Affiliate Sign Up
Processing...
Please do not refresh or press back.Terms and Conditions
Sakura Agreement
Agreement for Lead Generation Services
This service agreement (the “Agreement”) is entered into on the “Day of , between Proposed Call Center, (hereafter referred to as “Center”) and SAKURA BPO, LLC, (hereafter referred to as “Client”).
WHEREAS Client desires to utilize Center services for the purposes described in Exhibit “A”.
WHEREAS Center is a marketing company specializing in direct response lead generation through various sources, including direct mail, Opt-in internet, telemarketing, infomercials, newspaper, etc.
NOW, THEREFORE, in consideration of the foregoing Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Center and Client agree as follows:
1.0 Center’s Duties and Obligations
Center shall maintain facilities, equipment, and reasonable staffing capable of generating business prospects for Client. Center shall perform services at one or several of its appropriate facilities. The services provided by Center are non-exclusive and Center may provide the same or similar service to others. Center is not in the business of closing any business associated with the said prospects. Center’s business practice is only to sell and deliver interested prospects to clients. Notwithstanding Sections 9.0 and 15.0 of this Agreement, Center shall accept full responsibility for all Center employees and their conduct while working on behalf of Client.
2.0 Center’s Duties and Obligations
Center agrees to the following duties and obligations as related to each respective category of the services Center shall provide Client.
2.1 Sales & Service
Center shall assume full responsibility for generating business from prospects provided. Center shall incur all costs and fees associated with generating and completing all business generated via their prospects.
2.2 Compliance with Governmental Regulations
Center shall use its best efforts to ensure that each aspect of Client’s program and instructions are always in full compliance with all applicable governmental regulations. Client shall have the right to suspend any service to Center that is and/or could be in violation of governmental regulations with notice to Center.
2.2 Compliance with TCPA
Center shall always, have, in their possession, all “opt-in” information necessary to facilitate their permission to call prospects they market. This can include, but is not limited to, Jornaya Lead ID, and/or Trusted Form. Center agrees to hold harmless Client throughout duration of contract, and a period following of two, (2) years from any & all claims, complaints, lawsuits, or settlements derived because of Centers marketing campaign(s), effort(s), or practices.
.
3.0 Charges & Weekly Payment Terms
As set forth in Exhibit “A”, Client agrees to compensate Center for all services rendered in accordance with the fees shown on Exhibit “A” hereto, which sets forth the pricing for components of the services provided and the total charges to Client. Leads delivered by Friday of each week, will be reconciled and billable leads will be paid by the following Friday. Certain services, such as infomercial advertising may require advance payment in accordance with industry standards. At such time that a complaint or suit is brought forward against Client, (or Client’s customers & agents), Center agrees to be solely responsible for outcome of settlement, including settlement payments. Center agrees and understands that Client has the right to withhold payment from Center if they violate any subsections of section 2 in this Agreement.
4.0 Term of Agreement
This Agreement is effective on the date made and shall continue in full force and effect until the entire order is completed provided Client has fulfilled the Minimum Purchase Agreement as specified in Exhibit “A.”
5.0 Early Termination
By signing this Agreement, Client commits to spending a minimum of $100.00 with Center. Center will allow client to return individual prospects / leads and will give a refund to clients account and replace the returned lead with a new quality lead which will be deducted back out of the account upon delivery. Once all monies have been used from clients account upon delivery of the leads, client may choose to renew their account or terminate the service.
6.0 Notices
All notices and written communications hereunder shall be in writing and shall be deemed given if delivered via electronic mail and followed up with a letter personally or mailed via first class mail, postage prepaid to the parties at the following address (or at such address for a party as shall be specified by like notice. If to
Center: Crosscomm Marketing * 32 beechwood street, Farmingdale NY 11735
516 800 4772
If to Client: SAKURA BPO LLC, 651 S. Lassen Ct, Anaheim, CA 92804
Attn: Legal Department.
8.0 Suspension of Service & Force Majeure
Center will make every reasonable effort to provide Client with continuous, reliable, and accurate services. Center shall not be liable or deemed in default under this Agreement for any delay or failure to provide services resulting from accidents; fires; labor disputes; electricity shortages; utility failure; inadequate telephone network, transport, or telecommunications carrier services; evacuations; acts of terrorism; acts of God or nature; civil unrest; war; states of emergency; or causes beyond Center’s immediate control. In case of suspension of service from such causes, Center will use its best efforts to restore service as soon as practicable. In no event shall Center be liable to Client for any consequential damages arising from or incidental to performance or non-performance under this Agreement.
9.0 Limitation of Liability
Except as otherwise stated herein, Center will make every reasonable effort to provide Client with accurate information and data. Client agrees that Center shall not be held responsible in any manner for accuracy in receiving, reporting, analyzing, and/or transmitting communications under this Agreement. Center. shall not be held responsible in any matter for the accuracy or reliability of the delivery of Client’s product(s) to Client’s customers and/or vendors. In no event shall Center be liable to Client, Client’s customers, or any other third-party claim for any indirect or special damages arising out of this Agreement or the operation of services contracted by Client.
10.0 Allocation of Risk
Client acknowledges that the fees and charges assessed by Center in this Agreement reflect the allocation or risks provided by the foregoing limitation of liability. Client acknowledges and represents that it has read and understands these allocations of risk limiting the liability of Center and that it understands that a modification of allocation of risks set forth in this Agreement would affect the fees and charges assessed by Center and that Client, and in consideration of such fees and charges, agrees to such allocations of risks.
11.0 Disputes
Any dispute between the parties that cannot be resolved by the parties shall be resolved through arbitration, which will take place in Orange County, California. The prevailing party shall collect all reasonable costs associated with arbitration.
12.0 Assignment of Agreement
Neither party may assign or transfer its rights and obligations under this Agreement without the other’s consent. Consent shall not be unreasonably withheld. All of the terms and provisions of this Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of each of the parties hereto. It is understood that from time-to-time Center relies on third parties to fulfill portions of the services it provides (e.g., credit bureaus, data providers/service bureaus, mailing houses, staffing arrangements, telecommunications services, etc.). In such cases, Center shall certify the quality of any third-party work.
13.0 Customer Privacy
Center agrees that all information and data supplied by Client is confidential and proprietary (“Customer Information”). Center agrees to use Customer Information as necessary to perform its services for Client, but not for any other purpose, such as to market its own products or services to consumers. This letter also authorizes Center to disclose Customer Information: (1) to Client; (2) to Client’s affiliates [if applicable]; and (3) to third parties who have a need to know the information in order to help Center perform its services for Client, and who will use the information only to provide Center with that assistance. Center is not authorized to disclose Customer Information to any such third party unless it is reasonably certain that the entity or person to whom it discloses the information will not use the information to market products or services to a consumer or for any purpose unrelated to the services Center is providing to Client.
14.0 Confidentiality & Non-Solicitation of Client Data
Center shall use its best efforts to safeguard information pertaining to a Client’s services, business operations, marketing plans, financial records, know-how, intellectual property, and data. Center shall use its best efforts to ensure that such proprietary information is only released and discussed with Client or Client’s authorized agent. Client agrees to keep all Center information including its pricing, services provided, facilities, employees, know-how, marketing materials, access codes, and other Center proprietary business materials strictly confidential and not release such information unless Client is provided with written notice from Center authorizing such a release.
15.0 Indemnification
Each party shall indemnify, defend, and hold the other party, its affiliates and subsidiaries and their respective directors, officers, employees, agents, successors, and assigns harmless from and against all actions, suit proceedings, judgments, demands or claims, liabilities, losses or expenses whatsoever incurred in connection with or arising from a party’s failure to perform hereunder and/or a party’s violation of any local, state, or federal law or regulation.
16.0 Not A Partnership or Joint Venture
Nothing in this Agreement or any acts of the parties shall be deemed by the parties or any third person to create an employment relationship, a partnership, joint venture, or of any association between the parties.
17.0 Amendments
No amendments to this Agreement shall be valid unless put in writing and signed by all the parties hereto, their successors, or assigns.
18.0 Warranties & Representations
Both parties agree that no warranties and representations have been made to induce the making of this Agreement that is not expressly stated in this Agreement. Client further acknowledges that Center has made no warranties or representations relating to the usefulness or fitness of the leads it shall provide Client, marketing response/results, service standards/operating performance, the effectiveness of Center’s lead generation or service efforts as they pertain to Client’s product or service, and/or the overall effectiveness of the services provided by Center
19.0 Headings
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of any part of this Agreement.
20.0 Effect of Waivers and Consents
No waiver of default by any party hereto shall be implied from any omission by a party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated. One or more waivers of any covenant, term of condition of this Agreement by a party shall not be construed to be a waiver or any subsequent breach of the same covenant, term, or condition. The consent or approval by any party shall not be deemed to waive or render unnecessary the consent to or approval of said party of any subsequent or similar acts by a party.
21.0 Governing Law & Venue
This Agreement shall be construed and governed in accordance with the laws of the State of California. Any claim arising from this Agreement shall be adjudicated in the state or federal courts of Orange County, CA.
22.0 Severability
If any provision of this Agreement shall be determined to any extent to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid or enforceable to the fullest extent permitted by law.
23.0 Entire Agreement
This Agreement constitutes the entire governing agreement of the parties and supersedes all prior agreements and understanding between the party’s respect to the subject matter hereof. This contract may not be modified or amended except by written agreement of the parties.
24.0 Authority of Signers
Each person executing this Agreement on behalf of each party represents and warrants to the other party that they are authorized to execute and deliver this Agreement on behalf of their respective firm.
By accepting these Terms & Conditions, it's legally putting my signature on the Agreement and legally binds me to all aspects of said Agreement.
Agreement for Lead Generation Services
This service agreement (the “Agreement”) is entered into on the “Day of , between Proposed Call Center, (hereafter referred to as “Center”) and SAKURA BPO, LLC, (hereafter referred to as “Client”).
WHEREAS Client desires to utilize Center services for the purposes described in Exhibit “A”.
WHEREAS Center is a marketing company specializing in direct response lead generation through various sources, including direct mail, Opt-in internet, telemarketing, infomercials, newspaper, etc.
NOW, THEREFORE, in consideration of the foregoing Recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Center and Client agree as follows:
1.0 Center’s Duties and Obligations
Center shall maintain facilities, equipment, and reasonable staffing capable of generating business prospects for Client. Center shall perform services at one or several of its appropriate facilities. The services provided by Center are non-exclusive and Center may provide the same or similar service to others. Center is not in the business of closing any business associated with the said prospects. Center’s business practice is only to sell and deliver interested prospects to clients. Notwithstanding Sections 9.0 and 15.0 of this Agreement, Center shall accept full responsibility for all Center employees and their conduct while working on behalf of Client.
2.0 Center’s Duties and Obligations
Center agrees to the following duties and obligations as related to each respective category of the services Center shall provide Client.
2.1 Sales & Service
Center shall assume full responsibility for generating business from prospects provided. Center shall incur all costs and fees associated with generating and completing all business generated via their prospects.
2.2 Compliance with Governmental Regulations
Center shall use its best efforts to ensure that each aspect of Client’s program and instructions are always in full compliance with all applicable governmental regulations. Client shall have the right to suspend any service to Center that is and/or could be in violation of governmental regulations with notice to Center.
2.2 Compliance with TCPA
Center shall always, have, in their possession, all “opt-in” information necessary to facilitate their permission to call prospects they market. This can include, but is not limited to, Jornaya Lead ID, and/or Trusted Form. Center agrees to hold harmless Client throughout duration of contract, and a period following of two, (2) years from any & all claims, complaints, lawsuits, or settlements derived because of Centers marketing campaign(s), effort(s), or practices.
.
3.0 Charges & Weekly Payment Terms
As set forth in Exhibit “A”, Client agrees to compensate Center for all services rendered in accordance with the fees shown on Exhibit “A” hereto, which sets forth the pricing for components of the services provided and the total charges to Client. Leads delivered by Friday of each week, will be reconciled and billable leads will be paid by the following Friday. Certain services, such as infomercial advertising may require advance payment in accordance with industry standards. At such time that a complaint or suit is brought forward against Client, (or Client’s customers & agents), Center agrees to be solely responsible for outcome of settlement, including settlement payments. Center agrees and understands that Client has the right to withhold payment from Center if they violate any subsections of section 2 in this Agreement.
4.0 Term of Agreement
This Agreement is effective on the date made and shall continue in full force and effect until the entire order is completed provided Client has fulfilled the Minimum Purchase Agreement as specified in Exhibit “A.”
5.0 Early Termination
By signing this Agreement, Client commits to spending a minimum of $100.00 with Center. Center will allow client to return individual prospects / leads and will give a refund to clients account and replace the returned lead with a new quality lead which will be deducted back out of the account upon delivery. Once all monies have been used from clients account upon delivery of the leads, client may choose to renew their account or terminate the service.
6.0 Notices
All notices and written communications hereunder shall be in writing and shall be deemed given if delivered via electronic mail and followed up with a letter personally or mailed via first class mail, postage prepaid to the parties at the following address (or at such address for a party as shall be specified by like notice. If to
Center: Crosscomm Marketing * 32 beechwood street, Farmingdale NY 11735
516 800 4772
If to Client: SAKURA BPO LLC, 651 S. Lassen Ct, Anaheim, CA 92804
Attn: Legal Department.
8.0 Suspension of Service & Force Majeure
Center will make every reasonable effort to provide Client with continuous, reliable, and accurate services. Center shall not be liable or deemed in default under this Agreement for any delay or failure to provide services resulting from accidents; fires; labor disputes; electricity shortages; utility failure; inadequate telephone network, transport, or telecommunications carrier services; evacuations; acts of terrorism; acts of God or nature; civil unrest; war; states of emergency; or causes beyond Center’s immediate control. In case of suspension of service from such causes, Center will use its best efforts to restore service as soon as practicable. In no event shall Center be liable to Client for any consequential damages arising from or incidental to performance or non-performance under this Agreement.
9.0 Limitation of Liability
Except as otherwise stated herein, Center will make every reasonable effort to provide Client with accurate information and data. Client agrees that Center shall not be held responsible in any manner for accuracy in receiving, reporting, analyzing, and/or transmitting communications under this Agreement. Center. shall not be held responsible in any matter for the accuracy or reliability of the delivery of Client’s product(s) to Client’s customers and/or vendors. In no event shall Center be liable to Client, Client’s customers, or any other third-party claim for any indirect or special damages arising out of this Agreement or the operation of services contracted by Client.
10.0 Allocation of Risk
Client acknowledges that the fees and charges assessed by Center in this Agreement reflect the allocation or risks provided by the foregoing limitation of liability. Client acknowledges and represents that it has read and understands these allocations of risk limiting the liability of Center and that it understands that a modification of allocation of risks set forth in this Agreement would affect the fees and charges assessed by Center and that Client, and in consideration of such fees and charges, agrees to such allocations of risks.
11.0 Disputes
Any dispute between the parties that cannot be resolved by the parties shall be resolved through arbitration, which will take place in Orange County, California. The prevailing party shall collect all reasonable costs associated with arbitration.
12.0 Assignment of Agreement
Neither party may assign or transfer its rights and obligations under this Agreement without the other’s consent. Consent shall not be unreasonably withheld. All of the terms and provisions of this Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of each of the parties hereto. It is understood that from time-to-time Center relies on third parties to fulfill portions of the services it provides (e.g., credit bureaus, data providers/service bureaus, mailing houses, staffing arrangements, telecommunications services, etc.). In such cases, Center shall certify the quality of any third-party work.
13.0 Customer Privacy
Center agrees that all information and data supplied by Client is confidential and proprietary (“Customer Information”). Center agrees to use Customer Information as necessary to perform its services for Client, but not for any other purpose, such as to market its own products or services to consumers. This letter also authorizes Center to disclose Customer Information: (1) to Client; (2) to Client’s affiliates [if applicable]; and (3) to third parties who have a need to know the information in order to help Center perform its services for Client, and who will use the information only to provide Center with that assistance. Center is not authorized to disclose Customer Information to any such third party unless it is reasonably certain that the entity or person to whom it discloses the information will not use the information to market products or services to a consumer or for any purpose unrelated to the services Center is providing to Client.
14.0 Confidentiality & Non-Solicitation of Client Data
Center shall use its best efforts to safeguard information pertaining to a Client’s services, business operations, marketing plans, financial records, know-how, intellectual property, and data. Center shall use its best efforts to ensure that such proprietary information is only released and discussed with Client or Client’s authorized agent. Client agrees to keep all Center information including its pricing, services provided, facilities, employees, know-how, marketing materials, access codes, and other Center proprietary business materials strictly confidential and not release such information unless Client is provided with written notice from Center authorizing such a release.
15.0 Indemnification
Each party shall indemnify, defend, and hold the other party, its affiliates and subsidiaries and their respective directors, officers, employees, agents, successors, and assigns harmless from and against all actions, suit proceedings, judgments, demands or claims, liabilities, losses or expenses whatsoever incurred in connection with or arising from a party’s failure to perform hereunder and/or a party’s violation of any local, state, or federal law or regulation.
16.0 Not A Partnership or Joint Venture
Nothing in this Agreement or any acts of the parties shall be deemed by the parties or any third person to create an employment relationship, a partnership, joint venture, or of any association between the parties.
17.0 Amendments
No amendments to this Agreement shall be valid unless put in writing and signed by all the parties hereto, their successors, or assigns.
18.0 Warranties & Representations
Both parties agree that no warranties and representations have been made to induce the making of this Agreement that is not expressly stated in this Agreement. Client further acknowledges that Center has made no warranties or representations relating to the usefulness or fitness of the leads it shall provide Client, marketing response/results, service standards/operating performance, the effectiveness of Center’s lead generation or service efforts as they pertain to Client’s product or service, and/or the overall effectiveness of the services provided by Center
19.0 Headings
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of any part of this Agreement.
20.0 Effect of Waivers and Consents
No waiver of default by any party hereto shall be implied from any omission by a party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated. One or more waivers of any covenant, term of condition of this Agreement by a party shall not be construed to be a waiver or any subsequent breach of the same covenant, term, or condition. The consent or approval by any party shall not be deemed to waive or render unnecessary the consent to or approval of said party of any subsequent or similar acts by a party.
21.0 Governing Law & Venue
This Agreement shall be construed and governed in accordance with the laws of the State of California. Any claim arising from this Agreement shall be adjudicated in the state or federal courts of Orange County, CA.
22.0 Severability
If any provision of this Agreement shall be determined to any extent to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid or enforceable to the fullest extent permitted by law.
23.0 Entire Agreement
This Agreement constitutes the entire governing agreement of the parties and supersedes all prior agreements and understanding between the party’s respect to the subject matter hereof. This contract may not be modified or amended except by written agreement of the parties.
24.0 Authority of Signers
Each person executing this Agreement on behalf of each party represents and warrants to the other party that they are authorized to execute and deliver this Agreement on behalf of their respective firm.
By accepting these Terms & Conditions, it's legally putting my signature on the Agreement and legally binds me to all aspects of said Agreement.