Dealflow Terms & Conditions
Guidelines Pertaining to the Service Engagement:
This contract is a formal engagement between Variance Marketing Inc. and [Company.Name]. This contract sets forth an engagement whereby Variance Marketing Inc. is responsible for increasing the conversion potential and revenue for [Company.Name] as much as possible.
- I understand that Variance Marketing has my best interests at heart and will do everything humanly possible to ensure my campaign success.
- I understand that lead generation from Variance Marketing is only a supplement to my sales efforts, not an overnight one-shot cure-all for my business.
- I understand that in order to close a deal, on average it takes 3-15 touch points and follow ups. I understand that Variance Marketing’s job is to provide the first 1-5 touch points and I must follow up, call, text, email or otherwise to close new customers. If I do not do this, I am severely hindering my results and I will not hold Variance Marketing accountable if these actions are not taken.
- The program you’ve chosen to hire us for is designed to build a high converting sales process, then outsource a portion of your lead generation efforts. The best way for Variance Marketing to achieve great results is to trust and allow us to run our process.
- I agree to allow Variance Marketing to do their job and not micromanage any part of the process.
- The growth of my business is solely my responsibility and I understand that I must engage in other proper business development activities including, but not limited to networking, referrals, cold calling, warm calling, etc. and not rely solely on Variance Marketing for my business success.
- I understand that Variance Marketing is a Lead Generation company and by going into business with them, I understand that they will generate leads, and it is my responsibility to generate sales.
- I understand that Variance Marketing has many clients and that Variance Marketing employees have lives and families and promise to respect their time and trust that the Variance Marketing team will deliver the results as outlined.
- I understand that Variance Marketing is not a perfect system and, just like any other business, challenges happen.
- I understand that I am going into a partnership with Variance Marketing and, if any challenge arises, we will both work together to solve any challenges and be patient with one another to make things right.
- I understand that by violating any of these rules, I will be impeding my own business, Variance Marketing’s business and Variance Marketing’s ability to generate consistent, long-term results for myself and their other clients.
Formal Contract for the Service Engagement:
BACKGROUND:
14. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
15. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
SERVICES PROVIDED:
16. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
- Create a custom sales funnel with multiple intricacies including landing page development, email marketing, media asset creation, and much more as defined in the packages above.
- Manage and execute outbound customer attraction initiatives entitled outflows in the form of social advertising, cold outreach, and much more as defined in the packages above.
- The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
TERM OF AGREEMENT:
17. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties. There are two main phases to this project. The first phase is the Development Phase, where assets are created, designed, and approved by Client (usually under 30 days). The second phase is the Marketing Phase, where assets are brought to market, split tested, tweaked, and optimized to produce results (min. 3 months of service for optimal results).
- The term of the agreement for the initial sales funnel portion is 30 days from the initial deposit date, then the term of the agreement for the outflow portion is 90 days from the marketing phase launch date.
- In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 30 days' written notice to the other Party.
- If the Client wishes to terminate this agreement prior to the 90 days from when the campaign is launched, the Client agrees to pay a cancellation fee amounting to 50% of 1 month's payment of marketing services outlined in their package.
- If the Client wishes to increase their service package or lengthen the contract term, the Client may do so only at the end of each 30 day cycle.
- By paying our service fee, and commencing a project with us, you are trusting in our marketing capability and expertise. We only create assets that we believe as a collective will work well within your campaign.
- Only 2 rounds of revisions will be provided.
- The client needs to approve/ ask for a second revision (if needed) within 3 days of 1st revision submission by Variance Marketing. If the 'Client' fails to do that, Variance Marketing will consider the assets final and will not be liable to do further revisions on the assets. Variance Marketing will push the assets live if the 'Client' wants OR the 'Client can get the assets edited themselves and let Variance Marketing know once done so that they can push the assets live. No refunds will be made if the client fails to correspond/communicate within the time frame (within 3 days of submission of revised assets) with Variance Marketing over the approvals or assets.
- In the event that a Client’s Facebook or TikTok ad accounts have an error preventing them from sharing access with Variance OR if it gets blocked for advertising for any reason; Variance Marketing Inc is open to creating internal ad accounts through a trusted third-party. The ad spend charges will all be in USD and there would be an additional 8.5% service fee deducted from the initial ad spend payment & all subsequent top ups.
- If the client wants to terminate the contract, they will have to inform Variance Marketing 1 month (30 days) before their contract ends, in the form of a written notice. However, if the client fails to do so, the contract will automatically renew and the client will be auto-billed for the following month.
- If the client does not use Variance CRM for recorded calls, SMS, and emails to speak with leads or sales opportunities, Variance Marketing Inc. has no way of optimizing the campaign or lead quality. That is why a subscription to Variance CRM is mandatory. If the Client refuses to use the Variance CRM, Variance Marketing Inc. will not be held responsible or liable for failure to meet any specified contractual guarantees.
- The setup fee charged by Variance Marketing Inc. under the 'Select Your Development Package' section in the Contract is NON-REFUNDABLE.
PERFORMANCE:
18. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
CURRENCY:
19. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
COMPENSATION:
20. If any package is selected, a 100% deposit of the monthly cost on the selected package (the "Deposit") will be payable by the Client immediately.
21. Invoices submitted by the Contractor to the Client are due immediately.
22. All fees are non refundable. Every package is final sale and we do not offer money back.
LEAD DEFINITIONS:
23. Client agrees to the definitions as outlined in the attached scope of work in this proposal.
CONFIDENTIALITY:
24. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
- The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
- All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
OWNERSHIP OF INTELLECTUAL PROPERTY:
25. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, is a "work made for hire" and will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
26. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
CAPACITY/INDEPENDENT CONTRACTOR:
27. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, provincial or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, provincial and federal taxes related to payments made to the Contractor under this Agreement.
Variance Marketing Inc. is being subcontracted by [Client Name] to serve as a secretary for routing inbound calls to the client. Calls may originate from Variance Marketing Inc.'s internal advertising efforts or third-party lead generation companies. Variance Marketing Inc. utilizes multiple lead sources to acquire and route these leads and calls to ensure optimal lead flow for the client. Variance Marketing Inc. will not be held responsible for the quality, intent, or conversion rate of these calls once routed to the client.
The mortgage industry lead generation and advertising compliance landscape is subject to frequent changes. Variance Marketing Inc. will make reasonable efforts to align its advertising and lead generation practices with the current regulatory requirements. However, Variance Marketing Inc. assumes no liability for compliance violations, penalties, or other risks associated with the client’s use of routed calls and leads. It is the client’s sole responsibility to ensure that their business processes and practices remain compliant with all applicable laws and regulations.
NOTICE:
28. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
- Variance Marketing Inc. 1001 Finch Ave W Unit 204, M3J 2C7, Toronto, ON
- or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.
INDEMNIFICATION:
29. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
ADDITIONAL CLAUSE:
30. Client agrees to allow Variance Marketing Inc. to use images, case studies and statistics as they relate to this project as part of Variance Marketing Inc's public portfolio.
31. Liability of this relationship is limited to the sales funnel set up fee, plus the sum of all monthly outflow payments.
32. Contractor is not liable for any email deliverability challenges or algorithm changes on social platforms.
33. Client understands that technical challenges may occur that are not in control of the Contractor. Client agrees that Contractor is not liable for delays or inabilities to deliver service including, but not limited to:
1. Shutdown or alterations of any major platforms or 3rd party software including, but not limited to LinkedIn, Facebook, or any email marketing software.
2. Other examples include global economic recessions or pandemics.
34. All Ad Spend is payable to third party platforms such as Facebook, TikTok, LinkedIn, etc, not Variance Marketing Inc. Ad Spend is an external cost that the Client agrees to pay in addition to the fees outlined in this agreement. You must have a minimum of $997/mo per platform in ad spend additional to the fees outlined in your agreement.
35. Variance Marketing Inc. reserves the right to terminate the agreement within 30 days of the marketing phase commencement date should the Client not utilize the Opportunity Pipeline in the Variance CRM. This is a lead pipeline that will show all of the Client's leads to date, appointments booked to date, appointments showed to date, and deals closed to date. The only way Variance Marketing Inc. can optimize the Client's marketing campaign to ensure strong results, is if the client is actively using the Variance CRM pipeline to showcase what deals are being worked on from the leads and appointments the Client receives. Client can obviously use their own internal CRM to make calls, conduct business, and make sales, however the Variance CRM pipeline must be used to notify the Variance Marketing service team on appointments showed to date, and deals closed to date.
DELAYS AND MODIFICATIONS OF SERVICE:
36. Any delays or modifications in service caused by either Client or Contractor will constitute an extension of the service terms with a maximum of a 10-day extension on the service terms of this contract.
37. Any excessive delays or modifications (more than 3 in any 30 day period) by the client that delay the campaign beyond 10 business days will extend the contract term by the equivalent delay period.
38. Any modifications to a campaign or terms will be agreed upon in writing via email and will serve as legally binding modifications to this agreement.
MODIFICATION OF AGREEMENT:
39. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
TIME OF THE ESSENCE:
40. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
ASSIGNMENT:
41. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
ENTIRE AGREEMENT:
42. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
ENUREMENT:
43. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
TITLES/HEADINGS:
44. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
GENDER:
45. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
GOVERNING LAW:
46. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario.
SEVERABILITY:
47. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
WAIVER:
48. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
VARIANCE CRM:
49. SMS and VoIP Fees:
You will be billed $10 to fund your new account with credits. These credits will be used for making outbound calls, receiving inbound calls, and sending text messages to your leads.
Typically in about $10 credits (that can be used over time), the client can make up to:
~ 385 Outbound Calls
~ 590 Inbound Calls
& ~ 665 Segments (For Text Messages)
The client can use these credits until they run out of them.
Once the client runs out of credits, Variance CRM will auto-bill the client $10 to fund new credits.