LEAD BUYER AGREEMENT

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Please read this Lead Buyer Agreement ("Agreement") carefully before accessing or using this Website NextWaveMarketingStrategies.com ("Site") or opening any attachments containing "leads" or data. This Lead Buyer Agreement is intended to be a binding contract between the person and/or company (hereinafter, "Buyer") and includes where applicable any online leads purchase, Invoice ("Invoice") or credit card authorization form and Next Wave Marketing Strategies, a Texas sole proprietorship, with its principal place of business located at 2705 Grimes Ranch Rd Austin, TX 78732(hereinafter, “Next Wave”). Please read this agreement carefully. Checking box online next to “I agree” just prior to placing online order or making payment in response to Next Wave Insertion Order(IO) or credit card authorization form signify your agreement to the Lead Buyer 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 usually by Internet but at times by phone are requesting information about obtaining a mortgage loan or debt help and are transmitted via e-mail on excel or plain text.

Whereas, Next Wave is in the business of, among other things, reselling leads, as defined below, obtained from major ad networks, affiliate networks, email firms, media vendors, websites, and other lead vendors or brokers to clients to include mortgage brokers, debt settlement firms, insurance brokers, lead brokers or other financial services firms.

Whereas, Buyer is either a mortgage broker, insurance broker, debt settlement or other law firm or debt services firm, lender, or lead vendor or broker, who desires to purchase leads from Next Wave. Buyer understands that Next Wave will use its best efforts to provide qualified, validated leads according to industry practices, its own proprietary processes, and general criteria as may be provided by Buyer.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Next Wave and Buyer hereby agree as follows:

1. Leads.

a. "Leads" are defined as information obtained from parties or individuals who have requested information online or over the phone from Next Wave's vendors about obtaining a mortgage loan, life insurance, health insurance, debt settlement, loan modification, or other quote for financial services.

b. Leads will meet client criteria set forth in IO. Whether the Buyer is able to make a sale or keep a consumer on the phone has not bearing on whether a lead is considered a lead. The leads are not applications for credit or applications for the service provided by the Buyer. Client will solely receive leads that are requests for information related to Buyer’s industry or general business offerings. Buyer understands that no promises are made as to the personal financial status, credit score, lead’s knowledge of mortgage, loan modification, or debt relief alternatives, or amount of debt that may be related to the lead except as specified in the IO. No permission or consent to run a credit check or access the lead’s personal nonpublic financial information is given by Next Wave. Rather the Buyer must seek and receive this prior consent from each lead (consumer) directly if this is part of Buyer’s process.

2. Advertiser Insertion Orders

If at any time during the term of this Agreement, Buyer desires to obtain Leads or services from Next Wave, Buyer shall enter into an Advertiser IO with Next Wave or place an order online. Each Advertiser IO, credit card authorization form, or order placed online shall contain a description of the requirements/filters for the Leads or services requested by Buyer, purchase information, costs, methods of payment, and any other terms and conditions negotiated by the parties. Once fully completed and executed, each Advertiser Insertion Order, credit card authorization form, or order placed online is deemed to be incorporated into and to be part of this Agreement. Each Advertiser IO or credit card authorization form shall be construed to modify the terms and provisions of this Agreement to the extent that any such terms or provisions are inconsistent herewith. Except as otherwise amended or modified by an Advertiser Insertion Order or credit card authorization form, this Agreement, and the terms and provisions hereof, shall remain in full force and effect. Next Wave shall provide Leads and perform any services according to the terms provided in the Advertiser Insertion Order, credit card authorization form, and in this Agreement.

3. Purchase of Leads.

Lead costs vary depending upon the type of service requirements the Buyer requests, the type of Lead(s) requested, and the custom filters/requirements for Leads requested by a Buyer. Regardless of the type of Lead requested, if Buyer decides to purchase Leads, Buyer agrees that the price of the Lead(s) will be based upon Next Wave's pricing schedule in effect at the time Buyer buys the leads and/or the prices set forth by Next Wave in the Buyers Insertion Order. BUYER'S PURCHASE OF LEADS IS A BINDING CONTRACT SUBJECT TO THE TERMS OF THIS AGREEMENT. Leads are subject to availability, and prices are subject to change without notice. It is Buyer's sole responsibility to obtain Lead prices prior to purchasing Leads from Next Wave.

It is the parties' intent that all payments to Next Wave for Valid Leads are for providing marketing information to Buyer, for which Next Wave will be paid a fee regardless of whether Buyer or customers of Buyer originates or makes any consumer loans or signs up any consumers for a debt settlement program or other financial services as a result of this information. This compensation to Next Wave is not intended, nor shall it be construed, as a fee or "kickback" for the marketing information provided to Buyer which may result in a consumer loan. In addition, Buyer warrants and represents that its sole compensation to Next Wave for Next Wave's services are fixed payment per lead and that Buyer has not and will not give or accept any fee, kickback, or thing of value pursuant to any agreement or understanding, oral or otherwise, related to the marketing information provided by Next Wave to Buyer.

4. Payment Methods
If Buyer pays by check, BUYER AGREES TO NOT STOP PAYMENT ON THE CHECK FOR ANY REASON. If Buyer is dissatisfied with Next Wave's services or any Lead or Leads Buyer has purchased using a check, draft, paypal, or credit card, Buyer must follow the return/refund policy and procedures set forth in this Agreement. If Buyer's check or draft is not honored by the bank for any reason, unless otherwise prohibited by law, Buyer is subject to and will be charged a return check fee equal to three times the face value of the check up to a maximum of one hundred ($100) dollars, which Buyer agrees to pay in addition to the check face amount. Regardless of the payment method used, the Buyer agrees that he is tendering any payments in good faith and has no intention to cancel the charge authorized hereunder and waives any right to initiate all and any charge backs to the fullest extent permissible by applicable law.
We have a no refunds policy and replacement leads will be provided at Next Wave discretion.
If it becomes necessary to take action to receive payment, for any reason whatsoever, Buyer agrees to pay ALL costs and expenses of collection, including, but not limited to, attorneys' fees, the fees of any collection agency, and court costs.

Buyer agrees that the fees to be paid by Buyer to Next Wave for Leads are confidential and shall not be disclosed by Buyer to any person or entity without Next Wave's written permission unless otherwise required by law.

5. Delivery of Leads.

Next Wave will be responsible for sorting out and delivering Leads to Buyer in accordance with Buyer's Lead requirements/filters and this Agreement. Leads are sent to Buyer in excel format via e-mail based upon the Buyer's Lead requirements and/or requested filters set forth in the Buyer's Advertiser Insertion Order or Buyer can place his order online and download any past or present lead files in his online Client Lead Retrieval System login area. Until Next Wave has received further notice of any different e-mail address, Leads sent to the e-mail address provided by Buyer in the Buyer's Advertiser Insertion Order, on credit card authorization form, or during his online client signup process shall be deemed to have been delivered to Buyer whether actually received or not.

While Next Wave makes every effort to deliver the Leads promptly, technical problems on either end can delay Next Wave's ability to send the Leads or can delay Buyer's access to Buyer's e-mail or Internet. Next Wave will not be held responsible if Buyer's e-mail or Internet is not working or if Buyer cannot take delivery of the Leads by those methods.

6. Return Policy

Subject to the certain conditions, Buyer may return Leads for a credit or may receive replacement Leads ONLY if any of the following conditions occur:

1. The phone number is incorrect
2. The consumer does not exist; or
3. The Leads do not meet the requirements/filters requested by Buyer

To claim a refund or a replacement of a Lead, Buyer must notify Next Wave that the Lead(s) qualify for refund or replacement within seventy-two(72) hours after the Lead(s) have been provided to Buyer. Unless otherwise agreed by Next Wave, Buyer will not be entitled to either a refund or a replacement if Buyer fails to notify Next Wave that the Lead(s) qualify for refund or replacement within 72 hours after the Lead(s) have been provided to Buyer.

Next Wave reserves the right to verify that the Leads are subject to refund or replacement, and, in Next Wave's sole discretion, determine whether the return or replacement is valid. If Next Wave determines that the Lead is valid, the charge for the Lead will stand and no refund or replacement Lead will be given.

Next Wave does not guarantee the quality of the Leads provided. Next Wave will not provide a credit or refund if a borrower/consumer changed his/her mind about getting a loan, debt relief, insurance, annuity, or other financial service, got a loan, debt relief, insurance, annuity or other financial service elsewhere, does not call back or says they are not interested, or provides incorrect data concerning income, assets, debts or other information.

7. Buyer Warranties and Representations.

Buyer makes the following warranties and representations:

(i) This Agreement has been duly and validly executed and delivered by Buyer and constitutes Buyer's legal, valid and binding obligation, enforceable against Buyer in accordance with its terms; and

(ii) Buyer has the power and authority to enter into this Agreement and perform the obligations hereunder and that the person executing this Agreement on behalf of Buyer is empowered to do so; and

(iii) Neither the execution of this Agreement nor the performance by Buyer of its obligations hereunder conflicts with or violates any other agreement to which Buyer is currently a party, or any provision of law, rule or regulation to which Buyer is subject; and

(iv) Buyer has all licenses, certifications, or other governmental or nongovernmental authorizations required for the conduct of Buyer's business. All licenses, certifications, and/or authorizations are valid and in good standing.

(v) Buyer is lawfully carrying on its business, is financially solvent, is not the subject of bankruptcy, insolvency or any liquidation or receivership proceeding.

(vi) To Buyer's knowledge, no claim is pending against Buyer that, if true or resolved adversely to Buyer, would cause any representation, warranty, performance covenant or other covenant set forth in this Agreement to be untrue or breached.

(vii) Buyer maintains a current subscription(SAN #) to the National Do Not Call Registry and any and all State DNC registries as required by law.

(viii) Buyer maintains a process that ensures leads are scrubbed against the National Do Not Call list in compliance with all DNC laws in effect.

(ix) Buyer agrees, warrants, and represents that it maintains a process that ensures leads are scrubbed against all state DNC lists, which are not in conjunction with the National Do Not Call list.

(x) Buyer agrees, warrants, and represents that it maintains a process that ensures wireless numbers ported to wireless telephones are scrubbed in compliance with all DNC rules.

(xi) Buyer agrees to maintain an established written Do Not Call policy, which complies with applicable DNC laws.

(xii) Buyer agrees to provide appropriate training for its personnel and any entity, assisting seller in DNC compliance.

8. Use of Leads/Buyer Covenants

(i) [For mortgage or debt settlement service providers.] The Leads delivered to Buyer are only for Buyer's use. Buyer agrees that Buyer shall not resell, exchange, transfer or distribute Leads to any other person or entity. Buyer agrees to maintain the privacy and confidentiality of all Leads received by Buyer, and Buyer agrees to use the Leads and/or the information or data received from Next Wave exclusively for the preparation and delivery of personal finance, mortgage loan, debt relief, insurance, or other service quotations, or policies and services.
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(ii) [For Lead Vendor and Lead Brokers] Unless otherwise agreed to in writing by Next Wave, Buyer agrees that Buyer may only resell a Lead up to two (2) times.

Buyer agrees not to use the Leads for any unlawful purpose. Buyer will conform to all obligations set forth in this Agreement, and all applicable, federal, state and local laws, rules and regulations, and ethical and professional standards, including but not limited to, the federal Real Estate Settlement Procedures Act (12 U.S. C. §§ 2601, et seq.) and Reg. X (24 C.F.R. Part 3500) (referred to together as "RESPA"); the Telephone Consumer Protection Act of 1991, the Gramm-Leach-Bliley Privacy Act of 1999 (15 U.S.C. §§ 6801, et seq.) and regulations (16 C.F.R. Part 313); the federal CAN-SPAM Act of 2003 (15 U.S.C. §§ 7701, et seq.) (Public Law 108-187); the federal Telephone Solicitation Act National Do-Not-Call Registry rules (64 Fed. Reg. 66124-66126); Truth-in-Lending Act (15 U.S.C. § 1601, et seq.) and Reg. Z (12 C.F.R. Part 226); Equal Credit Opportunity Act (15 U.S.C. §§ 1691, et seq.) and Reg. B (12 C.F.R. Part 202); California B&P code §§ 17200 and 17500, et seq., any statute of the Federal Trade Commission (FTC) or Federal Communications Commission (FCC) including but not limited to 47 U.S.C. §§ 227 and 47 C.F.R. §§ 64.1200, Mortgage Rescue Fraud Protection Acts, Credit Repair Organizations Act, Fair Debt Collection Practices Act, Section 5 of the FTC Act, Uniform Debt-Management Services Act or any similar state or federal unfair competition or fraud statutes; Anti-Spam statute(s); Privacy Statute(s); anti-conspiracy statute(s) and all other applicable federal, state or local laws, rules or regulations.

(iii) Buyer agrees it will not use the Leads for any unauthorized use including but not limited to chain letters, junk mail, "spamming", telephone solicitations in violation of any state or federal "Do-Not-Call" registry, or as a basis of any use or distribution lists to any person who has not given specific permission to be included in such a process.

(iv) Buyer will not send any messages or materials that are unlawful, considered an act(s) against public policy, discrimination of any kind, harassing, libelous, abusive, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

(v) Buyer will not use the Leads provided, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement.

(vi) Buyer agrees to respect prospective borrowers/consumers privacy and if a borrower/consumer requests to be removed from any further contact list of Buyer, Buyer agrees to comply with such requests.

(vii) Buyer will not disclose any of the information provided in the Lead in violation of any applicable state, federal, or local law, rules, or regulations, or ethical or professional standards.
(viii) Next Wave strongly recommends disclosures be made to debt settlement prospects regarding fees, impact on credit score, tax consequences, wage garnishment, and potential alternatives to debt settlement.

9. Disclaimers/Release

Next Wave makes no express or implied warranties or representations with respect to the Leads delivered to Buyer or services provided by Next Wave including, without limitation, warranties as to the results that may be obtained from Buyer or any third party as a result of Buyers purchase of Leads from Next Wave or the use of the Leads. The Leads are provided "AS IS", with no warranties whatsoever, either express or implied, oral or written, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or noninfringement. Next Wave does not broker loans or offer any debt settlement, credit repair, loan modification, or any other financial services directly to consumers and is not an agent of either, Buyer, or any other party, including but not limited to any borrower or consumer, subsequent lead purchaser, or client of Buyer. Next Wave acts solely as a re-seller of Leads and/or data or information and any actual liability will rest with the original compiler of the Leads and/or data or information. Next Wave does not engage in any business to consumer marketing inhouse. Buyer agrees that Next Wave cannot and does not guarantee the availability, accuracy, usefulness, honesty, sincerity, reliability or content of any information contained in a Lead. In addition, Next Wave specifically disclaims any warranty that the operation of its email or website will be error-free, timely, secure, or uninterrupted and Next Wave will not be liable for the consequences of any errors, delays, security issues or interruptions. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. No oral advice or written information given by Next Wave, its employees, agents, successors, assigns, affiliates, and attorneys will create a warranty; nor may Buyer rely on any such information or advice.

Compliance with the National Do-Not-Call Registry rules (64 Fed. Reg. 66124-66126) is the direct responsibility of you the BUYER as the telemarketer or seller of the goods or service. Under the law therefore, your business as the seller of the goods or services is directly responsible to comply with the law and NEXT WAVE does not assume the burden as a service provider and we cannot guarantee (indemnify) your company will not receive or be held accountable for such claims after you receive the lead from us. We do however employ significant measures prior to sending a lead to you to assist you in avoiding liability under the DNC and other privacy laws. These measures include manual and electronic data verification measures.

Next Wave disclaims any warranty or representation to any third party with respect to the Leads. In the event Buyer has a dispute with one or more clients, or a borrowers or consumer obtained through a Lead, or any third party arising out of relating to a Lead, Buyer releases Next Wave (and its employees, agents, successors, assigns, affiliates, or and attorneys) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.

The terms of this section shall survive the termination of this Agreement for whatever reason.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL NEXT WAVE, OR ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AND ATTORNEYS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS PROFITS, BUSINESS, REVENUE, DATA, OR BUSINESS INTERRUPTION, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BASED ON A WARRANTY, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE LEADS OR SERVICES PROVIDED BY NEXT WAVE, INCLUDING BUT NOT LIMITED TO, RELIANCE ON ANY LEADS OR DATA OR INFORMATION OBTAINED FROM NEXT WAVE OR ITS WEBSITE, THE USE OR MISUSE OF LEADS, INCLUDING ANY USE CONTRARY TO STATE OR FEDERAL LAW; BREACH OF THIS AGREEMENT, INABILITY OR FAILURE OF BUYER'S TO CONDUCT ITS BUSINESS; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NEXT WAVE'S RECORDS, PROGRAMS OR SERVICES. THE BUYER HEREBY ACKNOWLEDGES THAT THIS SECTION WILL APPLY WHETHER OR NOT NEXT WAVE IS GIVEN NOTICE OF THE POSSIBLITY OF SUCH DAMAGES AND THAT THIS SECTION WILL APPLY TO ALL CONTENT, MERCHANDISE, OR SERVICES AVAILABLE FROM NEXT WAVE AND ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND ATTORNEYS.

NOTWITHSTANDING ANYTHING ELSE HEREIN, BUYER FURTHER AGREES THAT IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF NEXT WAVE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING UNDER THIS AGREEMENT AND SERVICES PERFORMED HEREUNDER, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY BUYER TO NEXT WAVE FOR THE LEAD(S) PROXIMATELY CAUSING SUCH CLAIM, LOSS OR DAMAGE, EVEN IF NEXT WAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL CLAIM, LOSS OR DAMAGE. THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. ALL OTHER DAMAGES AND REMEDIES ARE WAIVED.

UNLESS OTHERWISE PROHIBITED BY LAW, NO ACTION ARISING OUT OF THIS AGREEMENT OR LEADS OR SERVICES PROVIDED BY NEXT WAVE MAY BE BROUGHT MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

11. Indemnification

Buyer agrees that Buyer shall defend, indemnify, save and hold harmless Next Wave from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, asserted against Next Wave by any third party, that may arise or result from this Agreement, the Leads or information or data provided by Next Wave; the services provided by Next Wave; any action taken, or any service performed or agreed to be performed by Buyer, its agents or employees to any third party in response to or in connection with any Lead delivered to Buyer; Buyer's violation of this Agreement or any third party rights, including without limitation, infringement of any copyright, trademark, service mark, trade secrets, right of privacy, or publicity, or any other third party right or in connection with any lead purchased by Buyer from Next Wave where Buyer participated in or was involved in any way with any violation of any state, federal, FTC, FDIC, or FCC rule or regulation governing telemarketing and in particular any Do Not Call rule or regulation.

The terms of this section shall survive the termination of this Agreement for whatever reason.

12. Termination
Next Wave may terminate this Agreement at any time, with or without cause, upon written notice (including electronic email) to Buyer.
Such termination shall not relieve Buyer from liability for the performance of its obligations under the Agreement arising prior to such termination.

13. Notice

Unless otherwise stated herein, any notice required or permitted to be provided under this Agreement shall be given by certified mail. The record addresses of the parties are as follows:

If to Next Wave: If to Buyer:

2705 Grimes Ranch Rd
Austin, TX 78732

Either party may change its address above by notice to the other party.

14. Miscellaneous

Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.

Exhibits. Any exhibits mentioned herein are incorporated by reference into this Agreement and deemed part of this Agreement.

Headings/Captions. The headings and captions contained in this Agreement are for convenience only and shall not control the meaning, effect, or construction of this Agreement.

Integration. This Agreement constitutes the full and final agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings or previous agreements of the parties. All parties warrant, promise and represent that in executing this Agreement they are not relying upon any oral representations, promise, or statement, or warranty independent of those expressly set forth in this Agreement.

Modification. Next Wave may modify the terms of this Agreement, in whole or in part, at any time in its sole discretion. Buyer will be notified by email of any such modifications. If any modification is unacceptable to Buyer, Buyer's only recourse is to terminate this Agreement. Buyers continued participation in purchasing leads from Next Wave and/or entering into Advertiser Insertion Orders will constitute a binding acceptance of any modifications. Notwithstanding the foregoing, Next Wave has no responsibility to email Buyer changes in its pricing schedules. It is Buyer's sole responsibility to obtain Lead prices prior to purchasing Leads from Next Wave. It is expressly understood and agreed that this Agreement may not be altered, amended, modified or otherwise changed in any respect or particular whatsoever by Buyer unless such modifications are approved by Next Wave in writing.

Assignment. Buyer may not assign or transfer this Agreement or transfer its rights or delegate obligations under this Agreement or any Advertiser Insertion Order without Next Wave's prior written consent. Next Wave may assign this Agreement or any of its rights or obligations hereunder upon written notice to Buyer. This Agreement shall be binding on all permitted successors and assigns of the parties to this Agreement.

Further Assurances. Buyer agrees that it will without further consideration execute, acknowledge and deliver such other documents, and take such other actions, as may be requested by Next Wave in order to consummate the purpose and subject of this Agreement.

Severability. In the event any term, paragraph or provision of this Agreement is deemed to be invalid or unenforceable by a court, the remaining provisions of this Agreement, shall nevertheless retain their validity and enforceability and be fully binding as between the parties hereto.

Waiver. Next Wave's failure to enforce Buyer's strict performance of any provision of this Agreement will not constitute a wavier of Next Wave's right to subsequently enforce such a provision or any other provision in this Agreement against Buyer.

Proprietary Rights/Copyrights and Trademarks. All contents of Next Wave's website, leads database, and inhouse software are proprietary to Next Wave. All trademarks, copyrights, trade names, logos, branded materials, and other company identifiers of Next Wave and such other names, logos, branded materials and identifiers that Next Wave may adopt from time to time shall remain the sole and exclusive property of Next Wave. All rights reserved. Next Wave reserves any rights not expressly granted herein.

Authority. If any person is signing this Agreement, in any capacity other than as a natural person, then such person signing this Agreement represents and warrants that such execution has been duly authorized and empowered.

Governing Law. This Agreement is and shall be deemed to be a contract entered into and made pursuant to the laws of the State of Texas and shall in all respects be governed, construed, applied and enforced in accordance with the laws of Texas, without reference to rules governing choice of laws.

Arbitration. Any controversy, claim or dispute among the parties arising out of this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Travis County, Texas and judgment upon the award rendered by the Arbitrator may be entered in any court having jurisdiction. The fees and costs incurred in any such arbitration (exclusive of attorney fees and costs) shall be borne equally between the parties. However, they shall be recoverable as a cost pursuant the section entitled, Legal Action or Arbitration, below. Should either party fail or refuse to pay its share of the fees and costs, then the non refusing party may advance those fees and costs and the non paying party shall be deemed to have waived their right to participate in the binding arbitration and shall be precluded from participating in the arbitration unless and until they have reimbursed the advancing party. Any such reimbursement must be at least 14 days prior to the Arbitration Hearing date in order to cure the default of the non paying party.

Legal Action or Arbitration. If any party to this Agreement resorts to any legal action or arbitration, to enforce any provision of this Agreement, the prevailing party shall be entitled to recover its attorney's fees in addition to any other relief which it may be entitled.

Relationship of the Parties. The relationship between Buyer and Next Wave is, and at all times shall remain, solely that of independent parties, and shall not be, or construed to be a joint venture, partnership, fiduciary, or other relationship of any nature.

Voluntary Agreement. The parties hereto, and each of them, further represent and declare that they have carefully read this Agreement, and know the contents thereof, and that they sign the same freely and voluntarily.

Representation of Comprehension of Agreement/Independent Legal Advice. In entering into this Agreement, the parties agree that they have read the contents of this Agreement; that the terms of this Agreement are fully understood and voluntarily accepted by them; that they have either relied upon the legal advice of an independent attorney of their own choosing, or have knowingly waived their right to consult with an independent attorney regarding the terms of this Agreement; and that hereafter neither party shall deny the validity of this Agreement on the ground of inadequate advice of counsel.

In Witness Whereof, each of the parties hereto have executed this Agreement as of the date first written above.

Buyer Company Name: _______________________________________

Buyer address: ______________________________________________

Authorized Representative Signature: ____________________________

Printed Name: ___________________________________ __

Date: __________________________

NextWaveMarketingStrategies.com

Name: Troy Wilson
Title: President

__________________________________________________

You must either click "I agree" to this contract upon initial online signup process or sign and either fax this agreement back to us at 678-868-3122 or scan it and email it to leads@nextwavemarketingstrategies.com to begin receiving leads from us and by doing so you agree to be bound by the terms herein.

PLEASE PRINT AND RETAIN A COPY OF AGREEMENT FOR YOUR RECORDS.