Lead Buyer Agreement

Who this covers

This Lead Buyer Agreement ("Agreement") is between eMavio ("we," "us") and any agent, broker, agency, carrier, or marketing partner ("Buyer," "you") that purchases leads, credits, subscriptions, or premium placement from eMavio. This Agreement is in addition to our Terms & Conditions.

1. License required

You represent and warrant that you (and every producer who will contact leads) hold all resident and non-resident insurance licenses required to solicit and sell insurance in the state where each lead resides. You will maintain those licenses in good standing and provide proof on request.

2. TCPA and telemarketing compliance

You are solely responsible for complying with the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission (FTC) Telemarketing Sales Rule (TSR), state telemarketing and Do Not Call laws, CAN-SPAM, and carrier messaging rules. You will:

• Honor any consumer revocation of consent immediately
• Maintain your own internal Do Not Call list
• Never spoof caller ID or misrepresent your identity
• Never use eMavio leads to seed or verify Do Not Call scrubs for third parties
• Only use compliant dialers and messaging platforms

3. Permitted use of leads

Leads may only be used for the licensed insurance purpose disclosed at collection. You may not:

• Resell, redistribute, syndicate, or share leads with any third party
• Use leads for products or lines of business outside the disclosed purpose
• Use leads to enrich data brokers, credit files, or advertising audiences
• Scrape, mirror, or bulk export marketplace data
• Attempt to bypass exclusivity by using multiple accounts

Each lead is licensed to you for your own use only. All rights not expressly granted are reserved.

4. Payment, credits, and non-refundable purchases

All purchases are prepaid unless otherwise agreed in writing. Credits, subscription fees, and premium placement fees are non-refundable except as expressly provided in the Refund & Replacement Policy. Chargebacks that are not first submitted through the dispute process may result in immediate suspension.

5. Refunds and replacements

Refund and replacement eligibility, timing, and process are governed by the Refund & Replacement Policy.

6. Data security and confidentiality

You will implement reasonable administrative, technical, and physical safeguards to protect lead data. You will limit access to personnel with a need to know, encrypt data in transit, and promptly notify eMavio of any suspected unauthorized access.

7. Consumer complaints and audits

You agree to promptly investigate and respond to consumer complaints forwarded by eMavio. eMavio may audit your compliance, including requesting call recordings, consent records, and licensing proof. Repeated or material violations are grounds for immediate termination without refund.

8. Indemnification

You will defend, indemnify, and hold harmless eMavio, its affiliates, officers, employees, and agents from any claim, loss, penalty, or expense (including reasonable attorneys' fees) arising from your use of leads, breach of this Agreement, violation of law (including the TCPA), or misrepresentation to any consumer.

9. No warranties on lead outcomes

eMavio does not guarantee that any lead will close, be reachable, purchase a policy, or generate any specific level of return. Leads are provided "as is." eMavio disclaims all implied warranties to the fullest extent permitted by law.

10. Limitation of liability

To the maximum extent permitted by law, eMavio's aggregate liability arising from or related to lead purchases is limited to the amount you paid eMavio in the twelve (12) months preceding the claim. eMavio is not liable for indirect, incidental, consequential, special, or punitive damages.

11. Termination

We may suspend or terminate your account and forfeit any unused credits or placement fees, without refund, for material breach, fraud, TCPA violations, or repeated consumer complaints.

12. Governing law and dispute resolution

This Agreement is governed by the laws of the state identified in our Terms & Conditions. Disputes are resolved as described in the Terms, including any binding arbitration and class-action waiver.