This Agreement, together with all supporting documents for this Agreement, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement. To the extent that there is a discrepancy between the terms of this Agreement and the Offer or Modification Order issued in connection with the provision of the Services, the Offer shall prevail. This Agreement may only be modified or terminated if netsertive and the Customer writes it in writing. The provisions of this Agreement supersede all competing oral agreements and all prior oral and written notices and agreements between the parties with respect to the subject matter of this Agreement. « Service » means the performance of a task, the provision of advice and assistance, assistance, support or access to a resource (for example. B a database of information) that you may authorize the Company to market. « Remarker » means a business entity that purchases products or services for marketing purposes. Customer hereby engages Netsertive, Inc. (« Netsertive ») to provide digital marketing services (« Services ») as described in one or more offerings (« Offering »). The terms and conditions contained in this Marketing Service Agreement (« Agreement ») are attached to the Offer. In the event of any conflict between the terms of this Agreement and any Offer, the terms of this Agreement shall prevail. The services will leverage Netsertive`s proprietary technology, service networks, and qualified marketers.
The services are provided only for the benefit of the customer. Customer may not resell or provide the Services to or for the benefit of other third parties or allow third parties to use the Services. At any time during the term of this Agreement, Customer may request future additions or modifications to the Services (each, a « Change »). No modification will be considered a supplement or modification of the Services, except in accordance with a duly executed successor offer agreed by the parties. The current version of the Terms and Conditions can be found online at www.netsertive.com/marketing-services-agreement-terms/ Some of these companies focus their marketing funds on third-party media channels such as radio, magazines or television. Some go through marketing services agreements where they work with service providers who market their services to a pool of potential buyers. This can be very profitable. If settlement service providers can market their services more profitably, this cost reduction can be passed on to buyers in the form of low-cost services. The Real Estate Settlement Procedures Act (RESPA) states that the value cannot be exchanged for a transfer to a specific settlement service provider. The Consumer Financial Protection Bureau (CFPB) also regulates these transactions. Under RESPA, Article 8(c)(2) allows the exchange of money between these companies for services rendered. The amounts paid cannot depend on the volume of references.
In 2010, HUD stated that direct sales calls are not allowed for some service providers. The CFPB stated: Many settlement service providers have compiled a list of best practices to help service providers understand all of these regulations for commercialization service agreements. For example, a best practice is to indicate that there is no explicit agreement on references between the two parties creating the OSM. Another good practice is to avoid presentation language that portrays a particular service provider as « preferred » or in some way as « exclusive ». Neither company should pay for direct presentations to the other company`s customers, and this should be clearly stated in the marketing service agreement. Also add language that prohibits both companies from paying for access to each other`s customers. The term of this Agreement will begin on the date of this Agreement and will last for the initial term specified in the Offering (the « Term »), unless terminated earlier in accordance with the terms of this Agreement. This period will be automatically extended for consecutive periods, unless one of the parties notifies in writing its intention to terminate within 60 days of the expiry of the period then in progress. The duration in which the individual services are provided is specified in the respective offer. Either party may terminate this Agreement or any applicable Service Plan upon written notice (i) if the other party materially breaches any of its obligations under this Agreement and fails to remedy such breach within 30 days of notice, or (ii) the other party makes a general assignment for the benefit of creditors, an application for voluntary bankruptcy (or an involuntary bankruptcy filing, which is not discharged within 60 days). has appointed an insolvency administrator or is otherwise declared insolvent.
The term of this Agreement may be extended by the performance of offers under this Agreement, and this Agreement shall survive the completion of all Offerings and their terms. Make sure your MSA considers state, federal, and local regulations for these types of transactions and marketing practices. Also note the Unfair, Deceptive or Abusive Acts and Practices Act (UDAAP) and the Truth in Loans Act (TILA), which affect marketing services contracts. A marketing services agreement helps define the conditions under which companies can refer home buyers to a particle processing service provider. Read 3 min 8.1 Each party agrees to keep confidential all confidential information it has received from the other party and to use it only to the extent permitted by this Agreement. « Confidential Information » means all non-public commercial, technical and financial information disclosed under this Agreement. Netsertive`s Confidential Information includes the technology, knowledge, expertise and algorithms used in connection with the Services. Netsertive owns and retains exclusive ownership of all intellectual property rights in the Services and all related technologies, software, algorithms, methods and techniques, including intellectual property created in connection with the Services.
Customer may not reverse engineer, disassemble, decompile, or otherwise derive or attempt to derive the source code, source files, or any component or structure of the software provided by Netsertive, and may not grant access to the Service to any third party. Confidential information does not include information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was lawfully in the possession of the receiving party prior to disclosure by the disclosing party; or (iii) received by the receiving party from a third party that was not subject to confidentiality obligations. Upon termination, each party shall immediately return or destroy all assets in its possession of the other party and return or destroy any material containing confidential information. 8.2 In order to continuously improve Netsertive`s products and services, respond to market forces on behalf of the Customer and provide data analysis services, Netsertive has, notwithstanding an irrevocable, perpetual and worldwide law and license to use, reproduce, modify and distribute the data created as a result of or in connection with the services provided hereunder. including aggregated records that may contain Customer`s program data. This data is only used as part of a broader and anonymized data collection so as not to contain any attribution or identification of the customer. In addition, to the extent that Customer authorizes Customer to participate in a marketing campaign or receive services from a Qualified Distribution Partner, Customer agrees that Netsertive has the right to provide such Qualified Channel Partners with information relating to the Services provided to such Qualified Channel Partner. 5.1 The Customer grants all rights of use and is solely responsible for the content of all advertisements and marketing programs provided in connection with the Services. The customer agrees to comply with all applicable laws with respect to the use and provision of this content….