LEAD ACQUISITION APPENDIX
Agent/Agency shall comply, and will ensure that all Sub-Agents and all vendors engaged with respect to the acquisition of curated contact information by either Agent/Agency or Sub-Agent (a “Lead Vendor”) complies, with the following in connection with the acquisition of any such curated contact information (a “Lead”):
1. There is full compliance with all applicable law, including, without limitation, all state laws, the Telephone Consumer Protection Act of 1991 (“TCPA”), the Telemarketing Sales Rule (“TSR”), and the California Consumer Privacy Act (the “CCPA”), to the extent these laws are applicable. Lead Vendor shall also obtain consent obtained from the consumer that is adequate to constitute a “prior express written consent” under the TCPA and adequate consent under all state laws, including the CCPA, for the subject to be contacted by Agent/Agency or any of its Sub-Agents.
2. Agent/Agency and Sub-Agents shall not contact any individuals via the following methods: any autodialer (including any dialer that dials more than one number at once) or ringless voicemail.
3. Agent/Agency and Sub-Agents may employ the following outbound communications methods in accordance with applicable state and federal laws, with an appropriate consent on file: text messaging, manual calls, pre-recorded messages.
4. Agent/Agency and Sub-Agents shall maintain an effective process by which individuals who request to opt out of communications, are not contacted in the future.
5. Agent/Agency and Sub-Agents may not employ any deceptive practices when contacting prospective customers or agents.
6. Agent/Agency must promptly be notified by the Lead Vendor if the Lead Vendor receives a request to opt- out of future communications from any person whose information was provided as a Lead.
7. Agent/Agency shall ensure that when generating any Lead:
a. No services were provided nor was any subcontractor used that was located outside of the United States;
b. No person was either:
i. contacted by phone, text, or fax if the number was listed on the National Do-Not-
Call Registry or any applicable state do-not-call registry; or
ii. contacted unless express prior written consent has been obtained and that all information about the individual, including any meta data related collection of the information such as IP address, directly correlates to all of the contact information provided.
c. There was no misrepresentation of the purpose for which the contact information was collected or the party from which the request was sent, including the misleading or deceptive use of third-party information such as financial institution names;
d. There was full compliance the terms of service of any website or social media platform used to generate the Lead;
e. The Lead Vendor did not contact, generate, or use contact information or any other materials in any way that is not compliant with any federal or state law including, without limitation, TCPA, TSR, and CCPA; or
f. The Lead Vendor is required to immediately disclose to Agent/Agency or any Sub-Agent, as applicable that Lead Vendor sold or intends to sell any Lead to another person.
8. To the extent that any of Lead is generated by telephonic communication, Agent/Agency shall ensure there is a record of such communication, such recording is retained as required by state and applicable law and provide access to any such recordings for audit and regulatory compliance purposes.
9. There is no use of any trademark, trade name or corporate business name of Company or any of its affiliates without Company’s express prior written consent.
10. Ensure all information initially submitted by a consumer, if any, matches the information otherwise obtained in any communication with the consumer.
11. Ensure the Lead is not a known TCPA litigant.
12. At the time of delivery of a Lead, require documentation evidencing that such Lead was acquired in compliance with these terms as well as provide the actual creative, permission contact, relevant IP addresses and any other “call to action” that resulted in capturing the Lead as well as the Jornaya Lead ID and/or Active Prospect Trusted Form Cert, or a similar industry accepted proof of consent to allow the retrieval of independent third-party verification of the consumer consent for such Lead.
13. Require all Lead Vendors to indemnify and hold Company, its affiliates and all Carriers harmless against any allegation brought by a third party arising out of or caused by any violation of these terms or any applicable law and permit Company to defend any such claim, at Lead Vendor’s sole expense, with counsel of its choosing.
Upon Company’s reasonable request, Agent/Agency shall provide a copy of any agreement it has with a Lead Vendor to confirm Agent/Agency’s compliance with this Appendix.