Standard Terms & Conditions
Version 1.3 | Effective January 1, 2025
This Pay-Per-Lead Master Services Agreement (the "Agreement") governs all Insertion Orders ("I/O") executed between CasesDaily ("Company") and the law firm identified in the applicable I/O ("Client"). By executing an I/O that references this Agreement, Client agrees to be bound by these terms.
Company is not a law firm, does not practice law, and provides no legal services or advice. These terms are designed to comply with all applicable rules of professional conduct and laws and regulations in Client's jurisdiction.
Company's primary deliverable is "Qualified Leads." A Qualified Lead is the verified contact information of a person who meets the Screening Criteria specified in the applicable I/O. Qualification is determined as follows:
(a) Form Submissions: The information the person voluntarily provides on Company's intake form determines qualification. If the submitted information meets the Screening Criteria, the lead is qualified.
(b) Inbound Calls: If the persons initial engagement is through an inbound phone call, the person must meet the same Screening Criteria as form submissions. Disqualifiers for inbound calls apply only where Company asked the prospect that specific question on the initial intake call, and the caller responded with an answer that does not meet the criteria. To qualify for a credit or replacement, the initial intake call MUST be recorded by Company, and the disqualifying question MUST have been asked during that initial dcall.
In both cases, the person must have affirmatively and voluntarily requested contact from a lawyer regarding a potential legal matter and provided express consent to be contacted by Client.
Payment for a Qualified Lead is earned upon delivery to Client and is not contingent upon whether Client contacts, is retained by, or obtains any outcome for the person.
Services are strictly limited to marketing and advertising. Company's screening is limited to questions from a Client-approved script to determine if an individual meets the Screening Criteria. Company is expressly prohibited from offering legal advice, evaluating legal merits, making guarantees about case outcomes, or pressuring any individual to retain Client.
A lead qualifies for replacement if it demonstrably fails to meet the Screening Criteria specified in the I/O. Replacement-eligible defects include:
Disconnected or invalid phone number (verified by Company through carrier lookup);
Lead asserted in the form or intake call that they do not meet the Screening Criteria specified in the I/O (e.g., accident location, fault status, representation status, recency, or other criteria);
Lead asserts they were incentivized to provide false information; or
Duplicate lead (same person previously delivered to Client within 90 days).
The following do NOT qualify for replacement:
Lead does not answer or return calls (unless phone is invalid per Section 2.1);
Lead provides information upon being contacted by Client that conflicts with what they submitted on the form or stated during intake;
Lead declines to hire Client;
Case is declined by Client for business reasons;
Lead's injuries are deemed insufficient by Client; or
Lead fails to follow through with Client's intake process.
Client must submit replacement requests within the timeframe specified in the I/O. Requests must include the lead reference number and specific reason for replacement. Company will verify the defect and, if confirmed, provide a replacement lead. Each lead is eligible for one (1) replacement attempt only.
Unless otherwise specified in the I/O, total replacements are capped at the percentage specified. Leads beyond this cap are deemed accepted.
Client shall pay Company a fixed Performance Fee per Qualified Lead as specified in the I/O. This fee represents the fair market value of marketing services rendered to generate such lead. All fees are non-refundable except as provided in Section 2 (replacements only, not refunds).
Client shall prepay for leads as specified in the I/O. Leads are deducted from Client's prepaid balance upon delivery. Company will notify Client when the balance is running low. Company has no obligation to deliver leads when the prepaid balance is exhausted.
Each I/O specifies its own term. This Agreement remains in effect as long as any I/O is active.
Either party may terminate an I/O with 30 days written notice. Any remaining prepaid balance (less leads already delivered) will be refunded within 30 days of termination.
Either party may terminate immediately upon material breach by the other party if such breach is not cured within 10 days of written notice.
Client shall maintain compliance with all applicable rules of professional conduct and provide competent legal representation to any clients retained.
(a) Company shall provide Client with access to all advertising materials (including ad copy, landing pages, scripts, and creative assets) prior to publication.
(b) Client shall have five (5) business days from receipt of access to review and disapprove any materials that do not comply with applicable rules of professional conduct or Client's specifications. Client shall provide specific written objections for any disapproved materials.
(c) Materials not disapproved within the review period shall be deemed approved. Company may publish approved materials without further consent.
(d) Client remains solely responsible for determining whether advertising materials comply with the rules of professional conduct applicable to Client's jurisdiction(s). Company is not responsible for compliance determinations that are the professional responsibility of Client.
(e) Company shall not be deemed in breach, and shall have no liability, with respect to advertising materials that Client approved or failed to disapprove within the review period.
(a) Client is solely responsible for ensuring all advertising materials comply with the rules of professional conduct and advertising regulations applicable in Client's jurisdiction(s), including but not limited to California Business and Professions Code §§ 6157-6158 (SB37) where applicable.
(b) Company shall include Client's name (or firm name) on all landing pages and lead intake forms. Client shall provide this information prior to campaign launch.
(c) Company is providing marketing and advertising services and does not operate as a lawyer referral service.
Company recommends that Client contact delivered leads promptly to maximize conversion. However, Client retains sole discretion over how and whether to contact any lead.
Client retains sole and absolute discretion regarding: (a) whether to contact any lead; (b) whether to accept any individual as a client; and (c) all aspects of any legal representation.
Company shall have no role, right, or influence in Client's exercise of professional judgment. Company will not inquire into case status or outcomes except to verify lead validity.
Each party shall hold the other's Confidential Information in trust, using at least reasonable care, and use such information only as necessary to perform under this Agreement. Confidential Information excludes information that is publicly available, independently developed, or rightfully obtained from third parties.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID TO COMPANY BY CLIENT IN THE SIX (6) MONTHS PRECEDING THE CLAIM.
Client shall indemnify Company against any claims arising from: (a) Client's breach of this Agreement; (b) Client's negligent or willful misconduct; or (c) any claim arising from Client's legal services or failure to provide legal services.
This Agreement shall be governed by the laws of the state specified in the I/O. Disputes shall be resolved through binding arbitration in the county specified in the I/O.
Company is an independent contractor, not an employee or agent of Client.
This Agreement does not preclude Company from providing services to other law firms or entities.
This Agreement and all I/Os constitute the complete agreement between the parties and supersede all prior communications.
This Agreement may only be amended in writing signed by both parties. Updated versions posted to Company's website apply to new I/Os only.
— END OF MASTER SERVICES AGREEMENT —
This MSA is referenced by all CasesDaily Insertion Orders.
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