VIEWS: 4 PAGES: 2 POSTED ON: 1/10/2012
Client ID Number Date: MORTGAGE LOAN LEAD INSERTION ORDER/AGREEMENT RTK Media Sales Contact Client Account Contact Contact: Rich Nolan Contact: Title: President Company: Telephone: (719) 522-0377 Telephone: Fax: (720) 306-3745 Fax: Email email@example.com Email: 8190 Avens Circle, Colorado Address: Springs, CO 80920 Address: Client Technology Contact Client Billing Contact Contact: Contact: Cell Phone: Company: Telephone: Telephone: Fax: Fax: Email: Email: Address: Address: Campaign Notes Lead Delivery email Address if Applicable. Term: Prepaid - Max 10% Return Rate Loan Type Credit Rating Delinquency Status Days of the Week Refinance Excellent Current Sunday Refinance-Cash Out Good 30 Days Monday Second Mortgage Fair 60 Days Tuesday Debt Consolidation Poor 90 Days Wednesday Home Equity Line Thursday Home Improvement Exclusivity Friday Purchase Exclusive Saturday Non-Exclusive 1st Mtg Rate Type Property Type Lead Flow Caps Fixed Rate SFR Daily Cap: Adjustable Rate Condominium Town Home Monthly Cap: Multi-Family (Long Form Orders Only) Total Cap: Min Loan Amt: Min Prop Val: Price Per Lead LTV Range: to Special Requests: 1/10/2012 7:49:31 AM b5b5db03-fbbf-4168-b6fc-d528f71a8570.doc Page 1 of 2 States AL AK AZ AR CA CO CT DE DC FL GA HI IA ID IN IL KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY The following is an agreement entered into between RTK Media, Inc. (hereinafter referred to as “RTK”) and the above mentioned Client (hereinafter referred to as “Client”), and both parties agree to the terms as set forth herein. Offer Details: Cost per lead is defined as Mortgage Loan Leads published on RTK’s sites which are posted to Client in real-time. Client will provide the posting instructions. Client must approve a test lead prior to setting the campaign live. Only leads from the US are accepted. Incentivized traffic is not permitted. Payout is denoted in the Insertion Order details noted above. The price per lead is already negotiated in lieu of returns at a rate of 10% assumed invalid leads. Description of Service: RTK has developed an internet marketing strategy designed to generate internet click-throughs, leads, and/or sales and a guaranteed percentage of sales is not expressly implied. RTK and Client acknowledge that RTK’s sole obligation is to deliver impressions, slotting, click-throughs, leads, or sales to the Client’s web site or lead management system depending on what the Client is purchasing in this Insertion Order, RTK may generate sales or leads via banners, pop-ups, and opt-in e-mails. All leads must be generated in a non-incentivized manner. RTK agrees to hold Client and its Clients as the sole recipient of its generated leads. RTK agrees that in holding leads as exclusive, said leads may not be sold or redistributed to any other Client. All billing will be based off RTK’s calculations as provided by RTK’s tracking technologies according to the rates as noted above. If RTK is going to be advertising via email, RTK agrees to adhere to the rules and regulations set forth in the “Certification of Compliance with CAN-SPAM Act of 2003,” including but not limited to utilizing accurate subject lines that do not in any way mislead the consumer and a working opt out process. Returns: Price has been calculated with an assumed 10% return rate, and returns will not be accepted. RTK agrees that if bad leads exceed 10% of delivered leads, that Client can terminate contract immediately and final payment will be negotiated based on valid leads delivered. Indemnity: Client and RTK will assume sole liability for their own actions taken in generating and receiving said leads, and will not hold each other accountable in any manner regarding their methods and will indemnify each other for their actions and all losses, damages or liabilities resulting from their failure to adhere to industry standards and any applicable canons of ethics, including any liabilities resulting from claims made by consumers alleging violation of federal or state laws regarding solicitation and or commercial contact with a consumer. The indemnification based on the conduct of Client and RTK shall not be limited to willful acts, bad faith or gross negligence. RTK is acting solely as agent for Client who is ultimately liable hereunder. Payment and Payment Liability: Client shall pay RTK according to the rate and terms listed above. Client agrees to remit payments on the terms listed above from the date of invoice. Invoices will be emailed to Client Billing Contact noted above. Client acknowledges and agrees that RTK is acting solely as agent for the Client who is ultimately liable hereunder. This agreement shall be construed in accordance with the standard terms and conditions of the IAB. General: This Agreement is governed, controlled, interpreted and defined by and under the laws of the state of Colorado and the United States of America, without regard to the conflicts of laws provisions thereof. Any litigation arising under this Agreement will be brought in the federal or state courts of Colorado, El Paso County. Any waiver, amendment or other modification of any provision of this Agreement will be effective only if in writing and signed by RTK and Client. This Agreement may be transmitted by facsimile and both parties will still be bound by terms herein. The parties may terminate the Agreement by exchanging fax signatures. Either party can terminate the agreement by providing written notice of termination upon completion of 48 hours. This Agreement, including all exhibits, constitutes the entire agreement between the parties with respect to the subject matter to this Agreement, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. IN WITNESS WHEREOF, the parties, through their authorized officers, have affixed their signatures to this Agreement, causing it to be executed as of the first date indicated below. Client Signature: RTK Signature: Client Name (Typed): RTK Name (Typed): Richard P. Nolan Client Title: RTK Title: President Client Signature Date: RTK Signature Date: . 1/10/2012 7:49:31 AM b5b5db03-fbbf-4168-b6fc-d528f71a8570.doc Page 2 of 2
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