1. PARTIES. This agreement between Marketing Resources (the "Seller" or "We") and___________________________________, individually, and in his or her capacity as _________________________representing__________________________, (the "Buyer" or "You") hereby agree to be bound by and adhere to the Terms and Conditions contained in this Agreement. Please read these Terms and Conditions carefully. You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the trade secrets, printed material, and other media in any form shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by this Agreement whether you are acting on your own behalf, on behalf of a business entity in which you have an ownership position or hold a corporate office, or on behalf of a third party, including another end user.

2. SPIRIT. Not withstanding the specific language of this Agreement, the spirit of this Agreement is simple: Marketing Resources will mail material designed to generate life and disability insurance leads for the Buyer at a price and payment terms agreed upon by the parties. The Buyer agrees not to share ANY of the material provided by Marketing Resources WITH ANY OTHER INDIVIDUAL OR ENTITY, with the exception of the mortgage holder(s) that returned it, unless advanced written permission has been received from Marketing Resources. The Buyer also agrees that while this Agreement is in force, and for a period of two (2) years afterward, the Buyer will not use a like or similar lead development system with like or similar language on the media mailed to individuals who have obtained a mortgage in the previous five (5) year period for the purpose of developing leads for insurance sales without the written permission of Marketing Resources. This provision will not prevent the Buyer from working with any mortgage lead system they had used previously as long as they disclose said lead system as described in Paragraph 14. In the event of a dispute involving the Terms and Conditions specified in this Agreement the parties agree to require any fact finder to be first and foremost bound by this Spirit provision in rendering their decision.

3. EXCHANGE OF VALUE. The parties make this Agreement in consideration of the exchange of benefits, services, and payment defined and specified herein.
4. SERVICES AND PRODUCT. Marketing Resources agrees to provide the Buyer with services designed to induce mortgage holders to allow the Buyer to propose insurance products to said mortgage holders.
5. LIMITED LICENSE. Marketing Resources hereby grants the Buyer the limited license to use for their profit the proprietary trade secrets and information developed and/or refined by Marketing Resources to exploit the leads received by the Buyer as a result of the transactions deriving from this Agreement while it is in force. Said license is limited by the period of time this Agreement is in force, the Spirit provision, and any post Agreement provisions that survive the termination of this Agreement, or other restrictions on the Buyer.

6. PAYMENT AND REFUNDS. The Buyer agrees to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that Marketing Resources may change its minimum pricing at any time. Marketing Resources may provide the Buyer with a specific price or rate schedule, lasting a specific or limited time period, in a document separate from this Agreement. NO REFUND FOR SERVICES PROVIDED will be made outside of any guarantee signed by the parties. If you dispute any charge made under this Agreement, you must notify Marketing Resources IN WRITING within sixty (60) days of any such charge; failure to so notify Marketing Resources shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on records maintained by Marketing Resources. No other measurements or statistics of any kind shall be accepted by Marketing Resources or have any effect under this Agreement. You agree that You will consider your signature on a Purchase Agreement from Marketing Resources to be the same as your signature on a credit card charge form and shall constitute a signed delivery receipt of your purchase in GOOD AND ACCEPTABLE CONDITION.

7. EXCLUSIVE TERRITORY. Marketing Resources may provide the Buyer an exclusive area or territory for which Marketing Resources shall mail only material on behalf of the Buyer while this Agreement is in force, by the way of a document separate from this Agreement.

8. NO GUARANTEE. Unless you have chosen to purchase a Guarantee and follow the terms and conditions of that Guarantee to the letter, Marketing Resources makes no guarantee regarding the validity of the addresses of the mortgage holders mailed to, or the percentage of responses to the Buyer from the mailings, or the number or size of any sale(s) that might result from the mailings EXCEPT as specified by any separate Guarantee document for a specific mailing.

9. NO WARRANTY. MARKETING RESOURCES MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. You stipulate that You have read and understood the contents of the IMPORTANT ADVISORY Page published on the Marketing Resources’ Web Site where you placed your order and downloaded this Agreement.

10. LIMITATIONS OF LIABILITY; In no event shall Marketing Resources or any Partner be liable for any act or omission, or any event directly or indirectly resulting from any act or omission of the Buyer or Customer’s Advertiser, Partner, or any third parties (if any). Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

11. REPRESENTATIONS AND WARRANTIES. You represent and warrant that (a) all of the information provided by you to Marketing Resources to enter in this Agreement is correct and current; (b) you will not violate any criminal laws or third party rights giving rise to civil liability, including but not limited to trademark rights; or (i) encourage conduct that would violate any criminal or civil law. You further represent and warrant that any insurance or other activity involving the services provided by Marketing Resources (i) complies with all laws and regulations in any state where the results of Marketing Resources’ services are used; (ii) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) is not false, misleading, defamatory, libelous, slanderous or threatening.

12. YOUR OBLIGATION TO INDEMNIFY. You agree to indemnify, defend and hold Marketing Resources, all relevant Partner(s), and their licensors, licensees, consultants, contractors, agents, attorneys and employees harmless from and against any and all liability, loss, damages, claims or causes of action, including internal and external legal fees and expenses, arising out of, related to or which may arise from your use of the services provided by this agreement, and/or your breach of any term of this Agreement.

13. NON DISCLOSURE. MARKETING RESOURCES CONSIDERS THEIR MARKETING PRACTICES TO BE VALUABLE PROPRIETARY TRADE SECRETS AND PROTECTS AGAINST THE UNAUTHORIZED DISSEMINATION OF SAID TRADE SECRETS VERY AGGRESSIVELY. The Buyer agrees they will not provide any material, written or otherwise, provided them by Marketing Resources, to ANY individual or entity without first receiving permission in writing from Marketing Resources and that such unauthorized distribution shall constitute a BREACH of this Agreement. The Buyer accepts that such breach may result in the immediate termination of their rights, benefits, and services in this agreement without advance notice; a minimum damage award of $5,000 and additional damages equal to or greater than any losses suffered by Marketing Resources; PUNITIVE DAMAGES; and any expenses, legal or otherwise, incurred by Marketing Resources in investigating the breach and attempting to repair the damage.

14. NON COMPETITION. The Buyer also agrees that while this Agreement is in force, and for a period of two (2) years afterward, the Buyer will not use a like or similar lead development system with like or similar language on the like or similar media mailed to individuals who have obtained a mortgage in the previous five (5) year period for the purpose of developing leads for insurance sales without the written permission of Marketing Resources. In the event the Buyer is or was involved in a mortgage holder based lead development system at the time this Agreement is executed, the Buyer is responsible for informing Marketing Resources in writing of such involvement before signing this Agreement. Failure on the part of the Buyer to adhere to the conditions and provisions described herein shall be considered a BREACH of this Agreement. The Buyer accepts that such breach may result in the immediate termination of their rights, benefits, and services in this agreement without advance notice; a minimum damage award of $5,000 and additional damages equal to or greater than any losses suffered by Marketing Resources; PUNITIVE DAMAGES; and any expenses, legal or otherwise, incurred by Marketing Resources in investigating the breach and attempting to repair the damage.
15. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the spirit of this Agreement, and the remaining terms and provisions will remain in full force and effect.
16. NON-AGENCY. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
17. NON-WAIVER. Marketing Resources’ failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
18. FOREIGN LANGUAGE: Controlling Language. In the event that you are reading this agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
19. CHOICE OF LAW: This Agreement shall be construed and controlled by the laws of the State of South Dakota. In the event Marketing Resources relocates or incorporates in a different state, then the laws of that state shall be controlling. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the State of South Dakota., without regard to its conflict of laws principles. In the event Marketing Resources relocates or incorporates in a different state, then the laws of that state shall be controlling. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Sioux Falls with the exception of relocation, as stated herein, in which case Marketing Resources will provide in writing the new city of jurisdiction. Any claim against Marketing Resources arising from this Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.

20. ASSIGNMENT. The Buyer agrees that Marketing Resources may assign this Agreement to another individual or entity and shall, within a reasonable time period, provide written notice to the Buyer of such assignment. In the event the Buyer assigns this agreement to another individual or entity, the Buyer shall inform Marketing Resources, in writing, within a reasonable time period and, furthermore, exert due diligence in assuring that the party or parties receiving assignment comply with ALL the provisions of this Agreement, and assume legal and financial responsibility for their failure to do so.

21. LEGAL REMEDY; STIPULATION TO ARBITRATION. The parties hereby stipulate that any legal dispute arising from this Agreement shall be decided by an arbitration service to be chosen by Marketing Resources that services the city described in the Choice of Law section above should either party choose arbitration by notifying the other, in writing at their last known address, of that choice. The non prevailing party agrees to pay all expenses incurred by the prevailing party in developing and presenting their case, any damages or other relief awarded by the fact finder, and any other damages that may be established in this Agreement. By your placement of an order, individually and on behalf of any others they legally represent, the parties hereby stipulate to this legal remedy and KNOWINGLY WAIVE their right to alternative legal remedies.

22. TERMINATION; CANCELLATION. Marketing Resources may at any time, in its sole discretion, terminate this Agreement upon fourteen (14) days notice. Marketing Resources will notify the Buyer via email and/or written notice of any such termination or cancellation, which shall be effective on the date specified. The Buyer may cancel and/or terminate this Agreement with or without cause at any time on seven (7) days notice from the date said notice is received in writing by Marketing Resources. Upon termination for any reason, (i) you shall remain liable for any amount due for services already provided but not yet paid for, said amount being immediately due and payable, and (ii) Sections 2, 5, 6, 11 through 14, 19, 21, and 23 shall survive termination.

23. MISCELLANEOUS. Any decision made by Marketing Resources under this Agreement shall be final. Marketing Resources shall have no liability for any such decision. The Buyer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Marketing Resources resulting from a breach of this Agreement, in collecting unpaid amounts under this Agreement, or the Buyer’s attempt to recover any amount paid to Marketing Resources in a manner not provided for in this Agreement or any separate guarantee agreement. The Buyer agrees that a copy of this Agreement shall have the same validity as the original. This constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties. This Agreement shall be construed as if both parties jointly wrote it.
24. ACCEPTANCE OF AGREEMENT. THE BUYER ACKNOWLEDGES THAT THE BUYER HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS AND ACCEPT THAT THIS AGREEMENT SHALL APPLY TO THIS PURCHASE AND ANY SUBSEQUENT PURCHASE FROM MARKETING RESOURCES NOT COVERED UNDER A MORE CURRENT PURCHASE AGREEMENT. THE BUYER HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND IS NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH OR REFERRED TO IN THIS AGREEMENT.

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