This Contractor Advertiser Agreement ("Agreement") is between Franklyns Bay LLC, a Florida limited liability company ("Company," "we," "us," or "our"), operator of StormRoofQuotes.com, and you, the roofing contractor, home improvement company, or other business entity purchasing leads or advertising services through this platform ("Contractor," "Advertiser," or "you").
Key definitions used in this Agreement:
StormRoofQuotes.com is a lead generation marketplace that connects homeowners seeking storm damage roofing services with independent roofing contractors. When a homeowner submits a lead request form on our Site, we transmit that homeowner's contact and property information to one or more contractors who have selected matching service areas and categories.
We offer Leads on a pay-per-lead basis or as part of a package or subscription, as agreed in writing or through our online ordering process at the time of purchase. The specific terms of your Lead package — including price, service area, categories, and volume — are set forth at the time of your purchase and are incorporated into this Agreement.
We may send a Lead to more than one contractor. You acknowledge that you will be competing with other contractors for the same homeowner's business. This is not an exclusive arrangement.
We make no guarantee, representation, or warranty regarding:
Homeowners Are Your Clients, Not Ours: When a homeowner contacts you through a Lead from this Platform and you enter into any agreement with them for roofing services, that homeowner is your client — not a client of Franklyns Bay LLC. Franklyns Bay LLC is not a party to any agreement between you and any homeowner, does not supervise or control the services you provide, and assumes no responsibility or liability for the performance, quality, pricing, or outcome of any roofing work you perform.
No Endorsement from Designations: Any designation, badge, label, or description that may appear in connection with your listing or account on this Platform — such as "verified," "licensed," "background checked," "top rated," or similar language — indicates only that the account completed a specific process or met certain criteria at a point in time. Such designations do not constitute an endorsement, warranty, certification, or guarantee by Franklyns Bay LLC, and do not represent that you are currently licensed, insured, safe, or suitable for any particular project. All such designations may be removed or modified at any time in our sole discretion.
Any estimates of Lead volume provided during our sales process are projections only and are not guaranteed. A failure to receive a projected volume of Leads does not constitute a breach of this Agreement and does not entitle you to a refund or fee waiver.
By entering into this Agreement, you represent, warrant, and agree on a continuing basis that:
You agree to provide proof of licensing, insurance, and bonding promptly upon our request. We reserve the right to verify your credentials at any time.
Lead Fees: You agree to pay the Lead Fee for each Lead transmitted to you, whether or not you contact the homeowner, win the job, or receive any payment from the homeowner. Lead Fees are earned by us upon transmission of the Lead to you.
Payment Method: By purchasing Leads or a subscription, you authorize us (or our payment processor) to charge your credit card, debit card, or other approved payment method on file for all amounts due under this Agreement, including Lead Fees, subscription fees, and any applicable taxes.
Subscriptions: If you purchase a Lead subscription or package, your subscription will automatically renew for successive equivalent terms at the then-current rate unless you cancel before the renewal date. You authorize us to charge your payment method for each renewal term without further notice unless required by law.
Taxes: You are responsible for all applicable sales, use, excise, or similar taxes imposed on your purchase of Leads or advertising services. We may collect and remit such taxes where required by law.
Late Payments: Amounts not paid when due will accrue interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is less) from the due date until paid in full. You agree to pay all costs of collection, including reasonable attorneys' fees and third-party collection agency fees, if we must pursue collection of overdue amounts.
Failed Payments: If your payment method is declined, you must provide a valid payment method promptly. We reserve the right to suspend Lead delivery until payment is received. Continued failure to pay may result in termination of your account.
Price Changes: We reserve the right to change Lead Fees or subscription rates upon notice to you. Continued use of the Platform after receiving notice of a price change constitutes your acceptance of the new pricing.
We may, in our sole discretion, issue a credit for a Lead that meets all of the following criteria:
We do not issue credits for Leads where the homeowner is uninterested, has already hired another contractor, or where you were unable to win the job for any reason.
Homeowner contact and property information transmitted to you as part of a Lead ("Homeowner Data") is provided to you solely for the purpose of contacting that homeowner to offer storm damage roofing services in response to their specific request.
You agree that you will NOT:
You agree to provide the same level of privacy and security protections for Homeowner Data as required under applicable law. You must promptly notify us at [email protected] if you determine you can no longer meet your data protection obligations, or if you experience any actual or suspected data breach involving Homeowner Data. We reserve the right to take appropriate steps to stop and remediate any unauthorized use of Homeowner Data, including suspending or terminating your account.
Your obligation to protect Homeowner Data survives termination of this Agreement.
You agree that you will not:
Violation of any of the above may result in immediate termination of your account and pursuit of all available legal remedies.
You agree that our pricing, Lead delivery methods, platform architecture, Homeowner Data, and other non-public business information (collectively, "Confidential Information") shall be held in strict confidence. You shall not disclose, distribute, or use Confidential Information for any purpose other than performing your obligations under this Agreement. You are strictly prohibited from selling, sharing, or transferring any Homeowner lists or Lead information. Your confidentiality obligations survive termination of this Agreement.
You are solely responsible for all taxes, insurance, workers' compensation, and regulatory compliance obligations associated with your business and employees. Franklyns Bay LLC bears no liability for your acts, omissions, or the work you perform for any homeowner.
All content, tools, data, and materials on the StormRoofQuotes.com platform are the exclusive property of Franklyns Bay LLC or its licensors. You receive no license to reproduce, copy, scrape, or commercially exploit any Platform content except as expressly permitted in writing by us.
By providing us with your company name, logo, or other materials for display on our Platform, you grant us a non-exclusive, royalty-free license to display such materials for the purpose of promoting your services to homeowners during the term of this Agreement. This license terminates upon cancellation of your account, provided you request removal in writing.
Some jurisdictions do not allow limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.
Claims Limitation Period: Any claim you have arising out of or related to this Agreement or any Lead must be submitted to us in writing within one hundred twenty (120) days after the event giving rise to the claim, or if the claim relates to a charge, within one hundred twenty (120) days after you are billed for such charge. Any claim not submitted within this period is deemed waived.
You agree to defend, indemnify, and hold harmless Franklyns Bay LLC and its members, managers, employees, agents, successors, and assigns ("Indemnified Parties") from and against any and all claims, liabilities, losses, damages, costs, and expenses — including reasonable attorneys' fees — arising out of or related to:
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree not to settle any such claim without our prior written consent.
Term: This Agreement begins when you first purchase a Lead or advertising service from us and continues until terminated by either party.
Termination by You: You may terminate this Agreement at any time by contacting us at [email protected]. You remain responsible for all Lead Fees incurred prior to the effective date of termination. Subscription fees already paid are non-refundable except as expressly provided in your subscription terms.
Termination by Us: We may terminate or suspend your account and access to the Platform immediately and without notice at any time for any reason, including but not limited to your violation of this Agreement, fraudulent activity, misuse of Homeowner Data, or conduct harmful to homeowners or our Platform. Upon termination for cause, you are not entitled to any refund of fees paid.
Effect of Termination: Upon termination, all licenses granted to you terminate and you shall have no further right to access the Platform or receive Leads. Your payment obligations, confidentiality obligations, indemnification obligations, and all other provisions that by their nature should survive termination shall survive.
No Re-registration: If your account is terminated for cause, you are prohibited from registering a new account under your name, a fictitious name, or the name of any affiliated entity without our prior written consent.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law provisions.
Informal Negotiations: Before initiating any formal legal proceeding, you agree to contact us at [email protected] and attempt to resolve any dispute informally for a period of thirty (30) days from the date written notice is received.
Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Platform shall be finally resolved by binding arbitration administered by JAMS under its Commercial Arbitration Rules, rather than in court. The arbitration shall take place in Citrus County, Florida, or at a mutually agreed location. The arbitrator's decision shall be final, binding, and in writing.
Class Action Waiver: YOU AND FRANKLYNS BAY LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Exceptions: Either party may bring claims in small claims court or seek emergency injunctive relief in a court of competent jurisdiction to prevent actual or threatened misappropriation of confidential information or intellectual property.
Venue for Non-Arbitrated Matters: For any matter not subject to arbitration, you consent to the exclusive personal jurisdiction and venue of the state and federal courts in Citrus County, Florida.
Attorneys' Fees: If we must take legal action to enforce this Agreement and prevail, you agree to pay our reasonable attorneys' fees and costs.
Force Majeure: Other than payment obligations, neither Franklyns Bay LLC nor you will be liable for any delay or failure in performance arising out of a cause beyond our or your reasonable control, including fires, floods, hurricanes, epidemics, pandemics, acts of war, or acts of regulatory agencies.
Entire Agreement: This Agreement constitutes the entire agreement between you and Franklyns Bay LLC regarding your purchase of Leads and advertising services and supersedes all prior negotiations, representations, and agreements.
Modifications: We may update this Agreement from time to time with prior notice to you via email or posting on our Platform. Your continued use of the Platform after receiving notice constitutes acceptance of the updated Agreement.
Severability: If any provision of this Agreement is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force.
No Waiver: Our failure to enforce any provision of this Agreement at any time shall not constitute a waiver of that provision.
No Assignment: You may not assign or transfer this Agreement or any of your rights or obligations without our prior written consent. We may assign this Agreement freely.
Notices: Notices to us must be sent to [email protected] or by certified mail to Franklyns Bay LLC, Crystal River, FL 34428. Notices to you will be sent to the email or address on file with your account.
Survival: Sections 7, 9, 10, 12, 13, 14, 16, and 17 survive termination of this Agreement.
Questions about this Agreement or your account should be directed to:
Email: [email protected]
Mailing Address: Franklyns Bay LLC, Crystal River, FL 34428
Website: www.stormroofquotes.com