Common use of Contacts, Leads, and Guidance Clause in Contracts

Contacts, Leads, and Guidance. Part of the value of advertising on Xxxx is that there are numerous ways a Consumer may come into contact with an Advertisers through Xxxx. (“Contacts”). For example, a Consumer may call or send a message to an Advertiser after finding the Advertiser’s profile on the Xxxx Directory. Additionally, when Consumers submit requests for home improvement services through Xxxx or its affiliates, Advertisers may receive the contact information and information about the requested services in the form of leads (“Leads”). Leads are another form of Contacts. Advertisers will not be charged per Lead; rather, the price of each Lead is included in the Advertising Fee. Contacts, including Leads, are not guaranteed jobs; Advertisers are competing with other companies for the consumers’ business. Xxxx encourages all Advertisers to maintain a high rating, maintain a robust Xxxx profile, reach out to consumers promptly, and always conduct themselves with the utmost professionalism in order to help increase the chances of being hired by consumers. During the sales onboarding process, Advertisers may receive guidance about the number of Contacts they may receive during the first ninety (90) days of their advertising relationship with Xxxx (“Guidance”). Guidance is an estimate only and is not guaranteed. Xxxx calculates Guidance based on the past performance of other service professionals that advertise in similar areas, have similar ratings, and have a similar number of reviews. Contact volume is based on a number of factors, including without limitation ratings, review count, response time, and how well Service Professionals actively build and maintain their reputations. Contact volume can be impacted by factors outside of Angi’s, or even the Advertisers’, control, including without limitation, seasonality and home improvement market trends. Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not be considered a breach of this Agreement on the part of Xxxx. Further, Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not provide an exemption for payment of the Advertising Fee or, in the event Service Professional terminates the Agreement, exemption for payment of the Early Termination Fee (set forth under Section 12).