Call Center Program Terms and Conditions
- There is no up-front cost to the dealer.
- Corporate will spend the money to generate calls and quote requests from your exclusive market that our Call Center will convert into either Warm Transfers (Page 1) or Set Appointments (Page 2).
- Bath Concepts's Call Center Rep will gather all the customer's information, verify the customer's home is in your territory, make sure they own the home, qualify and get details about their project, make sure it is a wet area remodel, verify that the customer has the time frame set aside and ask that both homeowners will attend the appointment.
- If we Warm Transfer:
- We will find out what time of day works best for the customer(s), then warm transfer the call to the dealer's office, and all the dealer's caller has to do is look at their calendar and schedule them for the next available day/time.
- **If a dealer doesn't answer their phone when we call to warm transfer a customer or isn't open when we are on the phone with the customer who wants to set an appointment, we will "tentatively" schedule the appointment (but not for a Next Day since we can't see your calendar). You will receive an email saying you have a SET appointment and you need to call and confirm it, or reschedule.
- We will email all the customer's information to the dealer's Call Center as we are transferring it, so you DON'T have to ask the customer for the information again when you set the appointment.
- If we Set an Appointment: Our Call Center Reps will do their best to set the appointments as close to 10am, 2pm and 6pm on weekdays and 10am and 2pm on a Saturday (if a dealer runs Saturday appointments). Since we cannot see your Appointment Calendar, we will NOT set a same day, or next day appointment, unless you let us know it's ok to do so, but will try to set the appointment between 2- 5 days out. You will be responsible to confirm all your appointments.
- We will email the customer's information to the dealer's Call Center after we set the appointment.
- We will be using Lead Perfection Lite and if a dealer is on Lead Perfection, the information about the set appointment will flow right into your system, no email is required.
- We will provide you a login to our Lead Perfection Lite system and we ask that you report the results of ALL warm transfers that we send you.
- Each Non-Branded Digital lead we warm transfer/Set will be billed at $300.
- Each Bath Concepts Branded Direct Mail/Coupon Wrap lead we warm transfer/Set will be billed at $300.
- Each Bath Concepts Branded National TV lead we warm transfer/Set will be billed at $350.
- Each Bath Concepts Branded Newspaper lead we warm transfer/Set will be billed at $425.
** Just like any other marketing source, just because the appointment gets set doesn't mean it's going to confirm. Warm Transfers or Set Appointments that cancel prior to the appointment running are still considered a chargeable lead. If you feel that a lead was not qualified by our team, you can submit a credit request to leadcredits@bathconcepts.com . We will then pull the call recording and determine if a credit should be issued.
As a condition of participation in the Company's lead generation program (the "Program") outlined herein the Dealer shall:
- Own and maintain at its own cost and expense CRM system such as Market Sharp, Lead Perfection, Improve-It and/or Sales Force or other system approved in advance by Company that is compatible with the Company's Program. Company also recommends having an auto dialer or click to call system to call the Consumer Leads immediately.
- Purchase and maintain at its sole cost and expense an Excel spreadsheet list of zip codes in a format acceptable to Company and provide Company in the Excel spreadsheet of Counties that Dealer does business in.
- Report results of warm transfer/Sets and straight form leads back to company.
TERMS AND CONDITIONS
TERMS OF PAYMENT. Dealer agrees that in order to participate in the Program it must first provide to Company a completed Billing Information form. Dealer represents and warrants that (i) the credit card information Dealer supplied to Company is true, correct and complete, (ii) Dealer or its representatives are duly authorized to use such credit card for the payment of Consumer Leads as outlined herein, (iii) charges incurred by Dealer will be honored by Dealer's credit card company, and (iv) Dealer will pay charges incurred at the posted prices. Company reserves the right to modify its prices for Consumer Leads sold to Dealer by providing Dealer 10 days prior written notice. Dealer agrees, acknowledges and authorizes Company to charge Dealer's credit card for all Consumer Leads purchased by Dealer in bi-monthly billing periods. The bi-monthly billing periods are the 1st-15th and the 16th - last day of the month. Dealer authorizes Company to maintain a record of Dealer's credit card in order to process the payment of the fees as outlined in the Agreement. Dealer may revoke this Authorization at any time and for any reason.
DISPUTED CHARGES. Dealer shall dispute all charges on its credit card within 10 days of the charge being made by Company on Dealer's credit card. If Dealer fails to dispute the charge then Dealer shall be barred from disputing the charge.
CANCELLATION. This Agreement may be terminated by Company at any time and for any reason or no reason at all. This Agreement may be terminated by Dealer with 30 days notice. The Dealer's obligation of payment shall survive termination.
INDEMNITY. Dealer agrees to indemnify and hold Company harmless with respect to any claims, loss, liability, damage or judgment suffered by Company, including reasonable attorney's fees and court costs, as a result of: a) Dealer's breach of this Agreement; b) The operation of Dealer's business, including but not limited to the sale of Dealer's products or services; and/or c) The Dealer engaging in any illegal, immoral or unethical conduct.
LEAD QUALITY. Dealer acknowledges that Company has made no representation or warranty as to the quality of the Consumer Leads. Dealer acknowledges and agrees it will be responsible to pay for any Consumer Lead it purchases from Company despite the quality of the Consumer Lead and even if the purchased Consumer Lead does not result in a sale of product to Dealer.
ASSIGNMENT. This Agreement cannot be assigned by Dealer.
DISPUTE RESOLUTION. The Parties consent to have all disputes regarding this agreement resolved by binding arbitration before AAA arbitration, Chicago, Illinois. The parties agree to conduct the arbitration in Chicago, Illinois and each party shall bear the costs of such arbitration. The parties specifically waive any international treaties or other international law which may govern the court or location of resolution of any dispute between them. This provision was a bargained for relinquishment of both parties' rights to jurisdiction in their respective states or countries. The Parties waive the personal service of any process upon them and agree that service may be completed by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address stated in this Agreement. Company shall be entitled to recover all reasonable costs of collection (including attorney's fees, in-house counsel costs, expenses and costs) incurred in attempting to collect payment from Dealer. The prevailing party in any Arbitration shall be entitled to an award of attorney fees and costs for such arbitration. P a g e 5 | 6
NOTICES. All notices may be provided by Company to Dealer in any reasonable form including but not limited to Dealer's last know email address.
LIMITATION OF LIABLITY. IN NO EVENT SHALL COMPANY BE LIABLE TO DEALER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THE AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, STATUTORY, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
COMPANY'S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND DEALER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY DEALER TO COMPANY IN A 30 DAY PERIOD.
WAIVER OF WARRANTY. COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) DEALER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY COMPANY, OR ANY OTHER PERSON ON COMPANY'S BEHALF AND DEALER SPECIFICALLY ACKNOWLEDGES THAT COMPANY SPECIFICALLY MAKES NO REPRESENTATION AND DISLCAIMS THE FOLLOWING: THE QUALITY OF THE CONSUMER LEAD, THAT THE CONSUMER LEAD WILL RESULT IN A SALE TO THE DEALER AND/OR THAT THE CONSUMER LEAD CAN QUALIFY FOR FINANCING OF THE DEALER'S SERVICES OR PRODUCTS.
