TERMS AND CONDITIONS
Legal & Regulatory Disclaimer
Nature of Services
Mohr Marketing (“The Agency”) is a specialized marketing and advertising agency. The Agency is not a law firm, a medical practice, or a referral service. We do not offer legal or medical advice, nor do we provide medical diagnoses or treatments. All content and services provided are strictly for marketing and lead generation purposes.
For Legal Professionals (Compliance with Rule 5.4)
The Agency operates as an independent contractor providing marketing services. Our billing model is based on the Fair Market Value (FMV) of marketing services rendered and administrative costs associated with lead generation. We do not engage in fee-splitting or fee-sharing arrangements with attorneys. The fees paid to The Agency are not contingent upon the final settlement value of a case, nor do they constitute a percentage of legal fees, ensuring compliance with ABA Model Rule 5.4 and equivalent state mandates regarding the professional independence of a lawyer.
For Healthcare Professionals (Regulatory Compliance)
Services provided to healthcare professionals are structured to comply with federal and state healthcare regulations, including the Anti-Kickback Statute (AKS) and Stark Law. Payments made to The Agency are strictly for advertising and marketing services at Fair Market Value. The Agency does not receive compensation in exchange for referrals of business reimbursable by federal health care programs (Medicare/Medicaid). The Agency does not influence clinical decision-making or patient steering.
TCPA & Consumer Consent
All leads and inquiries generated by The Agency are sourced through opt-in marketing campaigns in compliance with the Telephone Consumer Protection Act (TCPA) and the FCC’s rigorous consent standards. By utilizing our services, the Client acknowledges that The Agency has secured the necessary express written consent for the Client to contact the consumer.
No Guarantee of Outcome
While The Agency utilizes data-driven strategies to qualify leads, we do not guarantee the outcome of any legal case or medical treatment. The conversion of a lead into a retained client or patient is the sole responsibility of the professional practice.
MOHR MARKETING MVA PREPAY JOINT ADVERTISING & ADMINISTRATIVE SERVICES AGREEMENT
JOINT ADVERTISING & ADMINISTRATIVE SERVICES AGREEMENT
MASTER SERVICES AGREEMENT: POLICE REPORT-DRIVEN JOINT ADVERTISING
This Master Services Agreement (“Agreement”) is executed by and between XXX (“Client”), Mohr Marketing, LLC (“Agency”), and Legal Support Cases, Inc. (“Service Provider”) on this day.
- PARTIES & CONTACT INFORMATION
- CLIENT:
- Name:
- Address:
- Contact:
- AGENCY (Media Strategy): Mohr Marketing, LLC
- Address: 1636 N Cedar Crest Blvd #345, Allentown, PA 18104
- Contact: Ed Mohr | **@******tg.com | 610-510-7577
- SERVICE PROVIDER (Intake & Admin): Legal Support Cases, Inc.
-
- Role: Dedicated Inquiry Handling, Call Center & Document Services
- RECITALS & THE POLICE REPORT STRATEGY
- 2.1. Nature of Services: Agency acts strictly as a media buying and marketing strategist. Service Provider acts strictly as an administrative support service for document handling and intake processing. Neither entity is a “lawyer referral service”.
- 2.2. Proprietary Data Sourcing & DPPA Compliance: Agency utilizes a specialized technology stack to source fresh MVA data directly from official law enforcement reports nationwide. Agency has solidified a partnership with a law enforcement-owned agency to source Motor Vehicle Accident (MVA) data directly from official police reports.
- DPPA Mandate: All data acquisition and outreach protocols are strictly DPPA (Driver’s Privacy Protection Act) compliant. Information sourced from official law enforcement records is handled according to federal privacy standards to ensure all outreach is conducted through authorized, compliant channels.
- 2.3 FCC / TCPA Consent Framework: In addition to DPPA-compliant sourcing, Agency aligns its outreach methodology with the Federal Communications Commission’s “1-to-1 Consent” construct as a voluntary best-practice protocol for telephone and text outreach, notwithstanding that the FCC’s 1-to-1 Consent Rule was vacated by the Eleventh Circuit on January 24, 2025. As a result of that decision, the governing TCPA standard returns to “clear and unmistakable” consent, but broad, multi-seller consent flows remain exposed to significant TCPA and state-law risk.
The Campaign is therefore designed, wherever practicable, so that consumers affirmatively consent to contact from clearly identified brands and/or law firms, rather than from undisclosed lists of marketing participants. This 1-to-1 orientation is treated as the Gold Standard in inquiry and matter generation, providing higher consumer intent, stronger defenses in the event of TCPA litigation, and better alignment with emerging state privacy and carrier rules. Client acknowledges and agrees that (a) it is ultimately responsible for its own outbound contact practices and vendor configurations, and (b) Agency and Service Provider do not provide legal advice or any guarantee that adoption of these practices will eliminate regulatory or litigation risk.
- 2.4. Joint Advertising Compliance: Client acknowledges this campaign is a Joint Advertising arrangement. Client expressly takes liability for the content of the advertising utilized to ensure compliance with State Laws and Bar Association Mandates.
- 2.5. No Buying of Leads or Cases: Fees paid are for media inventory and administrative labor only. Agency does not sell “signed cases” or “leads,” but provides a comprehensive marketing and administrative infrastructure.
- 2.6. AI WebTracker® Synchronization: Agency utilizes proprietary technology to cross-reference law enforcement-sourced MVA data with real-time digital behavior. This identifies active prospects at the exact moment they are searching for legal help.
- THE 5-STEP VERIFIED CASE FLOW
- Data Acquisition (The Verified Source): Sourcing MVA data from official police reports via a law enforcement-owned agency partnership. This foundation is built on DPPA-compliant real-world incidents.
- Digital Synchronization (AI Tracking): Verified incident data is fed into the proprietary AI WebTracker® ecosystem.
- Dynamic Re-Engagement (Precision Ad Placement): Once a match is identified between the police report and active web behavior, Agency triggers personalized, 1-to-1 consented advertisements.
- Verification & Screening (Quality Control): Every inquiry passes through Scammer Scrub™ and regulatory filters to ensure compliance and quality.
- Direct Intake & Retention: High-intent prospects are processed by Legal Support Cases, Inc., who facilitates the administrative handling of the retainer and required documents. The Client receives a “Client Ready for Legal Review,” including executed attorney retainers and federal/state IDs.
- PAYMENT TERMS & STRICT NO-REFUND POLICY
- 4.1. Pre-Payment Required: The Media & Service Allocation Fee is due in full prior to the First Insertion Date. Agency will not front costs for the Campaign.
- 4.2. All Pre-Payments Are Final: The Marketing Campaign Fee and Setup Fee are non-refundable upon receipt. Funds are immediately allocated to secure police reports, media inventory, technology costs, and intake staffing.
- 4.3. Forfeiture on Termination: If Client chooses to pause or terminate the Campaign before the budget is exhausted, any remaining balance is forfeited and retained by Agency as a cancellation fee.
- 4.4. Draw-Down Account: Pre-paid funds create a service credit balance, not a refundable cash deposit, and are “drawn down” as Qualified Intakes are delivered.
- 4.5. Waiver of Chargebacks: Client explicitly waives any right to initiate a chargeback or dispute with their bank. Any quality disputes shall be resolved exclusively through the Credit Policy.
- CREDIT POLICY & TECHNOLOGY
- 5.1. Criteria for Credit: If an Inquiry Packet does not meet the administrative criteria defined in Addendum A, Agency will credit the campaign budget for that inquiry.
- 5.2. Notice Period: Agency must be notified within 14 days of delivery for a credit to be issued.
- 5.3. Change in Criteria: A change in the Client’s campaign criteria during the course of any current running campaign may change the cost allocation per inquiry for current and future campaigns. A Processed Inquiry will not be credited if there is a change in the current campaign criteria that invalidates the inquiry retrospectively.
- DELIVERABLES & DOCUMENT HANDLING
- 6.1. Scope: Each “Processed Inquiry” will include a completed intake form, Police Report, executed attorney retainer agreement (facilitated administratively by Service Provider), HIPAA, HITECH, and any other attorney-provided documents.
- 6.2. Background Data: Where available, Service Provider includes background checks, Compliance Program data, Call Recordings, and medical records.
- 6.3. Verification Stack: Where available, Service Provider includes background checks, Compliance Program data (Scammer Scrub™), IDology identity verification, and Call Recordings.
- 6.4 Independent Proof of Consent (TrustedForm Certify): For web-based lead flows, the program incorporates ActiveProspect TrustedForm Certify so that each digital inquiry is associated with a TrustedForm Certificate documenting when and where prior express written consent was obtained. This certificate can help create an independent record of the consumer’s interaction with the form and support consent documentation, compliance review, and audit response. It includes a video of the inquirer completing the form.
- 6.5. Record Keeping: Client is responsible for maintaining copies of all documents provided by Agency.
- DISCLAIMERS & LIMITATION OF LIABILITY
- 7.1 No Representation or Guarantee of Results: Agency’s sole duty is to run the Campaign as described. Agency does not represent or guarantee any level of response or that any interested person shall hire Client.
- 7.2. Fraud & Indemnification: Agency and Service Provider will not be held liable for any Claimant fraud or fake Claimants. Agency is indemnified from any lawsuit relating to Claimant fraud that may result in a lawsuit against the Client.
- 7.3. Liability Cap: In no event shall Agency be liable for any amount greater than the amount paid by Client to Agency for the most recent 30-day period.
- 7.4. Limitation of Damages: Agency is not liable for indirect, incidental, or consequential damages, including lost profits.
- 7.5 Force Majeure: Except for payment obligations, neither party shall be deemed in default due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, labor strike, lockout, or boycott. If Agency is unable to fulfill the Campaign due to a Force Majeure event, Agency’s liability is strictly limited to providing a service credit for future campaigns equal to the unspent portion of the media budget. Under no circumstances will cash refunds be issued.
- 7.6. Attorneys’ Fees: If any action is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, for all arbitration, pretrial, trial, or appellate levels, including costs of investigation and collection.
- 7.7. Applicable Law & Venue: This Agreement is to be construed under the laws of the Commonwealth of Pennsylvania. Any action shall be brought only in a court of competent jurisdiction located in Lehigh County, Pennsylvania.
- 7.8. No Assignment: Client may not transfer or assign any of its rights under this Agreement without written consent.
- GENERAL LEGAL PROVISIONS
- 8.1 Confidentiality; Non-Disclosure; Non-Use.
Each party acknowledges that, in the course of performing under this Agreement, it may receive or have access to confidential, proprietary, sensitive, or non-public information of the other party, including without limitation: campaign strategy, marketing methods, sourcing methods, police-report data workflows, intake procedures, pricing, fee structures, vendor relationships, client lists, lead data, claimant information, call recordings, reports, documents, technology, systems, scripts, templates, training materials, compliance procedures, and any other information that a reasonable person would understand to be confidential (collectively, “Confidential Information”). Each party shall: (a) keep all Confidential Information strictly confidential; (b) use Confidential Information solely for performing obligations under this Agreement; (c) not disclose Confidential Information to any third party except to its employees, contractors, attorneys, accountants, or agents who have a need to know and are bound by written confidentiality obligations at least as protective as those in this Agreement; and (d) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Neither party shall copy, reverse engineer, disseminate, publish, or exploit the other party’s Confidential Information except as expressly authorized in writing. Upon request or termination of this Agreement, each party shall promptly return or destroy all Confidential Information, except to the extent retention is required by law, court order, or bona fide backup/archival systems subject to continuing confidentiality obligations. The obligations in this Section survive termination of this Agreement for a period of five (5) years, and with respect to trade secrets, for so long as such information remains a trade secret under applicable law. - 8.1.1 Injunctive Relief.
Each party agrees that any actual or threatened breach of this Section may cause irreparable harm for which monetary damages alone may be insufficient, and the non-breaching party shall be entitled to seek injunctive relief, specific performance, and any other equitable remedy available at law or in equity, without the necessity of posting bond to the fullest extent permitted by law. - 8.1.2 Exclusions.
Confidential Information does not include information that the receiving party can demonstrate by contemporaneous written records: (a) is or becomes public other than through a breach of this Agreement; (b) was lawfully known to the receiving party before disclosure; (c) is lawfully received from a third party without breach of obligation; or (d) was independently developed without use of the disclosing party’s Confidential Information. - 8.2 Non-Disparagement; Public Statements.
During the Term of this Agreement and at all times thereafter, Client shall not, and shall cause its owners, partners, officers, employees, and agents not to, make, publish, or communicate to any person or entity, including without limitation through social media, online reviews, blogs, forums, or press, any statement or communication that is false, misleading, or reasonably could be interpreted as disparaging, derogatory, or defamatory about: (a) Mohr Marketing, LLC; (b) any of Mohr Marketing’s members, managers, officers, employees, or contractors; or (c) any of Mohr Marketing’s vendors, technology partners, service providers, or affiliates involved in the Campaign (collectively, the “Protected Parties”). Client shall further not, directly or indirectly, solicit, encourage, induce, assist, or direct any other person or entity, including without limitation its owners, partners, officers, employees, agents, co-counsel, vendors, or clients, to make or publish any such statements or communications, or to repost, share, or amplify any such content, about any of the Protected Parties. Client agrees that any concerns or complaints regarding the Campaign, results, or performance shall be raised directly and privately with Agency in writing, and that the exclusive forum for resolving disputes shall be the dispute-resolution procedures set forth in this Agreement. Nothing in this Section is intended to (i) prevent Client from providing truthful information when required by law, subpoena, or court order; or (ii) limit Client’s ability to provide honest, good-faith feedback directly to Agency on a confidential basis for service-improvement purposes. - 8.2.1 Remedies for Breach of Non-Disparagement.
Client acknowledges that a breach or threatened breach of this Non-Disparagement provision may cause immediate and irreparable harm to the Protected Parties that monetary damages alone may not adequately remedy. Accordingly, in addition to any other rights or remedies available at law or in equity, Agency shall be entitled to seek temporary, preliminary, and permanent injunctive relief, specific performance, and recovery of its reasonable attorneys’ fees and costs incurred in enforcing this Section, without the necessity of posting bond to the fullest extent permitted by law. - 8.3. Mandatory Good-Faith Mediation Before Litigation or Arbitration: Except for actions seeking temporary restraining orders, preliminary injunctions, permanent injunctive relief, or collection of undisputed payment obligations, any dispute, claim, controversy, or disagreement arising out of or relating to this Agreement, the Campaign, the parties’ relationship, payment issues, credits, performance, termination, confidentiality, non-disparagement, or any alleged breach (collectively, “Dispute”) shall first be submitted to non-binding mediation as a condition precedent to litigation or arbitration. The mediation shall be administered by a mutually agreed mediator, or if the parties cannot agree within ten (10) business days after written demand for mediation, by JAMS or another nationally recognized mediation provider selected by Agency. The mediation shall take place remotely by video conference unless Agency elects in writing to conduct it in Lehigh County, Pennsylvania. The parties shall participate in good faith and shall each send a representative with full settlement authority. Mediation shall be scheduled to occur within thirty (30) days after written demand, unless the parties agree otherwise in writing. The fees of the mediator shall be shared equally, with each party bearing its own attorneys’ fees and costs for the mediation itself. If the Dispute is not resolved at mediation, then either party may pursue litigation or arbitration as otherwise permitted by this Agreement. Any party that refuses to participate in mediation after proper written demand shall be deemed in material breach of this Agreement, and the non-breaching party may seek to compel mediation, stay other proceedings, and recover reasonable attorneys’ fees and costs incurred as a result of such refusal. This mediation clause is intended to be severable and may be used as a standalone dispute-resolution provision in any other agreement.
- 8.4. Forum After Mediation: Following completion of the mediation process described above, any permitted action or proceeding shall be brought exclusively in a court of competent jurisdiction located in Lehigh County, Pennsylvania, unless Agency elects arbitration in writing.
- 8.5. Entire Agreement; Amendments: This Agreement, together with any addenda, constitutes the entire agreement among the parties and supersedes prior proposals, representations, or understandings. Any amendment must be in writing and signed by all required parties.
- 8.6. Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- 8.7. Counterparts; Electronic Signatures: This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument.
- 8.8. Applicable Law & Venue: This Agreement is construed under the laws of the Commonwealth of Pennsylvania, with venue in Lehigh County.
- 8.9. Attorneys’ Fees: The prevailing party is entitled to reasonable attorneys’ fees and costs of investigation/collection.
APPROVAL
The Agreement is executed and delivered by the parties hereto as their legal and binding agreement, as of the date first written in the agreement and is subject to the terms and conditions listed above.
MOHR MARKETING POST-PAY JOINT ADVERTISING & ADMINISTRATIVE SERVICES AGREEMENT
This Master Services Agreement (“Agreement”) is executed by and between __________ (“Client”), Mohr Marketing, LLC (“Agency”), and Legal Support Cases, Inc. (“Service Provider”) on this date.
- PARTIES & CONTACT INFORMATION
- CLIENT:
- Name:
- Address:
- Contact:
- AGENCY (Media Strategy): Mohr Marketing, LLC
- Mailing Address: 1636 N Cedar Crest Blvd #345, Allentown, PA 18104
- Contact: Ed Mohr | **@******tg.com | 610-510-7577
- SERVICE PROVIDER (Intake & Admin): Legal Support Cases, Inc.
- Role: Dedicated Inquiry Handling, Call Center & Document Services
- RECITALS & COMPLIANCE
2.1. Nature of Services: Agency acts strictly as a media buying and marketing strategist. Service Provider acts strictly as an administrative support service for lead generation, call center operations, and document handling. Neither Agency nor Service Provider is a “lawyer referral service,” “for-profit lawyer referral service,” or law firm.
2.2. Joint Advertising Compliance: Client acknowledges that this campaign is a Joint Advertising arrangement. In compliance with the latest State Laws and Bar Association Mandates, Client expressly takes liability for the content of the advertising utilized in this campaign. Client is solely responsible to assure that the Campaign, all advertising in the Campaign, and the services provided by Agency do not violate any Rules of Professional Conduct.
2.3. No Buying of Cases: Client agrees that the fees paid under this Agreement are for media inventory and administrative labor only. The “Post-Pay” structure is a billing convenience for Deferred Service Fees and does not constitute a commission or “bounty” for securing a client.
- SCOPE OF SERVICES & DELIVERABLES
3.1. Media Buying (Mohr Marketing): Agency will identify effective media channels and purchase advertising inventory on behalf of the Client.
3.2. Administrative Intake (Legal Support Cases): Service Provider will screen inbound inquiries based on Client’s objective administrative criteria.
3.3. Deliverables: Each “Processed Inquiry Packet” will include a completed intake form, executed attorney retainer agreement (facilitated administratively), HIPAA, HITECH, and (where available) background checks, call recordings, and InjuryMD access.
3.4. Record Keeping: Client is responsible for maintaining copies of all documents provided for safekeeping.
- PAYMENT TERMS & INVOICING
4.1. Deferred Media & Service Allocation: The fees listed in Addendum A represent the cost allocation for the media and labor required to generate and process each inquiry.
4.2. Invoicing Schedule: Invoices will be sent twice per month for all Processed Inquiry Packets delivered during the billing cycle.
4.3. Payment Due: Payment is due immediately upon delivery of the invoice.
4.4. Waiver of Chargebacks: Client explicitly waives any right to initiate a chargeback, reversal, or dispute with their credit card issuer or bank for any fees paid under this Agreement, provided that Agency has delivered the Qualified Intake pursuant to the criteria set forth herein. Client agrees that any such dispute will be resolved solely through the dispute resolution procedures outlined in this Agreement.
4.5. Late Payments: Invoices not paid within three (3) business days of receipt may result in an immediate suspension of the Campaign and a late fee of 1.5% per month on the outstanding balance.
- REVIEW PERIOD & ACCEPTANCE
5.1. Review Period: Client shall have fourteen (14) days from the time of delivery (the “Review Period”) to review each Processed Inquiry Packet for compliance with the administrative criteria (Addendum A).
5.2. Rejection for Cause: If a Processed Inquiry Packet does not meet the specific criteria (e.g., wrong accident date, at-fault driver), Client must notify Agency in writing within the Review Period, specifying the exact criteria not met.
5.3. Deemed Acceptance: If no written objection is received within the Review Period, the Inquiry is deemed accepted, and the Service Fee becomes final, non-refundable, and legally due.
5.4. No Refunds: As this is a service already rendered (media spend + labor), ABSOLUTELY NO REFUNDS will be provided for any Inquiry that has been accepted or deemed accepted. The Client understands that they are paying for the generation and processing of the inquiry, which are irreversible services.
NO REFUND POLICY & FINALITY OF SALES
Client acknowledges that the Marketing Campaign Fee is a payment for marketing media spend, technology usage, and administrative intake services already performed by Agency. As such, all fees paid are non-refundable once a Qualified Intake has been delivered and the Review Period (defined above) has expired.
- DISCLAIMERS & LIMITATION OF LIABILITY
6.1. No Representation or Guarantee of Results: Agency’s sole duty is to run the Campaign as described. Agency does not represent or guarantee any level of response or that any interested person shall hire Client.
6.2. Fraud & Indemnification: Agency and Service Provider conduct thorough compliance screening. However, Agency/Service Provider will not be held liable for any Claimant fraud or fake Claimants. Client agrees to indemnify Agency/Service Provider against any lawsuit or prosecution relating to Claimant fraud.
6.3. LIMITATION OF DAMAGES: IN NO EVENT SHALL AGENCY BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS.
6.4. LIABILITY CAP: IN NO EVENT SHALL AGENCY BE LIABLE TO CLIENT FOR ANY AMOUNT GREATER THAN THE AMOUNT PAID BY CLIENT TO AGENCY UNDER THIS AGREEMENT FOR THE MOST RECENT 30-DAY PERIOD.
6.5. DISCLAIMER OF WARRANTIES: AGENCY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- GENERAL LEGAL PROVISIONS
7.1. Confidentiality: Agency shall keep all information collected in strict confidence. Neither party will divulge the relationship without written consent.
7.2. Force Majeure: Except for payment obligations, neither party shall be deemed in default due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, labor strike, lockout, or boycott.
7.3. Attorneys’ Fees: The prevailing party in any action to enforce this Agreement shall be entitled to reasonable attorneys’ fees and costs.
7.4. Applicable Law & Venue: This Agreement is governed by the laws of the Commonwealth of Pennsylvania. Venue for any action shall be in Lehigh County, Pennsylvania.
7.5. No Assignment: Client may not transfer or assign any rights under this Agreement without written consent.
APPROVAL
The Agreement is executed and delivered by the parties hereto as their legal and binding agreement, as of the date first written above, and is subject to the terms and conditions set forth above.
MVA JOINT ADVERTISING & INQUIRY WARM TRANSFER ROUTING AGREEMENT
This Master Services Agreement (“Agreement”) is executed by and between _______________ (“Client”), Mohr Marketing, LLC (“Agency”), and Legal Support Cases, Inc. (“Service Provider”) on this date.
- PARTIES & CONTACT INFORMATION
- CLIENT:
- Name: ________________________
- Address: ________________________
- Phone/Email: ________________________
- AGENCY (Media Strategy): Mohr Marketing, LLC
- Address: 1636 N. Cedar Crest Blvd #345, Allentown, PA 18104
- Contact: Ed Mohr | **@******tg.com | 610-510-7577
- SERVICE PROVIDER (Call Center): Legal Support Cases, Inc.
- Role: Inquiry Screening & Warm Transfer Services
- RECITALS & COMPLIANCE
2.1. Nature of Services: Agency acts strictly as a media buying strategist. Service Provider acts strictly as a call center and routing service. Neither entity is a “lawyer referral service” or law firm.
2.2. Joint Advertising Compliance: Client acknowledges that this campaign is a Joint Advertising arrangement. In compliance with State Law and Bar Association Mandates, Client expressly takes liability for the content of the advertising utilized to generate these calls.
2.3. No “Capping” or Buying Cases: Client agrees that fees paid are for media inventory and call center labor (screening time). This is not a payment for a referral or a commission on a signed case.
- SCOPE OF SERVICES & DELIVERABLES
3.1. Media Buying (Mohr Marketing): Agency will purchase advertising inventory to generate inbound interest.
3.2. Call Screening (Legal Support Cases, Inc.): Service Provider will answer inbound calls and screen them against Client’s objective criteria (Addendum A).
3.3. Warm Transfer Deliverable: For callers meeting the criteria, Service Provider will perform a Warm Call Transfer directly to Client’s intake team.
3.4. Data Delivery: A data sheet with the caller’s information will be emailed/posted to the Client’s portal concurrently with the transfer.
- PAYMENT TERMS & FUND ALLOCATION
4.1. Media & Routing Allocation: The fees listed in Addendum A represent the Allocated Cost for the media spend and screener labor required to generate and connect one qualified caller.
4.2. Invoicing Schedule: Invoices will be sent twice per month for all Processed Inquiry leads delivered during the billing cycle.
4.3. Payment Due: Payment is due immediately upon delivery of the invoice.
4.4. Waiver of Chargebacks: Client explicitly waives any right to initiate a chargeback, reversal, or dispute with their credit card issuer or bank for any fees paid under this Agreement, provided that Agency has delivered the Qualified Intake pursuant to the criteria set forth herein. Client agrees that any such dispute will be resolved solely through the dispute resolution procedures outlined in this Agreement.
4.5. Late Payments: Invoices not paid within three (3) business days of receipt may result in an immediate suspension of the Campaign and a late fee of 1.5% per month on the outstanding balance.
- REVIEW PERIOD & ACCEPTANCE
5.1. Review Period: Client shall have fourteen (14) days from the time of delivery (the “Review Period”) to review each Processed Inquiry Packet for compliance with the administrative criteria (Addendum A).
5.2. Rejection for Cause: If a Processed Inquiry Packet does not meet the specific criteria (e.g., wrong accident date, at-fault driver), Client must notify Agency in writing within the Review Period, specifying the exact criteria not met.
5.3. Deemed Acceptance: If no written objection is received within the Review Period, the Inquiry is deemed accepted, and the Service Fee becomes final, non-refundable, and legally due.
5.4. No Refunds: As this is a service already rendered (media spend + labor), ABSOLUTELY NO REFUNDS will be provided for any Inquiry that has been accepted or deemed accepted. The Client understands that they are paying for the generation and processing of the inquiry, which are irreversible services.
NO REFUND POLICY & FINALITY OF SALES
Client acknowledges that the Marketing Campaign Fee is a payment for marketing media spend, technology usage, and administrative intake services already performed by Agency. As such, all fees paid are non-refundable once a Qualified Intake has been delivered and the Review Period (defined above) has expired.
- CREDIT POLICY (REPLACEMENT)
6.1. Criteria for Credit: If a Warm Transfer connected by Service Provider does not meet the stated criteria (e.g., caller denies injury, wrong accident date), Agency will replace the intake.
6.2. Notice: Client must notify Agency within 14 days of the transfer to receive credit.
6.3. Unreachable Callers: If the call drops during the transfer (before Client speaks to the caller), it will be replaced.
- DISCLAIMERS & LIMITATION OF LIABILITY
7.1. No Guarantee of Results: Agency does not guarantee that any caller will hire Client. Agency’s duty is solely to route interested parties meeting the administrative criteria.
7.2. Fraud & Indemnification: Agency/Service Provider will not be held liable for any caller fraud or fake inquiries. Client agrees to indemnify Agency/Service Provider against any lawsuit resulting from the campaign.
7.3. LIMITATION OF DAMAGES: IN NO EVENT SHALL AGENCY BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS.
7.4. LIABILITY CAP: LIABILITY IS LIMITED TO THE AMOUNT PAID BY CLIENT IN THE MOST RECENT 30-DAY PERIOD.
7.5. WARRANTIES: AGENCY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- GENERAL LEGAL PROVISIONS
8.1. Confidentiality: Agency shall keep all information collected in strict confidence. Neither party will divulge the relationship without written consent.
8.2. Force Majeure: Except for payment obligations, neither party shall be deemed in default due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, labor strike, lockout, or boycott.
8.3. Attorneys’ Fees: The prevailing party in any enforcement action is entitled to reasonable attorneys’ fees.
8.4. Applicable Law & Venue: Governed by the laws of the Commonwealth of Pennsylvania. Venue: Lehigh County, PA.
8.5. Non-Exclusivity: Client acknowledges Agency accepts engagements from other parties.
APPROVAL
The Agreement is executed and delivered by the parties hereto as their legal and binding agreement, as of the date first written in the agreement and is subject to the terms and conditions listed above.
INTELLECTUAL PROPERTY AGENT FOR NOTICE
Mohr Marketing, LLC reserves the right to disable or terminate the accounts of and block access to users who may be infringing the intellectual property and other proprietary rights of others at its discretion. Should you believe that your intellectual property or proprietary rights have been infringed by the posting of Content on our Website, or if you are an authorized representative of a person whose rights may have been infringed, please provide a written communication to Mohr Marketing, LLC. The contact information is given below. The notification must include:
(i) Your physical or electronic signature.
(ii) An identification of the work claimed to have been infringed, or, if multiple works on our Website are covered by a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Mohr Marketing, LLC to locate the material.
(iv) Information reasonably sufficient to permit Mohr Marketing, LLC to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you or the owner on whose behalf you are submitting the notification.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of a right that has been infringed.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
For claims of infringement, we can be reached by email at ab***@******tg.com or use our contact form https://www.mohrmktg.com/contact-us/