Terms of Note : No incentive, co-reg or callcenter traffic. Non-Redirected leads are not billable. Only leads where the consumer is filling out the form can be accepted. All leads must be opt-in, TCPA complaint, and websites must adhere to OLA Best Practices requirements. Minimum Payout threshold: $100.
Terms and Conditions
This Purchase Agreement, the Terms, and any certifications, click-throughs or click-wrap agreements REVJOLT LLC(revJOLT) requires Publisher to accept (collectively “Agreement”), shall control the parties’ relationship. If there is a conflict between this Purchase Agreement and the Terms or other agreements, then the Purchase Agreement will control above all others, followed by the Terms, then the other agreements.
Valid Actions: revJOLT will pay Publisher for valid leads, clicks, calls or other actions (collectively “Valid Actions”) as set forth in this Agreement, by written agreement of the parties, or as specified in the Offers available to approved publishers on revJOLT’s website. To view Offers, Publisher must register through revJOLT’s website, or be given login credentials from an authorized revJOLT representative, and be approved as a Publisher by revJOLT in its sole discretion.
Valid Actions are actions that meet all requirements of this Agreement, written specifications from revJOLT, or the terms of any Offer selected by Publisher through revJOLT’s website. Valid Actions also must comply with the Quality Control Guidelines (“QC Guidelines”) on revJOLT’s website (the QC Guidelines are also attached to this Purchase Agreement, but any conflict with the QC Guidelines in the Terms will be resolved by reference to the Terms).
Payment Terms:Advertiser shall pay Publisher for all Valid Actions based on the terms in this Agreement or as set forth in the Offers description online. Payments will be made weekly on a net 7 basis, unless otherwise specified in this Agreement or other written agreement of the parties. Advertiser may temporarily delay payments to Publisher until the balance due exceeds $100 or the parties’ relationship is terminated.
Ownership of Data: All Valid Actions and associated data generated by Publisher for revJOLT will become the exclusive property of revJOLT. Publisher will not make any use of data related to any Valid Actions other than to transfer such information to revJOLT or to comply with applicable federal, state or local statutes, rules and regulations (“Applicable Law”).
Data Protection: Publisher will use commercially reasonable efforts to protect all data associated with Valid Actions. Publisher must have a written data security policy in place, and will provide such policy to revJOLT within 24 hours of a request. Publisher’s data security policy and practices must include the consistent use of administrative, technical and physical security measures including without limitation encryption of sensitive consumer data. Publisher will disclose to revJOLT in writing any unauthorized use or breach (collectively “Breach”) of consumer data. Publisher will give notice immediately upon discovery of the Breach and will identify: (i) the nature of the Breach, (ii) the specific compromised data, (iii) who made or caused the Breach, (iv) Publisher’s actions taken to mitigate any deleterious effect of the Breach, and (v) Publisher’s actions taken (or planned to be taken) to prevent future Breach. Publisher will cooperate with revJOLT fully and at its sole expense to investigate, mitigate and resolve any Breach.
Compliance with Laws: Each party warrants and represents that it complies with all Applicable Law, including the CAN-SPAM Act, the FTC Act (see especially Section 5), the Dodd Frank Act (giving the CFPB authority to regulate unfair, deceptive and abusive acts and practices or UDAAP), and the TCPA. revJOLT will not be liable for any claims, causes of actions or damages (including attorney fees) arising from Publisher’s negligence, breach of contract or failure to comply with Applicable Laws. Publisher shall not be liable for any claims arising from Advertiser’s negligence, breach of contract or failure to comply with Applicable Laws.
Third Parties: Publisher is not allowed to use third parties (“sub-publishers”) to generate Valid Actions without revJOLT’s prior written consent. Even if consent is granted, or Publisher makes unauthorized use of sub-publishers, Publisher will not allow placement of any marketing messages (i) with any third party accused, convicted or reasonably suspected of committing fraud or violating Applicable Laws, or (ii) on any website or other medium that includes pornography, gambling, exploitation of children, racism, terrorism, hate speech or other content likely to tarnish revJOLT’s reputation.
Returns: Publisher will have returns available to them via online reporting after 6pm EST. Returns for PaydayLoan / Installment Loan / Personal Loan leads are processed 7 days after the transmission of the lead. revJOLT reserves the right to take retroactive credits on any Payday Loan / Installment Loan / Personal Loan leadpurchased that is later found to be fraudulent by the lending source.
Miscellaneous: This Purchase Agreement and the Terms constitute the entire agreement between the parties, and supersedes any prior agreements or understandings between the parties, regarding this subject matter. Email and chat (such as Skype) is a form of writing, but where written notice is required and given by email or chat, it is deemed delivered only upon reply or other acknowledgment of receipt by the receiving party (not including instant, automated replies). The term “include” means “includes without limitation”. The Agreement is governed by the laws of the State of California, and any disputes are subject to the exclusive jurisdiction of the United States federal courts and/or the state courts of California located in Los Angeles County. The parties waive any jurisdictional, venue or inconvenient forum objections to such courts regardless of either party’s location or residence. If Publisher is a tribal entity, Publisher irrevocably (i) waives any sovereign immunity and any other privilege that may be asserted with such immunity or privilege from unconsented suits or proceedings and (ii) consents to any suit or any other legal proceedings, alternative dispute resolution, arbitration, enforcement and collection of judgment or award, injunction, specific performance, or declaratory relief conditioned only upon following limitations: the waiver is limited to actions or proceedings to (a) interpret or enforce the provisions of this Agreement, (b) assert or enforce equitable relief, including without limitation specific performance, (c) assert any damage claims arising out of the breach or alleged breach of this agreement, and (d) enforce any agreement, order, judgment or ruling resulting from such an actions or proceedings including, but not limited to, any execution and collection of monetary damages, specific performance or injunctive relief. Actions or proceedings may be brought or made in the United States federal courts and/or the state courts of California located in Los Angeles County. The parties hereby acknowledge that this express waiver extends only to actions or proceedings brought by Advertiser, its successors and assigns (and not any other party) against Publisher for claims of any kind arising under this Agreement.
Quality Control Guidelines :
REVJOLTLLC (revJOLT) is serious about maintaining the highest quality leads in the industry. Therefore, revJOLT will only pay a fee for leads that comply with applicable international, federal, state or local laws, these Quality Control Guidelines, and that are not generated by fraudulent activity. To generate a Valid Action:
1. Actions must not result from computer-generated sources such as robots, spiders, computer scripts or from other automated, artificial or fraudulent methods, including without limitation any methods designed to appear like an individual, real live person.
2. Actions must not be processed or entered by anyone other than the consumer who is genuinely interested in the products or services offered. Call center operations may be exempt from this requirement with revJOLT’s prior consent and written approval.
3. Actions must not contain false, incomplete or inaccurate information.
4. Actions must not be from persons never interested in receiving information in the offer, or from persons misled into submitting their information.
5. Actions must not be duplicates of prior actions in the last 30 days (defined as the same contact information (same or similar name with the same phone number or email address).
6. Actions must not be incentivized (including without limitation Actions generated by offering incentives, payments, rebates or other things of value intended to increase conversion rates).
7. Actions must not be obtained using misleading or confusing language encouraging persons to submit their contact information.
8. Actions must not be generated with any websites or offers that are oriented toward, show or promote pornographic or sexually explicit content, gambling, racist or hate speech or other offensive material as determined solely by revJOLT.
9. Actions sent to revJOLT must not be sold to other lead buyers, lead aggregators, vendors, wholesale or retailer buyers (i.e., only EXCLUSIVE leads are acceptable) unless allowed by revJOLT’s prior written consent.
10. Actions must not be misclassified (for example, a payday loan lead is not valid if the consumer was seeking information on debt relief programs).
11. The consumer completing the request form must be 18 years of age or older.
12. Actions obtained through Craigslist or other similar online classified ad websites must not be misleading, including without limitation any strategies that redirect persons to landing pages for purposes not clearly referenced or explained in the original marketing message.
14. Actions must not be generated through advertisements that are unfair, deceptive or abusive or infringing on any trademark, copyright or other third party intellectual property rights.
15. Actions must be delivered to revJOLT in real-time unless allowed by revJOLT’s prior written consent.
16. Actions must not be obtained using any other fraudulent or illegal practices.
17. Actions related to consumer finance (including without limitation payday loan leads) that require a redirect to another page must meet a redirect rate of no less than 90%.
Please see http://revJOLT.com/quality-control-guidelines for the complete Guidelines