Goldmills Marketing Leads

Goldmills Marketing Leads
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What our customers say. . .
I've been working [the leads] since yesterday and let me ask you....WHERE HAVE YOU GUYS BEEN FOR THE YEAR I HAVE BEEN IN THIS BUSINESS!!?? The people I'm meeting are really looking for results and I'm getting sales. . .
Diane, D., Arkansas
80% of the of the people were very interested, I signed up 1 online which is rare, and 20% I'm mailing out apps or sending them to the website to get signed up. . . Thanks for the great leads!
Alex K., California
About our Goldmills Builder Pack
This 125 Lead Package comes with the following:
25 Real-Time Tour Leads
50 Real-Time Bizop Leads
50 Double Opt-In Email Leads

Please note: All types of leads will NOT be delivered at the same rate. Your entire order will be delivered over the course of 1 to 30 days

Coupons are not eligible for use with Lead Packages.

These leads are from the United States and Canada ONLY.

*Conditions apply. See our Terms and Conditions below for details.
What Are Your Standard Terms?
Leads and Services Usage   Terms & Conditions (v.6.09.06)	

I  Leads
 
During the term of this Agreement, LeadsToWealth, Inc hereby agrees to grant the purchaser (Licensee) the right to use leads purchased from LeadsToWealth, Inc.
 
The Leads, to the extent inventory so allows, are to be delivered in the quantity and frequency set forth in the corresponding insertion order and/or purchase agreement (whether placed via telephone, website or email).
 
In addition, the Leads provided shall contain either a valid telephone number or a valid email address, and shall not be duplicative of any Leads previously provided to Licensee by LeadsToWealth, Inc during the term of this Agreement.  Should any Lead provided not contain either a valid telephone number or email address or, in the alternative, be duplicative of Leads previously provided to Licensee by LeadsToWealth, Inc during the term of this Agreement, then LeadsToWealth, Inc agrees to give Licensee a credit for each such Lead if, and only if, Licensee identifies the defective Lead in writing and notifies LeadsToWealth, Inc through the Licensee's customer account within 72 hours of delivery of the corresponding Lead(s).  Licensee hereby agrees that all Leads provided to it comply in all material respects with the terms of this Agreement unless Licensee provides LeadsToWealth, Inc with written notification of the Lead(s) that Licensee believes are defective or non conforming within 72 hours of delivery of the corresponding Lead(s).  LeadsToWealth, Inc’s obligation to provide credit for Leads is limited to a maximum number of Leads that is equal to 200% of the total number of Leads that Licensee purchased in the corresponding transaction. Licensee shall, under no circumstances, be entitled to a refund. However, LeadsToWealth, Inc reserves the right to issue, at its sole discretion, a partial refund.

II  Services

LeadsToWealth, Inc. may provide training services, training systems, training tools, business strategies, marketing materials, and sales strategies and tools (such as, but not limited to, scripts, templates, processes, websites, letters, e-mail content, and e-mail distribution) (collectively hereinafter “Services”) to convert Leads and/or other individuals into customers.  

III. Terms of Use
 
a.	Lead Use.  During the term hereof and subject to the other terms and conditions of this Agreement, LeadsToWealth, Inc grants to Licensee a non transferable, non assignable limited license to use the Leads as follows:

1.	The Leads provided to Licensee shall be exclusively provided to Licensee for a period of   30 days for fresh leads, 0 days for aged leads   following delivery by LeadsToWealth, Inc of the corresponding Leads   unless otherwise noted in the corresponding insertion order, purchase agreement and/or Lead description.  Thereafter, to the extent this Agreement is in effect, Licensee’s right to use the Leads shall be non exclusive.
2.	LeadsToWealth, Inc is not responsible for the use of its Leads by Licensee or any other end user.  
3.	Licensee agrees to use the Leads in a manner that strictly complies with all applicable state, federal, and international laws. This includes, but is not limited to, the CAN SPAM Act of 2003 and all State laws that regulate e mail marketing, including email marketing to minors.
4.	Licensee agrees not to falsify transmission (header) information in any and all electronic mail it directly and/or indirectly initiates or causes to be sent to the Leads, or to take any other steps to disguise the true origin of the electronic mail and sender.
5.	Licensee agrees to only send electronic mail to Leads from a valid and working electronic mail address to which the Leads may respond.  
6.	Licensee agrees to include the following information in all of the electronic mail it directly and/or indirectly initiates or causes to be sent to the Leads:  1) accurate electronic mail subject heading line; 2) the Licensee’s physical mailing address; and 3) a clear and conspicuously displayed mechanism for the Leads to unsubscribe or “opt out” of receiving any further electronic mails (said mechanism to remain operational for not less than 30 days after transmission of the corresponding email).
7.	Licensee agrees to cease sending email to any and all Leads that have requested to “opt out” or unsubscribe within seven (7) days of the corresponding request. 
8.	Licensee agrees not to use the Leads to market to a minor any product or service that the minor may not lawfully purchase.
9.	Licensee hereby agrees not to copy, attempt to create, or permit others to attempt to create, by reverse engineering or otherwise, any part of the source code for the software used by LeadsToWealth, Inc. to provide, generate, and/or deliver the Leads.

b.	Services Use.  During the term hereof and subject to the other terms and conditions of this Agreement, LeadsToWealth, Inc grants to Licensee a non transferable, non assignable limited license to use the Services as follows:

1.	Licensee agrees to use the Services solely to convert Leads into customers and not for any other purposes whatsoever.
2.	All rights not expressly granted herein are reserved by LeadsToWealth, Inc..  LeadsToWealth, Inc. does not grant any implied license under any patents, trademarks, trade secrets, copyright or other proprietary rights held by LeadsToWealth, Inc. in its Services and/or to the underlying software used by LeadsToWealth, Inc. and/or to any derivative works based, in whole or in part, upon the Services whether or not created by LeadsToWealth, Inc. and/or Licensee.  Except as or if otherwise expressly set forth herein-below, Licensee shall have no right to receive any software, data, or other materials or information under this Agreement.  
3.	Licensee has no right or interest whatsoever in the content of LeadsToWealth, Inc.’s database (both the content thereof and its structure, sequence and/or organization), LeadsToWealth, Inc.’s scripts, LeadsToWealth, Inc.’s templates, LeadsToWealth, Inc.’s training systems, LeadsToWealth, Inc.’s training tools, LeadsToWealth, Inc.’s business and/or sales strategies, and/or the Services.  In addition, it is hereby agreed that this Agreement does not create any implied entitlement in Licensee’s favor in and/or to LeadsToWealth, Inc.’s Services, data, business model, scripts, database structures, database sequences, database organization, templates, training systems, training tools, scripts, websites, letters, processes, business and sales processes, websites, letters, customer relationships, and/or revenue.  
4.	Licensee hereby agrees not to copy, attempt to create, or permit others to attempt to create, by reverse engineering or otherwise, any part of the source code for the software used by LeadsToWealth, Inc. to provide, generate, and/or deliver the Services.  
5.	Licensee hereby agrees not to copy, attempt to create, or permit others to attempt to create any part of the Services, including, but not limited to, the data, business model, scripts, database structures, database sequences, database organization, templates, training systems, training tools, scripts, websites, letters, processes, business and sales processes, websites, letters and/or e-mail messages.

IV.  Additional Terms
 
This Agreement shall begin as of the Effective Date and shall remain in full force and effect until terminated by either party in a manner consistent with the terms and conditions set forth herein.

a.	License Restrictions

1.	All rights not expressly granted herein are reserved by LeadsToWealth, Inc.  This Agreement does not grant to Licensee the right to use the Leads or Services for any other purpose not expressly set forth above.  LeadsToWealth, Inc does not grant any implied license under any patents, trademarks, trade secrets, copyrights or other proprietary rights held by LeadsToWealth, Inc.  The use by LeadsToWealth, Inc of an Online Lead Generation Form prepared by Licensee or any third party does not grant to Licensee or any third party any rights whatsoever in and/or to the Leads generated therefrom.
2.	Licensee agrees not to use the Leads and/or Services  in any manner that is deceptive, improper, wrongful, unethical, and/or unlawful.  

b.	Confidential Information

1.	“Confidential Information” shall mean the following for purposes of this Agreement:

i.	Any LeadsToWealth, Inc. information, product idea, know-how, data, process, technique, design, drawing, program, formula or test data, work in process, data, business model, script, database structure, database sequence, database organization, template, training system, training tool, letter, process, business and sales process, and/or engineering, marketing, financial, sales, supplier, customer, employee, investor or business information, whether in oral, written, graphic, or electronic form; and
ii.	any LeadsToWealth, Inc. document, diagram, drawing, computer program or other communication which is either conspicuously marked "confidential", known or reasonably known by the other party to be confidential, or is of a proprietary nature and is learned or disclosed in the course of discussions, studies, or other work undertaken between the parties.

2.	Licensee covenants and agrees it shall not, for any reason or under any circumstance at any time, directly or indirectly use, convert, apply, appropriate, employ, alter, transform, assign, put into operation or otherwise use any of the Confidential Information, in whole or in part, for any purposes whatsoever.  Licensee acknowledges any such action taken by it is in contravention to this Agreement and is strictly prohibited.

3.	Licensee and its respective employees and agents agree that during the term of this Agreement and for a period of ten years after the later of the expiration and/or termination of the term of this Agreement, Licensee will not at any time disclose to any person or use for its own benefit or the benefit of anyone Confidential Information without the prior written consent of LeadsToWealth, Inc.

4.	Prior to disclosure of any Confidential Information received, the Licensee will obtain from all consultants it retains a written agreement to (a) hold all Confidential Information in confidence and not to use such information for any subsequent business relationship between the parties; and (b) to return all Confidential Information received immediately after consultant has completed its work to the party for whom said information was received.

5.	Licensee agrees to promptly deliver to LeadsToWealth, Inc. documents reflecting Confidential Information and all copies made thereof which the Licensee or its agents or representatives may have made, may have access to, or may receive or possess during the term of this Agreement.  Upon the expiration and/or termination of this Agreement, the Licensee shall promptly deliver to LeadsToWealth, Inc. any and all such Confidential Information in its possession or under its control and shall make, at LeadsToWealth, Inc.’s request, its facilities, files, and computer equipment accessible for LeadsToWealth, Inc. and/or its agent to confirm compliance by Licensee with this Section 11 of the Agreement.

6.	Licensee hereby represents and affirms that LeadsToWealth, Inc. will suffer irreparable injury in the event of a breach by Licensee of this Section IV(b) such that an award of injunctive relief is appropriate and justified.

c.	Reporting and Payment

Licensee agrees to remit payment to LeadsToWealth, Inc in the manner set forth herein and/or in any insertion order and/or purchase agreement (as applicable).  

 	d.    Disclaimer

1.	LeadsToWealth, Inc. does not guarantee that the Leads and/or Services provided pursuant to the terms of this Agreement will generate revenue to Licensee.  LeadsToWealth, Inc does not guarantee that the Leads provided can be contacted by Licensee or that the Leads provided are not otherwise available from another source separate from LeadsToWealth, Inc.  LeadsToWealth, Inc makes no representation whatsoever regarding the suitability, creditworthiness, viability, or legitimacy of the Leads.  LeadsToWealth, Inc exercises no control over, and accepts no responsibility for, the acts and/or omissions of the Leads. LeadsToWealth, Inc. makes no representation regarding whether the use by Licensee, or by LeadsToWealth on behalf of Licensee, of the Leads is authorized pursuant to the Federal Trade Commission’s and Federal Communications Commission’s Telemarketing Sales Rules (a.k.a. Do Not Call Registry) or various federal and state laws regarding e mail marketing. LeadsToWealth, Inc makes no representation regarding whether the use by Licensee of the Leads is authorized pursuant to the Federal Trade Commission’s and Federal Communications Commission’s Telemarketing Sales Rules (aka “Do Not Call Registry”).  Except as otherwise expressly set forth in this Agreement, the Licensee hereby agrees that the Leads are provided on an “as is, as available” basis.
2.	LEADSTOWEALTH, INC. MAKES NO EXPRESS OR IMPLIED WARRANTY, TO THE EXTENT PERMISSIBLE BY LAW, OTHER THAN THE WARRANTIES EXPRESSED IN THE LICENSE SUMMARY, IF ANY, AND SPECIFICALLLY DISCLAIMS ANY WARRANTIES OF MERCHANABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 
e.   Licensee Remedies

In all cases involving a failure of the Leads to conform to the express terms set forth in the corresponding insertion order or purchase agreement, LeadsToWealth, Inc’s sole obligation, and Licensee’s sole and exclusive remedy, is for LeadsToWealth, Inc to provide a credit to Licensee in an amount not greater than the amount actually paid by Licensee to LeadsToWealth, Inc for the corresponding Lead(s) if, and only if, Licensee notifies LeadsToWealth, Inc in writing through Licensee’s customer account within 72 hours of its receipt of the corresponding Lead(s). LeadsToWealth, Inc’s obligation and Licensee’s sole and exclusive remedy is expressly limited to a maximum credit equal to 200% of the total number of leads purchased in this transaction.
 
f.   Property Rights

All property rights in the Leads and Services and any included materials provided to Licensee, including any and all derivative works based, in whole or in part, thereon, whether or not authored in whole or in party by LeadsToWealth, Inc. and/or Licensee, remain the sole and exclusive property of LeadsToWealth, Inc and are protected by United States copyright laws and any copyright laws of other countries.

g.  Indemnity

Each party hereto agrees to indemnify, defend and hold the other party harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including attorneys’ fees and related costs, which (1) arise solely or in part from the act(s) and/or omission(s) of the indemnifying party; or (2) arise from or are related to a breach by the indemnifying party of any express warranty contained herein.

h.  Governing Law;  Severability
 
This Agreement is governed by the laws of the State of California without giving effect to its conflict of law provisions and any and all disputes arising from and/or related to this Agreement shall be exclusively brought before a court located within the State of California, County of San Diego.  All parties hereby consent to jurisdiction of the courts located within the County of San Diego, California for any and all actions arising from and/or related to this Agreement.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.  Section headings are for convenience only and will not be considered part of this Agreement.  If any portion of this Agreement is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of this Agreement.

i.  Term and Termination

1.	This Agreement shall remain in full force and effect until terminated pursuant to the terms herein-below.
2.	This Agreement may be terminated by either party by submitting one week’s advance written notice to the other. 
3.	This Agreement may be immediately terminated by either party (1) in the event of a breach by either party of an express warranty contained herein; (2) if either party becomes insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for the benefit of creditors, becomes subject to direct control of a trustee, receiver or similar authority, or is the subject of reorganization; or (3) in the event either party becomes subject to any bankruptcy or insolvency proceeding under federal, state or foreign statutes.
4.	Subject to paragraph IV(u), upon termination of this Agreement by either party, all rights conferred by LeadsToWealth, Inc.  
 
 	j.  Entire Agreement
 
This Agreement, together with any accepted insertion orders, purchase agreements, addendums, exhibits, amendments and schedules hereto, shall constitute the entire agreement and understanding between LeadsToWealth, Inc and Licensee with respect to the subject matter hereof and supersedes any prior representations, agreements, and/or understandings between the parties on these subjects.  Any different or additional terms in any documents furnished by Licensee are specifically objected to and will not become part of this Agreement.  This Agreement may be amended or superseded only by a written instrument executed by LeadsToWealth, Inc and Licensee This Agreement shall not be deemed accepted by, or binding upon, either party until executed by authorized representatives of both parties.  This Agreement shall be binding upon and inure to the benefit of the successors and assigns of LeadsToWealth, Inc and Licensee. 

k.  Assignment
	
This Agreement or any interest therein shall not be assigned by Licensee without the prior written consent of LeadsToWealth, Inc, which consent shall not be unreasonably withheld.

l.  Representations and Warranties

1.	Each party represents and warrants to the other that it has full right and authority to enter into this Agreement and to perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any agreement between itself and a third party; and that the provisions of this Agreement are binding upon and enforceable against it except as may be limited by applicable bankruptcy laws and other laws affecting creditors rights. 
2.	Licensee represents and warrants that it will not engage in, nor cause LeadsToWealth, Inc. to engage in, any deceptive or unlawful trade practice and that it will comply in all respects to all applicable laws, including, but not limited to, the CAN SPAM Act of 2003 and various state laws that regulate e mail marketing; that the information set forth in the Online Lead Generation Form is true and accurate to the best of Licensee’s knowledge; and that the Online Lead Generation Form does not infringe the intellectual property rights of any third party.
3.      Licensee represents and warrants that it has reviewed the content of all e-mail messages that LeadsToWealth, Inc. will send on helf of Licensee and that Licensee approves of, and takes full responsibility for, the content thereof.
4.	Licensee represents and warrants that it will provide free sample products to all Leads if the Licensee is advised that the said Leads have furnished their identifying information in consideration for receiving such free sample products.  The quantity and quality of the free sample products must be in substantial conformance with the descriptions originally provided to each of the corresponding Leads. 
5.	Licensee represents and warrants that it will not market to a minor any product that the minor may not lawfully purchase.
6.	Licensee represents and warrants that it will fulfill each and every obligation made toward each Lead and that it will comply, in all material respects, with all prior representations made to the Lead;  it being understood by Licensee that some Leads may be delivered with certain pre-existing obligations owed to the Lead that Licensee will need to fulfill and does hereby agree to fulfill, such as, but not limited to, the delivery of information, product, and/or services.  Licensee agrees that it shall, at its sole cost and expenses, deliver all such information, product, and/or services to the Lead and perform in strict compliance with all prior representations made to the corresponding Lead.
   
	m.  Credit Card and Checking Account Billing Authorization

Licensee does hereby declare that the aforesaid party is: 1) the holder of the credit card used to place this or the corresponding order, 2) authorized by the holder of the credit card used to place this or the corresponding order; 3) authorized by the account holder of the checking account used to place this or the corresponding order; or 4) authorized by the owner of the checking account used to place this or the corresponding order, to use either the credit card or checking account to pay for the Leads and Services and related charges as per this Agreement and/or the applicable insertion order and/or purchase agreement. 

Licensee does hereby authorize LeadsToWealth, Inc. to bill the credit card submitted or withdraw funds from the checking account provided for all charges due pursuant to the terms of this Agreement (or the corresponding insertion order and/or purchase agreement) until such time as this Agreement is terminated pursuant to this Agreement and all sums due and owing by Licensee to LeadsToWealth, Inc. have been paid. Licensee hereby authorizes LeadsToWealth, Inc. to obtain funds equal to the full amount of the purchase price as deposit in advance of shipping. It is agreed that because this transaction occurred over the Internet, it is not necessary for the credit card to be present or for a paper check to be signed for any legitimate charges to be valid. It is further agreed that this authorization is negotiated in the city of San Diego, California. 

n.	Limitation of Liability

In no event shall LeadsToWealth, Inc. and/or its officers, directors, employees, contractors, licensors, licensees, and/or suppliers be liable to Licensee for any indirect or direct lost profits, or other incidental, consequential, or special damages, even if advised of the prospect of such damages arising out of the failure of the Leads and/or Services and/or the failure of the underlying software to operate and/or remain accessible. 
 
In no event will LeadsToWealth, Inc.’s total cumulative liability hereunder, from all causes of action of any kind, including contract, tort (including negligence), strict liability, breach of warranty, misrepresentation, or otherwise, exceed the lesser of either the total amount paid by LeadsToWealth, Inc. to Licensee hereunder and/or, if applicable, the total amount paid by Licensee to LeadsToWealth, Inc. under this or any other agreement with LeadsToWealth, Inc.

o.  Copyright

All rights and interests in and/or to the Services and underlying software, data, business models, scripts, database structures, database sequences, database organization, templates, training systems, training tools, scripts, websites, letters, processes, business and sales processes, websites and/or letters, together with all graphical, access, integration, interfacing, and other related materials provided to Licensee by LeadsToWealth, Inc., remain the sole property of LeadsToWealth, Inc. and may only be used by Licensee pursuant to the express terms of this Agreement.

p.  Independent Contractors
	
Nothing contained herein shall in any way be construed to interpret this Agreement as creating a partnership, joint venture, employment or franchise relationship between the parties hereto. 
 
It is expressly agreed that Ltw and Affiliate are acting hereunder as independent contractors and under no circumstances shall any of the employees of one party be deemed the employees of the other for any purpose.  

This Agreement shall not be construed as authority for either party to act for the other party in any agency or other capacity, or to make commitments of any kind for the account of or on behalf of the other except to the extent and for the purposes expressly provided for herein.  In this regard, neither party shall hold itself out contrary to the terms of this Section, and neither party shall become liable for the representation, act or omission of the other contrary to the provisions hereof.

q.  Attorneys’ Fees and Costs

If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which the party may be entitled.

r.  Notices

Any notices hereunder shall be given to the appropriate party at the address specified above or at such other address as the party shall specify in writing.  Notice shall be deemed given: (a) upon personal delivery; (b) if sent by fax, upon confirmation of receipt (by person or machine); (c) if sent by certified mail, postage prepaid, three days after the date of mailing; (d) if sent by electronic mail, upon the day after the date on which such notice has been sent; and (e) if sent by nationally recognized overnight courier service capable of verified receipt, upon the day after the date on which the notice is delivered to the overnight courier for next day delivery (provided verified receipt is obtained by such courier).  

s.  Force Majuere

Neither party shall be held responsible for any delay or failure in performance of this Agreement caused by fire, hurricane, tornado, earthquake, tidal wave, meteor strikes, civil war, Internet brown-outs or black-outs, computer hacking, or acts of terrorists ("Force Majuere") if the effects of such Force Majuere could not have been avoided through the application of reasonable foresight or diligent effort. Notwithstanding the foregoing, a shortage of liquid funds is never an event of Force Majuere.

t.  No Third Party Beneficiaries

No person who is not a party to this Agreement shall have or acquire any rights by reason of this Agreement nor shall any party hereto have any obligation or liability whatsoever to any such person by reason of this Agreement. 

u.  Survival 

Sections III(a)(9), III(b)(3)- (5), IV(a)(1), IV(b)(1)-(6), IV(c), IV(c), IV(d)(1) & (2), IV(e), IV(f), IV(g), IV(h), IV(i)(4), IV(j), IV(l), IV(m), IV(n), IV(o), IV(p), IV(q), IV(r), and IV(u) shall survive the termination of this Agreement.

v.  Disclosure of Third Party Referral Fees

Licensee is hereby informed that LeadsToWealth, Inc. may share a portion of the revenue it receives from Licensee with certain third parties, such as the individual(s) that referred Licensee to LeadsToWealth, Inc.  By entering into this Agreement, Licensee hereby consents to the payment by LeadsToWealth, Inc. to such third parties of such referral fees and/or commissions.




I have read and agree to the terms set forth in this Agreement.
 
No modifications to these terms have been made in the course of this transaction. By accepting and clicking the "I have read and agree to the above" checkbox below, both parties agree to abide by this Agreement.
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