LEAD GENERATION AGREEMENT
AGENT EMPOWERMENT
LEAD GENERATION AGREEMENT:
This Non-Refund and No Chargeback Agreement ("Agreement")
Non-Compete and Non-Copy Agreement
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.