TTC MEDIA LEAD PURCHASE AGREEMENT

The terms and conditions (“terms”) herein are a legal, binding agreement between TTC Media (“TTC Media” or “we”), and you, receiving the services from us or via our site (“Agent” or “you”). Your acceptance of the terms here is required for your use of the site and any of our services, and to our provision of leads to you.  By clicking “Accept”, which represents your electronic signature on the terms, you accept these terms. You accept that your interaction with the website and each request you make for our services is subject to the terms here. If you disagree with any of the terms here, don’t use our services.

Leads Purchase

You agree to purchase leads in line with the guidelines here. A lead will contain information that has been provided by a person as well as certain lead contact information as available, unless otherwise agreed by you and us in writing, such as: (a) first and last name, (b) phone number, (c) email address, and (d) mailing address. TTC Media doesn’t guarantee the quantity, quality or adequacy of the leads that offered to you.

You’ll be charged for the leads based on the price stated at the time of the purchase, and fees may differ from purchase to purchase at any time. We do our best to deliver leads between the set hours of set lead delivery type. It may take but may take up to 31 days to deliver an order. However, in some cases, orders can experience slight delays due to daily supply and demand market conditions on the Social media platforms we advertise on. In such a rare case, you will be notified and your leads will be delivered in a timely manner.

Accumulated fees are due upon your receipt of the leads. You accept that you’ll provide us with current and valid credit card information (such as name, type, number, expiration date, and so) and hereby authorize us to charge any credit card you provide in the amount of all or part of the fees payable for the leads purchased alongside any taxes we may be obliged to collect from you. We may require you to fund your account in advance in an amount decided by us at any time. We have the right to charge your account pre-funded balance in the amount of the fees for the leads delivered to you. There will be the need to renew pre-funded balances so as to maintain the balance at the required minimum amounts created by us at any time. TTC Media retains the right to not deliver the leads if there is not enough balance in your account to pay for the leads.

Purchases of leads are not cancelled, and there is no refund on fees paid. You’re not authorized to use any services that are not paid fully for.

You may reject a lead for a replacement within 72 hours of receipt if: (i) the lead has a disconnected phone number; (ii) the lead person is above 85 years or older; (iii) the lead is over a Maximum radius of their given city or zip code; (iv) If two of the three forms of contact information is bogus: or (v) the lead is a duplicate of another lead we have offered for the same requested services that are generated by the same person (i.e., the leads includes the same name, phone number, address, and email address).

All replacement leads are delivered from the same territory as your order that requires replacements leads.

Authorized Use and Purpose of Leads

All Final Expense & Medicare Leads are rendered Exclusive based on lead type. Standard, Premium, Telesales, Medicare & Spanish lead have 100% Exclusive Lead Rights for the particular purpose for which the consumer submitted the online form (“the specific vertical”), for instance, life insurance. You’re allowed to use the leads provided by us exclusively for your internal marketing purposes in the specific vertical to the consumers. You may not use the lead for purposes other than those that the consumer has expressly inquired about, or of third parties. Agents can’t redistribute or sell our leads.

Leads are confidential information of TTC Media. You agree to not share with others, distribute, license, sell, resell or otherwise disclose any of the leads or the information included in them, to any third party for any purpose, unless only to an entity employed by you as a contractor for the main purpose of assisting you under the terms here as well as in accordance with the authorized use of the leads by you. When leads are generated, we don’t guarantee any certain results. A lead is a prospect, so don’t regard it as a guaranteed sale. All leads delivered over The Maximum Mile Radius are replaced.

Service Usage

It is solely your responsibility to know about all laws, rules, and regulations applicable to the access, use, storage and security of data identifying consumers that we offer to you, and to act in line with them. You agree that you’ll maintain commercially reasonable physical, electronic and procedural controls, care and protection to protect any such consumer information received under the terms herein from any unauthorized use or disclosure, including the maintenance of proper security to limit access to the consumer data solely to carry out the purposes for which such information was disclosed.

Buyer’s Fraud

We make necessary event to ensure fraud prevention. Therefore, if we believe that any agent is committing or attempting to commit buyer fraud to get a refund on his/her purchase, we may take legal actions against such an agent. Every agent is required to not violate any relevant law against buyer fraud such as the Act against Telemarketing and Consumer Fraud and Abuse Prevention, as well as other federal, state and local laws, and regulations governing the sales of leads.

Warranties & Disclaimer

As an Agent, you warrant and represent that:

  • the use of the leads and any interactions with and information provided to consumers will be in compliance with all applicable federal, state and local laws, statutes, rules and regulations, governing the marketing, sales, and/or promotion of goods and/or services, including with no limitation to the general consumer protection laws and regulations, or any other consumer protection laws that hinder unfair or misleading acts or practices;
  • without restraining the foregoing, you’ll make no calls to any person on any federal or state national Do-Not-Call (DNC) registry in the exception of an exemption;
  • you’ll use no lead information for the purpose of determining a person’s eligibility for employment, credit or otherwise in any manner that violates the Fair Credit Reporting Act;
  • you’ve disclosed the existence of any federal or state decrees, orders, or consent agreements, as well as any pending informal or formal government investigations. Also, you warrant that if you’re involved or named in any kind of action, complaint, investigation or any other proceeding by or before any governmental or regulatory agency, or any private party, you’ll provide immediate notice to TTC Media of any such action, complaint, investigation or any other proceeding; and
  • you’ll make sure that your agents, employees, as well as contractors,  comply with all the above.

The leads services and the site are provided “as is”, “where is”. Neither party makes any sort of warranties to the other. Also, all statutory, implied or other warranties are disclaimed to the highest extent permitted by law, including with no limitation to any warranties of merchant ability, fitness for a purpose, non-infringement, compliance with relevant laws, title, or while dealing or trading. We don’t guarantee in any way that any information provided by the consumer will be correct or complete, or that the results will be realized from the leads, including any customer conversion rates.

You understand that leads and contact information gathered has not been screened or validated by us, and aren’t guaranteed to be accurate or error-free and all risks of condition, design, use, fitness, or quality are completely yours.

Changes

TTC Media retains the right, based on sole discretion, to modify any part of this Agreement. It is totally your responsible to check this Agreement periodically for changes. Your continued usage of the site following the posting of any changes to this Agreement suggests an acceptance of those changes. Also, TTC Media may, in the future, provide new services and/or features via the site (including, the release of new tools as well as resources). Any new features or/and services shall be subject to the Terms of this Agreement.

Termination

TTC Media may terminate your access to all or any part of the site at any time, with or without cause, with or without notice. If you decide to terminate this Agreement or your account, you may simply discontinue using the site. Notwithstanding the foregoing, if you have an account, such account can only be terminated by TTC Media if you materially breach this Agreement and fail to cure such breach within thirty (30) days of TTC Media’s notice to you thereof; provided that, TTC Media can cease the site at any time as part of a general shut down of our service.

Disclaimer of Warranties

The site is provided ‘as is’. TTC Media and its suppliers, licencors and affiliate companies hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchant ability, fitness for a particular purpose and non-infringement. Neither TTC Media nor its suppliers and licencors make any warranty that the site will be error-free or that access to it will be continuous or uninterrupted. You acknowledge that you download from, or otherwise acquire content or services via, the site at your own discretion and risk.

Limitation of Liability

In no event will TTC Media, or its licencors or suppliers, be liable regarding any subject matter of this agreement under any contract, tort, negligence, liability or other legal or equitable theory for: (i) any incidental, special, or consequential damages; (ii) the cost of acquisition or substitute products or/and services; (iii) for the interruption of usage or loss or the corruption of data; or (iv) for any amounts that raise the fees paid by you to TTC Media under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. TTC Media shall have no form of liability for any failure or delay owing to matters beyond its reasonable control. The foregoing may not apply to the extent prohibited by relevant law.

General Representation and Warranty

Each user represents and warrants that (i) your use of the site will be in strict accordance with the TTC Media Privacy Statement, with this Agreement as well as with all relevant laws and regulations (including any local laws or regulations in your country, state, city, or other governmental area, as regards online conduct and acceptable content, and including all relevant laws as regards the transmission of technical data exported from the U.S. or the country in which you dwell) and (ii) your usage of the site won’t infringe on the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless TTC Media, its contractors, and its licencors`, as well as their respective directors, employees, agents and officers from and against any claims and expenses, including attorneys’ fees, resulting from your usage of the site, including from your violation this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between TTC Media and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TTC Media, or by the posting by TTC Media of a revised version.

The dominant party in any action or proceeding to implement this Agreement shall be entitled to any costs as well as attorneys’ fees. If any area of this Agreement is deemed to be invalid or unenforceable, that area will be interpreted to reproduce the parties’ original intent, and the remaining

SMS Text Messaging Terms & Conditions

Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from  “TTC Media“, including text messages made with an Auto dialer, at the mobile phone number(s) you provide.

You may opt-out of these communications at any time by replying STOP to any text message from TTC Media or by otherwise contacting the TTC Media as indicated below. You can receive help at any time by replying HELP to any text message from the TTC Media or by otherwise contacting TTC Media as indicated below. Consent to receive non-marketing or marketing text messages is not required to purchase any products or services from the TTC Media. Messaging and data rates may apply. By completing the SMS text Messaging Opt-In Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of TTC Media services.

Program Description

TTC Media offers its text messaging program whereby TTC Media, and any applicable service providers, will text message you to provide you with information concerning your account activity with TTC Media and other TTC Media products, services, and promotions (all of the foregoing the “TTC Media Program”). TTC Media and its service providers may, from time to time, use standard or an automatic telephone dialing system (“Auto dialer”) to deliver text messages to you under the TTC Media Program. You agree that you will not use the TTC Media Program for any illegal or unlawful purposes. No coverage may be bound or amended via text message or the TTC Media Program.

Message Frequency

Under the TTC Media, the number of TTC Media text messages that you receive may vary depending upon your account activity and your communication with TTC Media.

Cost

TTC Media does not impose a separate fee for sending TTC Media text messages under the TTC Media Program. However, standard message and data rates may apply to each text message sent or received in connection with the TTC Media Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.

How to Opt-In

To opt-in to receive text messages from TTC Media under the TTC Media Program, complete the SMS/Text Messaging Opt-In Form and submit it to TTC Media. TTC Media will then send you a text message asking you to confirm your enrollment in the TTC Media Program.

How to Opt-Out

To STOP receiving text messages from TTC Media, text STOP to the ten-digit long code from which the text messages are being sent. You will then receive confirmation of your opt-out of the TTC Media text- messaging program. You may also opt out by providing written notice to the TTC Media at 785 Pearl Rd. Brunswick, Ohio 44212. or emailing support@ttcleads.com.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number. You agree to maintain accurate, complete, and up-to date information with TTC Media regarding your use of the TTC Media Program, including, without limitation, notifying TTC Media in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify TTC Media in full for all claims, expenses, damages, and costs, including reasonable attorneys’ fees, related to or caused in whole or in part by your failure to notify TTC Media if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages, and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.

Termination of Text Messaging

TTC Media may suspend or terminate your receipt of TTC Media text messages if TTC Media believes you are in breach of these SMS/Text Messaging Terms & Conditions.

Release: No Warranties; Limitation of Liability

By participating in the TTC Media Program, you agree to release and hold harmless TTC Media and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the TTC Media, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.

In no event shall TTC Media be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the TTC Media Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages.

Arbitration/Class Action Waiver/Applicable Law

ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND TTC Media ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND TTC Media OR ANYONE ACTING ON YOUR OR TTC Media BEHALF, OR THE AGENCY PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR.

Attorney Fees

In the event of any claim, matter, or dispute between you and TTC Media arising out of or relating in any way to these Terms & Conditions, any text messages between you and agency or anyone acting on your or TTC Media’s behalf, or the TTC Media Program, TTC Media, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration related fees and expenses.

Applicable Law

The law of the United States of America including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the TTC Media Program, or any text messages between you and TTC Media or anyone acting on your or TTC Media behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.

Contact Us

If you have questions regarding these Terms & Conditions, you may reach us at 785 Pearl Rd. Brunswick, Ohio 4421, or email support@ttcleads.com.