Lead Generation and Sales Agreement for LocalSureFix.com

This Lead Generation and Sales Agreement ("Agreement") is made and entered into as of today by and between your company, a Florida corporation with a principal place of business in Florida ("Client"), and JOHN J DAILEY, DSAA, LLC, a FLORIDA corporation/sole proprietorship with a principal place of business at 5520 NW 52ND AVE GAINESVILLE, FLORIDA 32653 ("Lead Generator").

WHEREAS, Client desires to obtain exclusive qualified leads for its products and/or services; and

WHEREAS, Lead Generator desires to generate and provide such exclusive qualified leads to Client.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Services

1.1. Lead Generator agrees to use commercially reasonable efforts to generate exclusive qualified leads that meet the following criteria ("Exclusive Qualified Leads"):

• All exclusive qualified leads confirmed they:
  1. Are the homeowner or renter
  2. Live in or own property in the county that the Client selects in the marketplace
  3. Are interested in mitigation, remediation, and/or restoration services
  
  Exclusivity means that these leads will only be sold to one Client.
  

1.2. Lead Generator will provide Client with the following information for each Exclusive Qualified Lead:

• Name
• Contact information (phone number and physical address)
• Physical street address, including City, State, and Zip Code
• Date and time that the lead confirmed interest in services

1.3. Client agrees to use commercially reasonable efforts to follow up on all Exclusive Qualified Leads provided by Lead Generator.

2. Fees and Payment

2.1. Client shall pay Lead Generator a fee of $100 per Exclusive Qualified Lead delivered to Client unless otherwise specified in the online lead marketplace, where the Client can choose where to purchase a lead for the offered price..

2.2. Payment shall be due before the Client's receipt of each Exclusive Qualified Lead.

3. Term and Termination

3.1. This Agreement shall commence on the Effective Date and shall continue indefinitely (the "Initial Term") unless either party provides written notice of termination to the other party at least 0 days prior to the expiration of the then-current term.

3.2. This Agreement may be terminated by either party upon written notice to the other party in the event of a material breach of this Agreement by the other party that is not cured within 0 days of written notice.

4. Lead Ownership

4.1. All Exclusive Qualified Leads generated by Lead Generator hereunder shall be the sole and exclusive property of the Lead Generator and Client.

4.2. Lead Generator agrees to take all reasonable steps to protect the confidentiality of all of Client's data, including but not limited to, Exclusive Qualified Leads.

5. Confidentiality

5.1. Each party agrees to hold in confidence all Confidential Information of the other party. "Confidential Information" includes all information disclosed by one party to the other party in connection with this Agreement, whether in writing, orally, or electronically, that is designated as confidential or that by its nature ought to be treated as confidential.

5.2. The obligations of this Section 5 shall not apply to information that: (a) was already known to the receiving party on a non-confidential basis; (b) is or becomes publicly known through no fault of the receiving party; (c) is rightfully received by the receiving party from a third party without a confidentiality obligation; or (d) is independently developed by the receiving party.

6. Representations and Warranties

6.1. Each party represents and warrants that it has the full power and authority to enter into this Agreement and to perform its obligations hereunder.

6.2. Lead Generator represents and warrants that all Exclusive Qualified Leads provided to Client hereunder will comply with all applicable laws and regulations.

7. Indemnification

7.1. Lead Generator agrees to indemnify and hold harmless Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to a breach of this Agreement by Lead Generator.

7.2. Client agrees to indemnify and hold harmless Lead Generator from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to a breach of this Agreement by Client.

8. Limitation of Liability

8.1. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements.