Business Hub Lead Contract

BUSINESS HUB LEAD CONTRACT

Service Provider:   Address:

Client Name:   Address:

RECITALS

WHEREAS, Service Provider operates a lead generation and qualification platform branded as Business Hub and possesses channels, processes and personnel for identifying prospective customers for Client's business; and

WHEREAS, Client desires to engage Service Provider to provide commercial leads under the terms and conditions set forth in this Contract and Service Provider is willing to provide such leads in accordance with this Contract.

SCOPE OF WORK

Service Provider shall generate, qualify, and deliver sales leads to Client in accordance with the criteria and delivery schedule set forth below. Leads shall be delivered electronically to Client's designated contact and in the file format agreed in writing.

PAYMENT TERMS

Client shall pay Service Provider for accepted leads as follows:

Late payments shall incur interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, calculated from the original invoice due date until paid in full.

LEAD ACCEPTANCE, REJECTION AND QUALITY

Client shall have a period of from receipt of each lead to review and reject a lead for material nonconformity with the agreed acceptance criteria. If Client fails to provide written rejection with supporting evidence within that period, the lead will be deemed accepted and payment will be due in accordance with the Payment Terms.

Service Provider will exercise commercially reasonable efforts to ensure leads are lawfully obtained and compliant with applicable marketing and privacy laws. Service Provider does not warrant conversion rates or sales results.

TERM AND TERMINATION

This Contract commences on Effective Date: and shall continue until End Date: unless earlier terminated as provided herein.

Either party may terminate this Contract for convenience upon written notice delivered at least days prior to the intended termination date. Either party may terminate for material breach if such breach is not cured within days after written notice specifying the breach.

CONFIDENTIALITY

"Confidential Information" means non-public information disclosed by one party to the other that is designated confidential or that reasonably should be understood to be confidential given the nature of the information. Confidential Information does not include information that is or becomes publicly available without the receiving party's breach of this Contract, was lawfully in the receiving party's possession prior to disclosure, or is independently developed.

The receiving party shall: (a) use the Confidential Information solely to perform its obligations under this Contract; (b) restrict disclosure to employees and contractors who have a need to know and who are bound by confidentiality obligations no less restrictive than this Contract; and (c) take reasonable measures to protect the confidentiality of such information. Upon termination, the receiving party shall cease use of and return or destroy Confidential Information as requested.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Each party shall indemnify, defend and hold harmless the other party from and against third-party claims arising from the indemnifying party's gross negligence or willful misconduct, breach of this Contract, or violation of law. The indemnifying party shall control the defense and settlement of any such claim, provided that the indemnified party may participate at its own expense.

EXCEPT FOR LIABILITY ARISING FROM A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INDEMNIFICATION OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. EXCEPT FOR THE FOREGOING, EACH PARTY'S AGGREGATE LIABILITY UNDER THIS CONTRACT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CLIENT TO SERVICE PROVIDER IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

COMPLIANCE

Each party shall comply with applicable laws and regulations in the performance of this Contract, including laws governing marketing, telecommunication, and data privacy. Service Provider shall not supply leads obtained in violation of applicable law.

GOVERNING LAW

This Contract shall be governed by and construed in accordance with the laws of the jurisdiction specified: without regard to its conflicts of law principles.

ENTIRE AGREEMENT; AMENDMENT

This Contract, including any exhibits or schedules expressly incorporated herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements and understandings. No modification shall be effective unless made in a written instrument signed by authorized representatives of both parties.

NOTICES

All notices under this Contract shall be in writing and delivered to the contact information provided below. Notices are effective upon receipt.

MISCELLANEOUS

If any provision of this Contract is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Contract without the other party's prior written consent, except that Service Provider may assign to an affiliate or in connection with a sale of substantially all of its assets.

Sign Now