Terms and Conditions

Effective Date: August 28th, 2025
Website: https://dealprospectors.com
Contact: support@dealprospectors.com

1. Agreement to Terms

By accessing or using Deal Prospectors’ services or website—including lead delivery, hosted deal pages, email-based deal access, or participation in any buyer program—you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (“Terms”). This constitutes a binding agreement between you and Raise Up Marketing, LLC (“Deal Prospectors”). If you do not agree, do not use our services.

2. Definitions

For the purposes of these Terms:

• “Buyer” refers to any individual or entity receiving deal information, engaging Deal Prospectors for search services, or otherwise seeking business acquisition opportunities.
  
• “Seller” refers to any individual or entity submitting a business for potential sale or consideration via Deal Prospectors.
  
• “Closing” is defined as the earliest occurrence of (a) execution of a binding purchase agreement, (b) transfer of any portion of the business, or (c) first payment toward the acquisition.
  
• “Transaction Value” includes all consideration paid or payable, including cash, notes, assumption of liabilities, earn-outs, or equity.
  
• “Introduction” refers to the first time Deal Prospectors shares seller or deal information with a buyer via email or digital platform.
  
• “Success Fee Window” means the period beginning on the date of the initial Introduction and continuing for five (5) years thereafter. If a Closing occurs during the Success Fee Window, Buyer remains obligated to pay the Success Fee.
  

3. Entity & Services Overview

Deal Prospectors is operated by Raise Up Marketing, LLC, based in Pennsylvania. We facilitate confidential introductions between sellers and buyers of small-to-mid-sized businesses. We are not brokers, M&A advisors, or real estate agents.

4. Partner Listings

Deal Prospectors’ deal listings may also be featured by a Partner through newsletters or related distribution channels.

5. Buyer Terms (Success Fees)

Success Fee Obligation

• A success fee is due to Deal Prospectors upon Closing of any transaction involving a deal or seller introduced through our services, regardless of how the purchase is financed.
  
• For purposes of these Terms, Closing is defined as the earliest occurrence of:
  (a) execution of a binding purchase agreement,
  (b) transfer of any portion of the business, or
  (c) first payment toward the acquisition.
  
• The success fee is calculated on the Transaction Value, which includes all forms of consideration such as cash, notes, assumption of liabilities, earn-outs, or equity.
  

Fee Structure

• The success fee follows the Lehman Formula:
  
  • 5% on the first $1M of Transaction Value
    
  • 4% on the second $1M
    
  • 3% on the third $1M
    
  • 2% on the fourth $1M
    
  • 1% on all amounts above $4M
    

Timing of Payment

• Success fees are due immediately upon Closing, regardless of whether Deal Prospectors remains involved in the transaction after the introduction.
• Buyer agrees that the Success Fee shall be disclosed and incorporated into the final purchase or closing documentation whenever possible, including acknowledgment of Deal Prospectors’ role as introducing party.
• If Buyer’s acquisition is financed through an SBA loan, the Success Fee may be paid at Closing from transaction proceeds, subject to lender approval.
  

Survival of Obligation

• If a buyer completes a Closing with a seller introduced by Deal Prospectors within five (5) years of the initial introduction, the success fee remains due.
  

Retainers & Subscriptions

• Retainer payments or subscription fees (if applicable) are non-refundable once services have commenced.
  
• Subscriptions renew automatically until canceled in writing with at least five (5) days’ notice before the next billing date.
  
• If Buyer has paid a monthly retainer for Deal Prospectors’ search or sourcing services, such fees (excluding any non-refundable onboarding charges, if applicable) shall be credited against the Success Fee due at Closing.

5a. Notice of Closing

Buyer agrees to notify Deal Prospectors in writing at support@dealprospectors.com within thirty (30) days of any Closing involving a Seller or business introduced through Deal Prospectors. Such notice must include reasonable documentation of the Closing (such as an executed purchase agreement, letter of intent, or proof of payment). Failure to provide notice does not eliminate the Buyer’s obligation to pay the applicable success fee.

5a. Verification Rights

For a period of five (5) years following any Introduction, Deal Prospectors may request written confirmation from Buyer or Seller regarding whether a Closing has occurred. Buyer agrees to provide such confirmation within ten (10) business days of request. In cases of dispute, Deal Prospectors may, at its sole cost, engage an independent accountant or auditor under confidentiality to verify whether a Closing occurred. All information reviewed in connection with such verification shall remain strictly confidential.

6. Non-Circumvention

Buyers may not circumvent Deal Prospectors by engaging a seller introduced through our services without paying the required success fee. Any attempt to bypass these Terms will not relieve the Buyer of their obligation to pay applicable fees.

7. Payment Terms & Collection Rights

• Late payments accrue interest at 1.5% per month (18% annually).
  
• Deal Prospectors reserves the right to recover all reasonable costs associated with collection, including legal and attorney fees.
  

8. Information Disclaimer & Due Diligence

Information about deals is provided by sellers and may include estimates or projections. While Deal Prospectors shares this information in good faith, it is presented as provided by the seller and may not reflect final, verified results. Buyers and sellers are responsible for conducting their own due diligence, evaluations, and negotiations to confirm accuracy and suitability before proceeding with any transaction.

9. Suspension & Termination

Deal Prospectors may suspend or terminate access to services at its sole discretion for any breach of these Terms, non-payment, or suspected misuse. Upon termination, all access to listings and leads will cease, and Deal Prospectors may delete associated user data.

10. Account & Communication

• Currently, all services operate via email and digital distribution. Buyer activity (including clicks, opens, and interactions) may be tracked to create a digital record.
  
• User accounts may be introduced in the future.
  
• All legal notices shall be delivered via email to the contact information provided. Communications will be deemed effective upon dispatch from support@dealprospectors.com.
  

11. Data & Privacy

• Seller data is hosted securely and shared only for the purposes of facilitating introductions.
  
• Seller identities may be anonymized until shared with buyers.
  
• We do not sell personal data. Users may request deletion at any time.
  
• Please review our full Privacy Policy here: https://dealprospectors.com/privacy-policy/.
  

12. Confidentiality & Prohibited Conduct

• Buyers must treat deal information as confidential and may not share, republish, quote, or distribute it without prior consent.
  
• Sellers consent to use of deal information for marketing and outreach.
  
• Users may not reverse engineer, spam, or misuse the platform.
  

13. No Broker or Advisory Role

Deal Prospectors is not a loan broker or financing intermediary and does not provide loan packaging, underwriting, or financing advisory services. Deal Prospectors’ role is limited to sourcing and facilitating introductions between Buyers and Sellers. For securities law purposes only, Deal Prospectors may operate under the M&A Broker Exemption (SEC Rule 15b9–1) when applicable, which does not include or imply participation in loan placement or financing activities.

14. SBA Financing Disclaimer

For transactions financed through an SBA 7(a) loan, Buyer acknowledges that Deal Prospectors may be classified as an Agent or Consultant to the Buyer for purposes of SBA Form 159. This classification is limited to sourcing, matchmaking, and advisory services related to the business acquisition process and does not include loan packaging, underwriting assistance, or any service related to the preparation or submission of SBA loan documents.

If required by the Lender, Deal Prospectors’ compensation may be expressed or documented as consulting services to the Buyer, including on an equivalent hourly-rate basis, solely for the purposes of lender compliance and SBA Form 159 reporting. Nothing in this Agreement shall be construed as Deal Prospectors acting as a loan broker, loan packager, financial intermediary for SBA underwriting, or provider of financing assistance to the Applicant. Accordingly, the SBA’s loan-packaging compensation cap does not apply to the Success Fee.

15. No Agency Relationships

Deal Prospectors operates solely as an independent platform facilitating introductions between Buyers and Sellers.

No partnership, joint venture, agency, fiduciary, or employment relationship is created between Deal Prospectors and any Buyer, Seller, lender, or third party.

Deal Prospectors does not represent any party in negotiations, due diligence, financing, or legal documentation.

16. Indemnity

Users agree to indemnify Deal Prospectors and its affiliates from claims resulting from breach of these Terms or misuse of the platform.

17. Limitation of Liability

Deal Prospectors’ liability is limited. We are not liable for indirect, incidental, or consequential damages, including lost profits, lost opportunities, or business interruption, arising from use of our services.

18. Intellectual Property

All content on Deal Prospectors’ platform, including listings, emails, designs, software, and branding, is the intellectual property of Raise Up Marketing, LLC. You may not copy, reproduce, quote, link to, or distribute this content without express written permission.

19. Arbitration & Waiver of Class Action

All disputes will be resolved by binding arbitration in the Commonwealth of Pennsylvania, under the rules of a mutually agreed arbitration provider.
These Terms shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles.
Users waive the right to trial by jury and class action participation.

20. Entire Agreement, Severability & Survival

These Terms constitute the entire agreement between the user and Deal Prospectors. If any provision is found unenforceable, the remainder shall remain in full force and effect.

The following provisions shall survive termination or expiration of these Terms: Buyer Terms (including success fee obligations), Payment Terms, Information Disclaimer & Due Diligence, Confidentiality, No Broker or Advisory Role, Indemnity, Limitation of Liability, Intellectual Property, Arbitration & Waiver of Class Action, and any other provisions which by their nature should reasonably survive.

21. Modifications

These Terms may be updated at any time. Continued use of our services indicates acceptance of any changes.