Terms and Conditions

This Advertising Agreement (the “Agreement”) is entered into between Home Expert, a Nevada company (“Home Expert”) and the advertiser providing information on the Insertion Order (defined below), and entering into this Agreement either by signing this Agreement by hand and/or agreeing to enter into this Agreement online (“Advertiser”).

Services Rendered:

Advertiser wishes to purchase Marketing Services from Home Expert pursuant to the terms of this Agreement.

Home Expert shall not be liable to the Advertiser for any damages as a result of services provided by Home Expert to the Advertiser under this Agreement, or arising from any claim relating to this Agreement. Home Expert DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES PROVIDED BY Home Expert PURSUANT TO THIS AGREEMENT. Home Expert PROVIDES SUCH SERVICES AND ADVERTISER ACCEPTS SAME, ON AN “AS IS” BASIS AND WITH ALL DEFECTS. IN ANY EVENT WHATSOEVER, Home Expert’S LIABILITY TO ADVERTISER, IF ANY, SHALL NOT EXCEED THE TOTAL ADVERTISER ACTUALLY PAID Home Expert. Advertiser shall indemnify and hold Home Expert harmless from all losses, liability, costs, damages and expenses including but not limited to, reasonable attorneys’ fees and disbursements and amounts paid in settlement, accruing from or arising as a result of any claims of any third parties. All rights and remedies provided in this Agreement, including without limitation the liquidated damages provided for ‘Third Party Sales or Use of Confidential Information’ in this Agreement, are cumulative and not exclusive of any other rights or remedies that may be available to Home Expert, whether provided by law, equity, statute, in any other agreement between the parties or otherwise.

Definition of a Lead:

A “Lead” is defined as the delivery by Home Expert to Advertiser of the following information which shall be generated by Home Expert and posted to the Advertiser’s account dashboard. As a courtesy, leads can also be emailed or sent to the Advertisers Customer Relationship Management (CRM) software when possible and easily implemented by Home Expert’s developers. To view leads, Advertiser must log in using unique credentials emailed to the Advertiser or provided by the account representative to view lead information. Advertisers account will be debited for each lead immediately after they appear in the account dashboard. It is Advertiser’s responsibility to check their account dashboard to ensure consistency of lead delivery in their CRM. Home Expert is not liable for leads not reaching Advertisers CRM due to any technical difficulties.

In the case of a moving lead, a name, a phone number or an email address that is currently used by the named individual, the destination where the person or persons is/are moving from and the destination where the person is /persons are moving to, the household size defined in number of bedrooms, and a service date within 180 days from the date the lead was submitted. All information shall be sent to the Advertiser within twenty-four (24) hours of Home Expert. receiving said information. Lead prices are subject to those listed in the Insertion Order below. Home Expert. reserves the right to adjust lead prices by sending (14) days advance written or electronic notice to Advertiser.

Use of Leads:

Leads can only be used by Advertiser and only under Advertiser’s name as registered with Home Expert. Advertiser is prohibited from sharing, transferring, selling, leasing or otherwise providing Leads or Lead information to any other entities or DBAs. Without limiting the foregoing, Advertiser is prohibited from soliciting to Leads under any entity name or DBA except the name registered with Home Expert.

Damages for Unauthorized Use of Leads:

It is acknowledged that Advertiser’s use of Leads and Phone Calls provided by Home Expert in violation of the paragraphs on Use of Leads and Use of Phone Calls will cause Home Expert to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such misuse, Advertiser agrees that liquidated damages may be assessed and recovered by Home Expert without Home Expert being required to present any evidence of the amount or character of actual damages sustained; therefore Advertiser authorizes Home Expert to take payment from Advertiser’s account and/or to charge Advertiser’s credit card or checking account for payment of liquidated damages in the amount of $750 per violation. Such liquidated damages are intended to represent estimated actual damages, are not intended as a penalty, and without limiting Home Expert’s right to terminate this Agreement.

Lead Credit Policy:

The Expert is charged for all Valid/Qualified Leads delivered to the Expert. Valid or Qualified Leads are defined as information that was submitted and has been identified by HomeExpert as a homeowner/authorized party seeking project intent and includes a valid name, phone number, email, zip code and project type.

The Expert will not be required to pay for Bad Leads. The definition of a bad lead is defined as (i) Lead Information includes a non-working or invalid phone number or email address; (ii) Lead contact information that is obviously bogus, fake, or fraudulent (e.g., Mickey Mouse); (iii) the Lead indicates, either verbally or in writing, that they never inquired about the service and did not request to be contacted, and the Expert does not thereafter provide services for the Lead; (iv) the Lead indicates that no one with the given name lives at the indicated address or is authorized to make decisions regarding the property; (v) the Lead is a solicitor seeking to sell goods or services; (vi) the Expert previously received the identical information from HomeExpert for the same project type within the prior 7 days.

Leads for which a phone call goes unanswered or which go to voicemail are deemed to be Valid Leads and will be handled on a case by case scenario at HomeExpert's discretion.

Credits for bad leads will need to be requested individually by the Expert through the appropriate medium. The total number of bad leads approved will not exceed an unreasonable percentage of the Expert's total spend. Bad Lead percentages are determined and maintained by HomeExpert based on industry analysis. All Bad Lead credit requests are subject to approval at the full discretion of HomeExpert

Payment:

Advertiser shall pay Home Expert for all Marketing Services in advance by depositing into Advertiser’s account at Home Expert (the “Account”) by credit, debit, bank, or pre-paid card. Each time Home Expert delivers a Marketing Service to the Advertiser, Home Expert shall deduct from the Account the applicable fee per Marketing Service set forth in the IO. When the Account reaches the recurring amount as agreed upon, Advertiser shall redeposit monies into their account sufficient to receive additional Marketing Services. If Advertiser omits to redeposit monies into the Account for any reason at any time or times, Advertiser shall continue to remain liable for all sums due to Home Expert until Home Expert is paid in full; this provision shall survive the termination or expiration of this Agreement.

Advertiser authorizes a debit entry to Advertiser’s credit card account provided to Home Expert during the sign-up process (or at any other time), in the amount and frequency (i.e., single charge, multiple charges, and/or recurring charges) indicated. Advertiser represents and warrants that the credit card information provided to Home Expert is accurate, that the card is not expired when provided; that Advertiser will duly and timely renew the credit card or substitute it prior to its expiration by another credit card and provide the new card details to Home Expert in a notice in accordance with this Agreement; that the credit, debit, bank, or pre-paid card, is fully authorized to be used by the Advertiser for this and all future transaction at Home Expert. that the charges will not be disputed; and that Advertiser shall indemnify and hold harmless Home Expert from all collection efforts related to any and all such charges. This payment authorization extends to cover Damages for Unauthorized Use of Leads and Phone Calls.

Home Expert and Advertiser agree that Home Expert shall supply Advertiser with Marketing Services generated pursuant to the description of marketing services to be provided in the IO. If Advertiser wishes to change the number of Marketing Services to be purchased in any month, Advertiser must give Home Expert written notice of such request. Request shall become effective within twenty-four (24) hours after receipt of any such request.

Term and Termination:

The term of this Agreement shall commence on the date set forth in the IO and shall continue until terminated in accordance herewith. Advertiser or Home Expert may terminate this Agreement at any time upon providing the other with notice of cancellation by facsimile at the numbers listed in the IO. In the event of termination by Advertiser, (i) the termination shall become effective forty-eight (48) hours after receipt of written notice; (ii) Advertiser shall remain obligated hereunder for payment to Home Expert for all outstanding orders up to and including the date of termination, all past due invoices if any; and all other obligations under this Agreement; (iii) Any monies deposited by the Advertiser into the Account are nonrefundable. Leads sent to the Advertiser are, however, covered under the Lead Credit Policy listed within. Termination of the Agreement, by either party, is nonrefundable, unless (iiii) In the event that the Advertiser starts an account with Home Expert and no Lead is sent by email nor appears on the account dashboard within thirty (30) days of uninterrupted Active Status, meaning the account is funded and is not set to a paused state by Advertiser or Home Expert, the Advertiser may request a refund equal to the amount of their initial deposit.

Grant of License

Advertiser hereby grants Home Expert a non-exclusive, royalty free, worldwide right and license to (i) use and display the Advertiser’s marks and other identifying logos or words online and publicly display the Advertiser’s Information on and through websites controlled by Home Expert. Home Expert acknowledges that by its use of the aforesaid it shall acquire no rights of ownership with respect to same.

Governing Law:

This Agreement shall be governed and construed under the laws of the State of California. Jurisdiction for disputes arising under this Agreement shall rest solely in the State of California, Los Angeles County. Advertiser waives any jurisdictional, venue or inconvenient forum objections to such courts regardless of either party’s location or residence.

Confidentiality:

Advertiser agrees to hold Confidential Information received from or created on behalf of the Home Expert in strictest confidence. Advertiser shall not use or disclose Confidential Information except as permitted or required by the Agreement or as otherwise authorized in writing by the Home Expert.

Advertiser agrees that it will protect the Confidential Information according to commercially acceptable standards and no less rigorously than it protects its own confidential information, but in no case less than reasonable care. Advertiser shall develop, implement, maintain and use appropriate administrative, technical and physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Confidential Information.

Advertiser shall report, either orally or in writing, to Home Expert any use or disclosure of Confidential Information not authorized in writing by Advertiser or by this Agreement, including any reasonable belief that an unauthorized individual has accessed Confidential Information. Advertiser shall make the report to Home Expert immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after Advertiser reasonably believes there has been such unauthorized use or disclosure. Advertiser’s report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the Confidential Information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Advertiser has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Advertiser has taken or shall take to prevent future similar unauthorized use or disclosure. Advertiser shall provide such other information, including a written report, as reasonably requested by the Home Expert.

Severability:

In the event that one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in whole or in part, or in any respect, or in the event that any one or more of the provisions of this Agreement shall operate or prospectively operate, to invalidate this Agreement, then the remaining provisions of this Agreement shall remain operative and in full force and effect, shall be valid, legal and enforceable and shall in no way be affected, prejudiced or disturbed thereby.

Relationship Definition:

The relationship of Advertiser to Home Expert shall be that of an independent contractor. Notwithstanding anything to the contrary herein contained, Home Expert, by entering into this Agreement or by any action pursuant thereto, will not be deemed a partner with Advertiser and Advertiser agrees to hold Home Expert harmless from any damage and expense resulting from such a construction of the relationship of the parties or any assertion thereof (including but not limited to any claim made by any Lead on account of Advertiser’s performance or non-performance of Advertiser’s services).

Past Due Balance and Costs of Collection:

Any balance due Home Expert shall accrue a finance charge equal to one and one-half percent (1-1/2%) per month or the maximum amount allowed by law, whichever is less. Home Expert shall be entitled to any and all costs of collection, including without limitation reasonable attorney’s fees should Home Expert have to bring an action to collect any amounts due under this Agreement.

Use of Confidential Information and No Third Party Sales:

Advertiser has the right to contact the consumer via personally identifiable consumer information SOLELY from the one business name identified in the Advertising Insertion Order (“IO”) below. Any attempt to contact the consumer from an alternate business name, DBA, or individual that is not listed in the “IO”, will be taken as a breach of this agreement and fully subject to the liquidated damages outlined below. Advertiser shall not sell or give any of the personally identifiable consumer information provided to Advertiser when they receive Leads from Home Expert (the “Confidential Information”) to any third party for any reason whatsoever and can only use consumer information to provide a single moving quote requests from Advertiser only. Confidential Information includes, without limitation, a consumer name, a consumer phone number and/or consumer email address.

The parties hereby acknowledge that it is impossible to determine the actual damages that Home Expert shall incur if Advertiser violates this provision; therefore, Advertiser and Home Expert agree that Advertiser shall pay, as liquidated damages, the sum of one hundred dollars ($100.00) for each breach of the Use of Confidential Information and No Third Party Sales clause above. Home Expert reserves the right to “seed” leads sent to Advertiser with consumer information tracked by Home Expert to ensure quality, compliance with the terms of this Agreement, and to enforcement of damages.

Entire Agreement; Modifications; Binding Effect.

This Agreement, together with the Exhibits and Schedules annexed hereto, if any, form the entire agreement and understanding between the parties and supersedes all prior discussions, agreements and understandings of each and every nature between them. This Agreement may not be changed or terminated, except if in writing and signed by the party to be bound thereby or by electronic transmission acknowledged as received by the party to be bound thereby. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective successor in interest of the parties hereto.

Code of Conduct

Below is our code of conduct when contacting leads sent to you by Home Expert. We have been satisfying our customers for many years through honesty and a genuinely useful service, and we hope you share our vision and treat your customers the same way.

Our legal department has already taken and will continue to take an active role by indefinitely suspending multiple company accounts for tactics involving, but not limited to:

1) Starting or participating in negative discussions about other Home Expert clients in any way.
2) Purchasing a lead and calling from multiple companies not listed on the insertion order.
3) Drastically low balling estimates to gain business advantage, with the intention of increasing prices before or after pick-up and delivery.
4) Continuous harassment of any customer after customers asks not to be contacted further.

Home Expert staff is constantly monitoring leads and surveying customers to ensure the movers in our network provide honest service, as well as never using the tactics mentioned above.

Any mover who has been found using these or any other negative sales tactics violating our code of conduct will be subject to immediate and indefinite suspension of the lead account and seizure of any remaining unused funds as well as liquidated damages as provided in the terms above.

By signing the Insertion Order and Terms and Conditions, you hereby acknowledge that you will adhere to the code of conduct represented by this document, and any failure to do so will result in the consequences as stated above.

ADVERTISER ACCEPTS AND AGREES TO FULLY COMPLY WITH THE ABOVE TERMS AND CONDITIONS.