By submitting The Advisor Connection Firm Registration, the person or entity named in the Form ("the Company") agrees to the following Terms and Conditions. These Terms and Conditions, together with the Order Form, comprise the entire agreement ("Agreement") between the Company and The Advisor Connection ("The Advisor Connection").
1. Candidate Profiles
1.1 Partner Database. The Advisor Connection authorizes the inclusion of vendors in its firms database, accessible to SeriesLeads.com users through SeriesLeads.com, its world wide web site ("the Web Site"), in accordance with these Terms and Conditions. By submitting the Order Form, the Company requests that The Advisor Connection include information about the Company (an "Entry") in its firm database.
1.2 Entry Contents. The Entry will consist of the information provided to The Advisor Connection on the Order Form. The Company agrees to provide true, accurate, current, and complete information about the company's business as prompted in the registration process. Failure to provide such information will result in The Advisor Connection denying, suspending, or terminating the Company's Service.
By submitting the attached Order Form, the Company grants permission for The Advisor Connection to electronically display the Company name to individuals who submit a Candidate Profile on the Web Site and who are matched to the Company and for whom the Company is sent the lead. The Company will promptly inform The Advisor Connection of any changes in factual information contained in the Order Form. Requested changes to the Order Form will be subject to approval by The Advisor Connection. Approved changes will be applied prospectively and in no case will be retroactive. The Advisor Connection reserves the right to change the style, form, content and appearance of the Web Site at any time.
1.3 Listing Service The information the Company provides will be displayed to individuals submitting a Candidate Profile who match to the Company and for whom the Company is sent a lead. The Company has the option to opt-out of having the Listing. The Advisor Connection reserves the right to independently review and approve the Listing and reserves the right to refuse any Listing request or to cancel any Listing for any reason at any time. The Advisor Connection will be bound by these Terms and Conditions only if it agrees to publish the Listing and in fact electronically publishes the Listing.
The Company will promptly inform The Advisor Connection of any changes in factual information contained in the Listing. The Listing and any changes thereto will be subject to approval by The Advisor Connection. Approved changes will be made according to The Advisor Connection's regular update schedule and will be applied prospectively and in no case will be retroactive.
1.4 Candidate Profiles. After inclusion of the Entry in the firm database, The Advisor Connection will send you via e-mail any matching Candidate Profiles made through the Web Site. We will send you only requests from candidates who match your profile, as listed in this Order Form. The Candidate Profile will contain the following contact information for that customer: name, city, state, and phone number. The Company agrees to respond to every Candidate Profile within three (3) business days. The Company agrees not to distribute or re-sell Candidate Profiles to any third party, without express written permission from The Advisor Connection. The Advisor Connection is not responsible for any failure to receive the Candidate Profiles due to spam filters, address-book filters, filters imposed by internet service providers, or failure on the part of the Company's email servers or internet service provider to deliver the Candidate Profiles. The Company shall contact the customer and use the Candidate Profile only for purposes directly related to the Candidate Profile.
1.5 Use of The Advisor Connection Name and Logo. The Company is permitted to use The Advisor Connection name only for purposes of identifying to the customer where the Candidate Profile originated. The Company has no right to use the The Advisor Connection name, logo, or other intellectual property for any other purpose. The Company will not say anything to the candidate or any third party to suggest that it is acting on behalf of The Advisor Connection or that The Advisor Connection has approved of or endorsed its products or services.
2. Fees
2.1 Fees. The Advisor Connection will separately charge the Company for any Candidate Profile Fees, if applicable, on a monthly basis for Candidate Profiles sent to the Company. The Advisor Connection is not responsible for any failure to receive the Candidate Profiles due to spam filters, address-book filters, filters imposed by internet service providers, or failure on the part of the Company's email servers or internet service provider to deliver the Candidate Profiles. All Fees shall be paid to The Advisor Connection via check. All statements will be sent directly via email at a date on or about the 10th of the following month. Payment is due within 14 days of receipt. If you have any questions regarding charges to your account, you must notify The Advisor Connection immediately. The Advisor Connection will charge the Company an annual fee for participation in this program. The first such fee will be charged upon registration.
2.2 Credit Procedure. At The Advisor Connection's sole discretion, the Company's account may be credited for a Candidate Profile Fee previously charged to the Company's account for any Candidate Profile that: (a) is not submitted by a business customer; (b) is submitted by a competitor; (c) is not submitted for a product or service category specified in the Order Form; (d) is submitted outside the service territory specified on the Order Form; or (e) is delivered to the Company more than two (2) business days after the request was submitted. In order to be eligible to receive a credit for any Candidate Profile for which the company believes it is entitled to receive a credit based on the above criteria, the Company's account with The Advisor Connection must be current (i.e. no "past due" balances or outstanding invoices), The Company must request a credit by sending an email to credit@seriesleads.com within ten (10) days of receipt of the lead. Once you reach the credit request web-site page you will be asked to enter the your name, company name, e-mail address where leads are sent, the lead #, the reason for the credit request, the grounds for believing that the Candidate Profile meets the above criteria and any additional information that may help support the credit request. You will receive an e-mail confirming that your request for credit has been received and then a follow-up e-mail within two (2) business days with the findings of your request. The Advisor Connection reserves the right to contact the customer submitting the Candidate Profile and, if it determines that the Candidate Profile satisfies one of the criteria listed above, will credit the Company's account.
2.3 Credit Issuance. Requests for credit that are submitted during the month in which the Candidate Profile was generated, and that are approved for credit by The Advisor Connection during that month, will be processed immediately and neither your credit card or debit card will be charged. Requests for credit that are submitted after the month in which the Candidate Profile was generated, and that are approved by The Advisor Connection, will be credited in the following month's Billing Statement.
2.4 Nonpayment. In the event of non-payment, The Advisor Connection reserves the right to suspend or terminate the Company's account until such charges are paid. The Company agrees to pay all collection and/or court costs incurred by The Advisor Connection in its effort to collect any unpaid balance due to The Advisor Connection if The Advisor Connection refers Company's account to collection or to an attorney, subject to the laws governing these transactions.
3. Term
The effective date of this agreement is the date of activation of the Company's account. The Company may terminate this Agreement at any time after sixty (60) days from the effective date of this Agreement by providing prior written notice of intent to terminate to The Advisor Connection at closeaccount@seriesleads.com. Within three (3) business days of receipt of such notice, The Advisor Connection will close the Company's account, will send an invoice for any outstanding Fees, and will send the Company a final statement. Any requests for credits pursuant to paragraph 2.2 of this Agreement must be submitted within one (1) business day of the Company's notice of intent to terminate.
4. Representations and Warranties
The Company represents and warrants that: (1) all of the information provided to The Advisor Connection is truthful and not misleading, fraudulent, defamatory, libelous, threatening, harassing, or obscene; (2) the Company is authorized to provide the services and products set forth in the Order Form; (3) the Company has the right to use each copyright, trademark, trade name, service mark, graphic, photograph, or any other intellectual property in the way it is used under this Agreement; and (4) any advertising copy and any linked advertising comply with all applicable laws and regulations.
5. Indemnification
The Company agrees to pay any damages or expenses incurred by The Advisor Connection, including all attorneys' fees and expenses, resulting from claims brought by other parties regarding the inclusion of the Entry, or as a result of a breach of these Terms and Conditions. This provision shall survive the Term of this Agreement.
6. Disclaimers
6.1 Warranties. The Advisor Connection makes no express or implied warranties, representations, or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to the Web Site, any merchandise, information, or services provided through the Web Site, or the accuracy or results obtained from the use of any information or services provided through the Web Site.
6.2 The Advisor Connection is a Conduit. The Advisor Connection is not involved in any actual transactions between firms and candidates through SeriesLeads.com. Thus, The Advisor Connection has no control over the ability of firms to hire candidates. Because user authentication on the Internet is difficult, The Advisor Connection cannot and does not guarantee that each candidate is who they profess or claim to be. If there is a problem with any candidate we provide you, please request a credit pursuant to paragraph 2.2 of this Agreement. Candidates and Firms will be able to communicate directly with each other. In the event the Company has a dispute with one or more candidates, the Company releases The Advisor Connection and its agents and employees from any claims, demands, and/or damages arising out of or in any way connected with that dispute.
7. Limitation of Liability
IN NO EVENT WILL THE ADVISOR CONNECTION OR ITS AGENTS BE LIABLE FOR ANY DAMAGES CAUSED BY ANY ON-LINE SERVICE, QUOTE PROVIDED BY COMPANY TO A BUYER, TRANSMISSION, COMMUNICATIONS, OR COMPUTER SYSTEM FAILURE. IN NO EVENT WILL THE ADVISOR CONNECTION OR ITS AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR DATA OR THE COST OF OTHER FORMS OF ADVERTISING. IN NO EVENT WILL THE TOTAL LIABILITY OF THE ADVISOR CONNECTION EXCEED THE AMOUNT OF FEES PAID UNDER THIS AGREEMENT FOR THE PRIOR TWELVE (12) MONTH PERIOD.
8. Miscellaneous
The Advisor Connection does not approve of, or endorse, any product or service by electronically publishing the Listing. The Advisor Connection may publish Listings for any other person at any time, except as expressly set forth in the attached Order Form. The Advisor Connection reserves the right to change the style, form, content and appearance of the Web Site at any time. The Company and The Advisor Connection are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. These Terms and Conditions shall be governed by and interpreted according to the laws of the State of New Jersey. If any provision of this Agreement shall be declared void or unenforceable by any judicial or administrative authority, the validity of any other provisions and of the entire Agreement shall not be affected thereby. No waiver of any default in performance of this Agreement by either party, or waiver of any breach or a series of breaches of any of the terms, covenants or conditions of this Agreement shall constitute a waiver of any subsequent breach or a waiver of such terms, covenants or conditions. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. These Terms and Conditions, the Order Form, and the Listing Form describe the entire Agreement between The Advisor Connection and the Company and supersede any other verbal or written agreements regarding the subject matter of this Agreement. This Agreement shall survive any change in ownership on the part of the Company.