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  My Local Leads, LLC Service Agreement  
     
 

Customer desires to use, and My Local Leads, LLC (“My Local Leads”) desires to provide to Customer, subject to the terms and conditions set forth in the Agreement, the services described on the Order Form (the “Services). The following terms: the Order Form, any Change Order and the Terms of Use available at www.my-local-leads.com are collectively referred to as the “Agreement”. This Agreement becomes effective on the date My Local Leads receives an executed version of the Order Form (the “Effective Date”). In consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Customer and My Local Leads agree to the following terms and conditions that shall apply to Customer’s use of the Services and to any content submitted by Customer hereunder (the “Customer Content”).


 
 
 
 
     
     
     
     
 
The Process. My Local Leads will create advertisements (the online ads), based on the Customer Content. The Launch Date is the date the ads go live and are being distributed over the search engine (and other media) advertising channels
   
Landing Page, Template Site and Custom Site. The Services may include a Landing Page Site, a Template Site or a Custom Site (the “Site”). My Local Leads will register and administer the site URL on behalf of the Customer, and the site URL cannot be used, reproduced, or copied by or on behalf of the Customer without My Local Leads’ prior written consent. Upon termination, the URL will be transferred to the Customer upon the Customer’s request.
 
Ownership. The Customer owns the Customer Content, and the Customer agrees that the Content will be accurate information about the Customer’s business that does not violate the rights of any third party. My Local Leads has the right to exclude any Customer from the Site and/or the Ads. My Local Leads owns any content or technology it provides to the Customer. My Local Leads may use any data generated from visits to the Site and may disclose this data for any purpose on an anonymous basis; provided that My Local Leads does not own the leads generated through the Site and will not sell or redistribute those leads without the Customer’s written consent.
   
License. The Customer hereby grants My Local Leads a non-exclusive, worldwide, transferable right and license to (a) use, reproduce, distribute, modify, perform and display the Customer Content (or any part thereof) in connection with providing the Services, (b) to use the Customer’s name and logo in connection with the online ads (and other media), (c) distribute the online ads (and other media) over the distribution channels and (d) list, represent, register or establish accounts in connection with distribution of the ads. My Local Leads will not be liable for any failure to provide the Services due to technological failure or any cause outside the control of My Local Leads. Customer shall have absolutely no recourse against My Local  Leads or its designees for any alleged or actual infringement of Customer’s proprietary rights by third parties or for loss or harm due to unauthorized use of the ads by third parties. 
   
Payment. The Customer will pay My Local Leads the amount due under this agreement, including the amount(s) set forth in the Order Form, and the Customer hereby authorizes My Local Leads to charge the credit card or other payment method provided. The Setup Fee and the first month’s Ad Budget and Monthly Management Fees are due, and will be charged, on the Effective Date. All amounts due are automatically charged in advance. Any balance of the Customer’s advertising budget left over at the end of the month will be rolled over into the next month. If charges incurred for clicks or other distribution of ads equal or exceed the Customer’s monthly Ad Budget, then the ads will stop running for the rest of that month. Customer will pay My Local Leads and if My Local Leads does not receive payment in a timely manner, My Local Leads has the right to demand all amounts due. If the Customer fails to make payment upon My Local Leads’ demand, Customer will reimburse My Local Leads for all charges and fees My Local Leads incurs in collecting payment.
   
Money Back Guarantee. My Local Leads’ services come with a money back guarantee. The customer is guaranteed a positive Return on Investment (ROI) while doing business with My Local Leads. In general, ROI is calculated by taking the gain from an investment minus the cost of the investment divided by the cost of the investment. Expressed as an equation, it looks like this:

ROI = (Gain from Investment – Cost of Investment)
Cost of Investment

 
 
     
 
In order to determine the Customer’s ROI, certain information must be gathered from the Customer. Customer agrees to provide such information truthfully and, if found later to have given false information to My Local Leads for the purpose of manipulating the ROI, Customer agrees to reimburse My Local Leads for all refunded fees. Customer will provide the following information to My Local Leads:
  • Lifetime Value of a Client (LVC). This is the total Gross Profit (GP) expected from a client of the Customer over the entire business relationship between the Customer and their client. It is NOT the Gross Profit from only one transaction between the Customer and their client. For the purpose of service businesses, “Gross Profit” and “Sales” will be inter-changeable.
  • Estimated Close Rate (ECR). This ratio is the amount of leads expected to be “closed” (i.e. converted to sales) by the Customer divided by the total number of leads provided for the month to the Customer by My Local Leads. It is expressed as a percentage, as in 5 leads closed out of 10 leads provided = 5/10 or 50 %.  This number may change over time as a result of real (rather than estimated) data being collected by the Customer. If the close rate changes, Customer agrees to notify My Local Leads of said change in writing by email, letter or fax.
 
 
 
   
     
 
The ROI is determined by taking the total amount of leads (TL) provided to the Customer by My Local Leads for the given month and multiplying this total by the estimated close rate (ECR). The result of this is the Estimated Number of Sales procured as the result of the marketing efforts of My Local Leads. The Estimated Number of Sales is then multiplied by the Lifetime Value of the Client (LVC), resulting in the Lifetime Value of the Sales (LVS) for the month. The Monthly Ad Spend is then subtracted from the Lifetime Value of Sales and the result is divided by the Monthly Ad Spend to give the ROI, or Return on Investment. Expressed as an equation, ROI looks like this:    
(Lifetime Value of Sales – Monthly Ad Spend) = Return on Investment (ROI)
Monthly Ad Spend
 
 
 
 
   
     
 

My Local Leads guarantees to its customers that their overall ROI will be a positive number. If it is not, the customer is entitled to (at their discretion) demand a refund. To procure a refund, the Customer must request a refund in writing by mail, email or fax.  The refund amount will be calculated by taking the initial Set-Up Fee, plus the total Monthly Ad Spend (MAS) and subtracting the Lifetime Value of Sales (LVS- see above for definition and calculation) from that number (MAS). The result of this calculation shall be the amount of the refund. If the result of this equation is negative, meaning the total Lifetime Value of Sales is Greater than the sum total of the total monthly ad spend and the set-up fee combined; there will be no refund. The reason the design fee is not used in determining ROI is because the customer owns their website content and My Local Leads will transfer the domain and hosting to their name upon the severance of the relationship. Because the client will end up with the website, it is only fair that they pay for the design.

 

 
 
 

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