These Terms and Conditions, once accepted by all parties, constitute a binding contract (“Agreement”) between the attorney identified in Step 7 (“Attorney”) and Walker Advertising, LLC, hereinafter called “WA,” a California corporation.
1. WA is an advertising agency which has the right to advertise legal services using the registered trademarks Walker & Walker Attorney Network®, 1-800-THE-LAW2®, hereinafter referred to as “TL2” for the English-speaking community and Los Defensores®, hereinafter referred to as “LD” for the Spanish-speaking community, together called “the Service Marks,” which are commonly known as “trade names” and/or fictitious names.
2. By entering into this Agreement, Attorney is agreeing to jointly advertise with other attorneys under the Service Marks using the advertising services of WA and its affiliate advertising firms to produce and place commercials, online advertising, events, print, and outdoor advertising and handle media inquiries in response to the advertising of this Agreement.
3. During the term of this Agreement (which shall continue from acceptance until the delivery of any leads covered by this Agreement), WA agrees to provide marketing, research and/or advertising and promotional services in accordance with this Agreement. All advertising materials produced for use under this Agreement and all aspects thereof will be and remain the sole and exclusive property of WA. No compensation shall be paid to Attorney for the use of Attorney’s name in advertising. Attorney acknowledges that WA is an advertising and promotion service only and it does not make any representation, guarantee, or warranty of a particular number of leads. Any information based on past averages or past results of past advertising by WA are presented for the purposes of illustration only. Attorney understands and agrees that WA makes no warranty against claims, complaints, or objections to the contents or format of the advertising or the consequences thereof, whether by leads generated, or by the regulatory authorities and State Bars of the various states where advertisements are placed.
4. In consideration of the services to be provided to Attorney by WA pursuant to this Agreement, Attorney agrees to pay WA for the package of services and advertising in accordance with the terms set forth in this Agreement, which incorporates by this reference all information contained or entered into the system as part of the application process. Upon completion of a purchase, the credit card submitted to WA will be charged the stated price for the quantity of leads specified to be delivered. Attorney and any law firm named by Attorney hereby warrant and agree that the credit card provided contains and will continue to contain sufficient credit to pay for all leads covered by this Agreement. Should any charge be declined by the credit card company, Attorney and any named law firm agree to pay for the lead by way of a cashier’s check delivered within 48 hours of notice of the declination.
5. If Attorney elects to auto-renew, automatic purchases will be made using the payment method previously specified, unless and until auto-renew is cancelled. Automatic renewal purchases are triggered when the lead balance reaches the specified threshold for renewal (1 lead left). To cancel auto-renewal, log in to the WalkerLink™ lead management portal and turn off auto-renew for your package before the low-lead threshold is reached.
6. WA grants to Attorney a non-transferable, non-exclusive License to use the Service Marks and other intellectual property owned by WA solely in connection with Attorney's advertising of services under a joint advertising arrangement with other attorneys, exclusively using the advertising and marketing services of WA, subject to the terms and conditions contained in this Agreement. Attorney acquires no right to utilize the Service Marks in any advertising not prepared and distributed by WA without the express written consent of WA.
7. Attorney warrants that Attorney is, and will remain at all times during the term of this Agreement, a law firm or an Attorney licensed to practice law in the applicable jurisdiction, and in good standing with the State Bar, and that Attorney is not subject to any disciplinary action by the State Bar. Attorney provides and shall continue to provide legal services to its clients in accordance with all applicable provisions of the Rules of Professional Conduct in the applicable jurisdiction. All costs or expenses paid or to be paid by Attorney under this Agreement are being paid directly by Attorney, for the purpose of joint advertising, and not by any other party or for any other purpose, whether directly or indirectly.
8. Attorney warrants that Attorney will maintain, at all times that this Agreement is in effect, Professional Liability Insurance, including contractually assumed liability coverage, with minimum limits of $100,000 per occurrence and $300,000 aggregate. WA may, but shall not be required to, demand satisfactory proof thereof.
9. Attorney shall indemnify and hold Walker Advertising, LLC, Los Defensores, LLC, and Legal Rights Defenders, [DBA 1-800-THE-LAW2®, DBA Walker & Walker Attorney Network®] and all their agents, subcontractors, call center services, servants, officers, directors, employees, shareholders, and affiliates, free and harmless from and against all liabilities, claims, loss, damages, cost, and expense, including but not limited to attorneys’ fees and the costs of litigation, arising out of or relating to: a) any service provided or performed by, or to be provided or performed by, Attorney, its agents or employees, including claims by any client, any person whose claims have arisen or are asserted to arise through any client of Attorney or by persons who otherwise allege claims of professional negligence against Attorney or otherwise claim damage or injury against Attorney, whether or not such claims have any merit; b) any misstatement or omission by Attorney or in any material furnished by Attorney under this Agreement or in connection with services of Attorney; and c) any breach of any agreement, warranty, or obligation under this Agreement.
10. This Agreement shall be governed by and interpreted under the laws of the State of California, without regard to its conflicts of law principles.
11. The electronic submission of this Agreement constitutes an offer by Attorney, but does not constitute a binding agreement. This Agreement shall become effective and binding on WA only after WA agrees in writing to the terms hereof. Attorney understands that additional information may be requested by WA as part of the acceptance process. Upon written acceptance of the agreement by WA in an email to the address specified by Attorney, this Agreement shall be binding on all parties.
12. The advertising covered by this Agreement is available for review by Attorney. WA is an advertising service only, and Attorney is solely responsible for determining the legality of the advertising in question in the jurisdiction of Attorney’s choice.