New Home Referral Network.com

NEW HOME REFERRAL NETWORK
MARKETING SERVICES AGREEMENT

           

This Marketing Services Agreement (this “Agreement’) is hereby made and entered into on this ______ day of _________________, 20____ (the “Effective Date”) by and between Archadeck Outdoor Living (“Client”) and Newlife Options, LLC (“Service Provider”).

 

RECITALS

WHEREAS, Service Provider is the owner and operator of the Websites listed on www.NewHomeReferralNetwork.com/archadeck which can be used by Client to market their products and services to New Home Buyers, New Home Builders, Homeowners and Real Estate Agents; and

WHEREAS, Client wishes to obtain the services of Service Provider to market their products and services to New Home Buyers, New Home Builders, Homeowners and Real Estate Agents.

NOW, THEREFORE, in consideration of the premises and mutual obligations contained herein, and intending to be legally bound, the parties hereto agree as follows:

 

A.   MARKETING SERVICES

1.   WEBSITE - Service Provider shall provide Client's Franchisees with the use of the Websites listed on www.NewHomeReferralNetwork.com/archadeck where Client has current locations. 

2.   BANNER ADVERTISEMENT - Service Provider agrees to provide Client's Franchisees with a Banner Advertisement on the "Sponsors", "Builders", "New Home Buyers" and "Referral Network" pages of the Websites listed on www.NewHomeReferralNetwork.com/archadeck where Client has current Franchisees. Service Provider agrees to provide Client with a link to their Franchise Opportunity website on the "Sponsors", "Builders" and "New Home Buyers" pages of the Websites listed on www.NewHomeReferralNetwork.com/archadeck. On the Websites listed on www.NewHomeReferralNetwork.com/archadeck where Client does not have current Franchisees, Service Provider agrees to provide Client with Banner Advertisements on the "Sponsors", "Builders", "New Home Buyers" and "Referral Network" pages of these Websites promoting Client's Franchise opportunity.   

3.   WEBSITE PRESENTATION - Service Provider agrees to provide Client's Franchisees with a "Presentation" that promotes their website and their products and services on the Websites listed on www.NewHomeReferralNetwork.com/archadeck where Client has current locations. 

4.   REFERRAL NETWORK TRAINING/SAMPLE FLIERS/SCRIPTS/MEDIA - Service Provider agrees to provide Client's Franchisees with a "How to Network" training program, "Sample Fliers", and "Scripts/Media" as presented on the links for the Websites listed on www.NewHomeReferralNetwork.com/archadeck where Client has current locations.  

5.   EXCLUSIVE MARKET AREA - Client agrees that Service Provider will be the Exclusive Outdoor Living business on the 50 Websites and Market Areas listed on www.NewHomeReferralNetwork.com/archadeck. While it is Service Providers intent to have Exclusive Businesses in the New Home Referral Network, some of these Exclusive businesses may provide products and services that compete or overlap with Client's products or services.

6.   BUILDER DATABASE - Service Provider agrees to provide and maintain a database of New Home Builders on the 50 Websites and Market Areas listed on www.NewHomeReferralNetwork.com/archadeck with connections and information regarding the Builder’s price ranges, websites, communities, and new homes whereas made available to Service Provider by the Builders listed on the "Referral Network" page of these websites.

·    Limitation of Services – Client agrees and understands that Service Provider is not required to perform Marketing Services outside the realm of those detailed above.

B.   PAYMENT TERMS

Client agrees to pay a Marketing Services fee to Service Provider of $60.00/month per Franchisee location on the effective date of this agreement with a total recurring monthly Marketing Services fee of $60.00/month per Franchisee location to Service Provider during the term of this agreement. Service Provider will provide Client with a Monthly Invoice with the total monthly Marketing Services fee to be charged to Client based on the number of Franchisee locations listed on www.NewHomeReferralNetwork.com/archadeckinvoices. This monthly Marketing Services fee will appear on Client’s bank statement as a charge to Newlife Options, LLC.

C.  TERM

This Agreement shall commence on the Effective Date and shall continue in full force and effect for an initial term of one (1) year (the "Initial Term"), unless terminated as provided herein. 

Following the Initial Term, the agreement will automatically renew for one-year periods unless either party gives written notice not to renew within 30 days before the term ends.

D.  TERMINATION

Either party may terminate this agreement for any reason by giving the other party written notice via email. There will be no refunds of fees and payments upon termination of this agreement.

E.  OWNERSHIP

Both parties agree that all websites, referral networks, domain names, hosting accounts, documents, presentations, designs, business information, process information, technical information, computer programs, computer systems, data, computer documentation, processes, techniques, know-how, knowledge, and other proprietary and/or tangible materials authored, provided or prepared by Service Provider (and its employees, agents, consultants, or subcontractors) for Client shall remain the sole and exclusive property of Service Provider and is not allowed to be accessed, altered or duplicated by Client.

F.   LICENSE

Client grants the Service Provider a limited, non-transferable, nonexclusive license to copy, use, store, set up, publicly display, and transmit the websites for Client (including any trade names, trademarks and service marks shown) during the term of this Agreement and solely in connection with this Agreement. Upon termination of this Agreement, Service Provider will remove and cease further display of the websites for Client.

G.  DISCLAIMER

The Marketing Services, Websites and Referral Network provided in this Agreement are provided “as is” without warranty of any kind, express or implied and any use of the Marketing Services, Websites or Referral Network are at Client’s sole risk. Service Provider does not warrant that the Marketing Services, Websites or Referral Network will be uninterrupted or error free, that the Builder Databases will contain an all-inclusive list of every Builder in the market area served, that the Referral Network will consist of Businesses that provide products and services that are 100% Completely Exclusive of each other (some businesses may provide the same products or services), nor does Service Provider make any warranty as to the performance or any results that may be obtained by Client through the use of the Marketing Services, Websites or Referral Network.

H.  TERMS OF SERVICE

Client agrees to the Terms of Service on the 50 Websites listed on www.NewHomeReferralNetwork.com where Client has locations as part of this Marketing Services Agreement.

I.   ASSIGNMENT
This agreement may not be assigned, unless both parties consent to such assignment in writing.

J.   DISPUTE RESOLUTION

Before any legal action is taken to enforce any term or condition under this agreement, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under it's mediation rules.

K.   AMENDMENT

This agreement may be amended or modified only by written instrument executed by both parties.

L.   GOVERNING LAW

This agreement shall be construed and enforced for all purposes pursuant to the laws of the State of Texas.

M.   ENTIRE AGREEMENT

This Agreement sets forth the entire agreement between the parties hereto. This Agreement may be modified only by a further writing that is duly executed by both parties.