TERMS

This Lead Supply Agreement is between Performance Leads Ltd registered in England and Wales, company number 10720622 (“Performance Leads”) and the party identified at the front of this Agreement (the “Partner”).

In this Agreement, unless the context otherwise requires:

“Agreed Period”: as specified on the Performance Leads Order Form.

“Areas of Advice”: those areas of advice which the Partner is requesting Performance Leads to provide under this Agreement as may be amended in writing between the parties from time to time;

“Business Day”: any day that is not a Saturday, Sunday, or public holiday in England;

“Charges”: the Lead Charges together with any other charges as may be payable by the Partner to Performance Leads; “Code of Conduct”: the FCA Code of Conduct as amended from time to time

“Confidential Information”: any information that is received from a disclosing party that, if disclosed in tangible form, is marked confidential, or if disclosed otherwise is confirmed in writing as being confidential or, otherwise, is manifestly confidential. Confidential Information includes, but is not limited to, this Agreement, the Leads and any other details of the relationship between the parties;

“Enquirer”: the person or persons identified by Performance Leads in a Lead;

“Financial Advisor”: the authorized professional who offers advice on financial matters to their clients (all financial advisors in the UK must either be authorized or exempt under the Financial Services and Markets Act 2000);

“Invalid Lead”: a Lead that meets the Replacements Policy detailed within this Agreement; “Lead”: the details of an Enquirer; “Lead Charges”: the charges for the Leads identified as such in this Agreement;

“Lead Notification”: the form provided by Performance Leads to the Partner detailing the Lead;

“Performance Leads”: a trading style of Performance Leads Ltd;

“Lead Type”: as defined in the “Lead Supply” section in this Agreement; “Valid Lead”: a Lead that falls outside the Replacement Policy and which is deemed by Performance Leads to be valid;

“Replacements Policy”: Performance Leads’ policy for a Partner rejecting Leads as set out in the Performance Leads Order Form

“Statement of Professional Standing”: the statement that Financial Advisors are required to obtain and hold as evidence that they are meeting the standards, which will be issued by a Financial Conduct Authority accredited body;

“Subsidiary”: shall have the meaning given in Section 1159 of the Companies Act 2006;

“Supplier”: Performance Leads Ltd and/or any company that is part of the same group and/or any Subsidiary that is part of the same group.

“Territory”: the United Kingdom;

Any reference to a statute, statutory provision or subordinate legislation shall be construed as referring to such legislation as amended and in force from time to time and to any legislation which (either with or without modification) re-enacts, consolidates or enacts in rewritten form any such legislation;

“Working Hours”: between the hours of 9:00 a.m. to 5:30 p.m., local time, on a Business Day;

Reference to a date that is not a Business Day shall be treated as a reference to the next Business Day; and references to “include” and “including” are to be construed without limitation.

2. COMMENCEMENT

This Agreement shall commence on the Commencement Date specified by Performance Leads in its set up documentation (unless agreed otherwise in writing between the parties) and shall continue unless either party has given the written notice as specified on the Performance Leads Order Form, of its intention to terminate this agreement.

3. OBLIGATIONS OF Performance Leads

  1. 3.1. During the term of this Agreement, PerformanceLeads shall refer Leads to the Partner as stated within this Agreement.
  2. 3.2. Performance Leads shall deliver Leads that meet the criteria set out in the “Replacement Policy” supplied with this Agreement.
  3. 3.3. Performance Leads shall use its reasonable endeavours to deliver Leads to the Partner by way of a Lead Notification and in accordance with the terms set out in this Agreement.
  4. 3.4. Access to all relevant Leads is available to a Partner via Performance Leads’ system and it is the Partner’s responsibility to check for relevant Leads and Lead Notifications on a regular basis. Performance Leads does not guarantee that a Lead Notification will be issued to the Partner in relation to each Lead. The Leads are issued in real time between 00.00 and 23.59 hours. For Qualified leads Performance Leads shall endeavour to hotkey the lead directly to one telephone number elected by a Partner. If the call is not answered, the lead will be released to the Partner & will still be charged as a Qualified Lead.
  5. 3.5. Performance Leads cannot guarantee that a Lead shall produce business for the Partner. Performance Leads shall not replace or refund any Lead which is outside the scope of the Replacement Policy.
  6. 3.6. If a Lead is deemed to be an Invalid Lead the Partner shall notify Performance Leads within 72 hours of receipt of the Lead using the online system provided to the Partner and in conjunction with instructions supplied to the Partner on how to use the system correctly in line with Performance Leads’ replacement procedures. Performance Leads may conduct its own analysis of Invalid Leads and shall notify the Partner of the results of such analysis within seven Business Days. If Performance Leads agrees that such Lead is an Invalid Lead, then Performance Leads shall replace the Lead in accordance with the Replacement Policy. Any Leads which the parties agree are Invalid Leads in accordance with this clause shall not be charged to the Partner. 3.7. Performance Leads shall have no further liability for Invalid Leads and any returns made by Performance Leads to the Partner in accordance with the provisions of Clause 3 shall be the Partner’s sole remedy.
  7. 3.8. In the event that the Partner has not notified Performance Leads using the agreed returns method in accordance with Clause 3.6 the Partner shall be deemed to have accepted the Lead.
  8. 3.9. Performance Leads shall use its reasonable endeavours to meet the Partner’s Lead quantity requirements, as notified to it by the Partner from time to time.

4. SUPPLIER’S WARRANTIES

Performance Leads warrants that it:

  1. 4.1. Shall perform its obligations under this Agreement with reasonable skills, care and diligence and in accordance with good industry practice; and
  2. 4.2. Has conducted, and undertakes that in the future it shall conduct, its business and corporate affairs in all material aspects in accordance with all anti-bribery legislation.
  3. 4.3. Performance Leads gives no other warranties or representations (whether express or implied) other than set out in this Agreement and cannot guarantee that any Lead shall be converted into business and the Partner acknowledges that it should check all the information provided in a Lead when giving advice to the Enquirer.
  • 5. PARTNER’S OBLIGATIONS

    1. 5.1. The Partner shall be responsible for all dealings with the Enquirer once Performance Leads has referred the Lead to the Partner. The Partner shall take all necessary steps to contact the Enquirer within 24 hours of being provided with the Lead. The Partner also agrees and acknowledges that Performance Leads are entitled to contact the Enquirer at any time for the purposes of ensuring excellent customer service. Performance Leads may, at its sole discretion, reallocate a Lead if it believes that the Enquirer’s interests are not being met by way of the Partner not complying with its obligations under this Agreement, whether by not contacting the Enquirer, or being unwilling or unable to help them.
    2. 5.2. The Partner shall pay the Charges for each Lead on the terms set out in Clause 8 regardless of whether or not the Lead is converted to actual business for or by the Partner.
    3. 5.3. Each Lead sent to the Partner by Performance Leads must only be serviced by the Partner or a representative of the Partner or the company the Partner works for. The Partner must not sell or pass on Leads without the prior knowledge and written agreement of Performance Leads.
    4. 5.4. In performing the partner’s obligations under this Agreement, the Partner shall act in good faith, exercise all the due skills, care and diligence that would be expected of a professional advisor. The Partner shall ensure that their conduct of business shall comply with all applicable rules and requirements. The Partner shall deal with the Leads as swiftly as they would deal with a Lead that they generated themselves. The Partner shall not act in a way that could have an adverse effect on the reputation of Performance Leads, or the website from where the Lead was sourced.
    5. 5.5. The Partner shall maintain all licenses and registrations required of it by law. The Partner shall immediately notify Performance Leads of any revocation or alteration to any licenses, memberships and/or authorizations which may affect their ability to perform their obligations under this Agreement or to utilize the Leads.
    6. 5.6. Performance Leads does not accept any liability for the advice or service provided by the Partner to its Enquirers and, in particular, Performance Leads provides no assurance that its policies are suitable for the Enquirer.
    7. 5.7. To the extent that the Partner wishes to vary the Lead Volume amount or the Postcodes (as defined in the “Lead Supply Section”) at the front of this Agreement, the Partner shall give Performance Leads no less than 7 days’ written notice.
  • 6.PARTNER’S WARRANTIES AND INDEMNITY

    1. 6.1. The Partner warrants that it shall:
      1. 6.1.1. Operate its business in accordance with the FCA Code of Conduct;
      2. 6.1.2. Not sell or pass on Leads to any third parties; and
      3. 6.1.3. Purchase all Leads from Performance Leads in accordance with this Agreement.
    2. 6.2. The Partner shall indemnify and hold Performance Leads harmless against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Performance Leads arising out of or in connection with any breach by the Partner of the warranties in this Clause 6. This indemnity shall apply whether or not the Partner has been negligent or at fault.

    7. DATA PROTECTION

    1. 7.1. Performance Leads warrants that it shall complywith the provisions of the Data Protection Act 2018 and any legislation and/or binding regulations implementing that Act or made in pursuance of that Act (the “DPA”) in relation to the Partners’ information passed between the parties pursuant to this Agreement (the “Partner Data”). Each party acknowledges that, for the purposes of the DPA, Performance Leads is the Data Controller and the Partner is the Data Processor of the Partner Data. Performance Leads further warrants that, as at the date of this Agreement, it is registered with the Information Commissioners Office as a Data Controller and shall continue to be so registered to the extent required for the purposes envisaged by this Agreement.
    2. 7.2. Performance Leads warrants that it is entitled and permitted to provide the Partner Data to the Partner in accordance with the DPA.
    3. 7.3. When requested to do so by Performance Leads, the Partner shall enter into a Data Processing Agreement with Performance Leads.

    8. CHARGES AND PAYMENT

    1. 8.1. The Partner shall pay Performance Leads the LeadCharges as set out in this Agreement, and time for payment of the Charges shall be of the essence.
    2. 8.2. Performance Leads reserves the right to increase the Price per Lead by giving the Partner written notice of any such increase at least 7 days before the proposed date of the increase. If the Partner is unwilling to accept a price increase, they shall provide 7 days written notice as per clause 9.
    3. 8.3. Performance Leads shall invoice the Partner for the Lead Charges on weekly basis 4-11 days in arrears. Each invoice shall relate to all Leads supplied to the Partner since the last invoice. The Partner shall pay Performance Leads’ invoice within 5 working days of the invoice being issued by Performance Leads and payment shall be made by the Partner using direct debit only unless otherwise agreed in advance.
    4. 8.4. Where any taxable supply for VAT purposes is made under this Agreement by Performance Leads to the Partner, the Partner shall, on receipt of a valid VAT invoice from Performance Leads, pay to Performance Leads such amounts in respect of VAT as are set out in the relevant invoice on the supply of the Leads at the same time as payment is due for the supply of the Services.
    5. 8.5. Without limiting any other right or remedy of Performance Leads, if the Partner fails to make any payment due to Performance Leads under this Agreement by the due date for payment (“Due Date”), Performance Leads shall have the right to charge interest on the overdue amount at the rate of 1 percent per month above the then current Bank of England base rate, accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly, and the delivery of Leads by Performance Leads will immediately cease.
    6. 8.6. The Partner will commit to keeping an MI sheet in the format and template provided by the Supplier up to date (method and timing to be defined by Performance Leads) with lead statuses to enable Performance Leads to measure Lead and Partner performance. At Performance Leads’ request, the Partner will send a copy of the MI sheets to Performance Leads within 7 days of the request. Failure to keep and/or supply a copy of the MI sheet(s) may result in the suspension of lead supply by Performance Leads.
  • 9. TERMINATION, CANCELLATION AND SUSPENSION

    1. 9.1. In addition to any other rights set out in this Agreement, either party may terminate this Agreement immediately on giving the other written notice if:
      1. 9.1.1. The other party commits any material breach of its obligations under this Agreement and which (in the case of a breach capable of being remedied) is not remedied within 7 days of a written request to remedy the same; or
      2. 9.1.2. The other party becomes the subject of a voluntary arrangement, receivership, administration, liquidation or winding up, is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or if it convenes any meeting of its creditors or makes an arrangement or compromise with its creditors or otherwise becomes insolvent or suffers any similar process or event, whether in the UK or otherwise.
      3. 9.2. Performance Leads reserves the right to immediately terminate this Agreement if the Partner:

      4. 9.2.1. Does not pay any of the Charges in accordance with Clause 8; and/or
      5. 9.2.2. It is deemed by Performance Leads to be in breach of the FCA Code of Conduct; and/or 9.2.3. Does something which has caused, or in Performance Leads’ reasonable opinion could cause, damage to Performance Leads’ brand, reputation or goodwill; and/or financial loss due to inappropriate use of Leads and creation of fake Leads by input of false information on the Performance Leads owned websites.
      6. 9.2.4. Fails, in Performance Leads’ reasonable opinion, to act in a fit and proper manner with regard to its agreement; and/or
      7. 9.2.5. Has its authority removed by the Financial Conduct Authority, fails to achieve or present to Performance Leads a valid Statement of Professional Standing or any relevant supporting documentation in relation to areas of specialist advice requested by Performance Leads from time to time, or is no longer a Financial Advisor; and/or
      8. 9.2.6. It is no longer able to provide advice to consumers for any other reasons.
      9.3. Either Party may terminate this Agreement at any time for any reason by giving the amount of notice in writing as specified in the Performance Leads Order Form.

  • 10. EFFECT OF TERMINATION

    1. 10.1. On termination of this Agreement for any reason:
      1. 10.1.1. Performance Leads shall immediately cease to provide Leads to the Partner;
      2. 10.1.2. The Partner shall immediately pay to Performance Leads all of Performance Leads’ outstanding unpaid invoices and interest and, in respect of Leads supplied for which no invoice has been submitted, Performance Leads shall submit an invoice, which shall be payable by the Partner immediately on receipt;
      3. 10.1.3. The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry; and
      4. 10.1.4. Clauses which expressly or by implication have effect after termination shall continue in full force and effect. The obligations in this clause shall survive any termination of this Agreement.
  • 11. CONFIDENTIAL INFORMATION

    1. 11.1. Neither party shall disclose Confidential Information of the other obtained under or in connection with this Agreement to any third party without the prior written consent of the providing party, and shall treat it as confidential and use such information only for the purposes contemplated in this Agreement and shall use all reasonable endeavours to effect and maintain adequate security measures to safeguard such Confidential Information from unauthorized access, use, accidental loss, destruction, damage and misappropriation (and in any event shall not use any lesser standard of care than it would apply to its own Confidential Information).
    2. 11.2. The restrictions shall not apply to Confidential Information that:
      1. 11.2.1. It is or enters the public domain other than as a result of a breach of an obligation under this clause;
      2. 11.2.2. It is acquired from a third party who owes no obligation of confidentiality in respect of the information; or
      3. 11.2.3. It is or has been developed independently by the recipient or was known to it prior to receipt.
      4. 11.2.4. It is or enters the public domain other than as result of a breach of an obligation under this clause.
    3. 11.3. It shall not be a breach of this Agreement to disclose Confidential Information to comply with a legal obligation (other than one imposed by contract), but the disclosing party must promptly inform the other of the disclosure where legally permissible as soon as it is able to do so.
    4. 11.4. The obligations in this clause shall survive any termination of this Agreement.
  • 12. DATA OWNERSHIP

    1. 12.1. All intellectual property and the rights in and to thedata associated with the Lead shall belong to Performance Leads.
    2. 12.2 Without prejudice to clause 12.1, where a Lead has been accepted (& paid for) by the Partner under this Agreement, Performance Leads shall grant to the Partner an exclusive license to use such data to engage and transact with the Lead in relation to the product specified by the parties upon delivery of the Lead. This license shall last for 6 months after the date on which the Partner is provided with the Lead.
  • 13. LIABILITY

    1. 13.1. Performance Leads shall not be liable to the Partner for loss of profits or business, goodwill, anticipated savings, business opportunity, data or use of data, injury to reputation, or indirect or consequential loss or damage regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether the allegedly liable party knew or had reason to know of the possibility of the loss, injury or damage in question. Subject to Clause 13.2 and to the extent permitted in law, Performance Leads’ liability to the Partner in respect of all breaches of duty, shall not exceed the sum paid by the Partner to Performance Leads in the preceding 12 months.
    2. 13.2. Nothing in this Agreement shall limit or exclude Performance Leads’ liability for:
      1. 13.2.1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or
      2. 13.2.2. Fraud or fraudulent misrepresentation.
    3. 13.3. Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
    4. 13.4. This Clause 13 shall survive any termination of this Agreement.
  • 14. RELATIONSHIP OF THE PARTIES

    Except as expressly provided in this agreement, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

    15. GOVERNING LAW

    This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English Law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

    16. GENERAL

    1. 16.1. Any notice served under this Agreement must be in writing and signed by or on behalf of the party giving it and sent to the recipient. Notices may be delivered by hand, by first class post, or by email to the receiving party at its address set out in this Agreement. Or as the receiving party notifies to the sending party from time to time. Any such notice so served shall be deemed to have been served: (i) if sent by hand, at the time of delivery; (ii) if sent by first class post, upon the expiry of 48 hours after posting;; and (iii) if sent by email on sending, providing the sender receives a delivery receipt, but in any case if deemed receipt occurs after Working Hours, or at any time during a day that is not a Business Day, the notice shall then be deemed received at 9am local time on the next Business Day.
    2. 16.2. This Agreement and any documents referred to in it constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter.

    3. 16.3. These Terms and Condition may be varied by Performance Leads from time to time on notice to the Partner. Following the provision of such notice, the Partner shall be deemed to have accepted such variation, upon the earlier of: (i) the Partner not notifying Performance Leads in writing within seven days of receipt of the notice; (ii) the Partner accepting a Lead following the receipt of the notice; or (iii) the Partner paying a Charge following receipt of the notice.

  • Services

    Learn more

    We specialise in high quality customer acquisition specifically for the financial market.

    Your growth partner

    High intent web leads delivered in real time from our online partner portal to both yourself & the consumer.

    Our story

    17 Years in the making

    How we do it

    Using the latest advances in tech and innovation, our team of data analysts, creatives, and client support experts streamline the process of delivering real clients in real time directly to our partners.

    Technology

    Our people and our proprietary technology enable us to create cohesive customer acquisition strategies that maximise growth and ROI for our partner businesses.

    How we help

    We are focussed on establishing long term Partner Relationships.

    Lead types

    Paid Search Leads offer great potential for growth but require commitment & focus.

    Enter your email to receive a pdf of our growth partner brochure.
    To top