Trial Leads Agreement


THIS AGREEMENT is entered into on April 14, 2021  by and between Pilates Web Co, (hereinafter referred to as “Spark Factory”), having its principal offices located at 501 Cambria Avenue, Suite 224, Bensalem, PA 19020 and the client,  (hereinafter referred to as “Client or Customer”)   with the address of  

Consent for electronic signature - The parties herein agree to electronic signatures to execute this agreement online with either written or drawn signatures. 

Independent Contractor - The client is engaging Spark Factory as an independent contractor to generate exclusive leads. 

Effective Date - This Agreement shall be effective as of the time Customer signs up for a trial of ten (10) leads at the rate of $100 each, with a one-time total of $1000.00 USD. No renewals are included in this agreement, this is a one-time trial. 

General Terms: 

New Lead -
is a new curated lead entered into our system. 
Hot Lead - is a lead that has responded to texts, emails and phone calls.
Booking Requested - is when the lead requested an appointment (Spark Factory does not book appointments, but rather assists the client with automation). It is the clients responsibility to book an appointment and qualify the lead. 

 Customer Responsibilities – For the purposes of providing these services, Customer agrees:

1. To contact the leads as soon as possible. It is recommended within 5 minutes of the lead requesting information.

2. To offer an aggressive opportunity for the end-user, e.g. $1000.00 cash-back after install or six (6) months of free electricity.  

3. The client understands that no ad copy will be shared. Copying such ad copy will torturously interfere with Spark Factory trade secrets. 

Spark Factory Responsibilities - 

1. Spark Factory will curate leads via Social Media and send such leads to its CRM (customer relationship manager). The CRM will  allocate a phone number with the area code of the customer's choosing. Such phone number will be used for all communication through its CRM. The CRM will auto respond to leads via text, email & phone. Providing the client the ability to manage the leads generated through its mobile app & desktop (computer) access. The CRM provides automation which helps mitigate human-capital burn-out, meaning the CRM assists with follow-ups of new leads generated and helps to nurture leads from the 'New Lead' stage to the 'Hot Lead' stage. 

2. Lead nurturing will run for 3 weeks to educate the lead until the lead responds (hot lead stage). At such point Spark Factory will disengage automation.  

3. Spark Factory will integrate clients Gmail calendar to CRM to assist in helping the end user to set an appointment. 

Spark Factory right to terminate - This Agreement may be terminated by Spark Factory (i) immediately if Customer fails to pay any fees hereunder, or if Customer fails to cooperate with Spark Factory and/or hinders Spark Factory ability to perform the Services hereunder. The client also agrees to the terms of use. 

Reporting – Reports will be made available via Spark Factory's dashboard located at https://app.sparkfactory.io

Payment of fees - Payments must be made promptly on the renewal date. Down payments are required to begin your project and ongoing services payment terms are due upon receipt. If an amount remains delinquent 60 days after its due date, an additional 5% penalty will be added for each month of delinquency. 

Copyrights and Trademarks -  The client represents to Spark Factory and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Spark Factory for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Spark Factory and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. Spark Factory represents and warrants that they will use royalty-free images and the client's images for all marketing,

Indemnification – Customer shall indemnify and hold harmless Spark Factory (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Spark Factory as a result of any claim, judgment, or adjudication against Spark Factory related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Spark Factory (the “Customer Content”), or (b) a claim that Spark Factory ’s use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Spark Factory must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.

All Other Warranties – Spark Factory does not warrant that services will meet the customer’s expectations or requirements. the entire risk as to the quality and performance is with the customer. Except as otherwise specified in this agreement, Spark Factory provides its services “as is” and without warranty of any kind. the parties agree that (a) the limited warranties set forth in this section are the sole and exclusive warranties provided by each party, and (b) each party disclaims all other warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, relating to this agreement, performance or inability to perform under this agreement, the content, and each party’s computing and distribution system. if any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Limited liability – in no event shall Spark Factory be liable to customer for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. there shall be no refunds. Spark Factory makes no warranty of any kind, whether express or implied, with regard to any third-party products, third-party content or any software, equipment, or hardware obtained from third parties.

Jurisdiction/Disputes – This Agreement shall be governed in accordance with the laws of the State of Virginia. All disputes under this Agreement shall be resolved by arbitration in the courts of the State of Virginia including the federal courts therein and the Parties all consent to the jurisdiction of City of Virginia Beach Virginia, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.  For any action involving matters of this Agreement, venue shall lie in City of Virginia Beach Virginia.

Counterparts

This Agreement may be executed in one or more counterparts, signature pages, each of which shall be deemed to be an original and together which shall constitute one and the same instrument. 

Name of the authorized party on behalf of the Client:


 

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Signed by Scott Aadal
Signed On: March 3, 2021


Signature Certificate
Document name: Trial Leads Agreement
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March 3, 2021 9:21 am EDTTrial Leads Agreement Uploaded by Scott Aadal - scott@sparkfactory.io IP 70.174.19.138