PIONEERinfo

This Mortgage Lead Agreement is intended to be a binding contract between the person and/or company (hereinafter, "Client")named on the accompanying and incorporates the Invoice ("Invoice") and Pioneer Info & Marketing, Inc.. Please read this agreement carefully. Your signature and/or payment includes your agreement and affirms you are authorized to approve this transaction on behalf of the company that you represent. "Leads" are defined as parties or individuals who through the Internet are requesting information about obtaining a mortgage loan or data complied and supplied in list form. Leads are transmitted via e-mail on excel or plain text.

You will receive a separate email with your invoice SORRY WE CANNOT ACCEPT ORDER CHANGES It may take up to 1 business day before you receive your order. Please inform your sales associate if you have any special requests to receive your order sooner. Once your order is complete you will receive an e-mail with your user name and password and instructions how to download the order at http://www.pioneerinfo.net/member_login.php

(A) Client agrees to maintain the privacy and confidentiality of all Leads received by Client. Client also agrees to comply with all laws, regulations, rules, and ethical and professional standards (collectively, "Laws") applicable to Client, Client's Licenses (as hereinafter defined) or Client's business.

(B) Client certify that client is properly licensed or other wise authorized to conduct mortgage business in the state(s) for which client has entered. Client understands that ANY and ALL leads are to be used for the SOLE purpose of conversion to a home loan AND that these leads SHALL NOT be resold or re-distributed to others outside of the company which is purchasing the leads. The leads AND ALL of the information contained therein SHALL remain the sole property of Pioneer Info & Marketing, Inc.. and CANNOT be used for any other purpose without our explicit written permission.

(C) I/we agree to comply with any and all federal and state do not call regulations and laws. To read the complete terms and conditions in regards to the DNC click here.

The following agreement governs your use of the Pioneer Info & Marketing, Inc. data and website. If you do not agree to these terms, please exit the site now and/or delete your data order You acknowledge that the U.S. Federal government, certain states and self-regulatory bodies may each have restrictions on telemarketing activities, including but not limited to permitting a telephone subscriber to give public notice that such subscriber does not wish to receive sales solicitation telephone calls. Due to the varying publication dates of such notices, Pioneer Info & Marketing, Inc disclaims any warranty, express or implied, that the names and telephone numbers of all such subscribers have been identified on or deleted from the data ordered by or for you or your customer.

You understand and warrant that you will comply with the rules relating to any Do-Not-Call Registry ("DNC Registry") promulgated by federal, state or self-regulatory bodies, specifically including those rules that:

(A) Require all sellers who initiate, or cause a telemarketer to initiate, an outbound telephone call that is not otherwise exempt to pay the appropriate fees for any DNC Registry,

(B) Require all telemarketers who initiate an outbound telephone call that is not otherwise exempt on behalf of a seller to ensure that the seller has paid all appropriate fees for any DNC Registry, and

(C) Require any company performing DNC list scrubbing on behalf of a seller to ensure that it is scrubbing the calling lists against that seller's and only that seller's version of the DNC list.

You certify under the penalty of law that you will use the information gathered from any DNC Registry solely to comply with the provisions of any regulatory or self-regulatory body or otherwise to prevent telephone calls to telephone numbers on the registry. Information will be provided from recognized industry compilers of leads/data and other sources. Pioneer Info & Marketing, Inc makes no representation or warranty, express or implied, regarding the accuracy or completeness of data/leads to be delivered, results to be obtained with the data, or that the data/leads has been scrubbed against any regulatory or self-regulatory DNC Registry. Pioneer Info & Marketing, Inc is not liable for loss of profits, or for any other claims regardless of the form of action. Pioneer Info & Marketing, Inc sole liability would be to return the amount paid for the data. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

If applicable, you will, whenever reasonably possible, secure your customer's written agreement concerning notification obligations of the previous sections.

Scrubbing services are performed by an independent vendor of Pioneer Info & Marketing, Inc Pioneer Info & Marketing, Inc makes no representation or warranty regarding the accuracy of the scrubbing service, and you agree that you have no recourse against Pioneer Info & Marketing, Inc in the event the scrubbing service provided to you is inaccurate or incomplete.

I/we agree to comply with any and all federal and state do not call regulations and laws. Per the TCPA, which went into effect in 1991, no telemarketing calls can be made to a wireless phone since the consumer may be charged for this call. The regulations require that all telemarketers scrub their dialing lists against the Neustar list at least every 15 days. I the purchaser of the data/leads understand it is my sole responsibility to decide if I/we need to scrub wireless phone numbers and Pioneer Info & Marketing, Inc. does not remove wireless phone numbers from the leads/lists sold to clients.

SAN# request is a method for Pioneer Info & Marketing, Inc. to verify that you or your client is registered with the FTC as a compliant telemarketing entity. This SAN# request is a matter of protocol as these telemarketing files have been regularly scrubbed against the Federal DNC list and the Federal law states that all parties must be registered in order to gain any benefit from these Federally sponsored DNC lists. This request, however, does NOT warrant that this data is 100% compliant at the time of your order. Likewise, Pioneer Info & Marketing, Inc. urges all telemarketing companies and/or their agents to perform subsequent DNC scrubbing against all Federal and State DNC lists. This scrubbing can occur by contacting your Pioneer Info representative at 866-261-6770.

Pioneer Info & Marketing, Inc.. may cancel this agreement at any time, with cause, by written notice to the other party. A reimbursement based on the number of leads left in program will be refunded within 30 days of cancellation. We reserve the right to refuse service to anyone.

(A) Pioneer Info & Marketing, Inc.. takes reasonable care in providing this information. However, we do not assume any liability for the correctness of this information, or the information from which it is compiled, nor warrant the comprehensiveness, completeness, accuracy, number of times distributed, date generated or adequacy for any purpose or particular use of this information. Pioneer Info & Marketing, Inc.. reserves the right to provide client with any lead available in the licensed area to fulfill agreement. Every effort will be made to provide the most desirable leads. Pioneer Info & Marketing, Inc acts solely as a "re-seller" of leads/data and any actual liability would rest with the original compiler of the leads/data.

(B) Pioneer Info & Marketing, Inc.. does not guarantee the delivery of your ordered leads from our web site through your or our e-mail server. Due to uncontrollable technical issues we cannot be held responsible for any leads you do not receive via e-mail or any lost revenue, time or resouorces by customer. Pioneer Info & Marketing, Inc does not assume any responsibility to store or save leads, data or orders on our computer hardware for more than 10 business days from scheduled delivery or invoice date.

(C) Pioneer Info & Marketing, Inc. reserves the right to use any e-mails, voicemails, verbal conversations or any correspondence between Pioneer Info & Marketing, Inc. and a potential client or existing client to promote our products and services. You agree and consent to have your correspondence posted on our web site, sent in an e-mail or given by phone as a reference which could but not be limited to your name, company name, e-mail or phone number for prospective clients of Pioneer Info & Marketing, Inc to contact you as a reference. If you do not want to be listed as a references or would like to have your information removed from our database or want your information kept private. Please submit to us in writing stating this to: Pioneer Info & Marketing, Inc, 9323 N. Government Way #107 Hayden, ID 83835

(A) Eligibility. Client will not be entitled to request a refund for data entered by consumers that is incorrect concerning income, assets, debts, or other information necessary to the underwriting and/or processing of a credit request. The outcome of your lead program is not guaranteed. No monetary refunds. If paying by credit card you further agree to waive your right to "charge-back" and dispute this transaction with your credit card company and agree to the our replacement policy. If charge back or refund does occur you agree to pay a $100 refund fee assessed by the merchant account plus a minimum of a $100 processing fee. If paying by check purchaser agrees not to stop payment or face collection activity and legal action to collect debt.

(B) Procedure to Claim Refund. Pioneer Info Advantage replacement instructions for lists/data: Pioneer Info will replace the data/lists/leads under the following conditions. This will be a one time replacement request and data/lists/leads will be replaced one time only after you have completed calling/contacting/marketing the entire list. Customer must e-mail to info@pioneerinfo.net the orginial leads received from PIONEERinfo creating a new column to the right of the spreadsheet using the following codes to identify the data/leads that are requested to be credited/replaced. NI= Not Interested. DISCO = Disconnected Phone. OL = Old Lead. DNC = Do Not Call List. MISC = Other Reason (must specify) Pioneer Info & Marketing, Inc.. solely reserves the right to determine which leads are refunded

Client agrees to indemnify, defend and hold Pioneer Info & Marketing, Inc.. harmless from and against any claim, liability, cost, loss, demand, damage, judgment or award (including but not limited to (a) court costs and (b) attorney and expert witness fees and costs for counsel and experts chosen and directed by Pioneer Info & Marketing, Inc..) arising from or in connection with any third parties products and services including, but not limited to internet generated leads, consumer information, mortgage data or sales/marketing leads not generated or compiled by Pioneer Info & Marketing, Inc.. and (a) any false statement in any of Client's representation or warranties contained in this Agreement or (b) any breach by Client of any of Client's covenants and agreements contained in this agreement, including but not limited to Client's agreements regarding Confidential Information and regarding Client's ongoing compliance with Licenses, Laws and Professional Standards. Pioneer Info & Marketing, Inc reserves the right to use client comments be they e-mail, voicemail or written for any purpose, to include posting comments on web sites operated by Pioneer Info & Marketing, Inc. Client agrees to arbitration as a first step to resolve a dispute between both parties. Arbitrator will be chosen by Pioneer Info & Markerting, Inc. This Agreement shall all be governed and construed in accordance with the laws of the State of Idaho applicable to agreements made and to be performed in Idaho. You agree that any legal action or proceeding between Pioneer Info & Marketing, Inc. and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Idaho. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Pioneer Info & Marketing, inc. failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Pioneer Info & Marketing, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

PIONEERinfo through contracted third-parties shall contact via telephone Consumers who, based on the client peramiters meet the order parameters set forth in Clientç—´ Purchase Order in order to generate an interested party

The PIONEERinfo Representative shall seek to call transfer the Interested Consumer to the Client at the primary phone number set forth in your on-line management panel.

A) When the PIONEERinfo Representative dials the last number of the primary number you have 60-seconds to answer a telephone call from the PIONEERinfo Representative at the Primary Number or after 15 seconds of no answer or if a live client does not answer we will dial the Secondary Number if you have one entered and unconditionally agree to have the telephone call transferred to client. IF YOU ARE SCHEDULED TO RECEIVE LEADS AND NO NOT ANSWER THE PHONE FOR ANY REASON YOU WILL BE CHARGED FOR THE LEAD AND NO REFUNDS WILL BE ISSUED

B) Upon transfer of a telephone call to Client, the PIONEERinfo Representative shall remain on the phone for the sole purpose of introducing the Interested Consumer to the Client Agent. Upon making such introduction, the PIONEERinfo Representative shall disconnect from the call.

C) Client shall have access to the Lead Data for the Interested Consumers who have been call transferred to Client via the Web Application. The PIONEERinfo Representative will provide the Client Agent with the Interested Consumerç—´ 10-digit telephone number so as to enable the Client Agent to access such Lead Data

D) At its discretion, PIONEERinfo may (but shall have no obligation to) record or cause to be recorded telephone calls made to Consumers up until the time that the PIONEERinfo Representative disconnects from the call. If recorded, the individual recordin gs of calls transferred to Client are accessible via the Web Application.

E) PIONEERinfo has no obligation to deliver Live Transfers to Client in the amounts, at the times and/or on the days requested by Client. Client acknowledges and understands that PIONEERinfoç—´ ability to deliver Hot Transfers to Client in the amounts, at the times and/or on the days requested by Client is dependent upon a number of factors, including, without limitation, the number of Interested Consumers at any point in time and the price that Client has agreed to pay for Hot Transfers. Clientç—´ sole remedy if PIONEERinfo does not deliver Hot Transfers to Client in the amounts, at the times and/or on the days requested by Client is to INCREASE THE PRICE TO PAY PER LEAD BY SUBMITTING A CHANGE ORDER REQUEST PIONEERinfo will NOT refund to Client any amounts paid by Client for Hot Transfers.

H) Client shall assure that it is properly staffed with Client Agents to receive Live Transfers from the PIONEERinfo Representative. Client understands and acknowledges that its failure to be properly staffed may result in Live Transfers not being connected to a Client Agent, and that Client must pay for all Live Transfers I f you are speaking to an applicant we suggest you pause your campaign to avoid another transfer being sent while you are on the phone taking an application(regardless of whether a Client Agent is connected to the Hot Transfers). Client shall assure a minimum window of six (6) hours during which it will receive Live Transfer on any day its account is active. Client has the ability to stop delivery of Live Transfers temporarily at any time during the transfer-receiving window by placing its account å¾¹n Hold on the Client Extranet.

I) Guaranteed to Close Live Telemarketing Program - Return a bad lead on-line through your account. Replaced lead will be reflected as a credit for another lead. Maximum credit equals the amount of leads purchased. ie 5 leads purchased maximum credit would be 5 leads. Lead guarantee is a one time replacement.

1) Return a bad lead by clicking on the dispute link from the member home page.
2) Replaced lead will be reflected as a credit located at the refunded link. Maximum credit equals the amount deposited over $240. ie $240 deposited maximum credit would be $240.
3) Guarantee applies to 0 to 2 day leads only.

Any claim or controversy arising out of or relating to the use of Pioneer Info's services, to the goods or services provided by Pioneer Info, or to any acts or omissions for which you may contend Pioneer Info is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration venued in Kootenai County, Idaho. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Pioneer Info. In any arbitration, Pioneer Info will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Kootenai County, Idaho. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND PIONEER INFO, INC. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Pioneer Info's goods and services you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Pioneer Info, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Kootenai County, Idaho. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

Compliance. Restrictions include script approval for outbound calling, sample mail piece approval for direct mail, required opt-out statement to be included in mail piece script, and firm offer of credit required in script or mail piece. All of the following conditions must be meet to be in compliance. Please review your pieces prior to submitting them for approval to help expedite the process. Firm Offer of Credit. The mail piece should offer a minimum AND maximum amount to finance.The minimum amount has to be a reasonable loan amount with value.The maximum amount has to be reasonable for the targeted consumer to be approved. Set of approval criteria that the consumer could reasonably be expected to meet. Opt Out -Short Notice. Short Notice has to be on the front page of the offer / mailer. Short Notice has to direct the reader to the Long Notice. Short Notice type size has to be larger than the size of the principal text on the same page.Short Notice type size has to be at least 12 pt. Short Notice type has to be in a different style than the principal text on the same page (i.e., bold, italics, different color, etc.) It has to be inside of a border in a format that distinguishes it from other text on the page. Example: You can choose to stop receiving â€œpre-screenedâ€ offers of credit from this and other companies by calling toll-free 888-567-8688. See the PRESCREEN & OPT OUT NOTICE below for more information about prescreened offers. Opt Out - Long Notice The type size can be no smaller than the type size of the principal text on the page. The type size has to be at least 8 pt. (preferably 10pt. and recommended 12 pt. if on the reverse side). It has to begin with the following heading in capital letters AND underlined: â€œPRESCREEN & OPT OUT NOTICEâ€ (see example below) The type style has to be distinct from the type style of the principal text of the page (i.e. bold, italics, or different color) It has to be set apart from other text on the page, such as indenting margins and a blank line above and below it. It must contain ONLY language regarding the Opt Out message and nothing else that could confuse the consumer. It MUST be in clear, concise, and simple terms that the average consumer will easily understand. Example: PRESCREEN & OPT-OUT NOTICE: This â€œprescreenedâ€ offer of credit is based on information in your credit report indicating that you meet certain criteria. This offer is not guaranteed if you do not meet our criteria including providing acceptable collateral. If you do not want to receive prescreened offers of credit from this or any other companies, call the consumer reporting agencies toll-free, 1-888-567-8688 or visit the website at www.optoutprescreen.com; or write TransUnion Opt-Out Request PO Box 505, Woodlyn, PA 19094-0505, Equifax Options, P.O. Box 740123 Atlanta, GA 30374, Experian Information Systems, Inc., P.O. Box 919, Allen, TX 75013. The Long Notice cannot contain any information other than what you see here that might confuse the FCRA message. Any additional specific lending criteria that we now have in our disclaimer or any other terms and conditions such as debt to income ratios, etc., will also have to be meet. This notice is for Opt-Out compliance guidelines only and is to be used for a checklist ONLY.

This Third Party Processor Undertaking (the â€œUndertakingâ€) is being provided by the above-named Third Party Processor (â€œThird Party Processorâ€) to Experian Information Solutions, Inc. (â€œExperianâ€) in connection with the Prescreening Services and/or Account Monitoring Job(s) and Client described above. From time to time on written instructions from Client, Experian may (i) prepare and provide Third Party Processor with lists of individuals developed by Experian, (ii) provide Third Party Processor with credit scores some of which are proprietary to Fair Isaac Corporation (â€œFair Isaacâ€) and some of which are proprietary to Experian and/or (iii) append data to Client supplied lists. This Undertaking applies to (i) any such list or other media provided directly or indirectly by Experian to Third Party Processor on behalf of Client (â€œMediaâ€) and (ii) any Experian and Fair Isaac credit scores provided directly or
indirectly by Experian to Third Party Processor on behalf of Client (â€œScoresâ€) . For good and valuable consideration and intending to be legally bound, Third Party Processor agrees as follows: 1. Third Party Processor acknowledges that the Media is and shall remain the property of Experian and shall do nothing inconsistent with the copyright or other proprietary rights of Experian in and to the Media. Third Party Processor will not duplicate or compile any data contained in the Media or provide the same in any form to any third party. Notwithstanding the foregoing, Third
Party Processor may make a copy of the data and Scores for back-up purposes only and may provide the data contained in the Media to Client regarding any individual to whom Client extends a firm offer of credit or otherwise has a permissible purpose to receive. When instructed by Experian, Third Party Processor agrees not to provide Client with coded information (discussed in general below) pertaining to specific credit data. Except as done at the request, and for the exclusive benefit, of Client, Third Party Processor shall not conduct any analyses of the Media or otherwise use it to understand the nature, character or quality of the Media, nor shall Third Party Processor use any information it obtains as a result of its handling, processing or possession of the Media in connection with the creation, testing, promotion, marketing, selling and/or licensing of Third Party Processorâ€™s information, products or services. Third
Party Processor agrees to destroy the Media and any copies of the data and Scores made by or on behalf of the Third Party Processor immediately upon completion of the Undertaking for which the Media was initially provided to Third Party Processor. 2. For the purposes of Prescreening Services only, Third Party Processor acknowledges that all credit information and certain other information, including social security numbers, provided hereunder will be coded and/or truncated so as not to reveal to Third Party Processor any such information about any individual whose name is contained on any Media, and Third Party Processor agrees that it will return to Experian immediately any Media inadvertently supplied without such coding. Notwithstanding anything herein to the contrary, in no case will Third Party Processor attempt to learn or understand the selection criteria applied by Experian in the preparation of the Media or the meaning of any coded information provided on the Media. 3. All instructions from Experian to the Third Party Processor regarding the specific credit data that Third Party Processor may not provide to Client (referenced in Paragraph 1 above), shall be communicated in writing to Third Party Processor employee designated
4. Third Party Processor acknowledges that the Scores are proprietary to Fair Isaac and/or Experian and the Third Party Processor agrees that it will not provide the Scores to any other party other than the Client without prior written consent from both Experian and Fair Isaac (with respect to Fair Issacâ€™s proprietary Scores) or Experian (with respect to Experianâ€™s Scores) or use the Scores for any purpose other than in connection with the Prescreening Services and/or Account Monitoring Job(s) required by the Client(s). Third Party Processor agrees that it will not (i) use the Scores for model development, model Validation (as defined below), reverse engineering, or model calibration or (ii) resell the Scores or use the Scores to maintain or populate a Prospect Database unless the appropriate Prospect Database End User agreement has been executed between Experian and the Client. For purposes of the foregoing, â€œValidationâ€ shall mean the process wherein Scores are calculated to demonstrate a Score's ability to rank-order the outcome (such as a payment default or bankruptcy) among a group of a Clientâ€™s customers, prospects or applicants,
including score distribution and account performance measures (including delinquency, charge-off, bankruptcy, and revenue). Third Party Processor acknowledges and agrees that Fair Isaac is a third party beneficiary of the provisions of this paragraph 4, with right of enforcement. 5. Experian will have the right to audit Third Party Processorâ€™s use of the Media and Scores in connection with the Prescreening 03.20.06 Page 2 of 2 3ppu(w FIC).doc Services or Account Monitoring Job(s) to assure compliance with the terms of this Agreement. Third Party Processor shall be responsible for assuring full cooperation with Experian in connection with such audits and will provide Experian or obtain for
Experian access to such properties, records and personnel as Experian may reasonably require for such purpose.

This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty independent of those expressly set forth in this Agreement. No direct benefit is intended to be conferred by this Agreement on any person not a party to this Agreement and any benefit which may be actually conferred is purely incidental.

You're establishing of an account opening of any attachments containing leads via e-mail and/or your use of the Pioneer Info Website is evidence that you have read and understand this Terms of Service Agreement as set forth above and that you have had the opportunity to consult with independent counsel of your choice prior to establishing your account and utilizing the services contemplated by this Agreement.