Affiliate Agreement

By participating in the Network and Affiliate Program, You may:

• participate in marketing campaigns, offers, call campaigns, lead campaigns, or other performance marketing opportunities offered through the Network (the “Campaigns”);
• use, distribute, display, perform, copy, transmit, and market the Creative Materials made available through the Network solely and exclusively in connection with Your efforts to generate consumer information leads, calls, form submissions, valid sales, appointments, service inquiries, or other compensable activities approved by Home Services Lead Group (collectively, “Compensable Transactions”); and
• use and advertise telephone numbers, tracking links, landing pages, forms, call flows, pixels, scripts, or other tracking methods assigned to You by Home Services Lead Group in connection with approved Campaigns, including any direct call, pay-per-call, lead generation, or marketplace programs described in an applicable insertion order, campaign terms, portal instructions, or written approval.

The services described above, along with any other services, systems, technology, tracking, reporting, routing, compliance, marketplace, or campaign services provided or made available by Home Services Lead Group from time to time, are referred to as the “Services.”

Home Services Lead Group may approve, deny, suspend, pause, limit, or terminate Your participation in the Network, any Campaign, or the Affiliate Program at any time in its sole discretion.

2.01 Creative Material Defined

Home Services Lead Group may provide You access to advertisements, content, campaign assets, call tracking numbers, landing pages, scripts, forms, copy, images, videos, text links, banner ads, tracking links, campaign instructions, private feeds, hosted pages, compliance language, disclosures, or other promotional materials for Your use in connection with approved Campaigns (collectively, the “Creative Material”).

Creative Material may include:

• forms, hosted forms, or embedded forms with fields tailored to a Campaign;
• text links, banner ads, display ads, pop-ups, native ads, social media copy, marketplace copy, email copy, SMS copy, landing page copy, call scripts, or other approved marketing materials;
• pre-designed pages, hosted pages, private feeds, or landing pages to be used with approved domains, URLs, profiles, placements, or traffic sources;
• assigned telephone numbers, tracking numbers, call routing assets, IVR language, prompts, or call-related materials; and
• any other materials made available by Home Services Lead Group through the Network or otherwise approved in writing.

2.02 Use of Creative Material

a. Ownership and License

All Creative Material is and will remain the sole property of Home Services Lead Group or its licensors, advertisers, buyers, or business partners, as applicable.

Unless otherwise stated in writing, all trademarks, copyrights, service marks, trade names, logos, content, scripts, campaign assets, and other intellectual property associated with the Creative Material are and will remain the sole property of Home Services Lead Group or the applicable rights holder.

Home Services Lead Group grants You a revocable, terminable, non-exclusive, non-transferable, non-sublicensable license to use the Creative Material solely in connection with approved Campaigns and only in accordance with this Agreement, campaign terms, written instructions, and applicable law.

Home Services Lead Group may terminate, suspend, pause, restrict, or modify Your license to use Creative Material at any time, with or without notice, for any reason or no reason, in Home Services Lead Group’s sole discretion.

Home Services Lead Group may determine, in its sole discretion, the date on which You may begin using Creative Material or participating in any Campaign.

b. Control Over Creative Material

Home Services Lead Group may change, revise, remove, replace, pause, or restrict Creative Material at any time in its sole discretion.

You must use only the most current version of Creative Material made available or approved by Home Services Lead Group.

You may not alter, modify, edit, revise, translate, crop, obscure, add to, remove from, or otherwise change any Creative Material without Home Services Lead Group’s prior written consent.

Any unauthorized alteration, modification, or change to Creative Material may result in immediate suspension or termination of this Agreement, termination of Your license to use Creative Material, withholding of payment, and any other remedies available to Home Services Lead Group.

You may not use Creative Material in any way or under any circumstances other than as directed or approved by Home Services Lead Group.

You must obtain Home Services Lead Group’s prior written approval before publishing, launching, distributing, or using any private feed, hosted page, custom page, landing page, website, marketplace listing, social media placement, email, SMS, call script, or other modified or custom campaign asset.

2.03 Placement

Home Services Lead Group may, in its sole discretion, direct the placement, frequency, method, platform, source, or channel of Creative Material.

Unless Home Services Lead Group provides specific instructions, and subject to this Agreement, Campaign terms, and all applicable laws, You may display or distribute Creative Material only through traffic sources, placements, websites, domains, social media accounts, marketplace accounts, databases, call sources, advertising accounts, or channels You own, operate, control, or have been authorized in writing to use.

You must immediately comply with all directions, compliance requests, editorial decisions, removal requests, or placement adjustments issued by Home Services Lead Group.

2.04 Restrictions

You will not, and will not permit, encourage, assist, authorize, or benefit from any person or entity that does any of the following:

• inflate, manipulate, or artificially increase the number of Compensable Transactions through any deceptive, misleading, automated, fraudulent, or improper practice, method, source, script, device, software, bot, robot, redirect, spider, crawler, computer script, AI-generated traffic, simulated user, test traffic, incentivized behavior, non-human traffic, or other method designed to appear like natural consumer intent;
• generate or submit Compensable Transactions from public or open proxy servers, VPNs used to mask identity or location, data centers, IP addresses associated with bot activity, pay-per-view programs, pay-per-surf programs, click farms, lead farms, traffic exchanges, or similar sources;
• take control of a user’s computer, browser, phone, device, app, session, or communication channel through deceptive, unauthorized, or non-consensual means;
• install, execute, or cause the installation or execution of software, code, browser extensions, scripts, malware, spyware, adware, or similar technology on a user’s device without clear consent and legally required disclosures;
• promote, distribute, or publish any Creative Material, advertisement, listing, landing page, communication, content, or placement that is pornographic, sexually explicit, promotes hate or discrimination, contains violence or threats, contains offensive language, defames or impersonates, contains unauthorized incentives, promotes illegal substances or conduct, misrepresents affiliation, is deceptive or fraudulent, violates platform rules, or violates Campaign-specific rules or Home Services Lead Group instructions.

2.05 Intellectual Property Infringement

You will not infringe, misappropriate, dilute, or violate the intellectual property rights, publicity rights, privacy rights, or proprietary rights of any third party, including trademarks, copyrights, patents, trade secrets, service marks, logos, brand names, trade names, domain names, social media handles, or other intellectual property, whether registered or unregistered.

Home Services Lead Group may pause, suspend, or terminate Your traffic if You are found using intellectual property improperly, including third-party names, logos, images, keywords, meta tags, source code, hidden text, ad copy, URLs, marketplace listings, social media profiles, or other materials.

You may not resume activity on the Network until the issue has been resolved to the satisfaction of Home Services Lead Group.

Home Services Lead Group reserves the right to disclose Your contact information to any party making a credible claim of infringement or misuse.

2.06 Compliance Monitoring and Web Crawler

You must publish quality marketing copy that complies with this Agreement, industry best practices, applicable law, platform rules, Campaign requirements, and all required consumer disclosures.

Home Services Lead Group may monitor Your compliance through manual review, automated tools, web crawlers, call monitoring, call recordings, form review, traffic analysis, source audits, compliance vendors, or other review methods.

You consent to Home Services Lead Group’s use of such monitoring methods and agree not to block, impair, mislead, cloak, redirect, or otherwise interfere with Home Services Lead Group’s compliance monitoring.

Home Services Lead Group may include transaction tracking codes, pixels, scripts, call tracking numbers, session identifiers, sub-source identifiers, source IDs, publisher IDs, URL parameters, postback URLs, APIs, cookies, routing logic, or other tracking technologies or methodologies in connection with Creative Material and Campaigns (collectively, “Transaction Tracking Codes”).

You will not modify, circumvent, impair, disable, misrepresent, remove, cloak, redirect, interfere with, or otherwise manipulate any Transaction Tracking Code or other technology, tracking method, compliance control, or methodology required or made available by Home Services Lead Group.

All determinations made by Home Services Lead Group in connection with tracking, routing, attribution, validity, duplicate status, compliance, quality, acceptance, rejection, and payment will be final and binding unless otherwise stated in a signed written agreement.

Home Services Lead Group reserves the right to seed data, audit sources, test tracking, monitor traffic, review calls, record calls where permitted, inspect placements, and use compliance methods to monitor Affiliate’s compliance with this Agreement and applicable law.

4.01 Calculation

Home Services Lead Group will compile, calculate, and post or otherwise make available data derived from Transaction Tracking Codes, call tracking systems, lead systems, advertiser/buyer feedback, payment systems, quality assurance systems, and supplementary sources used by Home Services Lead Group to determine the amount You will be paid.

The amount You will be paid (“Commissions”) will be determined by the number of valid, accepted, payable Compensable Transactions You produce during a given period, as calculated by Home Services Lead Group, at the rate set forth in the applicable insertion order, campaign terms, platform terms, payout schedule, or written approval.

Home Services Lead Group may use advertiser, buyer, service provider, or third-party feedback to determine whether a Compensable Transaction is valid, accepted, payable, rejected, duplicate, fraudulent, non-compliant, or otherwise ineligible for payment.

If, for any reason, including impairment or failure of Transaction Tracking Codes, Home Services Lead Group is unable to provide accurate or complete payment data, Home Services Lead Group may calculate payable Compensable Transactions based on Your historical average for the applicable Campaign, prorated for the applicable period, or such amount Home Services Lead Group reasonably determines is due based on available records.

4.02 Disputes

Any questions or disputes regarding payment data, tracking, attribution, validity, rejected transactions, chargebacks, deductions, or Commission calculations must be submitted in writing — email info@homeservicesleadgroup.com or submit a request through the Affiliate application on this site — within five (5) business days of the date the payment data is posted, reported, or otherwise made available to You.

If You fail to provide written notice within this period, You will be deemed to have accepted the payment data and waived any dispute relating to that period.

The Parties will attempt to resolve payment disputes through good-faith negotiations. If the Parties fail to resolve a payment dispute within thirty (30) days after receipt of the dispute notice, the dispute may be resolved in accordance with the arbitration provisions of this Agreement.

4.03 Timing

Unless otherwise stated in an applicable insertion order, campaign terms, platform terms, or written approval, Home Services Lead Group may pay Commissions on a weekly, bi-weekly, monthly, or other payment cycle determined by Home Services Lead Group.

Home Services Lead Group may require You to meet a minimum payment threshold before payment is issued. If Your account balance is below the applicable payment threshold, Home Services Lead Group may carry the balance forward until the threshold is met.

All payments will be made in U.S. dollars unless otherwise agreed in writing.

Home Services Lead Group may require You to provide tax documentation, payment account information, identity verification, compliance documentation, or other onboarding information before issuing payment, including IRS Form W-9, IRS Form W-8BEN, IRS Form W-8BEN-E, or similar tax identification documentation, as applicable.

Upon termination of this Agreement, Home Services Lead Group will pay eligible, valid, accepted, and unpaid Commissions during the next applicable payment period, subject to Home Services Lead Group’s rights to withhold, offset, deduct, cancel, or reverse Commission payments as set forth in this Agreement.

Home Services Lead Group will not pay Commissions that arise before Affiliate is accepted into the Network, after termination, from invalid or fraudulent transactions, from unapproved sources, or where Home Services Lead Group does not receive payment from the applicable advertiser or buyer.

4.04 Validation of Leads, Calls, and Other Compensable Transactions

A lead, call, form submission, appointment, sale, inquiry, or other Compensable Transaction will be considered valid only if it meets all applicable Home Services Lead Group criteria, Campaign requirements, buyer requirements, advertiser requirements, compliance standards, and applicable laws.

A Compensable Transaction will not be valid if it is generated by automated or non-human sources, is duplicate or fraudulent, fails to meet Campaign requirements, violates applicable law, originates from an unapproved source, is rejected by Home Services Lead Group or the buyer, or is otherwise determined by Home Services Lead Group not to be valid or payable.

Home Services Lead Group has no obligation to pay for any Compensable Transaction that Home Services Lead Group, an advertiser, buyer, customer, or service provider determines does not constitute a valid transaction.

If Home Services Lead Group pays You for a transaction later determined to be invalid, Home Services Lead Group may reduce, offset, or withhold future payments, require a refund, suspend or terminate Your participation, require source-level remediation, and pursue any other available remedies.

4.05 Referral Revenue

Home Services Lead Group may, in its sole discretion, offer a referral program through which You may receive referral revenue for referring new affiliates, publishers, advertisers, buyers, or partners.

Any referral program will be subject to written approval, applicable referral terms, and Home Services Lead Group’s standard verification procedures. Home Services Lead Group may terminate, pause, modify, or discontinue any referral program at any time in its sole discretion.

If You are found tampering with or engaging in fraud in connection with any referral program, You may be terminated from the Network, disqualified from receiving referral revenue, required to refund amounts paid, and subject to all remedies available to Home Services Lead Group.

Home Services Lead Group will have sole ownership of all leads, calls, consumer inquiries, transaction records, recordings, tracking data, form submissions, consumer data, campaign data, routing data, payout data, and related information generated, submitted, routed, processed, or obtained in connection with this Agreement, whether valid or invalid, accepted or rejected, payable or non-payable.

You will not transfer, resell, reuse, or share any leads, calls, consumer data, or associated information with any third party except as expressly authorized by Home Services Lead Group in writing; use any such information for Your own purposes; contact or remarket to consumers outside the approved Campaign flow; copy, scrape, or reverse engineer Home Services Lead Group data; or use any Network data to circumvent Home Services Lead Group or interfere with Home Services Lead Group’s relationships.

To the extent You provide data, content, traffic information, source information, campaign information, or materials to Home Services Lead Group, You grant Home Services Lead Group a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable license to use, reproduce, store, process, analyze, disclose, transmit, display, and otherwise exploit such information as necessary to operate the Network, provide Services, comply with law, validate transactions, prevent fraud, enforce this Agreement, and conduct business operations.

For purposes of this Agreement, any of Your partners, contractors, representatives, agents, publishers, media buyers, traffic sources, vendors, associates, employees, outsourced teams, or other persons or entities that participate in or perform activities for You in connection with the Network will be considered a “Sub-Affiliate.”

All Sub-Affiliates must be pre-approved by Home Services Lead Group in writing. Home Services Lead Group may withhold, deny, condition, limit, suspend, or revoke approval of any Sub-Affiliate at any time, with or without notice, for any reason or no reason, in Home Services Lead Group’s sole discretion.

You may not provide Creative Material, tracking links, phone numbers, campaign access, source IDs, platform credentials, or any other Campaign materials or Network access to any Sub-Affiliate without Home Services Lead Group’s prior written approval.

All Sub-Affiliates must comply with this Agreement, Campaign terms, Home Services Lead Group instructions, and applicable law. You are fully responsible and liable for all acts, omissions, traffic, placements, violations, fraud, non-compliance, and obligations of Your Sub-Affiliates.

Home Services Lead Group may require You to identify all Sub-Affiliates, traffic sources, placements, URLs, social media accounts, marketplace accounts, call sources, sub-sources, and other source-level details at any time.

Home Services Lead Group may issue affiliate rules, campaign rules, buyer rules, traffic source rules, compliance rules, payout rules, technical requirements, operational standards, platform requirements, or other policies applicable to Your participation in the Network (collectively, the “Rules and Regulations”).

The Rules and Regulations are incorporated into this Agreement. You must agree to and comply with the Rules and Regulations to participate in the Network.

Home Services Lead Group may update the Rules and Regulations at any time. Updates may be provided through the platform, email, dashboard notice, campaign instructions, insertion order, written communication, or other method determined by Home Services Lead Group. Your continued participation in the Network after updates are provided constitutes acceptance of the updated Rules and Regulations.

8.01 Term

The term of this Agreement begins when Home Services Lead Group accepts Your application or otherwise permits You to participate in the Network and continues until terminated by either Party as set forth in this Agreement.

8.02 Termination by You

You may terminate this Agreement at any time by providing three (3) days’ written notice to Home Services Lead Group — email info@homeservicesleadgroup.com or submit a request through the Affiliate application on this site.

8.03 Termination and Suspension by Home Services Lead Group

Home Services Lead Group may suspend or terminate this Agreement, Your account, Your access to the Network, Your participation in any Campaign, or any traffic source, sub-source, Sub-Affiliate, placement, or payment at any time, with or without notice, if Home Services Lead Group determines, in its sole discretion, that You have inflated transactions, used prohibited sources, interfered with users or tracking, installed unauthorized software, published prohibited materials, infringed intellectual property, misused Creative Material, violated Rules and Regulations or law, failed to provide documentation, submitted invalid or fraudulent traffic, created risk for Home Services Lead Group or partners, where Home Services Lead Group has not been paid, or where You otherwise breach this Agreement or take action that causes Home Services Lead Group concern.

Determination of any cause for suspension or termination will be made by Home Services Lead Group in its sole discretion and will be final and binding on You. For purposes of this Section, references to “You” include You and all Sub-Affiliates.

8.04 Effect of Termination

Upon suspension or termination of this Agreement for any reason, You will immediately cease using and remove all Creative Material; cease all communications related to Campaigns; all licenses and rights granted to You will terminate; all Confidential Information, Creative Material, leads, consumer data, and other Home Services Lead Group materials in Your possession must be returned, deleted, or destroyed; upon request, You or an authorized officer must certify in writing that all such information has been returned, deleted, or destroyed; and Home Services Lead Group may withhold, offset, cancel, reverse, or delay payments as permitted under this Agreement.

8.05 Force Majeure

Home Services Lead Group will not be liable or considered in breach of this Agreement for delay or failure to perform due to causes or conditions beyond its reasonable control, including acts of God, fires, explosions, vandalism, hacking, cyberattacks, storms, natural disasters, emergencies, acts of terrorism, insurrections, riots, wars, labor difficulties, telecommunications failures, internet failures, network outages, platform outages, vendor failures, buyer system failures, payment processor issues, regulatory changes, or acts or omissions of any third party.

Home Services Lead Group will use commercially reasonable efforts to mitigate the impact of any force majeure event where practicable.

9.01 Power and Authority; Valid Execution

If You are a natural person, You are an adult under the laws where You live, You are legally capable of entering into a contract, and You enter into this Agreement voluntarily.

If You are an entity, You are duly organized, validly existing, and authorized to conduct business in the jurisdictions where You operate. The person accepting or executing this Agreement on Your behalf is authorized to bind You.

This Agreement constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with its terms.

9.02 Laws and Regulations

You are familiar with, have complied with, currently comply with, and will continue to comply with all laws, rules, regulations, industry standards, platform rules, self-regulatory guidelines, and governmental requirements applicable to Your participation in the Network, Your marketing activities, Your traffic sources, Your consumer communications, Your data handling, and Your business operations.

Applicable laws and standards may include the FTC Act, the Telemarketing Sales Rule, the TCPA, federal and state Do Not Call requirements, CAN-SPAM, the Federal Communications Act, GLBA and Regulation P, the FCRA and Regulation V, ECOA, TILA and Regulation Z, FDCPA, Dodd-Frank, state privacy laws including the CCPA, state consumer protection and telemarketing laws, platform rules, and any other applicable local, state, federal, or international laws.

You are solely responsible for ensuring Your marketing, calls, messages, websites, listings, posts, forms, scripts, disclosures, consent language, and data practices comply with applicable law.

9.03 Intellectual Property

You own or possess a valid and current license to use all intellectual property used in Your business and marketing activities. You will not infringe, misappropriate, dilute, or violate the intellectual property rights of any party.

9.04 Data Security

You have implemented and will maintain administrative, physical, and technical safeguards reasonably designed to ensure secure handling of personally identifiable information and Confidential Information; protect against threats to its integrity; protect against unauthorized access, disclosure, alteration, loss, misuse, or destruction; comply with applicable privacy and data security laws; and promptly notify Home Services Lead Group of any actual or suspected data breach, security incident, unauthorized disclosure, or compromise involving Home Services Lead Group data, consumer data, Campaign data, or Confidential Information.

THE NETWORK, SITE, PLATFORM, SERVICES, DATA, SUPPRESSION LISTS, TRANSACTION TRACKING CODES, CREATIVE MATERIAL, CAMPAIGNS, LEADS, CALLS, REPORTING, AND RELATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

HOME SERVICES LEAD GROUP AND ITS AFFILIATES, AGENTS, EMPLOYEES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SUCCESSORS, ASSIGNS, VENDORS, SERVICE PROVIDERS, CUSTOMERS, ADVERTISERS, AND BUYERS MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS, IMPLIED, VERBAL, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, PERFORMANCE, RESULTS, OR UNINTERRUPTED OPERATION.

HOME SERVICES LEAD GROUP DOES NOT WARRANT OR GUARANTEE the quality, accuracy, completeness, legality, or performance of any Campaign; the availability or results of any platform or third-party system; the security or privacy practices of any third party; that any Compensable Transaction will be accepted or payable; any specific volume, payout, conversion, earnings, or business result; or that the Network or Services will be uninterrupted, secure, or error-free.

IN NO EVENT WILL HOME SERVICES LEAD GROUP BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, LOST OPPORTUNITY, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF HOME SERVICES LEAD GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES WILL HOME SERVICES LEAD GROUP BE LIABLE TO YOU OR ANY THIRD PARTY, INCLUDING ANY CONSUMER, CUSTOMER, ADVERTISER, BUYER, OR SERVICE PROVIDER OBTAINED THROUGH YOUR MARKETING EFFORTS, FOR ANY MATTER ARISING FROM YOUR PARTICIPATION IN THE NETWORK.

TO THE FULLEST EXTENT PERMITTED BY LAW, HOME SERVICES LEAD GROUP’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF COMMISSIONS PAID TO YOU BY HOME SERVICES LEAD GROUP DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Home Services Lead Group will not be liable for any damages or claims arising from Home Services Lead Group publishing, disclosing, or sharing Your contact information or source information in connection with fraud prevention, compliance, platform protection, buyer protection, legal compliance, infringement claims, or blacklist reporting related to fraudulent or non-compliant activity.

The disclaimers and limitations of liability in this Section are a material inducement to Home Services Lead Group entering into this Agreement.

11.01 Duty to Indemnify

You will defend, indemnify, and hold harmless Home Services Lead Group and its affiliates, subsidiaries, members, managers, officers, directors, employees, contractors, representatives, suppliers, vendors, service providers, advertisers, buyers, customers, agents, successors, and assigns (collectively, the “Home Services Lead Group Indemnified Parties”) from and against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of any kind, including attorneys’ fees, arising out of or related to any breach of this Agreement; any negligent, reckless, willful, fraudulent, unlawful, or improper act or omission by You or any Sub-Affiliate; Your marketing, advertising, websites, traffic sources, or consumer communications; Your use or misuse of Creative Material, Transaction Tracking Codes, the Network, or Services; any failure to comply with applicable law, platform rules, or buyer requirements; any infringement or violation of intellectual property, privacy, publicity, or consumer protection rights; any invalid, fraudulent, or unlawful traffic; any data breach or misuse of personal information; or any claim by a consumer, regulator, platform, advertiser, buyer, service provider, or third party arising from Your acts or omissions.

11.02 Claim Notice

Home Services Lead Group will provide You notice of any claim for which it seeks indemnification within a reasonable time after obtaining knowledge of the claim. Home Services Lead Group’s failure to provide prompt notice will not relieve You of liability except to the extent You are materially prejudiced by the delay. Your duty to defend applies immediately, regardless of whether Home Services Lead Group has paid any sums or incurred any damages.

11.03 Home Services Lead Group Control of Defense

Home Services Lead Group may select its own legal counsel, represent its own interests, direct its defense, and resolve any matter in its sole discretion.

You will reimburse Home Services Lead Group for costs and attorneys’ fees as incurred upon request and remain responsible for all indemnified losses.

You may not settle any claim in a manner that imposes obligations on Home Services Lead Group, admits fault by Home Services Lead Group, restricts Home Services Lead Group’s business, or affects Home Services Lead Group’s rights without Home Services Lead Group’s prior written consent.

12.01 Confidential Information Defined

“Confidential Information” means all data and information of a confidential, proprietary, sensitive, or non-public nature disclosed by one Party to the other, or information that the receiving Party knows or should know is confidential.

Confidential Information includes business plans, strategies, know-how, marketing plans, sources, suppliers, finances, pricing, business relationships, consumer information, lead information, call information, recordings, technology, employees, trade secrets, information marked or disclosed as confidential, the terms of this Agreement and related Campaigns, all leads/calls/consumer inquiries and related Home Services Lead Group data, and any information obtained through the Network that is not publicly available.

12.02 Recipient Obligations

The receiving Party will not disclose the disclosing Party’s Confidential Information without prior written consent, except as permitted by this Agreement, and will not use Confidential Information for any purpose other than as expressly permitted under this Agreement.

The receiving Party will restrict disclosure to employees, authorized agents, contractors, or advisors who have a legitimate need to know and are bound by confidentiality obligations at least as protective as those in this Agreement, and will use reasonable care, and no less than the care it uses to protect its own similar information, to prevent unauthorized disclosure or use.

A breach of this Section may cause immediate and irreparable harm for which monetary damages may be inadequate. The disclosing Party may seek injunctive relief without posting bond. This Section survives termination of this Agreement for so long as the information remains confidential or as otherwise permitted by law.

12.03 Permitted Disclosure by Home Services Lead Group

Home Services Lead Group may disclose Your Confidential Information, contact information, source information, traffic information, or compliance information to government regulators, law enforcement, courts, or legal authorities; during regulatory inspections, investigations, audits, or enforcement actions; to advertisers, buyers, customers, platforms, service providers, compliance vendors, fraud prevention vendors, or professional advisors; to owners of intellectual property if Home Services Lead Group reasonably believes You have infringed or misused such rights; to prevent fraud, abuse, non-compliance, or harm to the Network; in connection with chargebacks, payment disputes, compliance disputes, or consumer complaints; and where otherwise permitted or required by law.

Home Services Lead Group may also publish or disclose Your contact information or source information on any blacklist, fraud prevention system, compliance network, or industry reporting system as a response to fraudulent, unlawful, or non-compliant activity.

You will not circumvent, bypass, avoid, interfere with, or attempt to circumvent Home Services Lead Group’s relationship with any affiliate, advertiser, buyer, customer, service provider, publisher, contractor, consumer source, vendor, or third party introduced to You, made known to You, or accessed by You through the Network or in connection with this Agreement.

During the term of this Agreement and for six (6) months following termination or expiration, You will not directly or indirectly offer, provide, contract for, solicit, perform, or make available advertising, marketing, lead generation, call generation, publisher, affiliate, marketplace, or promotional services similar to the services provided through the Network to any affiliate, advertiser, buyer, customer, service provider, publisher, contractor, or third party that is known, or should reasonably be known, by You to participate in or have a relationship with Home Services Lead Group, except through Home Services Lead Group.

If You can show that such relationship existed independently before the effective date of this Agreement and was not obtained, expanded, or influenced through Home Services Lead Group, You will not be prohibited from continuing that pre-existing relationship.

You agree that monetary damages may be inadequate for a breach or threatened breach of this Section and that Home Services Lead Group may seek injunctive relief, including temporary and preliminary relief, without the requirement to post bond, in addition to all other remedies available at law or in equity.

14.01 Entire Agreement

This Agreement, together with the Rules and Regulations, applicable insertion orders, Campaign terms, payout terms, compliance requirements, and written approvals, constitutes the entire agreement between You and Home Services Lead Group concerning Your participation in the Network and supersedes all prior agreements, communications, and understandings regarding the subject matter.

14.02 Amendment; Waiver

Home Services Lead Group may update Campaign terms, Rules and Regulations, payout terms, compliance requirements, and platform requirements as described in this Agreement.

Except as otherwise stated in this Agreement, this Agreement may not be amended or modified except by a written instrument signed by both Parties. No waiver of any provision will be effective unless in writing and signed by the waiving Party.

14.03 Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The court or arbitrator may modify the invalid or unenforceable provision to reflect the original intent of the Parties as closely as possible.

14.04 Construction

References to laws include such laws as amended and any successor laws or regulations. The word “including” means “including without limitation.” The word “or” is not exclusive. Headings are for convenience only and do not affect interpretation.

14.05 Binding Effect

This Agreement is binding upon and inures to the benefit of Home Services Lead Group and You and each Party’s respective legal representatives, successors, and permitted assigns.

14.06 Assignment

You may not assign this Agreement or any rights, interests, or obligations under this Agreement, in whole or in part, by operation of law or otherwise, without Home Services Lead Group’s prior written consent. Any attempted assignment without consent is null and void. Home Services Lead Group may assign this Agreement, in whole or in part, without restriction.

14.07 Notices

Any notices required or permitted under this Agreement must be given in writing to the appropriate Party. Notices to Home Services Lead Group may be sent by email to info@homeservicesleadgroup.com, by mail to Alliance VS LLC, 7700 Kester Avenue, Van Nuys, California 91405, or by submitting a request through the Affiliate application on this site. Unless otherwise specified, notices will be effective when received.

14.08 Counterparts; Electronic Signatures

This Agreement may be executed in one or more counterparts, all of which together constitute one instrument. Electronic signatures, click-through acceptance, platform acceptance, or other electronic acceptance methods are sufficient to bind the Parties.

14.09 Choice of Law

This Agreement is governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles.

14.10 Arbitration

Except for claims involving injunctive relief or equitable relief, any claim or controversy arising out of or relating to this Agreement will be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures.

a. Award

The award rendered by the arbitrator will be final, non-reviewable, non-appealable, and binding on the Parties and may be entered and enforced in any court having jurisdiction.

b. Venue for Arbitration

The arbitration will be conducted in Los Angeles County, California, unless the Parties agree otherwise in writing.

c. Confidentiality

Except as required by law or to protect or pursue a legal right, neither Party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both Parties.

d. No Consolidation of Claims

Any claim or controversy will be arbitrated on an individual basis and will not be consolidated with any claim or controversy of any other party unless Home Services Lead Group consents in writing.

14.11 Injunctive Relief

Home Services Lead Group may seek temporary, preliminary, or permanent injunctive relief from a court of competent jurisdiction in California as necessary to protect its rights, Confidential Information, intellectual property, Network, data, consumer relationships, buyer relationships, advertiser relationships, or business interests pending completion of arbitration.

14.12 Costs of Dispute Resolution

If Home Services Lead Group institutes any arbitration, suit, action, or proceeding against You arising out of or relating to this Agreement, including contract, equity, tort, fraud, and statutory claims, Home Services Lead Group will be entitled to recover its costs and expenses, including attorneys’ fees, court costs, arbitration fees, expert fees, vendor fees, and costs incurred in appellate, bankruptcy, collection, or post-judgment proceedings, to the fullest extent permitted by law.

14.13 Recordkeeping; Audit Rights

You will maintain true, accurate, and complete books and records containing information relevant to Your participation in the Network during the term of this Agreement and for two (2) years after termination.

Home Services Lead Group or its agents may review, audit, or inspect relevant books, records, placements, websites, listings, posts, traffic sources, sub-sources, communications, call records, scripts, compliance records, consent records, and other relevant information during regular business hours upon at least five (5) days’ written notice.

If Home Services Lead Group discovers any breach of this Agreement or violation of applicable law, the audit will be at Your sole cost and expense, and Home Services Lead Group may pursue all remedies available at law, in equity, or under this Agreement.

Questions or notices regarding this Agreement may be sent by email to info@homeservicesleadgroup.com or submitted through the Affiliate application on this site.

Alliance VS LLC

7700 Kester Avenue, Van Nuys, California 91405

info@homeservicesleadgroup.com