Terms & Conditions
Definitions
“SLM” is a corporation incorporated under the laws of the State of Alabama that performs various types of marketing activities that generate potential new clients for law firms and attorneys;
“Client” is a Law Firm/Attorney who wishes for SLM to perform marketing efforts on Client’s behalf in an attempt to generate potential new cases for Client;
“Leads” are persons who contact SLM and who desire to obtain assistance concerning a legal matter;
“Qualified Leads” are leads who have contacted SLM for assistance in a legal matter that meets the criteria set forth in “Exhibit A” of this agreement. A lead may also be deemed a qualified lead as described elsewhere under terms of this agreement;
“Marketing Spend” is money that the Client pre-pays to SLM and that is used by SLM to perform a marketing campaign on Client’s behalf and from which SLM may also deducts fees owing to SLM for services SLM performs on behalf of the client.
Terms
1. Services and Fees: Client will pre-pay a marketing spend to SLM each month and SLM will use the Client’s marketing spend to perform marketing services on Client’s behalf. In return for performing a marketing campaign for the Client, the Client agrees to also pay SLM each and all of the following fees:
a. Client agrees to pay SLM a marketing fee of 15% of the Client’s total gross marketing spend.
b. Client also additionally agrees to pay SLM a separate fee for each individual qualified lead that SLM generates at the fee amount stated in Exhibit A of this agreement.
c. Client also agrees to pay SLM any monies due under the Serious Injury and Death Addendum contained in “Exhibit B” and any other Exhibits of this agreement.
Client agrees and authorizes SLM to immediately deduct and withdraw from Client’s marketing spend, any fees and/or other monies Client owes to SLM under this agreement. Said fees and expenses may be withdrawn by SLM immediately upon being earned and/or incurred or at any time thereafter. Client’s duty to pay SLM monies due under this agreement are not dependent on the lead retaining the services of Client. SLM cannot and does not guarantee the conversion of potential clients (leads) to actual clients.
2. Qualification of Leads: A lead can be a qualified lead in one or both of the following ways:
A lead that meets the criteria as set forth in “Exhibit A” to this agreement shall automatically be considered a “qualified lead”. Notwithstanding the foregoing, in the event SLM provides a lead to Client that does not meet some or all of the criteria in Exhibit A and the Client fails to notify SLM, within 7 calendar days, that the Client is rejecting the lead, then the lead shall automatically be deemed to be a qualified lead, just as if the criteria in Exhibit A had been satisfied.
SLM does not offer refunds or credits on leads that are qualified at the time the lead is transferred to the Client or become qualified due to the lead not being returned within 7 calendar days from the date it was first transferred to Client by SLM. There shall be no refunds of any type or for any reason after 7 calendar days from the date the lead was transferred to Client by SLM. If SLM does issue a refund for a non-qualified lead that is returned by Client prior to the expiration of 7 calendar days of the Client first receiving the lead, then the lead and all rights thereto shall be considered as “purchased back” from the Client by SLM and Client agrees not to re-contact or re-market to that lead.
3. Method of Transferring Leads: Any leads generated by SLM will be transferred via live call to client or third party designated by Client, at a phone number designated by client and during hours designated by client and will also be communicated to client via email address/addresses designated by client. Regardless of whether or not the lead is transferred via live call, SLM shall also email client with the name, address and phone number of the qualified lead and a brief synopsis containing the general facts of how and where the accident occurred. Client acknowledges that SLM is not an intake company and the intake, signing and conversion of cases is the sole responsibility of Client or third party designated by the Client.
4. Client’s Duty To Provide Information: Client agrees to use the portal or other method designated by SLM to provide current information concerning the status of all leads sent to Client by SLM. Client also agrees to provide updates relating to leads immediately upon request by SLM.
5. Marketing Campaign Discretion: SLM and Client agree that SLM shall perform internet-based marketing for Client. Both SLM and Client agree that SLM shall have compete and absolute discretion on the location, manner, dates and times of all ad placements. However, client shall still have the right to request that Client approve or disapprove of the content of all ads prior to placement to ensure that all advertisements posted by SLM on Client’s behalf comply with all applicable rules of professional conduct governing Client and comply with all applicable state laws.
6. Privacy of Methods and Ownership: SLM and Client agree that Client shall not be entitled to have access, ownership, licenses or rights of any nature or type to any of the marketing processes, strategies, ad words accounts, social media accounts, marketing accounts, intellectual property and/or other internal information and processes that SLM owns, develops or uses before, during or after the time that SLM performs marketing services for the Client. SLM shall have complete ownership of any intellectual property invented, created, conceived or developed, as a result of any marketing and/or other services that SLM provides to Client or on Client’s behalf.
7. Results Not Guaranteed: SLM makes no guarantees, representations, express warranties or implied warranties of any nature or type concerning the results of any marketing campaign that SLM undertakes on Client’s behalf. This includes but is specifically not limited to any representations, guaranties or warranties concerning the quantity, quality, location, value and/or frequency of leads and leads converted to clients that is produced by any marketing campaign undertaken by SLM on Client’s behalf. Any communications between Client and the SLM owners, managers or staff concerning the quantity, quality, location, value and/or frequency of leads and leads converted to clients do not constitute a binding promise or guarantee and should be considered merely as an expression of opinion and not a guarantee. Each advertising market and client is unique, and results may vary greatly from client to client.
8. Compliance of Advertisements: SLM is a corporation and is not a law firm. As such, SLM does not provide legal or ethical advice, opinions or representations concerning marketing or any other matters. Client agrees that it’s the sole and exclusive duty of Client to ensure that the use of SLM Advertisements for marketing services and that the ads placed by SLM are in compliance with the State Bar of any state where clients is licensed and where SLM performs services for Client. Nothing communicated to Client by management or employees of SLM should be considered as a legal or ethical opinion or advice.
9. Clients Duty To Investigate: SLM’s employees will gather basic information from leads. Client agrees that SLM is under no obligation to investigate the accuracy, veracity or completeness of information obtained from leads and that Client is solely responsible for investigating the merits of the information provided by each lead, including but not limited to, the location and date of the incident or accident, the identity and liability of all potential plaintiffs and defendants in each case and any other matters relevant to Client’s representation of the lead.
10. Clients Duty To Give Notice To Lead: Client agrees that, once SLM transfers a lead to the client, that the Client assumes the sole and exclusive responsibility of immediately notifying the lead as to whether Client is agreeing or declining to undertake representation of the lead.
11. Cancellation of Agreement: At any time and for any reason, either or both parties to this agreement may decide to immediately terminate this agreement by giving notice of the party’s intent to terminate this agreement. Upon notice of intent to terminate being given, SLM will, as soon as reasonably possible, cease marketing efforts and all other activities being undertaken on client’s behalf. SLM shall also deduct and withdraw, from Client’s Marketing Spend, any remaining fees, expenses and/or other monies that the Client owes to SLM under this agreement. After SLM deducts and withdraws said fees, expenses and/or other monies owing to SLM, then this agreement shall be deemed terminated at that point.
12. Independent Corporate Status: Client agrees and understands that SLM is a corporation incorporated in the State of Alabama and is separate and independent from any other entity. Any employee, manager or owner of SLM who is conducting business related activities on behalf of SLM shall be considered as acting on behalf of SLM and not on behalf of any other person or entity.
13. Forum Selection: Venue and Jurisdiction are proper in the Circuit Court of Jefferson County, Alabama
14. Exhibits: Exhibits to this agreement shall be a material part of the agreement and are incorporated into this agreement, by reference, as if fully set out herein.
15. Savings Clause: If any term or portion of this agreement is found to be invalid or unenforceable by a Court of Competent Jurisdiction, then the remaining terms clauses and content shall remain in full force and effect to the fullest extent permissible under applicable law governing this agreement.
16. Credit Card, Wire, and Monetary Transaction Fees: In addition to any other fees and expenses mentioned elsewhere in this agreement, Client agrees that Client is responsible for paying all costs associated with transferring monies to SLM to be used on Client’s behalf. This includes but is not limited to credit card and wire fees charged by financial institutions.
17. Entire agreement and Counterpart Execution: These terms contained in this agreement represent the complete and final terms of the agreement between the parties. In consideration for entering into this agreement, the Client represents that the Client has not relied upon any statements or representations outside the four corners of this agreement. This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.