Terms of Service

1. Agreement to these terms, and who they cover

These terms are a binding agreement between you and Pay Per Merchant LLC, doing business as PayPerMerchant (the Company, we, us, our). They govern your use of paypermerchant.io and any page we operate on it. By using this site you agree to them. If you do not agree, do not use the site. You must be at least 18 and able to enter a contract.

The reader these terms are written for is a buyer: an established business brokerage looking at the lead service. Merchants who submit a funding application do so on separate properties, and the terms and the consent disclosure on the property where they applied govern that submission, not this page.

Our Privacy Policy is part of these terms and is incorporated by reference.

2. What we are, and what we are not

Read this section carefully. It describes the business model.

• We are a lead generation company. We run advertising, we collect merchant funding applications on our own properties, and we sell those applications.
• PayPerMerchant is a lead generation company, not a lender, funder, broker or ISO, and it does not originate, underwrite or fund financing. We make no credit decision of any kind.
• We are compensated per lead. A buyer pays us $60 for a lead. Our fee does not depend on whether the merchant is approved, funded, or ever answers the phone, and it never comes from the merchant.
• Nothing on this site is financial, legal or tax advice, and nothing on it is an offer of credit.
• We do not guarantee an outcome. See section 4.

3. The published terms of the offer

These are the terms as published. They are the terms we will honor for a first order, and they are stated here so that a buyer does not have to ask for a rate card.

$60 a lead. Flat at every volume. No setup fee, no retainer, no monthly commitment.

4. What we do not promise

We sell leads, not funded deals. Contact rate, close rate, average advance size and funded volume depend on your criteria, the states you write in, how fast you call, and your sales process. None of those are ours to control and none of them are promised here.

Our commitments are narrow, and they are the whole list: exclusivity, qualification before release, a consent record, and live delivery. Anything outside that list is not a commitment we have made, whatever it may sound like elsewhere.

5. The ordering agreement controls paid delivery

Before paid delivery begins you sign a separate ordering agreement. It sets the delivery method, the volume, the states and filters, the invoicing and payment terms, the suppression and do not call arrangements, and the representations each side makes about consent and about telemarketing law. Where the ordering agreement and this page differ, the ordering agreement controls for anything to do with a paid order.

This page is not itself an offer to sell, and nothing on it creates an order.

6. How you may use the leads we deliver

• Use the record only to evaluate and contact the merchant who submitted it, for the business financing they asked about.
• Do not resell, syndicate, re-broker or share a lead we delivered to you. One buyer per record is a term we sell to the merchant as well as to you.
• Comply with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, state telemarketing and calling-time rules, and every applicable do not call obligation, including the internal do not call list 47 CFR 64.1200(d) requires you to keep.
• Honor a revocation of consent within 10 business days by any reasonable method, as 47 CFR 64.1200(a)(10) requires, and pass any suppression request back to us.
• Do not use a lead for a purpose the merchant did not ask about, and do not route a business owner into a consumer credit product.

7. Acceptable use of this website

• Do not submit false or fraudulent information, or another person's information.
• Do not use an automated system to scrape, copy or overload the site, beyond a well-behaved search or assistant crawler reading published pages.
• Do not probe, disrupt or attempt to gain unauthorized access to the site or its infrastructure.
• Do not copy, republish or redistribute site content without written permission.
• Do not frame or mirror the site, or use our marks in metadata or hidden text.

We may suspend or end your access at any time, for any reason, without notice.

8. Intellectual property

The site and its content, including text, layout, data tables, graphics and code, belong to the Company or its licensors and are protected by United States copyright and trademark law. You get a limited, revocable, non-exclusive, non-transferable license to view the site for your own business purposes. Nothing else is granted.

PayPerMerchant and our marks are trademarks of the Company. References to third party tools or services on this site are not endorsements.

9. Privacy, and the sale of personal information

What we collect, what we sell and how to stop it is set out in the Privacy Policy. Selling a lead is a sale of personal information under the California Consumer Privacy Act and the analogous state statutes, and we say so there rather than calling it sharing. If you want to opt out of the sale of your own information, use the Do Not Sell or Share My Personal Information page, or send an opt out request by email or post, as that page explains.

10. Disclaimers

The site and its content are provided as is and as available, without warranty of any kind, express or implied. To the maximum extent permitted by law we disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the site will be uninterrupted, secure or error free, or that any defect will be corrected.

We make no representation or warranty about any outcome from a lead, including contact rate, close rate, approval, advance size or funded volume.

This site is not part of, endorsed by or affiliated with any advertising platform on which we may advertise.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

11. Limitation of liability

To the maximum extent permitted by law, the Company and its officers, members, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to the site or these terms, whether in contract, tort, strict liability or otherwise, even if we were advised that such damages were possible.

Our total aggregate liability for all claims arising out of or relating to the site or these terms will not exceed the amounts you paid us in the three months before the claim arose, or one hundred United States dollars, whichever is greater.

Liability for a paid order is governed by the ordering agreement, not by this page.

Nothing in these terms limits or excludes liability for fraud, for willful injury to the person or property of another, for violation of law whether willful or negligent, or for anything else that cannot lawfully be limited. Some jurisdictions do not allow these limitations, so parts of this section may not apply to you.

12. Indemnification

You agree to indemnify, defend and hold harmless the Company and its officers, members, employees and agents from any claim, liability, damage, loss or expense, including reasonable legal fees, arising out of or relating to your use of the site, your breach of these terms, your violation of any law or third party right, or your contact with any merchant whose record we delivered to you.

13. Disputes

Talk to us first. If something goes wrong, send written notice describing the dispute and the relief you want to the address in section 15. We will try in good faith to resolve it before either side files anything. This is not a precondition to suing, it is how most disagreements actually get fixed.

Where a dispute is decided. These terms contain no arbitration agreement and no class action waiver. Any dispute is decided by the courts identified in section 14.

Small claims and injunctions. Either side may bring an individual claim in small claims court, and either side may ask a court for an injunction to protect intellectual property, without first following the notice step above.

Survival. This section survives termination of these terms.

14. Governing law

These terms are governed by the laws of the State of New Jersey, without regard to conflict of laws principles. The exclusive venue for any dispute is the state and federal courts located in New Jersey, and you consent to personal jurisdiction there.

Nothing in these terms waives or limits any right you have under the California Consumer Privacy Act or any other applicable state privacy or consumer protection law.

15. Changes, miscellaneous, and how to reach us

Changes. We may modify these terms. A revised version is posted here with a new effective date and version number. Changes are not retroactive and do not apply to a dispute that arose before the new effective date. A material change requires notice to you and does not bind you by the passage of time alone.

Miscellaneous. If a provision is unenforceable the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may, including in a merger or a sale of assets. These terms and the Privacy Policy are the entire agreement about your use of this site. We are not liable for a delay caused by events outside our reasonable control. Headings are for convenience only.

Contact. Pay Per Merchant LLC, doing business as PayPerMerchant. Place of business Brooklyn, NY.

Notice under section 13 is served at:
Pay Per Merchant LLC
633 Pierce Ave
Linden, NJ 07036
privacy@paypermerchant.io