Best Rate Referrals' Terms of Use

These Terms of Use form independent agreements between you and Best Rate Referrals. The Parties shall be liable to the other for any breach of these Terms of Use. You agree that your only recourse in case of such breach shall be against the breaching party.

TERM OF AGREEMENT AND TERMINATION
This Agreement shall remain in effect as long as you have an account with Best Rate Referrals and shall automatically renew each time you use Best Rate Referrals' services. Best Rate Referrals may terminate this Agreement at any time, for any reason.

MEMBER CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

MEMBERSHIP ELIGIBILITY
Our services are only available to principals and employees of duly organized and licensed mortgage brokers or lenders who are in good standing. We do not accept lenders that engage in predatory lending practices.

BUYING LEADS
If you choose to buy leads you agree to pay the amount according to our pricing schedule in effect at the time you buy the leads. Your purchase is a binding contract subject to the terms of this agreement. If you use a credit card, you agree to not charge back your card for any reason. If you use a check, you agree to not stop payment on the check for any reason. If you charge back your credit card, or if your check or draft is not honored by the bank for any reason, you agree to pay a $100 service fee. You also agree to pay any collection costs and/or attorney fees should collection action be initiated.

TELEMARKETING LEAD RETURN POLICY
You may return leads within 48 hours of purchase if any of the following conditions are not met:

• Minimum loan amount of 100k
• Nothing less than a percentage of 6.5% on a 30 year fixed rate unless the borrower is looking to consolidate debt or wants cash out
• Borrower must not be upside down on their mortgage
• Valid phone number

Best Rate Referrals reserves the right to verify the reported inaccuracies and, in Best Rate Referrals sole discretion, determine whether the return is valid. If it is determined that the return is not valid the charge for the lead will stand and no replacement will be issued. You may not receive a replacement if the borrower changes his/her mind about getting a loan, got the loan elsewhere, does not call you back or says they are not interested.

REFUND POLICY
You may receive a refund if you were over billed due to a technical error or if we can not deliver the leads that you have ordered within a 3 month period. Best Rate Referrals will not refund any amount back due to lead quality and will only replace the lead if they do not meet the stipulations above.

CONTACTING BORROWERS
If you take delivery of leads you agree to promptly contact the borrower and to offer the prospective borrower your most competitive rates and highest level of service. Furthermore, you agree to respect a prospective borrowers' privacy and honor any requests to be removed from any future contact list by you and to report their request to Best Rate Referrals within ten (10) business days.

UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Best Rate Referrals Web Site you warrant to Best Rate Referrals that you will not use the Best Rate Referrals Web Site for any unlawful purpose.

RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

CONFIDENTIALITY
The information provided to you by Best Rate Referrals is proprietary to Best Rate Referrals and is considered to be confidential information. You shall take all reasonable steps to assure that the confidential information shall not be disclosed by you to others, in whole or in part. You may use the information only for business purposes. You may tell the prospective borrower that you received their request from Best Rate Referrals, however you may not share the actual lead data with the prospective borrower or any other third party for any reason.

RELEASE
Best Rate Referrals is not involved in the actual transaction between the parties. Best Rate Referrals does not guarantee the data contained in the leads, your results or that you will close a loan with our leads. In the event that you have a dispute with one or more clients obtained through a lead, you release Best Rate Referrals (and our officers, directors, agents, subsidiaries and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

COPYRIGHT AND TRADEMARKS
All contents of the Best Rate Referrals Web Site are proprietary to Best Rate Referrals, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. Best Rate Referrals reserves any rights not expressly granted herein.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Best Rate Referrals against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms of Use.

MISCELLANEOUS
This Agreement constitutes the complete and exclusive agreement between you and Best Rate Referrals and supercedes any prior Agreements between the parties with respect thereto. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

Best Rate Referrals reserves the right at any time to change the terms of this Agreement, effective immediately upon making the modified provisions available on the Best Rate Referrals Web Site. You are responsible for regularly reviewing these documents. Continued use of the Best Rate Referrals Web Site after any such changes shall constitute your consent to such changes. Best Rate Referrals does not and will not assume any obligation to notify you of any changes to the Terms of Use.