Agency Terms & Conditions

This Web site is offered to the User (Certified Agency) conditioned upon acceptance by the User without modification of the terms and conditions contained herein. This Agreement Addendum supplements the General Agreement. Use of the services, contents and/or products presented in any and all areas of this site constitutes the User’s agreement to abide by the General Agreement and by the following terms and conditions.

Qualified & Certified Agencies

BPI certifies advertising, public relations, direct marketing, new and interactive media, media buying, sales promotion, web development agencies and other marketing firms based on information furnished by them during the registration and enrollment process. Agencies must meet or exceed current BPI Board of Advisor standards to become Certified Agencies.

Agency Information

By registering, you confirm that the information you supply is complete and accurate to the best of your knowledge; that you are empowered and authorized to provide this information and enroll the agency for "certification"; that you accept responsibility for keeping your agency data accurate and up-to-date; that you are not enrolling your agency under false pretenses; and that you will respond in a reasonable length of time to our email or telephone inquiries.

Agency Invitations

Certified Agencies are NOT notified or invited to respond to a search until a BPI consultant has spoken with the client by telephone. Our client call is to validate the search, learn more about the search requirements and, if appropriate, assist in making positive adjustments in the search criteria. Certified Agencies do not learn the names of companies and/or individuals conducting searches except in those cases when a specific inquiry is extended to a specific agency.

If a searcher rank orders his or her final agency selections, Certified Agencies will be invited in the order assigned until the number of agencies requested by the client has agreed to become contenders or until we have exhausted the list; otherwise, we will invite selected Certified Agencies in the order we deem appropriate. Certified Agencies MUST make their initial telephone contact with the searcher within four business days of our notice and invitation.

When Certified Agencies receive a new business invitation and introduction, they learn searcher/client name, contact, search assignment details, first-year budget and all search criteria known to BPI.

Non-Pursuit Agreement

AgencyFinder Certified Agency relationships are based on trust. When a Certified Agency declines a client invitation for any reason, they agree to withdraw completely from consideration. BPI's client and consultant relationships encourage the free exchange of information on search activity. If a declining Certified Agency attempts to re-establish contact without going through BPI/AgencyFinder, then that agency may be immediately and permanently removed from the database, and the client/consultant advised that the agency has failed to abide by these Terms and Conditions.

If your Certified Agency consummates a relationship that includes any compensated business with a client initially introduced by AgencyFinder within 12 months of that original agency invitation, it shall be deemed an introduction made by AgencyFinder. Upon BPI’s discovery of that fact, if your agency is not fee-paid, it shall be subject to a surcharge equal to the current balance due and is payable on demand.

Confidentiality of Agency Data

Agency information is treated with the utmost confidentiality. BPI utilizes User ID and Password technology to see that unauthorized individuals have no access to confidential Certified Agency data.

After a searching party concludes his or her online search, a BPI executive calls the client to confirm the search and to discuss the selected agencies. At that time and as part of the process, BPI will furnish the searcher with on-line access to each agency’s non-confidential data, attributes and essay report.

At the conclusion of an actual search, whether it results in the award of business or not, BPI may elect to post the non-confidential details of that search (Client name, consultant name, location, logo, business category, budget range, agency finalists, agency logo, awarded agency and location) on the AgencyFinder website; in the agency Flash Report newsletter; the Client Search News newsletter; industry trade publications; or within the framework of a industry association presentation.

Search Confidentiality

Your Certified Agency agrees to hold each invitation you receive and the details of that invitation confidential; revealing information about a search to any outside party may cause your Certified Agency to be immediately excluded from further consideration by the searcher and may lead to removal from the BPI database.

Annual Subscription Fee, Budget Option & Money Back Promise

Representation of your Certified Agency (Agency), our new business efforts on your behalf, your opportunity to be selected, permission granted to respond to a client's invitation and our subsequent introduction are based on full and timely payment of all fees due to BPI. Visit http://www.agencyfinder.com/agencyfinder-subscription-north-america.shtml for full details.

When your Agency receives a pitch invitation (as in a client introduction), you are entitled and encouraged to initiate and hold a no-obligation telephone due-diligence interview with that client (normally within four business days of receipt) before deciding whether or not to become a contender, but final contender status is not granted until payment of the appropriate fees have been received or agreed to be paid. A Contender is any invited agency that takes any action intended or expected to enhance their competitive position following the allowed single initial client telephone due-diligence interview. As necessary, we will allow more Agencies to speak with the client than may become contenders.

Your Agency introductions are offered on the condition of prompt receipt of all fees due to BPI. Payment of any balance is due at BPI headquarters fifteen (15) days following invoice date and prior to any face-to-face client meetings. Invoices carry our Federal ID Number (for Form W-9) plus information for credit card, agency check or wire transfer payment.

It is your Agency's responsibility to ensure that payment is received. We are not responsible for the failure of any carrier to deliver the instrument of payment. We encourage Agencies to pay by credit card, Agency check (using our Federal Express account #) or wire transfer of funds to ensure they become contenders in a particular search. Upon timely receipt of payment, your Agency is eligible to receive unlimited new business inquiries and client-requested introductions for the remainder of your subscription period.

A FINANCE CHARGE of 24% per annum is added to account balances more than 30-days old.

When your Agency fees are delinquent, clients are notified and your Agency may be withdrawn from consideration. All accounts aged more than 90-days are referred to our attorneys for collection, subject to attorney's fees, interest and costs.

AgencyFinder Power Index (AFPI) & Certified Agency Icon

Your Certified Agency earns a rating reflected by your AFPI. A perfect score = 100. The AFPI algorithm reflects the completeness of the agency data file while not discriminating between large, mid-size and small agencies with regard to capitalized billings, employee counts, number of offices, etc. Missing data, missing or incomplete essays and case histories are subtractive. The algorithm also reflects your agency’s historical record on invitation responsiveness, process compliance and fiscal responsibility. The algorithm makes no representation as to your agency personality or creative capabilities.

The Certified Agency Icon depicts your Agency's subscription to AgencyFinder and your Agency's AFPI. The Certified Agency Icon shall be placed on one page of your agency website; location is at Agency discretion. This "icon" confirms your subscription and "Certification," and also displays the agency's current Power Index rating. Two (2) bonus points are attributed to the Agency AFPI when the Icon is properly displayed. Icon and instructions for installation are found within each Agency's Record Maintenance file.

Governing Law, Forum Selection & Waiver of Jurisdiction

This Agreement Addendum shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Virginia, without regard to the conflicts of law provisions thereof. User hereby consents to the jurisdiction and venue of the federal and state courts in the Commonwealth of Virginia located in Henrico County or the City of Richmond and further agrees that said courts shall have exclusive jurisdiction for the resolution of all disputes hereunder. User hereby waives any objection to venue or personal jurisdiction.

General

This Agreement Addendum shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement Addendum, the terms of this Agreement Addendum shall control.

If you fail to perform any or all of your obligations under this Agreement Addendum, then you agree to pay all of BPI's costs, including attorney’s fees (not to exceed 30%), the fees of collection agencies, and other expenses incurred by BPI in enforcing any of the terms of this Agreement Addendum. If you fail to pay any obligation within 30 days from the date that it is due, then you agree to pay 24% interest on the amount due at the rate of 2% per month.

If any provision is deemed to be unlawful or non-enforceable, that shall not affect the validity and enforceability of the remaining provisions. Any rights not expressly granted herein are reserved.

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