of receiving the Lead.
You agree to reply to the Leads within 72 hours of receiving the Lead. You agree to send the Lead an email introducing your service in this 72 hour time period. Also You agree to call the Lead within this 72 hour time period.
Lead Buyer Requirements: By participating in this Program, You agree that You fulfill the following requirements.
- You have completed at least 100 selling
transactions on eBay.
- You answer all inquiries from potential buyers in a timely and thorough fashion.
- You accept PayPal payments.
- You pay sellers promptly after the sale of their items.
- You offer a pickup service for people and businesses that submit Leads.
- You handle all packaging and shipping of items professionally.
- You charge a sales commission not exceeding 45%.
- You adhere to eBay's user agreement for Trading Assistants.
- You have all business licenses to perform the services of a trading assistant.
- You sign a contract with the people or business utilizing your service.
Price Per Lead: The price per lead will be communicated in writing. It will be set before You start receiving Leads. It can be changed by communicating the changes in writing. You agree to pay this standard price per Lead for each Lead delivered to You by e-mail.
If You choose not to accept certain Leads (for example, furniture, appliances, difficult to ship items, eBayMotor items, real estate or clothes) the price per Lead may vary. Also if You desire only certain kind of Leads (only eBayMotor Leads, real estate Leads or time-share Leads) the price per Lead may vary. In such case the price per Lead will be communicated in writing to You prior to accepting your Program application. You then have the right to withdraw your application in case You do not accept the communicated non-standard price per Lead.
Replacement Leads: A "Replacement Lead" is a Lead that You receive free of charge. You are entitled to receive a Replacement Lead for up to 50% of the Leads you purchase. You can apply for a Replacement Lead when the following conditions apply.
Duplicate Leads: If You receive a Lead
from the same person or business within 30 days then You will receive a
Invalid Contact Information: If a Lead contains incorrect contact information (i.e. providing no way to contact the prospect, i.e. invalid email and phone number) then You will receive a replacement Lead.
Illegal Item to Sell on eBay: In case that a Lead contains only items that are illegal to sell on eBay then You will receive a replacement Lead.
Lead Outside Your Geographic Boundary: In case a Lead is outside the geographic zone You specified when You submitted your Program application then You will receive a replacement Lead. The distance between your zip code and the Leads zip code will be measured according to http://maps.google.com/
Lead Value Below $500: In case the items specified in a Lead have an expected eBay value that is clearly below $500 You can apply for a replacement Lead.
Lead Not Submitted By Seller: If a Lead is for a customer who is subsequently proven be a victim of identity theft then You will receive a replacement Lead.
Lead Does Not Meet Your Specifications: If a Lead does not meet the restrictions You specified during your Program application then You will receive a replacement Lead.
Any Other Reason: If for any reason You believe that You should be entitled to receive a replacement Lead please let us know and We will evaluate your request on a case by case basis.
Replacements shall not be provided for Leads where Sellers have elected not to use your trading assistant service. You hereby agree to notify us via email of any Leads that You believe should be replaced within fifteen (15) days of receiving the Lead. Your application for replacement shall specify the invalidation criteria. Following our confirmation of any invalid Leads, We shall provide You with a replacement Lead.
We reserve the right to monitor, validate, either electronically or by physical contact to the consumer, your disputes and return to determine their validity. We reserve the right to verify your dispute rational and in our sole discretion, determine if your dispute is valid.
Payment: Lead Generator will invoice Lead Buyer periodically. Lead Buyer agrees to pay invoice in-full within five business days of receiving it. Accounts with overdue invoices will be immediately deactivated. The fee to reactivate an account is $25. All invoices shall be paid in U.S. Dollars or in such other currency as agreed to in writing by the parties.
Payments shall be made to Lead Generator's Pay Pal account. The Pay Pal account name is: MarketingPayment@gmail.com
Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). You are responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees We incurs collecting late amounts. If a late payment has occurred Lead Generator reserves the right to ask Lead Buyer for a prepayment of expected charges for Leads delivered during a 15 day period.
Business Licenses: By applying to the Program Lead Buyer warrants having all required business licenses and permits to service Leads and perform trading assistant services.
State and Federal Do Not Call Laws:
Despite our efforts to ensure our Leads are within Do-Not-Call
legal guidelines, We cannot legally stand in your place and absolve You from
your responsibility to be in compliance with the law. State and federal
Do-Not-Call registries exist to prevent unsolicited telemarketing
calls, not calls from persons who have asked to be contacted. Under
Federal rules (and most all states), "
exist to allow a individual or a business to expressly grant permission to be contacted even though they have registered their phone number with a state or federal Do-Not-Call registry. An individual or business submitting a Lead via the internet to SellingRequest.com is granting permission to be contacted and under safe harbor rules they may be contacted up to 90 days after they submitted the permissive contact request. We, along with those affiliates contracted with us, take extraordinary steps to ensure the individual or business knows and understands that by submitting their request to be contacted by an eBay trading assistant they are granting express permission to be contacted by one trading assistant signed up with us, even if they are registered on a Do-Not-Call registry. Finally We record the date, time for all Leads received by us and can make such data available to You should You need to show when and from where permission to be contacted occurred. NEVERTHELESS, and despite our extraordinary efforts, current law holds You, the caller (telemarketer) responsible to comply with the Do-Not-Call rules. THEREFORE, if You are unsure about your exposure to fines under the Do-Not-Call laws, We recommend that You work with your independent counsel to develop and implement a compliance plan for your business.
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 collect
information from prospective Customers via our web sites 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 Customer.
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 You paid to us within one calendar month.
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. At any point in time You can find the current Terms & Conditions for eBay Trading Assistants enrolled in our Program at http://www.SellingRequest.com/TA_TermsAndConditions.html. 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 Florida, 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.