Affiliate Terms & Conditions

This publisher's terms and conditions agreement, (hereinafter referred to as "Agreement"), is made and entered into on the date accepted by the recipient of these Terms and Conditions and is by and between, the recipient of these Terms and Conditions (hereinafter referred to as "Publisher") and Lead Creations, LLC, (hereinafter referred to as "LeadCreations"), both parties are collectively referred to hereinafter as "Parties".

In consideration of the mutual covenants, agreements, representations, and warranties contained herein, the parties hereto agree as follows:

1. Content.

LeadCreations reserves the right to refuse to affiliate with any Publisher based on LeadCreations's company policy that includes, but does not limit itself to, affiliating with a Publisher that promotes:

a. Nudity, pornography, and sexual material of a lewd or obscene nature and intent, or that violates local, state, national and/or international laws;

b. any material that violates or illegally infringes in any way upon the rights of others including, without limitation, copyright or trademark rights; including but not limited to "warez" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork, or any material that infringes on the trademark, tradename, tradedress or copyrighted material or text of another.

c. any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harmful, libelous, indecent, or otherwise objectionable (including, but not limited to, posting the private information of other parties);

d. content that promotes, encourages, or provides instructional information about illegal activities (such as "hacking", "cracking", or "phreaking");

e. any software, information or other material that contains code, corrupted data, or any other harmful or damaging component designed to damage or impair the operability of computer systems;

f. hate propaganda, swearing, or fraudulent material or activity; and,

g. content that promotes, encourages, invites, uses, provides, or otherwise engages in placing or receiving a bet or wager or any other activity that meets the legal or regulatory requirements for unlawful gambling, or sending, receiving, or inviting information assisting in the placing of a bet or wager or any other activity that meets the legal or regulatory requirements for unlawful gambling.

2. Definitions.

CPC - Means a campaign for which Publisher shall be paid on a Cost Per Unique Click basis.

CPA - Means a campaign for which Publisher shall be paid on a Cost Per Action basis.

Unique Clicks - Means the number of times, as recorded by LeadCreations's server, a person accessing Publisher's website or Email as identified by Cookie or IP Address, clicks on an advertisement creative, provide however, that a click on a specific advertisement creative by a particular visitor will only be counted as a Unique Click once every 1-hour period. In no event may more than 5% of Unique Clicks for any payout calculation come from one IP Address.

Action – Means a desired action has occurred as required and as determined by the Advertiser. Depending on the particular campaign, an action can be the purchase of a product, the completion of a form or other desired action on the part of a consumer having occurred. In the case of a lead generation campaign, an Action is considered to be an explicit sign-up from an interested consumer in response to the Advertiser offer.

LeadCreations Network - Means LeadCreations's centrally coordinated group of third parties through which LeadCreations can distribute advertisements.

Email - Means a Text or HTML email sent to a one hundred percent (100%) permission based subscriber list via electronic mail over the Internet.

Email Subscriber - Means a person who submits an e-mail address to the Publisher that is then validated by such person by submitting to Publisher subscription information confirming their request to receive the Company Email.

Website - Means information presented at a World Wide Web URL address commonly viewed through an Internet browser.

3. Approval.

Membership in the LeadCreations Network is subject to prior approval of LeadCreations. LeadCreations reserves the right to withhold approval of membership in the LeadCreations Network for any reason whatsoever. Approval of membership in the LeadCreations Network is limited only to the specific websites and email publications for which such approval relates.

4. Termination.

LeadCreations reserves the right to terminate any Publisher's relationship with the LeadCreations Network for any reason whatsoever. Termination notice may be provided via e-mail or any other means and will be effective immediately. Upon receipt of such termination notice, Publisher agrees to immediately cease using LeadCreations's services, including, but not limited to, removal of LeadCreations advertisements, codes and/or site links from Publisher's Website and Email publication(s). In the case of termination, all legitimate moneys due to Publisher will be paid during the next billing cycle as set forth in Section 14 below.

5. Minimum Requirement.

In order to participate in the LeadCreations Network, Publications must meet the following monthly minimum requirements:

Websites: Websites must maintain a minimum of 10,000 unique visitors per week.

Newsletters: For Emails that are mailed on a weekly or monthly basis the minimum Email size shall be 5,000 unique subscribers, for Emails mailed on a daily basis the minimum Email size shall be 1,000 unique subscribers.

Emails: The permission based email list for Emails must have a minimum of 5,000 unique subscribers.

LeadCreations reserves the right to terminate Publisher's relationship with the LeadCreations Network immediately should either (a) the preceding conditions are not maintained, or (b) the Unique Click through rate falls below the membership threshold established by LeadCreations from time to time, or (c) the Unique Clicks delivered per mailing falls below the membership threshold established by LeadCreations from time to time; provided, however, should LeadCreations exercise it's rights pursuant to this Section, Publisher shall be entitled to receive payment for any Unique Clicks and/or Actions delivered up to and including the date of termination.

6. Content Protection.

Publisher warrants and represents that all content, products, and services included in his or her Publication(s) are legal to distribute and that he or she owns or has the legal right to use any and all copyrighted material.

7. Limitation of Liability.

EXCEPT AS PROVIDED IN HEREIN, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED HEREIN. PUBLISHER AGREES AND DOES WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT AGAINST LEADCREATIONS FOR ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST LEADCREATIONS MORE THAN ONE YEAR AFTER THE DATE OF SERVICE UNDER THIS AGREEMENT. IN NO EVENT SHALL LEADCREATIONS'S LIABILITY EXCEED THE TOTAL AMOUNT PAID TO PUBLISHER BY LEADCREATIONS HEREUNDER.

8. Indemnification.

Publisher is solely responsible for any legal liability arising out of or relating to (i) the content and other material set forth in the Publisher's Website and Email publication(s) and/or (ii) any content or material to which users can link through the Publisher's Website and Email publication(s) (other than through an advertisement supplied by LeadCreations). Publisher hereby agrees to indemnify, defend and hold harmless LeadCreations and its officers, directors, agents, affiliates, employees and advertisers or clients from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings (a) for libel, defamation, violation of right of privacy or publicity, copyright infringement, trademark infringement or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability or violation of any law, statute, ordinance, rule or regulation in any jurisdiction in which it operates in connection with the Publisher's Website and Email publication(s) (except for advertisements supplied by LeadCreations); (b) arising out of any material breach by Publisher of any duty, representation or warranty under any agreement with LeadCreations; or (c) relating to a contaminated file, virus, worm, or Trojan horse originating from the Publisher's Website and Email publication(s) (other than through an advertisement supplied by LeadCreations).

9. Applicability.

These terms and conditions, as and if amended, shall apply to Publisher for as long as Publisher is a member of the LeadCreations Network and shall, along with the provisions of any Ad Select LeadCreations Network Agreement entered into between LeadCreations and Publisher, constitute the entire and only Agreement between the parties regarding Publisher's membership in the LeadCreations Network, and shall supercede all previous communications, representations or Agreements, whether written or oral between the parties. To the extent that Publisher utilizes further publishers, affiliates or third parties ("Subaffiliates") to assist in its efforts, Publisher shall be solely responsible for the activities of its Subaffiliates and all any violation by its Subaffiliate shall be construed to be a violation by Publisher.

10. PUBLISHER RESPONSIBILITIES:

10.1 Publisher General Responsibilities:

In addition to the responsibilities set forth herein, Publisher specifically accepts and agrees to abide by LeadCreations's email guidelines, which are hereby incorporated by reference.

Publisher represents and warrants that it shall deliver advertisements under this Agreement, and shall conduct its business, in compliance with all federal, state and local laws and regulations.

To insure compliance with these terms and conditions, any Publisher that materially changes the subject matter of their Website or Email publications content after approval for membership in the LeadCreations Network shall notify LeadCreations of the changes immediately. We prefer you notify us ahead of time of any major changes in content or design.

Publisher recognizes that LeadCreations has proprietary relationships with the third-party advertisers which advertise on the LeadCreations Network and member agrees not to knowingly solicit, induce, recruit, encourage, directly or indirectly, any advertiser that is known to publisher to be a client and/or customer of LeadCreations (e.g., an advertiser which runs advertisements on the LeadCreations Network), for purposes of offering products or services that are competitive with LeadCreations (including the provision of advertising inventory) nor contact such advertisers for any purpose, during the term of member's membership in the LeadCreations Network and for the 90 day period following termination of publisher's membership in the LeadCreations Network. Any attempt by Publisher to directly contact or solicit an advertiser who provides advertisements through the LeadCreations Network may, at LeadCreations's sole discretion, result in immediate termination without pay.

Unless they have received the prior written approval of LeadCreations, no Publisher shall induce visitors or subscribers to click on advertisements based on incentives.

Provided Publisher receives LeadCreations's prior approval (i) Publisher will be allowed to run LeadCreations Network advertisements ONLY on the incentivized inventory expressly approved by LeadCreations in writing for CPA campaigns ONLY. PUBLISHER REPRESENTS AND WARRANTS THAT ANY UNIQUE MEMBER ID USED BY SUCH PUBLISHER (a) SHALL BE ANONYMOUS, (b)WILL NOT INCLUDE ANY PERSONALLY IDENTIFIABLE INFORMATION, AND (c) WILL COMPLY WITH ALL APPLICABLE FEDERAL AND LOCAL LAWS AND REGULATIONS, INCLUDING, WITHOUT LIMITATION, ALL PRIVACY LAWS AND REGULATIONS.

Under no circumstances may a Publisher, without the prior, express written consent of LeadCreations, (i) alter, modify or change in any manner any advertisements provided by the LeadCreations Network; provided that Publisher may, without prior approval, change the font type, font style, and font size of text-link advertisements offered on the LeadCreations only for the purpose of matching the font in Publisher's Website or Email publication or, (ii) mail an Email so that it appears to the subscriber to have been sent by LeadCreations or one of its advertisers, or (iii) send any Email that contains a advertisement using a subject line that has not been approved by LeadCreations for use with that particular advertisement. Such activity is strictly prohibited and grounds for immediate termination without pay. Furthermore, Publisher recognizes that a breach of the foregoing conditions could result in immediate, extraordinary and irreparable damage to LeadCreations and its relationships with its advertisers, and that damages may be difficult to measure. Therefore, Publisher agrees that should they violate the foregoing conditions, LeadCreations may, in addition to other legal remedies, terminate Publisher's participation in the LeadCreations Network immediately without pay and assess liquidated damages.

Upon approval for membership in the LeadCreations Network, Publisher shall have the option of choosing from several advertisements for placement in Publisher's Website and Email publications, which advertisements are then currently available on the LeadCreations Network. Publisher agrees to use the currently available advertisements that Publisher selects only in connection with a particular Website or Email publication, in accordance with the traffic instructions set forth at the time of selection, and only on Websites or in Email publications that have been specifically approved by LeadCreations. Approval of placement must be approved by LeadCreations, in writing and in advance of such use. Even if the same advertisement is available in the LeadCreations Network for more than one Website or Email publication (i.e., the same advertisement appears for Website and Email campaigns), advertisements must be accepted individually for each website and email publication. No publisher may place an advertisement on any website or in any email publication other than the website or email publication for which such advertisement was originally intended and accepted. Publisher shall not use advertisements selected for use in prior Website campaigns or in prior Email publications in subsequent Website campaigns or Email publications or in other Publisher Websites or Email publications, unless the advertisements continue to be available in the then Currently Available Campaigns for such Publisher Websites or Email publication. LeadCreations reserves the right to pay Publisher only for Unique Clicks and/or Actions delivered on advertisements placed in Publisher's Publication which were appropriately selected from the then currently available ads. PUBLISHER AGREES TO REVIEW THE AVAILABILITY OF ADVERTISEMENTS THAT THEY HAVE PLACED ON THEIR WEBSITE AND WITHIN THEIR EMAIL PUBLICATION ON A REGULAR AND TIMELY BASIS. IT IS THE PUBLISHER'S SOLE RESPONSIBILITY TO CHANGE ADVERTISEMENTS WHEN A CAMPAIGN IS NO LONGER ACTIVE IN THE LEADCREATIONS NETWORK. LEADCREATIONS ASSUMES NO RESPONSIBILITY TO NOTIFY A PUBLISHER WHEN AN ADVERTISEMENT IS NO LONGER ACTIVE IN THE LEADCREATIONS NETWORK.

No Publisher can alter, copy, modify, take, sell, re-use, or divulge any LeadCreations Network computer code, except as is necessary to partake in the LeadCreations Network.

Publisher must adhere to LeadCreations's specific traffic instructions. If Publisher does not adhere to LeadCreations's specific traffic instructions, LeadCreations reserves the right to withhold payment from Publisher.

To insure timely, accurate payout, Publisher must notify LeadCreations by contacting his or her account executive of any changes to (i) Payee Name and/or Tax ID, (ii) the number of monthly impressions for a participating website; and (iii) the number of subscribers for any participating Email publication or Email list.

The following methods of generating user interest are unacceptable to LeadCreations and may be grounds for termination from the LeadCreations Network:

• mailing Newsletter or Emails to readers other that those who have elected to receive the Newsletter or Mail (Spamming); or
• use of unsolicited e-mail or inappropriate newsgroup postings to promote Emails; or
• auto spawning of browsers;or
• automatic redirecting of readers; or
• blind text links;or
• misleading links; or
• any other method that may lead to artificially high numbers of delivered clicks.

LeadCreations reserves the right to terminate Publisher's relationship with the LeadCreations Network immediately should the amount of United States-based traffic to a Publisher's Website or Email publication (determined by the IP address of visitors to Publisher's Website or Email publication as recorded by LeadCreations) equals less than 80% of the total traffic to such Publication (determined by the total number of click-throughs delivered by Publisher as recorded by LeadCreations), provided, however, should LeadCreations exercise it's rights pursuant to this paragraph of Section Publisher shall be entitled to receive payment for any Impressions, Unique Clicks, and/or Actions delivered up to and including the date of termination, as long as Publisher's earnings equal at least $25.00 at the date of termination, amounts under $25.00 shall be forfeited.

Publisher is required and agrees to maintain at all times during their membership in the LeadCreations Network, and for a period of three (3) years after any termination from the LeadCreations Network, complete and accurate subscriber sign-up/registration data for every subscriber to Publisher's Email publications. Publisher agrees that, within twenty-four (24) business hours of LeadCreations's request, it shall provide, at a minimum, the following subscriber sign-up/registration data for any email address that Publisher sends an email to with an Ad Select LeadCreations Network advertisement: (1) subscriber email address used to sign-up/register for Publisher's Email publication, (2) subscriber's IP address, (3) date and time of subscriber's sign-up/registration for Publisher's Email publication, and (4) location of subscriber's sign-up/registration (i.e., what is the original source of the subscriber email address; where did they sign-up/register for Publisher's Email publication).

10.2 Website Publisher Responsibilities for Websites

As a condition of joining the LeadCreations Network, Publisher agrees to allow LeadCreations, at LeadCreations's request, to place a pixel on Publisher's Website to verify monthly traffic.

Publishers are to keep advertisements solely on the URL(s) that was submitted in their application and approved by LeadCreations. Any other URLs must receive LeadCreations's prior written approval before placing advertisements on those sites. Furthermore, publishers must get prior written approval before placing advertisements within surf bars, or any other downloadable application. The following methods of serving advertisements are unacceptable and may result in termination from the LeadCreations Network, without pay: (i) autospawning of browsers or automatically redirecting users to an advertiser's site; (ii) clicking on your own banners or text-links; (iii) Blind text links or misleading links; (iv) incentive clicks: A visitor should never be induced to click on an advertisement in order to (a) access any part of a publisher's Website or publication, (b) enter any form of sweepstakes or contest, or (c) earn credits or payment; (v) forced clicks: A visitor or subscriber should never be 'forced' to click on an advertisement because their browser has been hijacked, or because an advertisement has been altered so that it is impossible to close without clicking it; (vi) any other method that may lead to an artificially high numbers of clicks or visitors, as determined by LeadCreations in its sole discretion.

No Publisher may place advertisements on any Website other than the Website for which the advertisement was accepted. No Publisher will place advertisements, intended for Websites on any other medium other than Internet Websites, including but not limited to Emails.

Publishers are responsible for serving advertising text and creatives for ads accepted for delivery on Publisher's Website(s). Publisher may not, without prior written approval from LeadCreations, call an advertising creative from LeadCreations server to serve on Publisher's Website(s).

10.3 Newsletter Publisher Responsibilities

Prior to participating in the LeadCreations Network, and from time to time at the request of LeadCreations, Publisher agrees to provide, or to have their third party Email host provide, LeadCreations with evidence (in easy to count, electronic format) verifying the number of Email Subscribers for each Email that Publisher enrolls in the LeadCreations Network (the "Evidence"). Should Publisher use a third party host to mail their Email(s), Publisher shall have such third party host agree to and accept LeadCreations's LeadCreations Network Terms and Conditions and grants LeadCreations the right to contact such third party host directly to obtain such Evidence. LeadCreations agrees to use all reasonable measures to hold in strict confidence and not use, for any purpose other than verifying the number of Email Subscribers for each Email publication that Publisher enrolls in the LeadCreations Network, or disclose to any third party any Evidence that is made available to LeadCreations, subject to the terms of this Agreement. Upon Publisher's request at any time, LeadCreations shall return to Publisher all originals and copies of the Evidence that has been provided by that Publisher, and shall destroy all notes, records, charts, or other documents containing in whole or part any of the Evidence provided by the Publisher to LeadCreations. Such delivery shall be made as quickly as possible after the Publisher informs LeadCreations of this desire to have such return and/or destruction.

Publisher represents and warrants to LeadCreations that all email addresses collected or used by it in the delivery of advertisements under this agreement were collected in full compliance with all applicable state, federal and local l

aws and that the Publisher has the legal right to deliver email messages to such addresses as contemplated herein without violating any law or regulation.

Publisher will send a copy of each Email containing advertisements provided by LeadCreations to LeadCreations for content verification. Copies should be sent to test@LeadCreations.

All ads accepted for delivery in an Email must be delivered within Publisher's Email publication, which has been specifically approved pursuant to Section 3, and opened by an Email Subscriber of their own volition. The following methods of serving ads are unacceptable and may result in termination from the LeadCreations Network, without pay:

• serving ads from a Website, even if the visitor arrived at the Website by clicking on an ad in Publisher's Email publication, provided that, Publisher may serve ads in archived editions of Publisher's Email publication maintained on Publisher's web site (NOTE: the only way a subscriber should arrive at an advertiser's Website is from clicking on an ad that appears within Publisher's Email publication);
• spamming, including unsolicited posting of ads in newsgroups;
• automatic opening of ads; any incentives to induce subscribers to open ads; and
• alteration of an advertising creative, without the prior written permission of LeadCreations, including editing a text ad in any way. All Email must be 100% permission based (i.e., Publisher's subscribers must specifically request receipt of Publisher's Email publication). LeadCreations reserves the absolute right to terminate any accounts that violate this provision of the Terms and Conditions. Any addresses on Publisher's subscriber list that are added as a result of anything other than a subscriber specifically requesting to receive a Email, will be considered unsolicited email and grounds for immediate termination from the LeadCreations Network.

Every Email sent by Publisher to Email Subscribers pursuant to this Agreement shall include an opportunity for the Email Subscriber to opt-out of the receipt of Publisher's Email, and easy to follow instructions how to do so.

10.4 Email Publisher Responsibilities

Publisher represents and warrants to LeadCreations that all email addresses collected or used by it in the delivery of advertisements under this agreement were collected in full compliance with all applicable state, federal and local laws and that the Publisher has the legal right to deliver email messages to such addresses as contemplated herein without violating any law or regulation.

All ads accepted for delivery in a Solo Email must be delivered to the emails included Publisher's Solo Email list, which has been specifically approved pursuant to this agreement, and opened by an email recipient of their own volition. The following methods of serving ads are unacceptable and may result in termination from the LeadCreations Network, without pay:

• serving ads from a Website, even if the visitor arrived at the web site by clicking on an ad in Publisher's Solo Email, (NOTE: the only way a subscriber should arrive at an advertiser's web site is from clicking on an ad that appears within Publisher's Solo Email mailing); or
• spamming, including unsolicited posting of ads in newsgroups; or
• automatic opening of ads; any incentives to induce subscribers to open ads; or
• alteration of an advertising creative, without the prior written permission of LeadCreations, including editing a text ad in any way. No member will place advertisements accepted for delivery in an Email within unapproved Emails that include content other than a single advertisement, on Websites, or on web pages, or in such a fashion that may be deceptive to the reader.

Any Emails delivered by Publisher that include an ad supplied by LeadCreations MAY NOT include any other ads or content of LeadCreations or any other content provider. Emails delivered hereunder may only include ONE ad and NO OTHER CONTENT.

LeadCreations reserves the absolute right to terminate any accounts that violate this provision of the Terms and Conditions. Any addresses on Publisher's Email list that are added as a result of anything other than a subscriber specifically requesting to receive Emails, will be considered unsolicited email and grounds for immediate termination from the LeadCreations Network.

Every Email sent by Publisher to its subscribers pursuant to this Agreement shall include an opportunity for the subscriber to opt-out of receiving Publisher's Emails, and easy to follow instructions how to do so.

Publisher agrees that prior to mailing any campaign, it will download the most recent suppression list for that campaign and will suppress all email addresses within its database that are found on such list.

10.5 Publisher Responsibilities With Respect to the FCC's "Restrictions on Mobile Service Commercial Messages" Publisher agrees that it has downloaded and removed the domains located on the FCC's wireless domain names list which can be found at: http://www.fcc.gov/cgb/policy/DomainNameDownload.html from all data used and agrees that any new data that acquired by Publisher will be run against such list and removed from all future data used.

11. Remedy.

If any member violates or refuses to partake in their responsibilities, or commits fraudulent activity against us, LeadCreations reserves the right to withhold payment and take appropriate legal action to cover its damages.

12. Audit.

LeadCreations shall have the sole responsibility for calculation of statistics, including Impressions and Unique Click numbers. In the event Publisher disagrees with any such calculation, a written request should be sent immediately to LeadCreations. LeadCreations will provide Publisher with a reviewed audit of the numbers, which shall be final and binding on the parties.

13. Publicity.

LeadCreations shall have the right to reference and refer to its work for, and relationship with, Publisher for marketing and promotional purposes. No press releases or general public announcements shall be made without the mutual consent of LeadCreations and Publisher.

14. Payment.

Payment for advertisements will be made based upon the rate advertised by LeadCreations. Payout rates on advertisements selected by Publisher from the campaigns offered by LeadCreations shall be honored for a period of twenty-four (24) hours from the time such advertisements are accepted by Publisher provided the ad has units remaining for delivery. IT IS THE PUBLISHER'S SOLE RESPONSIBILITY TO CHANGE ADVERTISEMENTS IN HIS OR HER PUBLICATION WHEN A CAMPAIGN IS NO LONGER ACTIVE IN THE LEADCREATIONS NETWORK (i.e., THE CAMPAIGN HAS NO UNITS REMAINING FOR DELIVERY). LEADCREATIONS ASSUMES NO RESPONSIBILITY TO NOTIFY A PUBLISHER WHEN AN ADVERTISEMENT IS NO LONGER ACTIVE IN THE LEADCREATIONS NETWORK. LeadCreations reserves the right, in its sole discretion, to change the payout rates on any advertisements selected by Publisher which are delivered on Publisher's Website or in Publisher's Email publications more than twenty-four (24) hours after Publisher's acceptance of such advertisement. Payment will be made on or about the 20th day after the end of the month in which Publisher earned such revenue. No checks will be issued for any amounts less than US$25. All un-issued earnings will rollover to the next pay period. LeadCreations, reserves the right not to pay any accounts, members, or Email publications that violate any of the above terms and conditions. LeadCreations will be responsible for determining, in its sole and absolute discretion what acts and omissions violate this policy.

15. Modifications.

LeadCreations reserves the right to change any conditions of this Agreement at any time. Members are responsible for complying with any changes to the LeadCreations Network Terms and Conditions within 10 business days from the date of change. Members shall periodically refer back to these Terms and Conditions.

16. Warranties.

LEADCREATIONS MAKES NO WARRANTIES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE EXCEPT AS EXPRESSLY SET FORTH HEREIN. ALL ORDERS ARE CONTINGENT UPON LEADCREATIONS'S ABILITY TO PROCURE NECESSARY ON-LINE ACCESS AND UPON DELAYS CAUSED BY ACCIDENTS, WAR, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND ITS CONTROL. LEADCREATIONS WILL MAKE EVERY EFFORT TO MEET SCHEDULED DELIVERY AND ONLINE DATES, BUT MAKES NO GUARANTEE AND ACCEPTS NO LIABILITY FOR ITS FAILURE TO MEET SAID DATES.

17. Governing Law.

The relationship between LeadCreations and Publisher will be governed by, and construed in accordance with, the laws of the State of Florida without regard to its laws or regulations relating to conflicts of laws. Publisher hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of Florida and the federal courts situated in the State of Florida in connection with any action arising between the parties.

18. Severability.

If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby and shall continue in full force and effect.

19. Privacy.

Publisher shall support LeadCreations's commitment to protect the privacy of the online community; such commitment is set forth in LeadCreations's Privacy Statement, which is hereby incorporated into these terms and conditions.

20. Exclusivity.

Participation in the LeadCreations Network is non-exclusive. Publisher has the right to include advertising from other sources within Websites and individual Email publications; provided that any Emails delivered by Publisher with ads supplied by LeadCreations may not include any other ads.

Affiliate Do-Not-Call Policy

LeadCreations.com, LLC ("LeadCreations") has adopted and adheres to the following policies in order to comply with the regulations of the Federal Trade Commission (FTC), Federal Communications Communication (FCC), Social Security Act (SSA) and State Do Not Call laws and regulations.

Since LeadCreations obtains leads which are generated through third party affiliate call centers ("Affiliates"), it requires that Affiliates employ the policies which are set forth herein and remain in compliance with all applicable laws which govern their business practices.

Failure to adhere to this policy may be cause for termination of an Affiliate's business relationship with LeadCreations.

Background

On September 1, 2003 the FTC established an online directory through which consumers can request to not be called ("the National Do Not Call Registry"), which is enforced by the FCC and local agencies. Generally, an individual who elects to place his number on the National Do Not Call List may not be called by a telemarketer. There are limited exemptions to this regulation, which include calling a consumer with which a company has an existing business relationship during the prior 18 months or where such person has given express permission to be contacted (opted-in) within the prior 3 months.

The regulation applies to "any plan, program, or campaign to sell goods or services through interstate phone calls" It includes telemarketers who solicit consumers on behalf of third party sellers and would therefore apply to Affiliates.

The Telephone Consumer Protection Act of 1991 had already established certain regulations for telemarketers. These include, but are not limited to; allowed calling times, maintenance of an internal DNC list, identification of the caller and prohibitions against the use of pre-recorded messages.

Certain classes of goods or services are subject to additional and stricter requirements. Section 1834(a)(17) of the Social Security Act, for example, governs the telemarketing of durable medical equipment. It provides, generally, that Medicare beneficiaries may not be telemarketed absent an existing business relationship or express written permission to be contacted even if they are not on the Do Not Call Registry.

There may be other laws or regulations which Affiliates are subject to. This Policy is not intended to be a notice, guidance or interpretation of any such regulation. Affiliates who engage in telemarketing are required to educate themselves and seek independent counsel on the laws and regulations to which they may be subject to prior to engaging in any telemarketing on behalf of a LeadCreations campaign and are further required to adhere to such laws and regulations.

Affiliate Obligations

At minimum, Affiliates shall be required to check telephone numbers called against the National Do Not Call Registry at least monthly, prior to calling.

Additionally, Affiliates are required to check telephone numbers against any internal Do Not Call lists and add to that list any number provided to such Affiliate by LeadCreations from a consumer requesting to be added to an internal Do Not Call list.

Affiliates are further required to report to LeadCreations any consumer who requests to be added to the Do Not Call list so that LeadCreations may inform other Affiliates of the requests. You may inform LeadCreations by notifying your account manager or sending an email to info@leadcreations.com.

Any request by a consumer to be added to an internal Do Not Call list or notice from LeadCreations that a number is to be added, must be honored within 24 hours of such notice. Internal Do Not Call lists must be maintained for a minimum of five years.

Affiliates may not call residences outside of permitted hours or broadcast pre-recorded or artificial voice messages.

For campaigns which require that only opt-in data be used, Affiliates must supply evidence of the consumer's express consent to be contacted for every lead submitted. Such evidence may include the IP Address and Timestamp corresponding to the underlying phone number dialed, the written consent to be contacted or a recording of any inbound call during which the consumer requested additional information.

Affiliates are required to train and educate their employees about the Do Not Call regulations, this Policy as well as any Affiliate policy. Any employee of an Affiliate who fails to abide by this Policy must be removed from all LeadCreations campaigns.

Affiliates agree to defend and hold harmless LeadCreations from any claim filed against it or any recipient of a lead generated by or through the undersigned Affiliate which is found to be not in compliance with this Policy or applicable laws.

Lead Buyer Terms & Conditions

By entering into a business transaction with LeadCreations.com, LLC, you (hereinafter "Lead Buyer") expressly agree to abide by the Terms and Conditions set forth herein.

1. Parties:

This Agreement, is between you and LeadCreations, a Florida limited liability company, and its parent entities, subsidiaries any of its affiliates, (hereinafter collectively referred to as "LeadCreations").

2. Contract:

This Agreement is entered into in connection with a contract or insertion order. The applicable contract or insertion order is incorporated herein by reference, and the terms of the Agreement are hereby incorporated into the applicable contract or insertion order by reference. In the event of any inconsistency between the applicable contract and the Agreement, the applicable contract shall control. NO TERM OR CONDITION PLACED BY LEAD BUYER IN AN APPLICABLE CONTRACT SHALL BE BINDING UPON LEADCREATIONS, UNLESS EXPRESSLY AGREED TO IN WRITING BY LEADCREATIONS.

3. Services:

LeadCreations' exclusive obligation is to supply Lead Buyer with Sales Leads as provided for in the applicable contract or insertion order. Except as otherwise expressly provided in the applicable contract or insertion order; positioning of the media advertisements utilized to generate said leads is at the sole discretion of LeadCreations.

In the event Lead Buyer desires to utilize a custom branded advertising campaign, it is the Lead Buyer's obligation to submit advertising materials in accordance with LeadCreations's criteria or specifications. LeadCreations, in its sole discretion, reserves the right not to publish or place any media advertising at any time. LeadCreations reserves the right to reject any media advertising. This Agreement is not enforceable until accepted by LeadCreations. Failure by LeadCreations, to publish or place any requested media advertisement does not constitute a breach of contract, or otherwise entitle Lead Buyer to any legal remedy. Lead Buyer agrees that it assumes all risks of loss/damage with any placement by LeadCreations.

4. Term:

LeadCreations shall use commercially reasonable efforts to provide leads on the start date provided in the applicable contract, and unless terminated as provided herein, said services shall remain in effect for the term set forth in the applicable contract.

5. Cancellation:

All cancellations require a written notice to be served upon LeadCreations, within 5 (five) days of the noticed cancellation date. It takes approximately 3 business days for the running/display of an advertisement to be canceled. Any and all advertisements delivered during such period will be billed to the Lead Buyer.

6. Reporting:

Counting and tracking of media advertisements shall be based on LeadCreations's internal reporting counting and/or tracking procedures only.

7. Content:

In the event of a custom branded campaign; LeadCreations shall display on publisher web sites or emails lists, the media advertisements provided by Lead Buyer and shall be delivered in good faith on web sites or e-mail lists or other sites as specified by LeadCreations without guarantee of exclusivity, or of placement within the publisher's web site or e-mail. LeadCreations will not accept, and to the best of its knowledge, will not place media advertisements on any web sites that contain, or provide links to:

a. Nudity, pornography, and sexual material of a lewd or obscene nature and intent, or that violates local, state, national and/or international laws; or

b. Any material that violates or illegally infringes in any way upon the rights of others including, without limitation, copyright or trademark rights; including but not limited to "warez" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork; or

c. Any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harmful, libelous, indecent, or otherwise objectionable (including, but not limited to, posting the private information of other parties); or

d. Content that promotes, encourages, or provides instructional information about illegal activities (such as "hacking", "cracking", or "phreaking"); or

e. Any software, information or other material that contains code, corrupted data, or any other harmful or damaging component designed to damage or impair the operability of computer systems; or

f. Hate propaganda or hate mongering, swearing, or fraudulent material or activity; or

g. Content that promotes, encourages, invites, uses, provides, or otherwise engages in placing or receiving a bet or wager or any other activity that meets the legal or regulatory requirements for unlawful gambling, or sending, receiving, or inviting information assisting in the placing of a bet or wager or any other activity that meets the legal or regulatory requirements for unlawful gambling.

8. Ad Placement and Positioning:

LeadCreations will use its best efforts to substantially comply with the contract, including all ad placement restrictions, so that it is consistent with the specifications within the contract, and with the specifications as provided by Lead Buyer. Lead Buyer hereby acknowledges that LeadCreations does not control ad placements, etc., and cannot guarantee ad placements, etc.

9. Trademark License:

Lead Buyer retains all right, title and interest in and to the Lead Buyer site, its trademarks, service marks and trade names worldwide. Lead Buyer warrants and represents it is authorized to publish the entire content and subject matter contained therein. Lead Buyer agrees to indemnify, defend, and hold LeadCreations, harmless from any and all liability for claims or suits for libel, defamation, violation of rights of privacy, plagiarism, attorney's fees, trademarks, copyright infringement, content (including text, illustrations, representatives, sketches, maps, labels, or any other copyrighted matter) of advertisements printed or unauthorized use of any person's name or photograph, arising from LeadCreations, reproduction and publishing of such pursuant to Lead Buyer's submission. Lead Buyer grants LeadCreations a non-exclusive limited license to use, market, display, perform, copy, transmit, and promote its trademarks, service marks and trade names only in connection with publishing or placing media advertisements on behalf of Lead Buyer and performing its other advertising and promotional obligations set forth herein. All such use shall be in accordance with the Lead Buyer's policies regarding trademark usage as provided to LeadCreations by Lead Buyer.

10. Non-Circumvent:

During the term of this Agreement and for a period of six months beginning on the end date of the Campaign, Lead Buyer may not contact LeadCreations's affiliates directly or indirectly (e.g. through an advertising agency) to solicit the business of said affiliates. Lead Buyer may not accept any advertising business from affiliates for products and services substantially similar to those in the contract or in the Advertisements. Lead Buyer will maintain complete confidentiality regarding LeadCreations business sources. Lead Buyer will not in any way circumvent or attempt to circumvent LeadCreations.

11. Payment Terms:

Absent other terms agreed to in writing by the parties, all campaigns for advertising must be paid in full, a deposit is made before a campaign is implemented or any lead delivery is commenced. All payments must be made payable to "LeadCreations". Please allow 5 business days for the campaign to begin from the date we receive payment. In the event Payment terms are granted, any payment not made when due date shall accrue interest at the rate of 1.5% per month or any fraction thereof, or if less, the highest rate permitted under law. Lead Buyer shall bear costs of collection, including reasonable attorney's fees, court costs and related expenses, incurred on all unpaid amounts.

12. Force Majeure:

Neither party shall be liable for delay or default in the performance of its obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes. In such event, LeadCreations shall make every reasonable effort within 5 business days, to recommend a substitute transmission for the Advertisement or time period for the transmission. If no such substitute time period or make good is acceptable to Lead Buyer, LeadCreations shall allow Lead Buyer a pro rata reduction with regard to the space, time and/or program charges in the amount of money assigned to the space, time and/or program charges at time of purchase. Lead Buyer acknowledges that it is responsible for all actions notwithstanding any delay or default in performance. Lead Buyer shall have the benefit of the same discounts that would have been earned had there been no default or delay. To the extent that a force majeure has continued for five (5) business days, LeadCreations has the right to cancel the media advertisement.

13. Indemnification:

Lead Buyer shall defend, indemnify, and hold harmless LeadCreations and its respective agents, affiliates, parents, subsidiaries, directors, officers, and employees against any loss relating to or arising out of Lead Buyer's product, service or the content of any advertisement delivered accurately, including but not limited to materials that violate the right of a third party; materials that are defamatory or obscene; or materials that would constitute a criminal offense.

14. Warranties:

LeadCreations represents and warrants that LeadCreations has all necessary permits, licenses, and clearances to operate the LeadCreations's website and post all content contained therein or as given for use outside the site. Lead Buyer represents and warrants that the Lead Buyer has all necessary licenses and clearances to use the content contained in their advertising material. All parties' performances hereunder will be in compliance with all applicable laws, rules and regulations.

15. Entire Agreement:

These terms and conditions and the related contract constitute the entire agreement of the parties with respect to the subject matter and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter.

16. Use of Leads:

Unless otherwise stated, the leads delivered to Lead Buyer are for use by Lead Buyer only. Lead Buyer agrees not to resell, transfer or distribute the leads to any other individual or entity without LeadCreations's prior written consent. Any use of the leads will be in compliance with all applicable federal, state, and local laws, rules and/or regulations.

17. LeadCreations.com, LLC

guarantees that leads provided will conform to the specifications outlined in the insertion order agreed to by and between yourself and LeadCreations. As outlined in LeadCreations' Publisher Terms and Conditions, unless otherwise agreed to by you and LeadCreations, LeadCreations does not collect leads that are incentivized.

LeadCreations will only accept returns if the leads generated contain (i) an invalid phone number unless (where such information is required to be obtained), (ii) an invalid contact name (where such information is required to be obtained), or (iii) where the lead is obviously bogus (ie: George Bush, 1600 Pennsylvania Avenue). LeadCreations further guarantees that the information provided is not altered from how it was submitted by the customer. Leads returned for credit must be received by LeadCreations within five (5) calendar days of the date they were generated or they will be deemed accepted and valid.

LeadCreations reserves the right to audit each disputed lead to verify the validity of the dispute.

18. Miscellaneous:

In the event of any inconsistency between the terms of a contract and these terms and conditions, the terms of the contract shall prevail. These terms and conditions and the contracts shall be governed by the laws of the State of Florida and all parties hereto consent to the jurisdiction of the courts of Florida, in Broward County to resolve any and all disputes that may exist hereunder. No modification of these terms and conditions or any contract shall be binding unless in writing and signed by both parties. If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect. All rights and remedies hereunder are cumulative.

Lead Return Policy

LeadCreations.com, LLC guarantees that leads provided will conform to the specifications outlined in the insertion order agreed to by and between yourself and LeadCreations. As outlined in LeadCreations' Publisher Terms and Conditions, unless otherwise agreed to by you and LeadCreations, LeadCreations does not collect leads that are incentivized.

LeadCreations will only accept returns if the leads generated contain (i) an invalid phone number unless (where such information is required to be obtained), (ii) an invalid contact name (where such information is required to be obtained), or (iii) where the lead is obviously bogus (ie: George Bush, 1600 Pennsylvania Avenue). LeadCreations further guarantees that the information provided is not altered from how it was submitted by the customer. Leads returned for credit must be received by LeadCreations within five (5) calendar days of the date they were generated or they will be deemed accepted and valid.

LeadCreations reserves the right to audit each disputed lead to verify the validity of the dispute.

Anti-Spam Policy

In an effort to protect affiliates and advertisers alike, LeadCreations.com has setup the following policies pertaining to SPAM and the sending of unsolicited commercial emails:

• LeadCreations.com has a zero-tolerance policy towards spam and the sending of unsolicited commercial emails. Publishers who engage in spamming and/or sending of unsolicited commercial email will have their accounts terminated.
• LeadCreations.com expects all publishers to be current and in compliance of all Federal, State, and Local laws applicable to email marketing and web publishing. Failure to comply with the current laws will result in account termination.

Should a spam complaint arise from a user against an publisher, we require that the publisher be able to furnish the date, time, and IP address in which the user subscribed to their list. We also require that the user be removed from the publisher's database prior to any further promotion of our offers.

Legal Disclaimer

The copyright in all materials on this website, including but not limited to the text and graphics herein, is owned by LeadCreations.com, LLC. ("LeadCreations.com"). You may print copies of any part of this website for your own personal, non-commercial use. Notwithstanding the foregoing, you may not, without the express written consent of LeadCreations.com: (i) distribute, modify, or reproduce any part of this website (including text and graphics), or (ii) "mirror" any part of this website (including text and graphics) on any other server.

The information and links contained on this website are being provided by LeadCreations.com for general information purposes only. This website may include links to third party websites over which LeadCreations.com has no control. LeadCreations.com makes no representations as to the accuracy or any other aspect of the information contained in such third party websites.

Furthermore, LeadCreations.com makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information contained on this website for any purpose. The information contained on this website is provided "as is" without warranty of any kind. LeadCreations.com hereby disclaims all warranties and conditions with regard to this website, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title and non-infringement.

IN NO EVENT SHALL LEADCREATIONS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GOODS, SERVICES OR GRAPHICS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LEADCREATIONS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Privacy Policy

Last Modified to December 18, 2019.

LeadCreations.com and it's affiliated entities are committed to protecting the privacy of all Internet users, Website publishers, and advertisers. This Privacy Statement explains how LeadCreations.com operates to protect your privacy.

Please note that LeadCreations.com may find it necessary, or be legally obligated, to modify this Privacy Statement from time to time. Except as otherwise required by law, modifications to this Privacy Statement will not affect the privacy of data collected prior to the effective date of the policy change. LeadCreations.com reserves the right to modify this Privacy Statement at any time without notice by posting of such modification herein. Affiliates (as defined below) and visitors should review this Privacy Statement periodically to note any changes that may have occurred. An Affiliate ("Affiliate") is a corporation, other legal entity, or adult person that has applied to LeadCreations.com, and has been accepted by LeadCreations.com into the LeadCreations Network (defined below) in accordance with the terms, conditions and procedures outlined in this Web site.

LeadCreations.com does not collect any personal information about visitors to, or users of, this Web site solely as a result of such visits or usage, other than persons or entities joining LeadCreations.com's network ("LeadCreations Network") as an Advertiser or Publisher ("Affiliate") pursuant to either a written or online contract.

In order to use this website, a user must first complete the registration form as an Advertiser, Publisher or Agent. During registration a user is required to give certain information (such as name, telephone, postal address and email address). This information is used to contact you about the services which you have expressly agreed to.

When an Internet user clicks on one of LeadCreations.com's served advertisements (running throughout the LeadCreations Network), LeadCreations.com does collect "ad delivery and reporting data" (type of browser, operating system, IP address, domain type, page(s) visited, date and time of when an Internet user has responded to an advertisement, etc.). None of the data can be linked to any individual Internet user, and therefore it cannot be used for personal identification or profiling. LeadCreations.com does not collect any personally identifiable information regarding the user that clicked on the ad (e.g. name, address, social security number, e-mail address, etc.). Some information is collected through "Cookies" as described below.

This LeadCreations site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

"Cookies"

An Internet user's browser normally places Cookies that contain small amounts of data on the Internet user's computer after a visit to any Web site. Cookies assist LeadCreations.com in tracking Internet users' activities beginning from an Affiliate's Web site or e-mail. If the Internet user visits or revisits an advertiser's site directly from such Affiliate, LeadCreations.com is able to continue to track the Internet user's activities on the advertiser's site and reward the Affiliate that referred the Internet user. The Cookies tell LeadCreations.com nothing about the Internet user personally.

Cookies are used (1) when an advertiser's banner image or other text is loaded on a Web page for viewing by an Internet user, and (2) when the banner or other text is clicked by an Internet user. The function of these Cookies is to provide LeadCreations.com with information solely for the purpose of paying an Affiliate's commissions when an Internet user clicks on a link or makes a purchase on an advertiser's Web site.

Affiliate-Identifiable Data

LeadCreations.com collects certain personally identifiable information from Web sites and their owners wishing to join the LeadCreations Network. The collection of this information is a part of normal business practices. Persons and entities wishing to become Affiliates and join the LeadCreations Network are asked to provide personally identifiable data through the sign up and registration process. Examples of personally identifiable data that may be requested include name, address, phone number, e-mail address, tax ID number, VAT number, etc. All personally identifiable information that LeadCreations.com collects from potential and actual Affiliates is principally intended for internal administrative needs such as accounting and invoicing.

Periodically LeadCreations.com may desire to communicate with the LeadCreations Network of Affiliates via e-mail newsletters or other methods to offer marketing information or other communications to assist in business related activities. In such instances LeadCreations.com will access Affiliates' personally identifiable information. In the event that an Affiliate wishes not to have personally identifiable information used as described in this paragraph, such Affiliate may elect to opt-out by notifying LeadCreations.com in writing or electronically at any time.

All personally identifiable data provided by individual Affiliates will be kept in strict confidence by LeadCreations.com and will be treated with the same level of care that LeadCreations.com treats its other proprietary information and trade secrets; notwithstanding the foregoing, LeadCreations.com may in limited instances provide personally identifiable information to a third party to assist LeadCreations.com in normal and customary operational and statistical matters, or for efficiency purposes in providing administrative services such as billing, delivery and payouts. Any third-party receiving such information will be required to treat it in a confidential and safeguarded manner, in accordance with industry standards and in accordance with the policies stated herein. In the event that an Affiliate wishes not to have personally identifiable information used as described in this paragraph, such Affiliate may elect to opt-out by notifying LeadCreations.com in writing or electronically at any time.

Security Precautions

LeadCreations.com makes every effort to maintain the security of its network, business operations and any and all data collected. Any data that is stored on LeadCreations.com's server is treated as proprietary and confidential and is not available to the public. LeadCreations.com has a strict internal security policy with respect to the confidentiality of customer and other data, limiting access only to those employees or third parties that have a need to know such information for the purpose of effectively delivering LeadCreations.com's products and services; notwithstanding any other provision herein, information may be disclosed:

• to government agencies or officials or other third parties if LeadCreations.com believes such disclosure to be required or compelled under applicable law or regulations or legal process;
• to government agencies or officials upon their request, even if not compelled by a subpoena or other legal process, and without any duty on LeadCreations.com's part to independently confirm that such agencies or officials are legally entitled to such disclosure;
• to a buyer, subcontractor or agent, in the event that LeadCreations.com sells or transfers ownership, operation or control of any or all of its LeadCreations Network or engages any subcontractor or agent to operate its LeadCreations Network or provide any service related to its LeadCreations Network.

Wherever we, or one of our affiliated sites collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Access to Data

LeadCreations.com allows Affiliates and potential Affiliates who have provided personally identifiable data, access to such data at any reasonable time, in order to ensure that such data is correct, and to make any changes.

Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Privacy Statement Statements of Affiliates

LeadCreations.com encourages all Affiliates within the LeadCreations Network to create Privacy Statement statements and provide Internet users with prominently placed access to such statements. Additionally, LeadCreations.com requests that all Web site publishers doing business with LeadCreations.com disclose any and all information that is being collected from Internet users on their Web site, including data gathered from banners and other forms of advertising being served on their Web site.

Spam and E-mail lists

LeadCreations.com does not intentionally send unsolicited e-mail messages that could be construed as spam; Affiliates' actions are carefully scrutinized and each Affiliate is expected to adhere to LeadCreations.com's anti-spam policy.

ADDITIONAL PRIVACY INFORMATION FOR CALIFORNIA CONSUMERS

Under the California Consumer Privacy Act ("CCPA"), we are required to provide certain information to California consumers about how we handle the personal information that we have collected from them. For purposes of this section of our privacy policy, and per the CCPA, "personal information" is broadly defined to include any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

In connection with your requests for the products or services on this website, we will collect the information supplied by you in the forms contained on this site. This information may include your full name, your postal address, your email address, your telephone number and your responses to any other fields of information contained in the forms. Additionally, we may collect information that is derived from your accessing or navigating our site, such as your IP address, browser type, which operating system you use and whether you are using a mobile or desktop device.

We will sell or disclose this information to the companies providing the underlying product or services you have requested.

California law grants consumers certain rights, including the right to request your information be deleted by us, the right to copy the information we have on file for you and the right to know who your data was disclosed to. California consumers have the right to make such requests, at no charge, up to twice every 12 months and we are obligated to abide by your request.

Deletion – You have the right to request deletion of any personal information that we have collected about you, subject to certain exemptions (such as where the information is used by us to detect security incidents, debugging or to comply with a legal obligation).

Copy – You have the right to request a copy of the specific pieces of personal information that we have collected about you during the prior 12 months.

Right to Know – You have the right to request that we disclose certain information about how we handled your personal information in the prior 12 months, including the categories of personal information collected, the sources of that personal information, the business and/or commercial purposes for collecting and selling your personal information, The third parties with whom we have disclosed or shared your personal information

You can exercise these rights by sending an email to info@leadcreations.com with the subject "CCPA REQUEST". We will respond to your requests within 45 days.

When you submit your request, we will take steps to attempt to verify your identity. We will seek to match the information in your request to the personal information we maintain about you. As part of our verification process, we may ask you to submit additional information to prove your identity. The CCPA allows California consumers to designate an authorized agent to exercise their rights under CCPA. Should you designate such an agent to make a request under the CCPA we have the right to verify with the data subject that the data subject indeed wants to take the action requested by the agent.

Miscellaneous

Various state and federal regulations may apply to the online collection of personal information from children under the age of 13. LeadCreations.com is sensitive to the issue of children's privacy and makes every effort to protect the privacy of children using the Internet. LeadCreations.com's Web site, products, and services are neither developed for, nor directed at, children.

Contacting LeadCreations.com

For more information, or if you have questions or concerns regarding LeadCreations.com's Privacy Statement, please call us at 305-851-8110, send an e-mail to privacy@leadcreations.com, or you may send correspondence to our office through normal U.S. mail by sending a letter to LeadCreations.com, LLC, Legal Department, 12717 W. Sunrise Blvd Suite 312, Ft.Lauderdale, FL 33323.