Service Agreement

Member Services Agreement

Most Recent Update: May 22, 2018

This agreement (Agreement) is between Paladin Internet Properties, Inc., doing business as Paladin, Paladin Research & Registry, or Paladin Digital Marketing (hereinafter collectively referred to as Paladin) and the financial professional or firm (advisor, advisors) that accepts the terms and conditions of this Agreement by submitting and/or maintaining personal data on Paladin’s Registry website or ultilizing one or more of Paladin's lead generation or digital marketing services. 

Please read these terms and conditions carefully. They constitute a legal, binding agreement between advisors and Paladin..

  1. Advisor Acceptance: Advisor agrees to read the terms of this agreement carefully as advisor's submission of data to Paladin or utiliztion of a Paladin service constitutes advisor's acceptance of the current terms and conditions in this Agreement and all future revisions to this Agreement.
  2. Paladin Websites: 
This agreement is equally applicable for advisors who use the services on any Paladin website.
  3. Non-Commercial Use: The services on Paladin's websites are intended for the exclusive use of advisors who are listed in the Paladin Registry and/or use Paladin's digital marketing services. Advisor agrees that the intended uses of Paladin's websites are to help investors find and evaluate advisors and for advisor to market his or her services to investors. It is not intended that any person or company use the information on this site, including the names of advisors, for recruiting, marketing of financial products or services, or other purposes that may or may not compete with Paladin and advisor interests.
  4. Terms of Service: 
Advisor activity on the Paladin websites is also governed by the provisions of Paladin's Terms of Service document that is published on the Paladin Registry website.
  5. Modification: 
Paladin has the exclusive right to modify this Agreement with or without notice to advisor. Advisor is bound by the terms and conditions of the current and revised agreement as long as advisor continues to maintain data on a Paladin website or utilize a Paladin marketing service.
  6. Paladin Services: 
Paladin is an information, marketing, digital services, and consulting company that provides lead generation, digital marketing, and consulting services to advisors.
  7. Information Only: 
All advisor and education data that are provided to investors by Paladin is for informational purposes only and is not to be considered financial, insurance, tax, or legal advice.
  8. Advisor Data: Paladin does not have any liability, contingent or otherwise, for the accuracy, completeness, or timeliness for advisor data that is maintained and published on its websites.
  9. Editing: Paladin reserves the right to edit information that is provided by advisor on Registry documents without advisor's approval in advance. Edits can include, but are not limited to, spelling, grammar, sales information, punctuation, and other text that could confuse investors or reduce the objectivity or quality of advisor's documentation.
  10. PR Certificed: 
Paladin does not validate the accuracy of the information that advisor submits to Paladin to develop advisor’s Registry profile and directory advertisement unless advisor subscribes to Paladin's PR Certified service. It is a breach of this agreement to represent information on advisor's Registry profile or advertisement has been certified for accuracy by Paladin unless advisor has subscribed to the PR Certified service.
  11. Beyond Paladin's Control: 
Paladin is not responsible or liable for events or results that are beyond its control. That includes: The Internet, natural disasters, viruses, data theft, communications, and any other occurrences that are beyond its control.
  12. Suspension of Service: Paladin reserves the right to modify, suspend, or discontinue its website services at any time with or without notice to advisor. Paladin shall not be liable to advisor or any third party for any such modification, suspension, or discontinuation of service.
  13. Investor Screening: Paladin search consultants screen investors on a best efforts basis when they use Paladin's match service. Paladin cannot screen investors who use its directories to conduct their own searches.
  14. Preferred Partners: Paladin may provide information about Partners and when appropriate provide links to the Partners' websites from Paladin websites. Information and links do not constitute a recommendation or endorsement of the Partners' services and Paladin has no responsibility or liability for any Partner services that may be used by advisor.
  15. Affiliate Program: 
Some Paladin investor matches or referrals may originate on third party websites that Paladin calls Affiliates. An Affiliate may run a private label version of the Registry on its website or provide a link to Paladin's search engine. The affiliate may also provide advisor's photo and profile to investors to facilitate the match process.
  16. Compliance Review: 
Advisor agrees to provide Paladin with any disclosures that appear on advisor's compliance record in a timely manner after advisor is admitted to the Registry. Paladin will also conduct reviews of advisor compliance records. If Paladin finds undisclosed disclosures on Advisor's compliance record it is grounds for immediate removal from all Paladin websites.
  17. Qualifications: Advisor represents he or she is a competent, ethical financial professional who provides planning, investment, insurance, or tax services. Advisor represents advisor has not withheld any pertinent information that would cause Paladin to deny advisor’s application or remove advisor from the Registry.
  18. Licensing & Registration: 
Advisor acknowledges advisor holds current licensing or registration for all of the states in which advisor provides financial advice and services for fees or sells investment or insurance products for commission.
  19. Intended Use: 
Advisor agrees to only use Paladin services as they are intended to be used and will not misuse any information or services that are provided by Paladin to investors or other advisors. Advisor will consider all Paladin information, services, policies, and other proprietary works as the exclusive intellectual property of Paladin.
  20. Business Relationship: 
Advisor acknowledges that advisor has no link to Paladin including ownership, employment, affiliation, licensee, partnership, agency, joint venture, contractual, revenue sharing, licensing, or any other form that would represent a potential conflict of interest between Paladin and the investors who use Paladin's search, documentation, and information services.
  21. Recommendations and Endorsements: Paladin does not recommend or endorse particular advisors to investors who use its match services. Paladin's role is limited to matching the requirements of investors with the requirements of advisors and providing documentation for advisor credentials, ethics, and business practices.
  22. Admittance Policy: Paladin reserves the right to deny Registry or Directory services to any advisor with or without cause.
  23. Published Documentation: 
Advisor understands that information in advisor's Registry profile will be distributed to investors and other interested parties over the Internet.
  24. Complete & Accurate Data: 
Advisor agrees to provide complete, up-to-date, and accurate information in the Paladin questionnaire that is used by Paladin to develop an online profile and advertisement. Upon completion of the Paladin questionnaire, advisor agrees to certify that all information entered by advisor and/or advisor's staff is accurate, complete, and up-to-date.
  25. Maintenance of Advisor Data: Advisor agrees to keep the information in Paladin's research report and advertisements that appear on Paladin websites up-to-date on at least a quarterly basis or whenever there are significant changes to advisor's credentials, business practices, or compliance record.
  26. Verbal Representations: Advisor agrees that any verbal representations to investors who were referred to advisor by Paladin will be consistent with the information that Paladin has published on its websites for advisor.
  27. Password: Advisor will access advisor’s Paladin Registry account by using an ID (email address) and personal password. Advisor is solely responsible for the protection of the confidentiality of the password.
  28. Compliance Department: 
Advisor is solely responsible for obtaining any approvals that may be required from a compliance department that holds advisor's licenses or registrations. Paladin assumes advisor has obtained appropriate compliance approvals prior to being activated on Paladin websites.
  29. Timely Follow-up: 
Advisor agrees to respond to investor referrals in a timely manner. A timely response is described as the same or next business day, but no later than two business days.
  30. Quaranteed Quantity of Leads: 
Paladin cannot guarantee a specific number of investor leads to advisor. Number of leads will vary by location, minimum asset requirements, financial services, investor requirements, Internet activity, time of year, and media coverage.
  31. Membership Fee: Advisor agrees to pay Paladin a fixed monthly Registry membership fee at the beginning of each billing period.
  32. Lead Generation Services: Part of the membership fee may be used to produce a limited number of leads for advisors who pay a higher subscription fee, but not a PAL marketing fee. Advisors, who want additional leads, participate in the PAL marketing program. 
  33. PAL Marketing Program: Advisors have the option of subscribing to the PAL marketing program that produces additional leads.
  34. PAL Marketing Budget: Advisors, who opt in to this program, agree to establish a monthly marketing budget that Paladin will debit each time a lead is produced for advisor. Paladin agrees not to exceed advisor's monthly budget amount without advisor's approval in advance.
  35. PAL Billing Cycle: Advisor acknowledges Paladin will bill a designated account for the PAL marketing budget at the beginning of each billing period. Assuming Paladin has used more than 50% of the current month's marketing budget, Paladin will bill the designated account for the full amount of the subsequent month's marketing budget.
  36. Unused Marketing Budget: If Paladin fails to use all of advisor's PAL marketing budget, and the remainder is less than 50% of the advisor's marketing budget, Paladin will carry-over the unused marketing budget into the subsequent month and bill advisor's account for the full amount of the marketing budget. If Paladin uses less than 50% of advisor's marketing budget there will be no billing in the subsequent month.  
  37. PAL Terminations: In the event advisor terminates the PAL service, Paladin will refund any unused marketing budget at the end of the billing cycle. Any outstanding leads are paid for before the refund is issued by Paladin. 
  38. Automated Billing: Advisor agrees to establish an electronic billing account to pay Paladin's membership and PAL marketing fees.
  39. Refund Policies: Paladin does not refund any past or unused membership fees that may result from a monthly payment in advance or subsequent termination of Paladin’s services by advisor or Paladin. Paladin will refund any unused PAL marketing budget amount at the end of the current billing cycle. 
  40. Replacement Policy: Advisor acknowledges some leads will be higher quality than other leads. Some leads will result in sales that produce thousands of dollars of revenue for advisor. Other leads may not result in interviews and may end up in advisor's drip system. Advisor acknowledges Paladin has not control over the responsiveness of leads. It is Paladin policy not to issue refunds for leads that do not result in interviews. Paladin, at its sole discretion, may agree to replace a lead with bad data (telephone number, email address) with another lead.
  41. Renewal Policy: Advisor's account automatically renews unless Paladin receives a change or termination notice at least three business days before the next monthly billing date.
  42. Termination of Service: 
Paladin or advisor may terminate this agreement, with or without cause, at the end of any regularly scheduled billing period. Advisor agrees that Paladin, at its sole discretion, may terminate or suspend advisor's access to its website for any reason including breach of the terms in this agreement, any suspected fraudulent, abusive, illegal activity, or non-payment of Paladin service fees. Advisor agrees that the termination of advisor access may take place without any liability to Paladin and without any prior written notice to advisor. If terminated, advisor will immediately cease and desist any reference to or use of Paladin information in advisor's marketing activities.
  43. Computer Systems: Advisor agrees to not email, enter, upload, or transmit any material that contains software viruses or other computer code that is designed to disrupt, disable, interrupt, corrupt, destroy, or otherwise interfere with Paladin's computer systems.
  44. Advisor Remedy: 
If advisor is dissatisfied with any portion of the website or any of the services provided by Paladin, advisor's sole and exclusive remedy is to terminate advisor's account.
  45. Representations & Warranties: Advisor represents and warrants to Paladin that advisor is authorized to enter into this agreement on behalf of advisor or advisor's firm. Advisor also warrants that advisor has all of the required licenses and registrations to provide financial advice and services for fees or sell investment and insurance products for commission in the states of residence of the investors who are matched to advisor.
  46. Warranty Disclaimer: Advisors use Paladin services at advisor's own risk. This service is provided on an "as is, as available" basis. Neither Paladin nor any of its affiliates or partners makes any warranties, express or implied, with respect to any of the services, content, or products and hererby disclaims any implied warranties , including without limitation, those of merchantability, fitness for a particular purpose, and non-infringement. Some states do not allow the disclaimer of implied warranties, so these limitations may not apply. 
  47. Limitation of Liability: In no event will Paladin or any of its partners be liable for lost revenues or profits. Paladin's liability and the liability of Paladin's partners to advisor or any third parties is limited to the amount of fees advisor paid Paladin in the 12 months prior to the date of the action. 
  48. Indemnification: 
Advisor agrees to indemnify, defend, and hold Paladin harmless as well as its owners, officers, directors, agents, licensors, suppliers, and any third-party providers to Paladin from and against all losses, expenses, damages, and costs, including reasonable legal fees resulting from any legal action that involves information advisor did or did not provide Paladin, information advisor did or did not provide Investors including misrepresentations and omissions, the investment recommendations of advisor, and the investment results from advisor's advice, recommendations, or services.
  49. Governing Law and Jurisdiction: 
Paladin controls the Registry and affiliated websites from its offices in the state of California. By using the services on Paladin websites, advisor and Paladin agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, shall govern all matters relating to advisor's access to or use of Paladin services. Advisor and Paladin also agree and hereby submit to the exclusive personal jurisdiction and venue of the Eastern District of California with respect to such matters. All disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Sacramento, California, before JAMS/ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and this Agreement. The arbitration will be conducted in accordance with the provisions of JAMS' Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS' panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor is no longer in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. Both parties will pay their share of the arbitrator's fees and each party will initially bear its own costs and attorney's fees, but the other party will reimburse the prevailing party for all attorney, witness, and arbitration fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.
  50. Trademarks, Service Marks: 
Paladin, Paladin Registry, Paladin Research & Registry, PaladinRegistry.com, Paladin Digital Marketing, PaladinDigitalMarketing.com, Investor Watchdog, InvestorWatchdog.com, Find Financial Advisors, FindFinancialAdvisors.com, Who's Watching Your Money?, 5 Steps for Selecting the Best Financial Advisor, and their respective logos are service marks or trademarks of Paladin, whether registered or unregistered. Other trademarks and service marks on the website may be the property of third parties. Advisor shall not use any of the aforementioned marks without the prior written permission of the appropriate owner of the mark.
  51. Copyrighted Material: 
Copyrighted materials appear on the Paladin websites. Copyright exists in the pages, in the screens displaying the pages, and in the information, materials, and other content on the site that are owned by Paladin, unless otherwise indicated and is protected by U.S. and international copyright laws and treaties. The information, materials, and other content on the site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise be used for public or commercial purposes without the express written consent of Paladin, such consent being in the sole discretion of Paladin.
  52. Beyond Paladin's Control: Advisor agrees to absolve or release Paladin from any claim of harm resulting from a cause that is beyond Paladin's control including, but not limited to, failure of equipment, computer viruses, unauthorized access, theft, operator errors, Internet malfunctions, natural disasters, third party services, and governental restrictions. 
  53. Assignment: 
Advisor agrees not to assign his or her relationship with Paladin to another advisor or firm without Paladin's agreement in advance. Advisor agrees not to refer Paladin generated leads or referrals to other professionals at advisor's firm for sales or service without Paladin's agreement in advance.
  54. Term of Agreement: The term of this Agreement begins when advisor data are accepted for publishing on one of Paladin’s websites and an electronic billing arrangement is established. Or, advisor has signed an agreement for digital marketing services. The Agreement will endure as long as advisor's data are published on one of Paladin’s websites and/or advisor continues to receive services from Paladin. The agreement will terminate on the same day that advisor's data are removed from Paladin’s websites and/or Paladin and advisor agree to terminate its relationship with the other party.
  55. Effective Delivery: 
All notices shall be deemed delivered by any means including, but not limited to, email or notices or messages posted on Paladin's websites.
  56. Review of Agreement: 
Advisor agrees to periodically review this agreement for any changes that may impact the relationship between Paladin and advisor.
  57. Entire Agreement.
This document, in conjunction with Paladin's Terms of Service document that appears on the Paladin Registry website, represent the entire agreement between Paladin and advisor and supersedes any other agreement whether oral or in writing.

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