Privacy Notice
Effective Date: January 22, 2021
Notice Version: 1.0
Data Controller Contact Information:
Listech Inc
HeavyHitterLeads.com
18124 Wedge Parkway 2017
Reno, NV 89511
1.775.530.1794
This document governs the privacy notice of our website heavyhitterleads.com. Our privacy notice tells you what personal data and non-personal data we may collect from you, how we collect them, how we protect them, how we share them, how you can access and change them, and how you can limit our sharing of them. Our privacy notice also explains certain legal rights that you have concerning your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.
Definitions
‘NONPERSONAL DATA’ (NPD) is information that is in no way personally identifiable.
‘PERSONAL DATA’ (PD) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data. (GDPR) means General Data Protection Regulation.
Topics Covered in Our Privacy Notice
YOUR RIGHTS
INFORMATION WE COLLECT AND HOW WE COLLECT IT
HOW YOUR INFORMATION IS USED AND SHARED
RETAINING AND DESTROYING YOUR PD
UPDATING YOUR PD
REVOKING YOUR CONSENT FOR USING YOUR PD
PROTECTING THE PRIVACY RIGHTS OF THIRD PARTIES
DO NOT TRACK SETTINGS
LINKS TO OTHER WEBSITES
PROTECTING CHILDREN’S PRIVACY
OUR EMAIL POLICY
OUR SECURITY POLICY
USE OF YOUR CREDIT CARD
TRANSFERRING PD FROM THE EUROPEAN UNION
CHANGES TO OUR PRIVACY NOTICE
YOUR RIGHTS
Contact us using the information at the top of this privacy notice to exercise any of your legal rights contained within this privacy notice.
You Have the Right Not to Have Your Personal Information Sold
You have the right to request that we do not sell any of your personal information.
Personal information for this section means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements when the name and data elements are not encrypted: social security number, driver’s license number, driver authorization card number, or identification card number. Account number, credit card number, or debit card number, in combination with any required security code, access code, or password that would permit access to the person’s financial account. A medical identification number or a health insurance identification number. A username, unique identifier, or electronic mail address in combination with a password, access code, or security question and answer that would permit access to an online account.
If you wish to make this request, please email us at privacy@ heavyhitterleads.com telling us that you do not want to have any of your personal information sold. Please include enough personal information so that we can reasonably verify your identification. We will respond to your request within 30 days after receiving it.
Your Rights Under the GDPR
When using our services and submitting PD to us, you may have certain rights under the GDPR if you reside or are in any of the countries of the European Union. Depending on the legal basis for processing your PD you may have some or all of the following rights:
The Right to Be Informed-You have the right to be informed about the PD that we collect from you and how we process them.
The Right of Access-You have the right to get confirmation that your PD are being processed and you have the ability to access your PD.
The Right to Rectification – You have the right to have your PD corrected if they are inaccurate or incomplete.
The Right to Erasure (Right to Be Forgotten) – You have the right to request the removal or deletion of your PD if there is no compelling reason for us to continue processing them.
The Right to Restrict Processing – You have the right to ‘block’ or restrict the processing of your PD. When your PD are restricted, we are permitted to store your data, but not to process them further.
The Right to Data Portability-You have the right to request your PD that you provided to us and use them for your own purposes. We will provide your data to you within 30 days of your request.
The Right to Object – You have the right to object to us processing your PD for the following reasons:
Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling)
Direct marketing (including profiling)
Processing for purposes of scientific/historical research and statistics
Rights in relation to automated decision-making and profiling.
Automated Individual Decision-Making and Profiling – You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects regarding you or similarly significantly affects you.
Filing a Complaint with Authorities- You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.
Your California Privacy Rights
Californian consumers have certain rights under the California Consumer Privacy Act (CaCPA) AB 375. For us to comply with some of these rights, we must be able to reasonably verify a consumer’s identity. These rights include:
the right of Californians to know what personal information is being collected about them
the right of Californians to know whether their personal information is sold or disclosed and to whom
the right of Californians to say no to the sale of their personal information
the right of Californians to access their personal information
The right to data portability.Californians have the right to request their personal information that they provided to us and use them for their own purposes. We will provide Californians their personal information within 30 days of their request.
the right of Californians of the deletion of their personal information
the right of Californians of equal service, price, and not being discriminated against even if they exercise their privacy rights
one or more designated means for Californian consumers to submit requests under the CACPA including (at minimum) a toll-free telephone number, and if the business maintains an Internet website, a website address
the right of Californians to designate an authorized agent to make a request on their behalf. When designating an authorized agent, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.
These rights include the right to request what personal information we collect and disclose about consumers. Provisions with an asterisk (*) only apply to consumers if the business sells personal data about Californian consumers or discloses their personal information for business purposes.
Personal information includes:
categories of personal information that a business collected about the consumer
categories of sources from which the personal information was collected
specific pieces of personal information that the business has collected about consumers
categories of third parties with whom the business shares personal information
the business or commercial purpose of collecting or selling personal information
*categories of personal information sold
*categories of third parties to whom personal information was sold, by category or categories of personal information sold for each third party to whom personal information was sold
*categories of personal information disclosed for a business purpose
*categories of personal information that the business sold about the consumer in the preceding 12 months, or a statement that it has not sold any personal information
*categories of personal information about the consumer that the business disclosed for a business purpose in the preceding 12 months, or a statement that it has not disclosed any personal information for business purposes.
INFORMATION WE COLLECT AND HOW WE COLLECT IT
Generally, you control the amount and type of information that you provide to us when using our website.
Our Legal Basis for Collecting and Processing PD
Our legal basis for collecting and processing your PD when you buy our products or services is based on and the necessity for the performance of a contract or to take steps to enter into a contract. Our legal basis for collecting and processing your PD when you sign up for our newsletter, download free information, access free audios, videos, and webinars through our website, including information you enter using any of our opt-in forms is based on consent.
Automatic Information
We automatically receive information from your web browser or mobile device. This information may include the name of the website from which you entered our website, if any, as well as the name of the website you’ll visit when you leave our website. This information may also include the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using our website. We use all this information to analyze trends among our users to help improve our website.
When Entering and Using Our Website
When you enter and use our website and agree to accept cookies, some of these cookies may contain your PD.
Our Use of Cookies
Our website uses cookies. A cookie is a small piece of data or a text file that is downloaded to your computer or mobile device when you access certain websites. Cookies may contain text that can be read by the web server that delivered the cookie to you. The text contained in the cookie generally consists of a sequence of letters and numbers that uniquely identifies your computer or mobile device; it may contain other information as well.
By agreeing to accept our use of cookies you are giving us and the third parties with which we partner permission to place, store, and access some or all the cookies described below on your computer.
Strictly Necessary Cookies – These cookies are necessary for proper functioning of the website, such as displaying content, logging in, validating your session, responding to your request for services, and other functions. Most web browsers can be set to disable the use of cookies. If you disable these cookies, you may not be able to access features on our website correctly or at all.
Performance Cookies – These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.
Functional Cookies – These cookies enable the website to remember users’ choices, such as their language, usernames, and other choices while using the website. They can also be used to deliver services, such as letting a user create a blog post, listen to audios, or watch videos on the website.
Media Cookies – These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by us or third parties who provide services to us.
Advertising or Targeting Cookies – These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests. You will see less advertising if you disable these cookies.
Session Cookies – These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; they are not stored long term.
Persistent Cookies – These cookies are stored on a user’s device between browser sessions, which allows the user’s preferences or actions across a website or across different websites to be remembered. Persistent cookies may be used for several purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.
We may also use cookies for:
identifying the areas of our website that you have visited
personalizing content that you see on our website
our website analytics
remarketing our products or services to you
remembering your preferences, settings, and login details
targeted advertising and serving ads relevant to your interests
affiliate marketing
allowing you to post comments
allowing you to share content with social networks.
Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our website correctly or at all.
Web Beacons
We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers and users.
Optional: If users have to register or signup, list all the information you collect from them. What’s listed here is sample information, you can edit it to your needs. If this provision does not apply, delete it.
At User Registration
When you register as a user, we collect your name and email addresss.
When Buying Products or Services
If you buy products or services from us, we collect your first and last name, email address, physical address, credit card or other payment information, phone number, and other information listed.
Collecting Information About Your Physical Location
When you use our services, we may collect and process information about your actual physical location. We use several technologies such as GPS and IP tracking to determine your location. These technologies may also give us information about nearby cell towers, Wi-Fi access points, and other devices.
Hotjar.com
We use www.Hotjar.com. Hotjar is a technology service that helps us better understand our users’ experience – how much time they spend on which pages, which links they click on, what they do and don’t like, etc. This enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular the IP addresses of their devices captured and stored only in anonymized form); the screen size, type, unique identifiers of devices; browser information; geographic location (country only); and languages used to display our website. Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we use this information to identify individual users or to match it with further data on individual users.
For more details please see Hotjar’s privacy policy by visiting: https://www.hotjar.com/legal/policies/privacy.
You can opt out of the creation of a user profile, Hotjar’s storing of data about your usage of our website, and Hotjar’s use of tracking cookies on other websites by visiting: https://www.hotjar.com/legal/compliance/opt-out.
Disqus.com
We use a service from www.Disqus.com that can track users’ activity across websites that use the Disqus commenting system unless the do not track option is enabled. Information tracked by Disqus may be disclosed to third parties including pseudonymous analytics data, web browser version, installed addons, referring pages, and exit links. Other users may search for, see, use, and repost any of your user content that you make publicly available through the service. You can choose to install a privacy-enhancing web browser extension which allows some of Disqus to be blocked.
Gravatar.com
We use a service from www.en.gravatar.com that allows you to have an image that represents you when you are online. It is a picture that appears next to your name when you interact with different Gravatar enabled websites. To make this happen a tracking mechanism is used that follows you from website to website.
Cross Device Tracking
We use a service that tracks your behavior from device to device. This technology can track your responses from your desktop computer to your laptop, smartphone, and tablet, in any order when using these devices. We use the information we get from this technology to analyze traffic behavior, improve our marketing and advertising.
Website Chat Software or Contact Forms
Our website contains chat software or contact forms that enable visitors to communicate with us live online or offline by email. In some cases, visitors can communicate with us without buying our products and services. When you use our chat software or contact forms, we may collect some or all the following information: your email address, first name, last name, location, and any other information you willingly choose to give us. You should limit the information you give to us to one that is necessary to answer your questions.
Google Ad and Content Network
Third-party vendors, including Google, use cookies to serve ads based on a user’s past visits to our website. Google’s use of cookies enables it and its partners to serve ads to our users based on their visits to our site and/or other sites on the Internet. Users may opt out of the use of Google’s cookies for interest-based advertising by visiting http://www.aboutads.info/choices/ For European users visit http://www.youronlinechoices.eu
Google Analytics
Our website uses Google Analytics to collect information about the use of our website. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website. We use the information we get from Google Analytics to analyze traffic, improve our marketing, advertising, and website. Google Analytics collects only the IP address assigned to you on the date you visit our website, not your name or other identifying information. We do not combine the information collected using Google Analytics with PD. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our website.
For more information on how Google collects and processes your data visit: https://www.google.com/policies/privacy/partners/
You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout
Our website uses analytics and crash reporting services from several companies to collect information about the use of our website. Analytics collects information such as how often users visit our website, what pages they visit, when they do so, what other websites they used before coming to our website, and their IP addresses. We use the information we get from analytics to improve our services.
Google Remarketing
Our website uses a remarketing advertising service. Our remarketing service is provided by Google and other companies that show our ads on websites across the Internet. With remarketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit. The website’s owner might like to encourage you to revisit his/her website and buy a computer by showing you his/her ads again on other websites that you visit. We use remarketing for similar purposes. For this to happen Google will read a cookie that is already in your browser or place a cookie in your browser when you visit our website or other websites using remarketing. You can opt out of Google’s use of cookies and remarketing at this link: https://support.google.com/ads/answer/2662922?hl=en or you can opt out using the Network Advertising Initiative opt out page at http://optout.networkadvertising.org/#!/
Facebook Remarketing
Third parties, including Facebook, may use first-party cookies, third-party cookies, web beacons, and other storage technologies to collect or receive information from our services and elsewhere on the Internet, and use that information to provide measurement services and target ads. With Facebook remarketing you may see our ads on Facebook after you have used our services. For this to happen Facebook uses unique cookies that are activated and placed in a visitor’s browser when they land on a webpage. Facebook lookalike audience targeting allows us to show ads on Facebook to people who are similar to those who have already visited or made a purchase from our services. To opt out of Facebook’s collection and use of information for ad targeting visit: https://www.facebook.com/help/568137493302217
AdRoll Remarketing
An AdRoll pixel has been installed on our website. This, along with AdRoll’s third-party cookies, allows AdRoll to collect data and provide targeted advertising, specifically retargeting advertising on other websites or devices, depending on your online activity.
You may opt out of receiving targeted advertisements from AdRoll by visiting the NAI website optout page here: http://www.networkadvertising.org/choices/
or the DAA optout page here: http://www.aboutads.info/
or for EU users the EDAA optout page here: http://youronlinechoices.eu/
Amazon Remarketing
Our website and applications use Amazon’s remarketing service and conversion pixels to show interest-based ads on websites and devices across the Internet. To opt out of or change your preferences for this type of advertising visit: https://www.amazon.com/adprefs.
Remarketing
Our website and applications use remarketing advertising services. These remarketing services are provided by companies that show our ads on websites and devices across the Internet. With remarketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit to that website. The website’s owner might like to encourage you to revisit their site and buy a computer by showing you their ads on other websites that you visit. We use remarketing for similar purposes. For this to happen remarketing companies will read a cookie in your browser. This can only happen if your browser is set to let it happen. You can opt out of these types of advertising cookies by visiting http://www.networkadvertising.org/choices.
What Happens If You Don’t Give Us Your PD
If you do not provide us with enough PD, we may not be able to provide you all our products and services. However, you can access and use some parts of our website without giving us your PD.
HOW YOUR INFORMATION IS USED AND SHARED
We use the information we receive from you to:
provide our products and services you have requested or purchased from us
personalize and customize our content
make improvements to our website
contact you with updates to our website, products, and services
resolve problems and disputes
contact you with marketing and advertising that we believe may be of interest to you.
Communications and Emails
When we communicate with you about our website, we will use the email address you provided when you registered as a user or customer. We may also send you emails with promotional information about our website or offers from us or our affiliates unless you have opted out of receiving such information. You can change your contact preferences at any time through your account or by contacting us using the contact information at the top of this privacy notice.
Sharing Information with Affiliates and Other Third Parties
We do not sell or rent your PD to third parties for marketing purposes. However, for data aggregation purposes we may use your NPD, which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PD. We may give your PD to third-party service providers whom we hire to provide services to us. These third-party service providers may include but are not limited to payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.
Sharing Your PD With Other Users
Some of your PD, including your location, first and last name, business type, LinkedIn and Facebook profiles, current place of work, job position, business name, business address, profile picture, email address, friend connections, spoken languages, business phone number, mobile number, business URL, username, and any image or video content that you have uploaded to our website or mobile app may be displayed to other users to help user interaction within our services or address your request for our services.
Your privacy settings in your account may let you limit which users can see your PD in your user profile and what information in your profile is visible to others. You understand that any content you upload to your public user profile, including PD, or content that you disclose online in a way that other users can see, including discussion boards, messaging, or other communication mechanisms becomes publicly accessible and can be used by anyone.
We do not filter or monitor what is posted on discussion boards. If you post on these discussion boards or other communication devices, you should use care when exposing any PD, as such information is not protected by our privacy notice nor are we liable if you disclose your PD through such postings.
If you sign into our services through a third-party social networking service or website, your “friends” list from that service or website might be automatically imported to our services. We do not have any control over the privacy notices and business practices of other third-party services or websites.
Sharing Your PD for Lookalike or Similar Audience Marketing
We may share your PD with third parties for similar audience marketing purposes. Similar audience marketing is also called lookalike audience marketing. The third parties we share your PD with for this type of marketing include Facebook and/or Google. Using your PD for similar audience marketing or lookalike audience marketing helps us find new audiences (users and customers) based on similar interests to yours. This helps us improve our marketing services. Your PD is only shared with Facebook and Google for this type of marketing. By using our website and agreeing to our privacy notice you are giving consent for your PD to be used for the marketing purposes described within this section.
Sharing Your Information When You Login Using Social Media Websites
We may share your PD with third parties such as Facebook.com, Twitter.com, YouTube.com, Instagram.com, and Google.com. If you decide to login to our website using these third parties or other social media websites, you are agreeing to let us use and store your profile information from those websites to make better use of any social media features on our website. This sharing of information helps us provide you a better experience when using our website and services. It also provides us with useful information such as visitor traffic. If you use any of the social sharing icons on our website to share our information, you may also be sharing your personal information through social media websites.
Sharing Information With Business Partners
We may share your PD with our business partners. The business partners include general business partners, affiliates, and joint venture partners. We share this information with them so that they can send you information about our products and services as well as their products and services. When you choose to take part in our services and/or offerings, you are authorizing us to provide your email address and other PD to our business partners. Please understand that when we share your PD with our business partners, your PD becomes subject to our business partners’ as well as our privacy notice.
Text Messaging and Push Notifications
If you provide a mobile telephone number to us, you are giving your consent and authorize us or a third party to send you text messages and push notifications. You are not required to give us your consent for these text messages and push notifications. However, withholding your consent may interfere or prevent us from providing some or all of our services to you. You can stop receiving text messages and push notifications at any time by contacting us.
Legally Required Releases of Information
We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or governmental enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our terms and conditions; (d) necessary to protect us from legal action or claims from third parties, including you and/or other users; or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.
Disclosures to Successors
If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business. We also retain the right to transfer your PD if our company files for bankruptcy and some or all of our assets are sold to another individual or business.
Community Discussion Boards, Blogs, or Other Mechanisms
Our website may offer the ability for users to communicate through online community discussion boards, blogs, or other mechanisms. We do not filter or monitor what is posted on such discussion mechanisms. If you choose to post on these discussion mechanisms, you should use care when exposing any PD, as such information is not protected by our privacy notice nor are we liable if you disclose your PD through such postings. Also, PD which you post on our website for publication may be available worldwide by means of the Internet. We cannot prevent the use or misuse of such information by others.
RETAINING AND DESTROYING YOUR PD
We retain information that we collect from you (including your PD) only for as long as we need it for legal, business, or tax purposes. Your information may be retained in electronic, paper, or a combination of both forms. When your information is no longer needed, we will destroy, delete, or erase it.
UPDATING YOUR PD
You can update your PD using services found on our website. If no such services exist, you can contact us using the contact information found at the top of this privacy notice and we will help you. However, we may keep your PD as needed to enforce our agreements and to comply with any legal obligations.
REVOKING YOUR CONSENT FOR USING YOUR PD
You have the right to revoke your consent for us to use your PD at any time. Such optout will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates and business partners, (ii) disclosures to third-party service providers that provide certain services for our business, such as payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.
PROTECTING THE PRIVACY RIGHTS OF THIRD PARTIES
If any postings you make on our website contain information about third parties, you agree to make sure that you have permission to include that information. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified, if such postings violate the privacy rights of others.
DO NOT TRACK SETTINGS
Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. These websites will likely have their own privacy notices. We have no responsibility for these websites and we provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. It is your responsibility to check the privacy notices of these websites to see how they treat your PD.
Even though our website is not designed for use by anyone under the age of 18, we realize that a child under the age of 18 may attempt to access our website. We do not knowingly collect PD from children under the age of 18. If you are a parent or guardian and believe that your child is using our website, please contact us. Before we remove any information we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child is accessing our website, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor have any liability to do so.
OUR EMAIL POLICY
You can always opt out of receiving email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.
OUR SECURITY POLICY
We have built our website using industry-standard security measures and authentication tools to protect the security of your PD. We and the third parties who provide services to us also maintain technical and physical safeguards to protect your PD. Unfortunately, we cannot guarantee prevention of loss or misuse of your PD or secure data transmission over the Internet because of its nature. We strongly urge you to protect any password you may have for our website and not share it with anyone.
USE OF YOUR CREDIT CARD
You may have to provide a credit card to buy products and services from our website. We use third-party billing services and have no control over them. We use commercially reasonable efforts to ensure that your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
TRANSFERRING PD FROM THE EUROPEAN UNION
PD that we collect from you may be stored, processed, and transferred among any countries in which we operate. The European Union has not found the United States and some other countries to have an adequate level of protection of PD under Article 45 of the GDPR. Our company relies on derogations for specific situations as defined in Article 49 of the GDPR. If you are a European Union customer or user, with your consent your PD may be transferred to the United States or other countries outside the European Union when you request information from us. When you buy goods or services from us, we will use your PD for the performance of a contract or take steps to enter into a contract. Wherever we transfer, process, or store your PD, we will take reasonable steps to protect it. We will use the information we collect from you in accordance with our privacy notice. By using our website, services, or products you agree to the transfers of your PD described within this section.
CHANGES TO OUR PRIVACY NOTICE
We reserve the right to change this privacy notice at any time. If our company decides to change this privacy notice, we will post those changes on our website so that our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email sent to the email address on file in your account. Otherwise we will use and disclose our users’ and customers’ PD in agreement with the privacy notice in effect when the information was collected. In all cases your continued use of our website, services, and products after any change to this privacy notice will constitute your acceptance of such change. If you have questions about our privacy notice, please contact us through the information at the top of this privacy notice.
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Website Terms & Conditions
Listech Inc
HeavyHitterLeads.com
18124 Wedge Parkway 2017
Reno, NV 89511
1-775-530-1794
Effective Date: January 22, 2021 9:51 am PST
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, heavyhitterleads.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.
Definitions
The terms “us”, “we”, and “our” refer to Listech Inc, the owner of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and Listech Inc.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Listech Inc and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice by clicking on this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the HeavyHitterLeads.com Privacy Notice, do not use this Website or our Services.
Arbitration
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Reno, Nevada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Reno, Nevada necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Reno, Nevada, and will be governed by and construed in accordance with the laws of the state of Nevada without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Limited License
Listech Inc grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Listech Inc.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Listech Inc.
Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Eligibility and Registration for Membership
To use our Services, you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least 18 years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are 18 years of age or older and agree to abide by all the terms and conditions of this Agreement. Listech Inc has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.
Listech Inc reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.
Disclaimer
Our Website publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. Accordingly, Listech Inc has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of Listech Inc. Listech Inc does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and merchants. You agree that use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of merchants will apply to you while on any merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Listech Inc or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
Warranty Disclaimer
Listech Inc is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Listech Inc. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. Listech Inc is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Listech Inc assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
Listech Inc is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will Listech Inc be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
Listech Inc, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. Listech Inc CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Listech Inc DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Listech Inc.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL Listech Inc OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF
Listech Inc IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Listech Inc’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Member Conduct
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed
to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Listech Inc is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Listech Inc will submit all necessary information to relevant authorities.
If any Member Content is reported to Listech Inc as being offensive or inappropriate,
we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Listech Inc. If the Member fails to meet such a request,
Listech Inc has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with The Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
Violates any local, state, federal, or international laws
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
Links directly or indirectly to any materials to which you do not have a right to link
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
In the sole judgment of Listech Inc is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Listech Inc, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
Develop a competing website
Create compilations or derivative works as defined under United States copyright laws
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You grant Listech Inc a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting Listech Inc, its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content in connection with the operation of the business of Listech Inc, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Listech Inc has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
Payments
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
To the extent you purchase any lead package or data set directly from us, we will not refund your purchase price once the data set has been delivered for access and has been accessed and/or downloaded. There is a STRICT NO REFUND POLICY for any lead package or data set purchase that has been delivered by us and accessed by the customer.
To the extent that you purchase any goods directly from us, we may refund your purchase price within thirty (30) days of your notifying us in writing of your desire for the refund together with a reason for the request subject to the return of the Product to us in substantially the same condition as when you purchased it. Any refund or return may be subject to restocking fees as found on our Website.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
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Listech Inc Referral Affiliate Agreement
This agreement (the “Agreement”) is between Listech Inc, a Nevada corporation doing business as heavyhitterleads.com located at 18124 Wedge Parkway 2017 Reno, NV 89511 (“Company”) and you (hereinafter, “Referral Affiliate”) (collectively known as the “Parties” and individually as the “Party”) and is effective as of the date (the “Effective Date”) that Referral Affiliate consented to the terms of this Agreement. The Parties hereby agree as follows:
WHEREAS, Referral Affiliate desires, from time-to-time, to refer to Company potential customers (the “Referred Customers”) so that the Company can derive revenue from the Referred Customers; and
WHEREAS, Company desires to acquire referrals from Referral Affiliate in consideration for the payment to Referral Affiliate of a Referral Fee (as defined below).
NOW, THEREFORE, in consideration of the mutual promises made herein, the Parties agree as follows:
1. Referrals.
1.1. Referral Affiliate shall, from time-to-time, refer to Company potential customers from which Company can potentially generate revenue.
1.2. Referral Affiliate is not permitted to use third parties (for example, “sub-affiliates” or an affiliate network”) to identify potential Referred Customers.
2. Referral Fee and Service Fee.
2.1. Company shall pay Referral Affiliate a fee (the “Referral Fee”) as follows:
2.1.1. The currently posted amount (either a fixed amount or percentage) of the amount paid by each Referred Customer for monthly lead subscription packages and single, one-time lead purchases that are directly attributable to Referral Affiliate’s marketing efforts. Currently posted amounts are available on our commission details page, which is available at https://heavyhitterleads.com/affiliate-program/ and which is incorporated herein by reference. Transactions that are directly attributable to Referral Affiliate’s marketing efforts do not necessarily include all purchases made by a Referred Customer. For example, while a Referral Affiliate may receive a Referral Fee for a Referred Customer’s monthly recurring subscription, a third party may receive a Referral Fee attributable to subsequent product purchases by the same Referred Customer if lifetime customer cookies and/or commissions have been established. Company reserves the right to change the amount from time to time.
2.1.2. Payment shall be made once each month, on or before the 15th of each month, for all Referral Affiliate generated sales that have cleared a 30 day refund/chargeback/fraud holding period and accrue the previous calendar month provided that: 1) the Referral Affiliate is not in breach of this Agreement or any other agreement between Referral Affiliate and Company; 2) the Referral Fee is $100 or more; and 3) Referral Affiliate has been verified and/or approved by Company’s payment processor.
2.1.3. Company is not responsible for any errors, omissions, or problems regarding the Referral Fee that is reported to Company more than 7 days after payment is tendered.
2.1.4. Referral Affiliate is responsible for paying local, state, and federal taxes on any Referral Fee.
2.1.5. A Referral Fee is not due for any transaction that: occurs as a result of fraud or deception; was induced by unlawful conduct or conduct that potentially or actually causes harm to Company’s reputation or goodwill; causes any portion of the Referral Fee to be shared, directly or indirectly, with the Referred Customer (including without limitation transactions that involve a Referred Customer’s spouse, co-habitant, or business associate); or violates Company’s currently posted rules for generating Referral Fees.
2.1.6. A Referral Fee is not due for any transaction that subsequently results in a return, chargeback, or for any other circumstance that results in Company not actually receiving payment for a purchase. Subsequent payments of Referral Fees may be reduced accordingly.
2.2. Referral Affiliate shall pay a monthly fee (the “Service Fee”) if Referral Affiliate’s account becomes dormant. Referral Affiliate’s account shall be deemed dormant if Referral Affiliate does not log into Referral Affiliate’s account for four consecutive months. The Service Fee shall be either 10% of the total unclaimed Referral Fees or $25, whichever is greater.
3. Term, and Termination.
3.1. This Agreement shall remain in full force and effect until terminated by a party upon 15 days’ notice.
3.2. This Referral Affiliate shall terminate automatically and without notice if:
3.2.1. Referral Affiliate is in breach of this Agreement, including without limitation any warranty contained herein;
3.2.2. Referral Affiliate does not log into Referral Affiliate’s account during any six month period;
3.2.3. Referral Affiliate is diluting, tarnishing or blurring Company’s proprietary rights;
3.2.4. Referral Affiliate begin proceedings to challenge Company’s proprietary rights; or
3.2.5. A third party disputes Referral Affiliate’s right to use any promotional method;
3.3. Upon termination of this Agreement, Referral Affiliate shall no longer accrue Referral Fees.
3.4. The following sections shall survive termination of this agreement: §§ 4-8.
4. Confidentiality and Trade Secrets
4.1. All documents, data files, information, and other materials made available to Referral Affiliate in connection with this Agreement, including without limitation all information regarding services, Company customers, Referred Customers, marketing data, and business plans (collectively “Confidential Information”) shall be deemed to have been furnished to Referral Affiliate in confidence and shall remain the exclusive property of Company during and after the term of this Agreement. Referral Affiliate shall keep in strict confidence all Confidential Information. Referral Affiliate shall not at any time use Confidential Information for its own benefit, or disclose or permit any of its employees, agents, or representatives to disclose Confidential Information without Company’s prior written consent. Confidential Information does not include: Information already known to the recipient before disclosure; Information already known to the public, other than as a result of breach of this Agreement; Information received from a third party; Information subsequently independently developed; and Information required to be disclosed by law.
4.2. Referral Affiliate acknowledges that the identity of Referred Customer, contact information for a Referred Customer, and information about a Referred Customer’s business operations are a Company trade secret (the “Referral Affiliate Trade Secrets”). Referral Affiliate represents and warrants that it shall not use Company Trade Secrets to compete with Company, solicit Company customers, or to circumvent this Agreement.
5. Intellectual Property Rights
5.1. Referral Affiliate agrees not to adopt or use in any manner any trademarks, service marks, tradenames, or URLs that are the same or confusingly similar to, or are combined with, those of Company without prior written permission.
5.2. All proprietary rights of Company and all goodwill arising as a result of such rights, inure to the benefit of Company.
5.3. Referral Affiliate acknowledges that Referral Affiliate obtains no proprietary rights in Company’s trademarks, service marks, tradenames, URLs, copyrighted material, patents, and patent applications, and agrees not to challenge Company’s proprietary rights.
5.4. Referral Affiliate understand that all personally identifiable information, if any, provided by Referred Customers and any or all reports, results, and information created, compiled, analyzed, or derived by Company from such data is the sole and exclusive property of Company and is considered Company’s Confidential Information pursuant to this Agreement. Company in its sole discretion, shall have the right to use, market, and re-market this information without further obligation to Referral Affiliate. Referral Affiliate shall not make any use of, copy, make derivative works from, sell, transfer, lease, assign, redistribute, disclose, disseminate, or otherwise make available in any manner, such data, or any portion thereof, to any third-party.
6. Warranties
6.1. Referral Affiliate represents and warrants that Referral Affiliate’s performance of this Agreement will comply with the requirements of all relevant legislation (including without limitation laws that apply to commercial email and telemarketing, and all guidelines promulgated by the Federal Trade Commission) in force or applicable in the United States or in any other applicable jurisdiction, and warrants that no promotion method or material used by Referral Affiliate will render Company liable in any proceedings whatsoever.
6.2. Referral Affiliate represents and warrants that: (i) Referral Affiliate’s promotional methods do not and will not infringe a third party’s or Company’s proprietary rights; (ii) Referral Affiliate shall remain solely responsible for any and all websites owned or operated by Referral Affiliate and all promotional methods used pursuant to this Agreement; and (iii) Company is not obligated to review any of Referral Affiliate’s promotional methods, but Referral Affiliate shall fully and promptly comply with Company’s request for information and materials relating thereto.
6.3. Referral Affiliate represents and warrants that: i) All the materials Referral Affiliate uses to advertise, market, promote Company’s products and services was created without any contribution of any kind from Company, including without limitation editorial control or approval; ii) Any suggestions regarding content that Referral Affiliate receive from Company are made “as-is” and without any warranty; and iii) Referral Affiliate has had all materials reviewed by competent legal counsel and solely assumes all responsibility for the materials.
6.4. Referral Affiliate represents and warrants that all promotional means used by Referral Affiliate will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, or promoting illegal goods, services or activities), and that Referral Affiliate will not mislead others. Referral Affiliate agrees to use only ethical business practices.
6.5. Referral Affiliate represent and warrant that any personally identifiable information of Referred Customers that it transmits to Company shall be collected and transmitted in strict compliance with all applicable laws and posted privacy policies.
6.6. Referral Affiliate represents and warrants that it shall safeguard and promote the good reputation of Company and its products and services.
6.7. Referral Affiliate represents and warrants that it shall: 1) provide complete and accurate account information to Company; 2) maintain and update this information as needed to keep it current, complete, and accurate; and 3) provide Company one month notice prior to any change. Time is of the essence with respect to Referral Affiliates obligation to provide Company accurate information.
7. Indemnification
7.1. Referral Affiliate shall defend, indemnify and hold Company harmless against all claims, suits, demands, damages, liabilities, losses, penalties, interest, settlements and judgments, costs and expenses (including attorneys’ fees) incurred, claimed, or sustained by third parties directly or indirectly as a result of (a) Referral Affiliate’s breach of or non-compliance with this Agreement, (b) Referral Affiliate’s violation of any law, or an alleged violation of law by Company, that is a direct or indirect result of Referral Affiliate’s actions or inaction; (c) Referral Affiliate’s use of any content, goods or services; (d) any claim that Company is obligated to pay tax obligations in connection with payment made to Referral Affiliate pursuant to this Agreement; and (e) any violation or alleged violation by Referral Affiliate of any rights of another, including breach of a person’s or entity’s intellectual property rights (each (a)-(e) individually is referred to hereinafter as a “Claim”). Should any Claim give rise to a duty of indemnification under this section 7, Company shall promptly notify Referral Affiliate, and Company shall be entitled, at its own expense, and upon reasonable notice to Referral Affiliate, to participate in the defense of such Claim. Participation in the defense shall not waive or reduce any of Referral Affiliate’s obligations to indemnify or hold Company harmless. Referral Affiliate shall not settle any Claim without Company’s prior written consent. Referral Affiliate also shall indemnify for any reasonable attorneys’ fees or other costs incurred by an indemnified party in investigating or enforcing this section 7. In the context of this section 7 only, the term “Company” shall include members, managers, officers, directors, employees, corporate affiliates, subsidiaries, agents, and subcontractors.
8. Miscellaneous.
8.1. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTY, TO THE EXTENT PERMISSIBLE BY LAW, OTHER THAN THE WARRANTIES EXPRESSED IN THIS AGREEMENT, IF ANY, AND SPECIFICALLLY DISCLAIMS ANY WARRANTIES OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8.2. COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ATTORNEYS, LICENSORS, LICRENSEES, SUPPLIERS, PARENT ENTITIES, SISTER ENTITIES, SUBSIDIARY ENTITIES, AND/OR RELATED ENTITIES SHALL NOT BE LIABLE TO REFERAL AFFILIATE OR ANY THIRD PARTY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, TORT, OR CONTRACT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO AND/OR ARISING FROM THE TERMS AND/OR CONDITIONS OF THIS AGREEMENT, LOST PROFITS, AND/OR LOST OPPORTUNITIES, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S TOTAL LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMRENT SHALL BE LIMITED SOLELY TO MONEY DAMAGES AND SHALL NOT EXCEED THE AMOUNT OF REFERRAL FEES PAID TO REFERRAL AFFILIATE DURING THE FIRST THREE MONTHS OF THIS AGREEMENT.
8.3. Neither party shall be liable for, and each party is excused from, any failure to perform or delay in the performance of its obligations under this Agreement due to causes beyond its control. No failure of either party to pursue any remedy resulting from a breach of this Agreement by the other party shall be construed as a waiver of that breach, nor as a waiver of any subsequent or other breach unless such waiver is in signed and in writing.
8.4. In the event that any provision of this Agreement shall be invalid, illegal or unenforceable in any respect, such a provision shall be considered separate and severable from the remaining provisions of this Agreement, and the validity, legality or enforceability of any of the remaining provisions of this Agreement shall not be affected or impaired by such provision in any way.
8.5. The Parties agree and acknowledge that the relationship of the Parties is in the nature of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture and neither Party is the other’s agent, partner, employee, or representative.
8.6. This Agreement shall be construed in accordance with the laws of the state of Nevada regardless of Nevada’s choice of laws provisions. Any and all disputes arising from and/or relating to this Agreement shall be brought before a court of competent jurisdiction in the State of Nevada, County of Washoe.
8.7. This Agreement constitutes the entire understanding and agreement between the parties in relation to the subject matter hereof and supersedes all prior discussions, agreements and representations (excluding any and all non-disclosure and/or confidentiality agreements, if any) concerning the subject matter hereof, whether oral or written and whether or not executed by Company or Referral Affiliate. Unless otherwise provided in this Agreement, no modification, amendment or other change may be made to this Agreement or any part thereof unless reduced to writing and executed by authorized representatives of both parties.
8.8. Neither party may assign this Agreement without the prior express written permission of the other party. Notwithstanding the foregoing, Referral Affiliate’s consent shall not be required for assignment or transfer made by Company (1) due to operation of law, or (2) to an entity that acquires substantially all of Company’s stock, assets or business, or (3) to a related entity (e.g. parent or subsidiary of parent).
This referral agreement was last updated on February 26, 2021.