Exclusive Lead Referral & Marketing Agreement

Exclusive Lead Referral & Marketing Agreement

This Exclusive Lead Referral & Marketing Agreement (the “Agreement”) is between Swell Ventures LLC (the “Operator”), which owns and operates the LBI Exterior Cleaners website (the “Site”), and the crew identified in the signature block below (the “Provider”).

1. Parties. This Agreement is made between Swell Ventures LLC (“Operator”), which owns and operates the Site, and the Provider.
2. What the Operator provides. The Operator owns and operates the Site, markets residential exterior cleaning and restoration services — washing, roof and cedar treatment, deck and hardscape restoration, glass and gutters — to homeowners in Long Beach Island and the mainland, and collects homeowner enquiries (“Leads”). During the term, the Operator refers all Site Leads exclusively to the Provider.
3. Exclusivity; no volume guarantee. The Provider is the only crew to which the Operator refers Site Leads during the term. The Operator does not guarantee any number, quality, or value of Leads. Lead flow depends on search demand and rankings, which fluctuate and are outside the Operator’s control. The monthly fee buys exclusive access to whatever Leads the Site generates — not a set number of them.
4. Fee. The Provider pays the monthly fee agreed in writing between the parties and recorded in the signature block or an invoice issued under this Agreement. The fee is a flat amount covering every Lead and every telephone enquiry the Site produces during the month; there are no per-Lead charges and the Operator takes no percentage of any job. The fee is payable monthly in advance by the method the parties agree — invoice or recurring card payment — and continues each month until this Agreement ends. There are no refunds for partial months.
5. Provider responsibilities. The Provider will hold and maintain current New Jersey Home Improvement Contractor registration, general liability insurance, and workers’ compensation coverage (or a documented exemption). Registration is required because the services marketed by the Site include staining, sealing and coating work, which is a home improvement under N.J.S.A. 56:8-136 et seq. whether or not the washing that precedes it would be. The Provider will also work to the surface manufacturers’ published cleaning guidance, including the low-pressure methods specified for asphalt roofing and composite decking; manage wash-water run-off, chemical handling and any discharge to tidal waters in compliance with applicable federal, State and municipal requirements, which matter particularly for work on docks, bulkheads and lift structures over Barnegat Bay; obtain any permits the work requires; and contact Leads promptly, professionally, and lawfully, including complying with any telemarketing or consent rules that apply to the Provider’s own follow-up.
6. Homeowner relationship. Any quote, contract, job, warranty, payment, and dispute is solely between the Provider and the homeowner. The Operator is a marketer and referrer only, is not a party to any homeowner agreement, and does not perform, supervise, inspect, or guarantee any work. The Provider will indemnify the Operator against claims arising from the Provider’s work or conduct.
7. Ownership. The Operator owns and retains all rights to the Site, its domain, content, search rankings, and lead infrastructure. This Agreement rents Lead access only; the Provider gains no ownership of, or right to, the Site or the domain during or after the term.
8. Term and termination. This Agreement is month-to-month and begins on the date of the later of the two signatures below. Either party may end it for any reason, or for no reason, on thirty (30) days’ written notice to the other — the Operator and the Provider have the same right on the same terms, and neither has to give a reason. Notice by email to the address each party has given is sufficient.
9. Immediate suspension or termination for cause. The thirty days’ notice above does not apply where the Operator ends or suspends referrals because the Provider’s New Jersey Home Improvement Contractor registration, general liability insurance, or workers’ compensation coverage lapses or is revoked; because of damage caused by working outside the surface manufacturers’ published cleaning guidance; because a payment due under this Agreement is not made; or because of unlawful, unsafe, or unprofessional conduct, including conduct that in the Operator’s reasonable judgement harms the reputation of the Site or of homeowners it serves. In those circumstances the Operator may act immediately and without notice. Referrals resume, at the Operator’s discretion, once the cause is remedied and current documentation is on file.
10. What happens when it ends. Leads already delivered to the Provider remain the Provider’s to work, and any job already contracted with a homeowner is unaffected. From the effective date of termination the Provider stops receiving new Leads and telephone enquiries, and the Operator is free to refer them to another contractor. Fees for the month in which termination takes effect are not refunded.
11. Independent parties. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.
12. Governing law; entire agreement. This Agreement is governed by the laws of New Jersey. It is the entire agreement between the parties, and it may be changed only in a writing signed by both parties.

Signatures

The renter crew (“Provider”) signs electronically through the private link the operator sends them; the operator counter-signs. The executed record — signer name, title, date, and IP address — is stored with the crew’s account.