This Lead Buyer Agreement (“Agreement”) is made by and between Brainwave Media, and you (“Lead Buyer”). Brainwave Media operates as a “Lead Aggregator” and collects customer data using various company owned websites and/or third party properties.
Lead Buyer agrees to purchase leads at the prices set by forth by Brainwave Media in its current price list (provided in section 2 of this agreement). Leads are subject to availability and prices are subject to change at any time at Brainwave Media’s sole discretion.
Current prices for residential solar leads are:
Information collected may include:
Leads are sold on a first come, first served basis, unless exclusive arrangements are agreed upon. Brainwave Media makes no performance and/or sales guarantees for leads purchased by Lead Buyer.
However, Lead Quality assurances are as follows:
When a lead is generated in the geographic area(s) Lead Buyer requests, partial information will be sent to Lead Buyer preferred method of contact and may include: (city, state, installation type, electric bill and provider, and estimated purchase time).
If Lead Buyer wishes to purchase the Lead, full payment shall be made prior to receiving the complete profile information. Upon receipt of payment, the complete lead profile will automatically be sent to Lead Buyer’s preferred method of contact.
There is no fee or obligation when registering with the Brainwave Media Solar Lead Buyer Program. Payments are only made when Lead Buyer wishes to purchase full lead information.
Lead Buyer may terminate this Lead Buyer Agreement at any time by sending an email to ‘admin (at) brainwavemediaonline.com’.
Additionally, Brainwave Media reserves the right to terminate this Lead Buyer Agreement for any or no reason without prior notice. Upon termination, any credit issued for invalid or unverifiable leads will be refunded to Lead Buyer within 90 days.
IN NO EVENT WILL BRAINWAVE MEDIA, ITS MANAGERS, OFFICERS AND/OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THIS SERVICE.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW.
IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, PLEASE DO NOT USE THIS SERVICE.
LEAD BUYER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED HEREUNDER “AS IS” WITH NO WARRANTY WHATSOEVER, EXCEPT THOSE IDENTIFIED AS “LEAD QUALITY ASSURANCES” IN SECTION 3 OF THIS AGREEMENT.
LEAD BUYER FURTHER ACKNOWLEDGES USE OF THIS SERVICE IS AT THEIR OWN RISK. NEITHER BRAINWAVE MEDIA, NOR ITS AFFILIATES, LICENSORS OR SUPPLIERS MAKE, AND LEAD BUYER DOES NOT RECEIVE, ANY WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE.
BRAINWAVE MEDIA AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT.
BRAINWAVE MEDIA IS NOT INVOLVED IN THE ACTUAL TRANSACTIONS BETWEEN LEAD BUYERS AND LEADS AND AS A RESULT, BRAINWAVE MEDIA HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF LEADS OR THE TRUTH OR ACCURACY BEYOND THAT EXPRESSED IN SECTION 3 OF THIS LEAD AGREEMENT.
BRAINWAVE MEDIA DOES NOT AND CANNOT BE INVOLVED IN LEAD BUYER-TO-LEAD OR LEAD-TO-LEAD BUYER DEALINGS OR CONTROL THE BEHAVIOR OF LEADS, IN THE EVENT LEAD BUYER HAS A DISPUTE WITH ONE OR MORE LEADS, LEAD BUYER RELEASES BRAINWAVE MEDIA FROM CLAIMS, DEMANDS AND DAMAGES 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. LEAD BUYER IS RESPONSIBLE FOR ITS RELATIONSHIP WITH LEADS.
Lead Buyer agrees to defend, indemnify and hold harmless Brainwave Media, its subsidiaries, affiliates, licensees, licensors and suppliers, and their shareholders, members, partners, managers, directors, officers, and employees (collectively, the “Indemnified Parties”), with respect to any claim, demand, cause of action, debt, liability and expense (including reasonable attorneys’ fees, costs and expenses) arising from any dispute with a Lead or any breach of this Lead Buyer Agreement by Lead Buyer, or in connection with Lead Buyer’s use or misuse of the services hereunder.
The Indemnified Parties reserve the right to approve Lead Buyer’s counsel to defend any such claims, which approval will not be unreasonably withheld, and to approve any settlement thereof. The Indemnified Parties also reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Lead Buyer hereunder.
This Agreement represents the entire understanding and Agreement of Lead Buyer and Brainwave Media.
By registering for the Brainwave Media Solar Lead Buyer Program, Lead Buyer represents and warrants that the individual accepting this Agreement on Lead Buyer’s behalf is duly authorized to bind Lead Buyer to this agreement.