LEAD GENERATION AGREEMENT
AGENT EMPOWERMENT
LEAD GENERATION AGREEMENT:
1. Introduction This Agreement outlines the terms under which LeadStrive LLC, doing business as AgentEmp, provides lead generation services. LeadStrive LLC and Pumpkindeal LLC may handle invoicing and payment processing for these transactions.
2. Service Description LeadStrive LLC, DBA AgentEmp, specializes in generating and distributing targeted marketing leads to clients. LeadStrive LLC and Pumpkindeal LLC serve as the initial payment processors for these transactions.
3. Non-Disclosure Clients agree not to disclose any proprietary information related to LeadStrive LLC’s methodologies and strategies.
4. Lead Quality and Condition All leads are provided "as is" with no guarantees regarding their completeness, accuracy, or usability. Clients accept all inherent risks associated with the leads.
5. Invoicing, Payments, and Financial Terms LeadStrive LLC and Pumpkindeal LLC handle invoicing and payment processing through Stripe. Applicable taxes are added to invoices. No refunds, chargebacks, or credits will be issued once leads are delivered. All sales are final. Clients can alter their consent regarding lead specifics at any time, but changes will not affect completed transactions.
6. Liability and Risk Allocation LeadStrive LLC, DBA AgentEmp, is responsible for the quality and delivery of leads. Neither LeadStrive LLC nor Pumpkindeal LLC will be liable for any claims, damages, or losses resulting from the use of leads by clients, including issues related to agent licensing, legal actions from carriers or companies, or lawsuits by leads or related parties.
7. Data Management and Security Clients are solely responsible for all data management post-delivery, which includes safeguarding against data breaches and complying with all relevant data protection laws, including HIPAA. LeadStrive LLC conducts quality checks to ensure data reliability and securely hosts all data with proper consent obtained for data handling post-delivery. LeadStrive LLC and Pumpkindeal LLC disclaim any liability for incidents following data transfer to the client.
8. Regulatory Compliance Clients must comply with all applicable laws and regulations, including HIPAA and other relevant data protection laws. LeadStrive LLC ensures compliance with all applicable laws and regulations related to lead generation and data handling. LeadStrive LLC and Pumpkindeal LLC are not liable for any legal issues due to client non-compliance.
9. Advertising and Marketing LeadStrive LLC, DBA AgentEmp, uses various online marketing techniques to generate leads, which may include different angles such as health subsidies, insurance savings, and other related topics. Responsibility for plan selection and insurance matters rests solely with the client.
10. Transparency Clients receive transparent lead data for informed interactions and decision-making.
11. Force Majeure LeadStrive LLC, Pumpkindeal LLC, and AgentEmp are not responsible for delays caused by events beyond their control, such as natural disasters, government actions, or technological failures.
12. Dispute Resolution Disputes under this Agreement will be resolved through binding arbitration under the American Arbitration Association's rules. This minimizes litigation costs and streamlines the resolution process.
13. Non-Compete and Non-Copy The Client agrees not to engage in any activities that directly or indirectly compete with the lead generation services of LeadStrive LLC for a period of two (2) years following the termination of their relationship with the Company. The Client agrees not to duplicate, replicate, or otherwise copy any part of the Company's processes, including but not limited to: Lead generation methodologies Advertising techniques and strategies Survey structures and content API integrations User interface designs, including color schemes and layouts Any proprietary technology or processes used by the Company The Client acknowledges that all information provided by the Company, including but not limited to leads, methodologies, strategies, surveys, and APIs, is proprietary and confidential. The Client agrees to maintain the confidentiality of such information and not to disclose it to any third party without the prior written consent of the Company. Any breach of this Agreement will cause significant harm to the Company. The Company, along with Pumpkindeal LLC, reserves the right to take legal action, including but not limited to seeking injunctive relief and monetary damages, against the Client for any breach of this Agreement. Both LeadStrive LLC and Pumpkindeal LLC have the right to sue the Client in case of any violations.
14. Intellectual Property All tools, materials, and technologies used in providing lead generation services are the exclusive property of LeadStrive LLC and are protected under intellectual property laws. Unauthorized use or duplication is strictly prohibited.
15. Acknowledgment and Acceptance By signing this Agreement, clients acknowledge and agree to all terms herein, especially the limitations on liability and the "as is" nature of the provided leads. Clients can change their consent regarding terms at any time, but such changes will not affect already completed transactions.
16. Enhanced Consent Protocols Prior to any changes in plan enrollment or personal data usage, agents must obtain explicit written or digitally recorded verbal consent from clients. This consent must be verifiable and securely stored as part of the client’s record.
17. Audit and Reporting Agents must conduct regular audits of their activities to ensure compliance with this Agreement and all applicable laws. Any discrepancies, issues, or potential violations must be reported to LeadStrive LLC immediately to facilitate timely remediation.
18. Indemnification Agents agree to indemnify and hold LeadStrive LLC, Pumpkindeal LLC, and AgentEmp harmless against any liabilities, penalties, fines, or damages that may arise due to the agent’s non-compliance with legal obligations or due to any breaches of data security. This indemnification includes covering all costs related to legal actions or settlements.
19. Transparency and Disclosure Agents are required to disclose all methods and sources used in lead generation activities upfront. All promotional and operational materials must clearly and accurately describe the services being provided to ensure transparency and maintain trust with clients.
20. Lead Consent and Data Handling Clause Each lead provided by LeadStrive LLC is obtained through explicit consent, including IP address and timestamp, ensuring compliance with data protection regulations. LeadStrive LLC maintains detailed records of all lead consents and interactions, securely stored and not shared or deleted without proper authorization.
21. Advertising Transparency Clause All advertisements and marketing materials used by LeadStrive LLC may include various angles. The company ensures that no misleading information is presented in its ads. The company is not liable for changes in advertising angles and methods used to generate leads.
22. Indemnification and Liability Clause Clients agree to indemnify and hold harmless LeadStrive LLC, Pumpkindeal LLC, and AgentEmp against any liabilities, penalties, fines, or damages arising from non-compliance with legal obligations or fraudulent activities. This includes covering all costs related to legal actions or settlements.
23. Payment Processing Clarification LeadStrive LLC and Pumpkindeal LLC act solely as payment processors through Stripe for transactions related to LeadStrive LLC services. They assume no liability beyond the processing of payments and are not responsible for the quality, accuracy, or usability of the leads provided.
24. Fraud Prevention and Compliance Clients agree that any fraudulent activity, including the submission of false leads or data manipulation, is strictly prohibited and will result in immediate termination of the Agreement and potential legal action. LeadStrive LLC conducts regular audits to detect and prevent fraud.
25. CRM Platform Data Security LeadStrive LLC uses a major CRM platform to manage data and generate leads. Clients are responsible for maintaining the security of their accounts on this platform, including changing passwords regularly and ensuring that two-factor authentication (2FA) is enabled. LeadStrive LLC is not responsible for any data breaches that occur on the main CRM platform. Clients are fully responsible for any users they add to their platform and the actions those users take.
26. Liability for Identity Theft and Insurance Fraud Any complaints, cases, or incidents related to identity theft, insurance fraud, or other illegal activities arising from the use of leads are the sole responsibility of the agents. LeadStrive LLC, Pumpkindeal LLC, and AgentEmp are not responsible for any such activities or the resulting legal or financial consequences.
27. Changes to Terms and Conditions LeadStrive LLC reserves the right to change the terms and conditions of this Agreement at any time. Clients are responsible for staying informed about any changes. Continued use of services after changes constitutes acceptance of the revised terms.
28. Account Inactivity and Data Retention Inactivity Policy: If a client's account remains inactive for more than 90 consecutive days, LeadStrive LLC reserves the right to take necessary actions to ensure data security and compliance. Inactive accounts are those that do not engage in any transactions, lead purchases, or active communications for the specified period. Notification: Clients will receive a notification 30 days before their account is considered inactive. This notification will provide options to either renew their subscription, engage in a transaction, or confirm their intention to keep the account active. Data Handling: Upon reaching 90 days of inactivity, LeadStrive LLC will securely archive the client's data. Clients can request their data to be sent to them or choose to subscribe to keep their account active. Archived data will be securely stored and not accessible until the account is reactivated. Reactivation: To reactivate an inactive account, clients must either renew their subscription or engage in a new transaction with LeadStrive LLC. Reactivated accounts will regain full access to their previously archived data. Data Security: LeadStrive LLC is committed to maintaining the highest standards of data security. Archived data will be stored securely, and all actions related to data handling will comply with relevant data protection regulations. Termination of Account: If the client chooses not to reactivate their account within 180 days of inactivity, LeadStrive LLC reserves the right to permanently delete the archived data. Clients will receive a final notification 30 days before any permanent data deletion finish or something feels cut ChatGPT Termination of Account: If the client chooses not to reactivate their account within 180 days of inactivity, LeadStrive LLC reserves the right to permanently delete the archived data. Clients will receive a final notification 30 days before any permanent data deletion.
29. Conversion Disclaimer LeadStrive LLC is not responsible or liable for any conversion rates of the provided leads. Clients acknowledge and accept that conversion success depends on numerous factors beyond the company's control.
30. Proprietary Information and Business Secrets LeadStrive LLC reserves the right not to disclose proprietary information, business secrets, or advertising methods. Clients are not entitled to request such information. In cases of compliance, agents may pull the IP address of leads (note: IP addresses may sometimes mismatch). By paying our invoices, you agree to the terms and conditions outlined in this Lead Generation Agreement.
31. Governing Law This Agreement is governed by the laws of the State of Texas, USA. Any legal actions or proceedings arising under this Agreement will be brought exclusively in the state or federal courts located in Texas.
32. Entire Agreement This document, along with previous agreements, constitutes the complete agreement on this subject between the Client, LeadStrive LLC, and Pumpkindeal LLC. No other agreements, representations, or warranties, whether oral or written, will be recognized or enforceable.
33. Signature By signing this Agreement, the Client agrees to all terms and conditions stated herein. This includes acknowledgment of the non-compete clause, non-copying of processes, and the understanding that all transactions are final with no refunds or chargebacks permitted. Non-Compete and Non-Copy Agreement By using our services, you agree not to engage in any activities that directly or indirectly compete with the lead generation services of LeadStrive LLC for a period of two (2) years following the termination of your relationship with the Company. You also agree not to duplicate, replicate, or otherwise copy any part of our processes, including but not limited to: Lead generation methodologies Advertising techniques and strategies Survey structures and content API integrations User interface designs, including color schemes and layouts Any proprietary technology or processes used by the Company Any breach of this Agreement will cause significant harm to the Company. LeadStrive LLC and Pumpkindeal LLC reserve the right to take legal action, including but not limited to seeking injunctive relief and monetary damages, against you for any breach of this Agreement. Both LeadStrive LLC and Pumpkindeal LLC have the right to sue you in case of any violations.
This Non-Refund and No Chargeback Agreement ("Agreement")
1. Introduction By proceeding, you acknowledge that this Agreement outlines the terms and conditions under which LeadStrive LLC provides lead generation services, with Pumpkindeal Advertising LLC handling invoicing and payment processing. By paying invoices or signing onboarding forms or surveys, you are bound by the terms of this Agreement.
2. Service Description LeadStrive LLC specializes in generating and distributing targeted marketing leads. Pumpkindeal Advertising LLC serves as the exclusive payment processor for these transactions.
3. Non-Disclosure By accepting, you agree not to disclose any proprietary information related to LeadStrive LLC’s methodologies, strategies, or technology. The confidentiality obligation continues after the agreement ends.
4. Lead Quality and Condition All leads are provided "as is," with no guarantees regarding completeness, accuracy, or usability. You accept all risks associated with the leads provided.
5. Invoicing, Payments, and Financial Terms Payments are processed by Pumpkindeal Advertising LLC through Stripe. Applicable taxes will be added to invoices. No refunds, chargebacks, or credits will be issued once leads are delivered. All sales are final. Any changes to lead specifics will not affect completed transactions.
6. Liability and Risk Allocation LeadStrive LLC is solely responsible for the quality and delivery of leads. Neither LeadStrive LLC nor Pumpkindeal Advertising LLC will be liable for claims, damages, or losses resulting from the use of leads, including issues related to agent licensing, legal actions from carriers, or lawsuits from leads or related parties.
7. Data Management and Security The Agent is solely responsible for managing and protecting data after delivery. LeadStrive LLC conducts quality checks to ensure the accuracy of data and ensures compliance with data protection laws.
8. Regulatory Compliance You agree to comply with all applicable laws and regulations, including HIPAA and other relevant data protection laws. LeadStrive LLC ensures compliance with regulations related to lead generation and data handling.
9. Advertising and Marketing LeadStrive LLC uses various online marketing techniques to generate leads, which may include advertising health subsidies, insurance savings, and related topics. You are solely responsible for plan selection and insurance-related matters.
10. Transparency You will receive transparent lead data to ensure informed decision-making.
12. Dispute Resolution Disputes under this Agreement will be resolved through binding arbitration under the American Arbitration Association's rules to minimize litigation costs.
13. Non-Compete and Non-Copy You agree not to engage in activities that directly or indirectly compete with LeadStrive LLC for a period of ten (10) years after the termination of the business relationship. You also agree not to duplicate, replicate, or otherwise copy any part of the company's processes or intellectual property, including lead generation methodologies, advertising techniques, technology, and other proprietary materials. This restriction applies for ten (10) years after the end of your relationship with LeadStrive LLC, and it covers both direct and indirect competition. You acknowledge that all information, including leads, methodologies, strategies, surveys, APIs, and proprietary technologies, is confidential and proprietary to LeadStrive LLC. Any breach of this provision will cause significant harm to the Company, and LeadStrive LLC reserves the right to take legal action, including seeking injunctive relief and monetary damages.
14. Intellectual Property All tools, materials, and technologies used in providing lead generation services are the exclusive property of LeadStrive LLC and are protected under intellectual property laws. Unauthorized use or duplication is prohibited.
15. Acknowledgment and Acceptance By clicking “Accept” below, you acknowledge that you have read and understood all terms of this agreement, including the limitations of liability, non-refund policy, intellectual property rights, and the 10-year non-compete clause.
16. Enhanced Consent Protocols Prior to any changes in plan enrollment or personal data usage, agents must obtain explicit written or digitally recorded verbal consent from clients.
17. Audit and Reporting You agree to conduct regular audits of your activities to ensure compliance with this Agreement and all applicable laws.
18. Indemnification You agree to indemnify and hold LeadStrive LLC, Pumpkindeal LLC, and AgentEmp harmless against any liabilities, fines, penalties, or damages arising from your non-compliance or data security breaches.
19. Lead Consent and Data Handling Each lead provided by LeadStrive LLC is obtained through explicit consent, including an IP address and timestamp, ensuring compliance with data protection regulations.
20. Payment Processing Clarification LeadStrive LLC and Pumpkindeal LLC act solely as payment processors for transactions related to lead generation services, and are not responsible for the quality, accuracy, or usability of the leads provided.
21. Fraud Prevention and Compliance Any fraudulent activity, including submitting false leads or data manipulation, will result in immediate termination of this agreement and potential legal action.
22. CRM Platform Data Security You are responsible for maintaining the security of your CRM account, ensuring regular password changes and enabling two-factor authentication (2FA). LeadStrive LLC is not responsible for any data breaches on your CRM platform.
23. Liability for Identity Theft and Insurance Fraud Any incidents related to identity theft, insurance fraud, or other illegal activities arising from the use of leads are your sole responsibility.
24. Changes to Terms and Conditions LeadStrive LLC reserves the right to change the terms of this Agreement at any time. Continued use of services after changes constitutes acceptance of the revised terms.
25. Account Inactivity and Data Retention If an account is inactive for more than 90 days, LeadStrive LLC reserves the right to archive the client’s data.
Reactivation will require renewing the subscription or engaging in a transaction. 26. Conversion Disclaimer LeadStrive LLC is not responsible for lead conversion rates. You acknowledge and accept that conversion success depends on various factors outside of the company’s control.
27. Proprietary Information and Business Secrets LeadStrive LLC reserves the right not to disclose proprietary information, business secrets, or advertising methods.
28. Governing Law This Agreement is governed by the laws of the State of Texas, USA. Any legal actions arising under this Agreement will be brought exclusively in Texas courts.
29. Entire Agreement This document constitutes the complete Agreement between you, LeadStrive LLC, and Pumpkindeal LLC regarding the services provided. No other agreements, written or oral, will be recognized.
30. 3x Chargeback Penalty Clause If you, the Agent, initiate a chargeback or dispute for any payment processed by Pumpkindeal Advertising LLC related to LeadStrive LLC’s services, you agree to pay three times (3x) the amount of the disputed charge as a penalty for any associated damages, fees, and administrative costs resulting from the chargeback or dispute. This penalty will be due immediately upon notice, and failure to pay may result in legal action.
Non-Compete and Non-Copy Agreement
1. Introduction This Non-Compete and Non-Copy Agreement (the "Agreement") is entered into between the undersigned client ("Client") and LeadStrive LLC ("Company") as of the date of the Client's signature below.
2. Non-Compete The Client agrees not to engage in any activities that directly or indirectly compete with the lead generation services of LeadStrive LLC for a period of two (2) years following the termination of their relationship with the Company.
3. Non-Copy The Client agrees not to duplicate, replicate, or otherwise copy any part of the Company's processes, including but not limited to: Lead generation methodologies Advertising techniques and strategies Survey structures and content API integrations User interface designs, including color schemes and layouts Any proprietary technology or processes used by the Company
4. Proprietary Information The Client acknowledges that all information provided by the Company, including but not limited to leads, methodologies, strategies, surveys, and APIs, is proprietary and confidential. The Client agrees to maintain the confidentiality of such information and not to disclose it to any third party without the prior written consent of the Company.
5. Legal Actions The Client acknowledges that any breach of this Agreement will cause significant harm to the Company. The Company, along with Pumpkindeal LLC, reserves the right to take legal action, including but not limited to seeking injunctive relief and monetary damages, against the Client for any breach of this Agreement. Both LeadStrive LLC and Pumpkindeal LLC have the right to sue the Client in case of any violations.
6. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA.
7. Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.
8. Acknowledgment and Acceptance By signing below, the Client acknowledges and agrees to all terms and conditions stated herein.
Routing, Quoting, Verification, and Third Party Portal Risk Acknowledgment
By signing below, the Agent acknowledges, understands, and agrees to all of the following:
1. Authorization of Digital Routing
The Agent expressly authorizes the Company to digitally route verified consumer session data, intake submissions, survey responses, consent logs, call back requests, form activity, and related lead information through the Agent’s designated marketing URLs, landing pages, CRM environments, portal workflows, third party systems, National Producer Number (NPN), and related account level identifiers as necessary for Company services.
The Agent understands and agrees that such routing may occur through the Company’s internal processes, technology stack, integrations, workflows, data handling methods, and proprietary systems, whether manual, assisted, asynchronous, or technology enabled. The Agent consents to this routing and acknowledges that the specific internal methodology used by the Company is proprietary and may change from time to time.
2. Independent Marketing Technology Provider
The Agent acknowledges that the Company acts as an independent marketing technology and lead generation provider. The Company may display or utilize public or commercially available data, including quoting data, plan data, subsidy estimation data, or informational plan matching tools, solely for informational, filtering, campaign, or matching purposes.
The Agent further understands that the Company is not an official enrollment processor, is not acting as the government, and is not representing that it is directly integrated through any official backend enrollment channel for actual application submission with CMS, FFM, HealthSherpa, or any insurance carrier.
3. No Affiliation or Endorsement
The Agent understands and agrees that the Company and its affiliates are not affiliated with, endorsed by, or acting on behalf of CMS, the Federally Facilitated Marketplace, HealthSherpa, or any insurance carrier unless expressly stated in a separate written agreement.
Any use of third party names, plan information, carrier names, or public quoting references is for informational and operational use only and does not create any representation of endorsement, appointment, approval, sponsorship, or formal backend integration.
4. Third Party Portal Risk
The Agent acknowledges that third party portals, websites, quoting systems, application environments, and enrollment systems, including but not limited to HealthSherpa, CMS, and carrier systems, have their own independent terms, conditions, rules, technical requirements, anti automation restrictions, compliance obligations, and security standards.
The Agent accepts full responsibility for ensuring that the Agent’s own use of any Company provided lead, routing, verification, quote support, data flow, URL structure, portal usage, or related activity complies with the Agent’s own obligations to third party platforms, carriers, and regulators.
The Company makes no warranty or guarantee that any specific routing method, intake structure, data delivery format, portal workflow, or technology process will satisfy the terms or preferences of any third party system.
5. Assumption of Operational and Compliance Risk
The Agent assumes full legal, operational, regulatory, financial, and business risk related to the Agent’s use of third party portals, quoting tools, enrollment tools, and carrier environments.
The Agent understands that third party platforms may review, flag, restrict, suspend, audit, terminate, or investigate accounts, activity, access patterns, NPN use, quoting activity, data entry methods, consumer records, or portal behavior for their own reasons and under their own standards.
The Agent agrees that the Company is not responsible for third party actions, restrictions, interpretations, account decisions, compliance determinations, or enforcement outcomes.
6. NPN, Account Access, and Commission Liability Waiver
Under no circumstances shall the Company, its affiliates, owners, employees, contractors, vendors, or technology partners be held liable for any investigation, suspension, limitation, lockout, restriction, chargeback, commission hold, termination, deactivation, or loss relating to:
the Agent’s NPN,
HealthSherpa account,
CMS access,
carrier appointment,
portal access,
commissions,
book of business,
client files,
enrollment access,
or any related third party platform privileges.
The Agent expressly waives and releases any claim against the Company for lost revenue, withheld commissions, lost future earnings, chargebacks, fines, account flags, missed enrollments, terminated access, carrier disputes, or regulatory complaints resulting from the Agent’s use of Company services or any related interaction with third party systems.
7. Verification and Consent Responsibility
The Agent acknowledges that the Company may provide certain verification or consent support records, including but not limited to IP logs, timestamps, consent records, intake data, form metadata, digital signatures, face scan verification, identity confirmation tools, or other evidence collection methods.
However, the Agent understands and agrees that the Agent remains solely responsible for determining whether such documentation is sufficient for the Agent’s own compliance obligations, carrier rules, auditing expectations, recordkeeping requirements, and any government or marketplace requirements that may apply to the Agent’s business.
The Company does not guarantee that any regulator, auditor, carrier, platform, or third party reviewer will accept any specific format of consent, identity verification, or customer authorization evidence.
8. Quote, Subsidy, Premium, and Plan Variance Disclaimer
The Agent understands that all displayed premiums, subsidy estimates, APTC calculations, plan matches, gross premium values, net premium values, plan identifiers, plan names, or plan availability shown in any Company environment are preliminary, informational, and subject to change.
The final plan information available to a consumer may differ in a third party portal or final enrollment environment due to independent data feeds, plan updates, household information changes, location changes, carrier availability, eligibility factors, system logic, timing, or other dynamic variables.
The Company makes no guarantee that quoted premium amounts, subsidy estimates, plan IDs, plan names, or displayed options will exactly match final third party portal outcomes. The Agent accepts that such differences may occur and agrees that the Company will not be liable for any discrepancy, mismatch, eligibility change, consumer complaint, or carrier dispute arising from these variances.
9. Agent Responsibility for Consumer Facing Activity
The Agent remains solely responsible for all consumer facing conduct, plan discussion, eligibility representation, enrollment related action, compliance obligations, disclosures, and servicing activity conducted by the Agent or the Agent’s team.
The Company does not assume responsibility for how the Agent explains plans, subsidy information, premiums, network details, enrollment timing, plan suitability, or compliance requirements to consumers.
10. Acknowledgment
By signing below, the Agent confirms that the Agent has read, understood, and voluntarily agrees to this Routing, Quoting, Verification, and Third Party Portal Risk Acknowledgment in full.
Security Deposit, Stored Payment Authorization, Final Sale, Chargeback Enforcement, and Legal Recovery Acknowledgment
By signing below, the Agent acknowledges, understands, and agrees to all of the following financial terms:
1. Covered Entities
The Agent understands that services may be provided, administered, invoiced, billed, processed, or supported by LeadStrive LLC, Pumpkindeal Advertising LLC, AgentEmp, and related affiliated entities involved in campaign management, CRM provisioning, routing, digital lead delivery, support, invoicing, collections, and compliance administration.
2. Upfront Security and Compliance Deposit
The Agent agrees to pay a $1,000.00 Security and Compliance Deposit before campaign activation, lead delivery, ACA V2 provisioning, system deployment, routing configuration, or related service setup, unless otherwise agreed in writing by the Company.
Provided the Agent remains in good standing, honors payment obligations, and does not initiate fraudulent or improper disputes, this deposit may be held on account and applied as a usable credit toward future digital services, lead purchases, campaign costs, or related approved charges at the Company’s discretion.
3. Forfeiture of Deposit
The Agent agrees that the Security and Compliance Deposit may be immediately forfeited, retained, or applied by the Company in the event of any of the following:
chargeback or payment dispute,
breach of contract,
fraud or suspected fraud,
nonpayment,
misuse of services,
unauthorized account activity,
material violation of onboarding terms,
misuse of lead data,
or conduct that exposes the Company to financial, operational, legal, or reputational risk.
The Agent acknowledges that forfeiture of the deposit may be used to offset internal costs, administrative expenses, legal review, dispute handling, compliance work, arbitration filing costs, or other damages arising from the Agent’s conduct.
4. Upfront Billing and Final Sale
The Agent understands and agrees that digital lead campaigns, routing services, campaign setup, CRM provisioning, technology deployment, digital services, and related non returnable services are billed upfront.
Once payment is made and the Company has begun provisioning, setup, routing, activation, delivery, access creation, campaign launch, or related service performance, the sale is final.
The Agent agrees that all digital goods, services, setup work, campaign resources, technology configuration, routing support, and delivered leads are non refundable, non returnable, and final sale.
5. Stored Payment Authorization
The Agent authorizes the Company to securely retain and store any payment method provided by the Agent, including credit cards, debit cards, and other approved payment methods, for the purpose of processing authorized charges related to services, deposits, invoices, penalties, balances due, reactivation fees, or other contractual amounts owed.
The Agent represents that any payment method provided is valid and that the Agent is authorized to approve charges on that payment method.
6. No Refund and No Chargeback Acknowledgment
The Agent acknowledges and agrees that because the Company provides digital goods, campaign access, proprietary services, technology based work, setup services, data access, routing, and lead generation services, the Agent will not initiate refunds or chargebacks after services are provisioned or leads are delivered.
The Agent agrees that bypassing the Company’s internal resolution process and filing a chargeback contrary to these agreed terms will be treated as a material breach of contract.
7. Automatic Chargeback Penalty Authorization
In the event the Agent initiates a chargeback, dispute, reversal, or unauthorized payment claim after agreeing to the Company’s no refund and final sale policy, the Agent expressly authorizes the Company to charge a $250.00 Chargeback Penalty Fee to any valid card or payment method on file.
The Agent understands that this fee is intended to cover internal dispute handling costs, administrative burden, time spent responding to the payment processor, document preparation, compliance review, and related recovery expenses.
8. Recovery of Additional Damages
The Agent acknowledges that a chargeback involving delivered digital goods, completed setup work, campaign activation, lead generation services, or proprietary services may cause substantial damage to the Company.
The Agent agrees that the Company reserves the right to pursue all available remedies in the event of a wrongful or fraudulent chargeback, including but not limited to:
recovery of the original disputed amount,
recovery of the $250.00 Chargeback Penalty Fee,
recovery of additional administrative costs,
legal fees,
arbitration fees,
collection costs,
and, where legally permitted and supported, pursuit of enhanced or multiplied damages.
9. Friendly Fraud and Non Returnable Digital Goods
The Agent acknowledges that digital campaigns, leads, routing services, CRM access, campaign setup, and other technology enabled services are non returnable and cannot be physically returned once provisioned or delivered.
The Agent further acknowledges that disputing such charges after receipt or use of these services may be treated by the Company as friendly fraud, contract breach, or misuse of payment protections.
10. Legal and Arbitration Enforcement
The Agent agrees that the Company may enforce its rights through internal collections, external collections, arbitration, civil litigation where permitted, injunctive relief where applicable, and any other lawful recovery process available under the governing agreement and applicable law.
Nothing in this Addendum limits the Company’s right to rely on prior onboarding agreements, master service terms, invoice terms, acceptance logs, digital signatures, CRM records, IP logs, timestamps, or other evidence of the Agent’s acceptance and use of services.
11. Acknowledgment
By signing below, the Agent confirms that the Agent has read, understood, and voluntarily agrees to this Security Deposit, Stored Payment Authorization, Final Sale, Chargeback Enforcement, and Legal Recovery Acknowledgment in full.