Terms of Service

Last Updated: 11/20/2024

These Terms of Service (“Terms”) govern access to and use of the lead generation and business blog services (collectively, the “Services”) provided by The Lead Partner (“we” or “our”) through the website theleadpartner.com (the “Site”). By subscribing to or using our Services, you agree to these Terms.

1. Eligibility and Authority

To access our Services, you must be at least 18 years of age. If you are using our Services on behalf of a business or organization, you confirm that you are authorized to accept these Terms on behalf of such entity, and that the entity will be responsible for any breach of these Terms.

2. Accounts and Security

To use certain Services, you must provide us with accurate and updated contact and subscription information. You are responsible for maintaining the security of the information you provide. The Lead Partner may send electronic notifications (e.g., service updates, content that requires your review, billing updates) as part of our contractual relationship.

3. Privacy and Data Handling (International Privacy Compliance)

The Lead Partner is committed to complying with all applicable privacy regulations, including the General Data Protection Regulation (GDPR) of the European Union, the California Consumer Privacy Act (CCPA), Brazil’s Lei Geral de Proteção de Dados (LGPD), Switzerland’s Federal Act on Data Protection (FADP), and any recent privacy regulations that protect our clients.

Privacy Officer: Juan Camilo Martinez – privacy@theleadpartner.com

The personal data of clients and leads will only be processed as set out in our Privacy Policy. As we collect and process data globally, clients using our services are responsible for ensuring compliance with applicable local laws within their jurisdictions. The Lead Partner shall not be liable for the use of its services in jurisdictions with laws that differ from the standards with which we comply.

4. Description of Services

The Services provided include:

Lead Generation: Subscription plans in which we operate automated lead generation campaigns to deliver qualified leads.
Organic Traffic: Services for blog optimization and organic traffic generation through SEO content.
Monetized Blog Built: A fully functional, professionally designed, and SEO-optimized blog created to meet the strict requirements for monetization programs. This service includes initial published content, compliance with GDPR and US privacy regulations, and private VPS hosting for one year. Clients retain full ownership and responsibility for ongoing management after delivery.

Specific details for each plan, including limits and particular features, are available on our pricing page at theleadpartner.com/pricing.

5. Rights and Licenses

We retain all rights to the content developed as part of the service, unless otherwise agreed. For the Monetized Blog Built service, clients receive full ownership of the blog and its associated monetization accounts upon delivery. The client retains rights to all data, including monetization earnings, and remains responsible for compliance with the terms and conditions of the monetization programs.

The Lead Partner does not guarantee exclusivity over optimized content (such as SEO articles) but commits to tailoring it to the target audience. Additionally, The Lead Partner reserves the right to use internally generated content to improve its services.

6. Liability and Expected Outcomes

The Lead Partner does not guarantee specific results, such as increased sales, organic traffic, or monetization approval. The success of the Monetized Blog Built service depends on several external factors, including the client’s adherence to monetization program policies and the ongoing management of the blog. The client is responsible for maintaining compliance with the terms and conditions of monetization programs after delivery.

The Services are designed to increase sales opportunities, organic traffic, and revenue potential, but outcomes may vary based on the client’s industry, audience, and content strategy.

7. Use of Third-Party Tools and Platforms

When using our Services, you agree that we may integrate third-party tools, including:

Zapier for app integration,
Bird (formerly MessageBird) for communication and messaging,
Cloudflare for security and performance optimization,
Termly for privacy policy and terms of service management,
Mailchimp for email marketing,
Google Ads for digital advertising,
Plesk for hosting and server management,
VPS hosting providers for the Monetized Blog Built service,
Monetization programs and accounts as part of blog delivery,
Google Analytics for web traffic analysis,
ChatGPT (OpenAI) for content generation and AI assistance.

The Lead Partner is not liable for changes or limitations in the performance of these tools, including monetization programs, VPS hosting providers, or account approval processes. Each third-party service is subject to its own terms and conditions, and the client assumes full responsibility for managing these services post-delivery.

8. Prohibited Conduct

By using our Services, you agree not to:

Use lead data in ways that violate privacy laws,
Share or transfer leads without the express consent of The Lead Partner,
Engage in any activity that could harm, disable, or interfere with the Services or the Site,
Use the service for prohibited activities, such as spam campaigns, unsolicited messages, or the creation of content that violates monetization program guidelines,
Publish or request blogs covering prohibited topics, including adult content, hate speech, illegal activities, drug-related content, discriminatory content, or other topics restricted by monetization programs,
Impersonate any person or entity, including employees of The Lead Partner,
Develop or use unauthorized third-party applications to interact with our Services.

9. Compliance with International Laws and Export Restrictions

The Lead Partner operates under U.S. jurisdiction and is not liable if our services are used in countries that do not comply with these standards. Furthermore, services are prohibited in countries subject to international sanctions, including, but not limited to, Cuba, Iran, North Korea, and Syria.

10. Indemnification

The user agrees to indemnify and hold harmless The Lead Partner and its employees from any claims or damages (including legal fees) arising from the use of the Services or the user’s breach of these Terms.

For the Monetized Blog Built service, this includes indemnification against:
● Non-compliance with monetization program policies after delivery.
● Disputes arising from third-party services or platforms integrated into the blog, including but not limited to hosting providers or monetization accounts.
● Client modifications to the blog, including plugin installations or design changes, that result in performance, compliance, or security issues.

11. Artificial Intelligence (AI) Functions

The Lead Partner uses AI functions to generate marketing and SEO content. Clients are responsible for ensuring that the use of such content complies with all applicable laws and regulations in their campaigns.

12. Intellectual Property Rights on Tools and Algorithms

Any algorithm, script, methodology, or technology developed and used by The Lead Partner to provide services constitutes the intellectual property of The Lead Partner, and no usage rights are granted to clients other than for receiving the contracted services.

For the Monetized Blog Built service, the following applies:
● The client receives ownership of the delivered blog, including content, monetization account credentials, and hosting access.
● Custom tools, scripts, or configurations used during the setup process remain the intellectual property of The Lead Partner unless explicitly transferred.
● SEO-optimized articles and initial content provided with the blog are licensed to the client for use but are not guaranteed exclusive to the client’s niche or industry.

13. Limitation of Liability (Exclusion of Incidental and Punitive Damages)

The Lead Partner shall not be liable for incidental, punitive, indirect, or consequential damages arising from the use of the Services. Total liability shall be limited to the amount paid for the Service in the last 12 months.

For the Monetized Blog Built service, The Lead Partner is not responsible for:
● Disapproval or rejection by monetization programs after delivery.
● Issues resulting from client modifications, such as plugin installations or changes to the blog’s design or configuration.
● Non-compliance with monetization program terms or guidelines.
● Performance or security issues caused by third-party tools or services integrated into the blog.

14. Dispute Resolution and Arbitration (Waiver of Class Actions)

Any dispute related to these Terms or our Services shall be resolved by confidential, binding arbitration in the United States, in accordance with the laws of the state where the company is registered. No class or representative actions are permitted against The Lead Partner.

Disputes arising from client non-compliance with monetization program terms, account disapproval, or modifications made by the client to the Monetized Blog Built that negatively affect its performance or compliance are excluded from arbitration. Such issues are the sole responsibility of the client.

15. International Data Transfer and Processing

By using our Services, the user consents to the transfer and processing of their data in the United States and other countries where The Lead Partner or its service providers operate. The Lead Partner ensures compliance with international data protection standards for such transfers.

16. Beta Features and Free Trials

The Lead Partner may offer beta features or free trials of certain functionalities. These features may be subject to changes and may not guarantee complete functionality. The user agrees to use these features at their own risk.

The Monetized Blog Built service does not specifically involve beta features or free trials, but to avoid ambiguity, this section should clarify that this service is not subject to beta or trial conditions.

17. Refund and Cancellation Policy

Refunds may only be requested within the first five (5) days after contracting the service for new clients or within the first five (5) days after the billing date for current clients. Valid refund causes include technical issues or initial dissatisfaction.

For the Monetized Blog Built service, refunds are not available if the blog has been delivered and credentials for hosting, WordPress, and monetization accounts have been transferred to the client. The client assumes full responsibility for maintaining compliance with monetization program policies and for any modifications made to the blog after delivery.

Refund Proportion

The Lead Partner charges a fixed rate that includes professional services and subcontracted services (Mailchimp, Bird, Google Ads, among others), with payments made in advance. The Lead Partner’s own services are refundable per this period, but third-party services are subject to each provider’s refund policies, requiring compliance with their refund conditions for applicability. No refunds will be made for advertising expenses on platforms such as Google Ads, Facebook Ads, or on advertising management fees, as these constitute direct client expenses.

Specific Limitations and Cancellation Fees

No refunds will be granted if the client requests additional services not included in the contract or expresses dissatisfaction due to a misunderstanding of the services offered (e.g., comparisons with agencies that offer dedicated account executives).

Cancellation Fee: In the event of cancellation after the five-day contracting or billing date period and before ten days, only the contracted services and remaining advertising budget will be refunded. However, the advertising management fee and a 5% service fee for each subcontracted service will be charged.

18. Termination

We reserve the right to suspend or terminate access to the Services in case of violation of these Terms. In case of termination, account data will be retained for a limited period before permanent deletion.

For the Monetized Blog Built service:
● Upon termination, The Lead Partner will not be responsible for managing or maintaining the blog or its associated services.
● The client retains full ownership of the blog, hosting, and monetization accounts post-termination and assumes responsibility for compliance with program policies and account management.
● If termination occurs before delivery, any partial work completed by The Lead Partner will remain the property of The Lead Partner unless otherwise agreed in writing.

19. Modifications to Terms

The Lead Partner reserves the right to modify these Terms. We will notify any changes on our Site, and your continued use of the Services will constitute acceptance of such changes.