This RateElert Agent Agreement (“Agreement”) is a legal agreement between you and RateElert, LLC. (“RateElert”) for your designation as an agent approved to receive leads from RateElert pursuant to the terms hereof and to access and use the RateElert Agent Extranet site as described herein. BY CLICKING THE “I ACCEPT” BELOW, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE PRESS THE “I DO NOT ACCEPT” BUTTON.
1. Agreement to Terms of Use and Privacy Policy. The RateElert Terms and Conditions of Use (the “Terms of Use”) and the RateElert Privacy Policy (the “Privacy Policy”) apply to all RateElert web sites and all other associated sites and subdomains owned by RateElert (collectively, the “Site”) including without limitation the Extranet. The Terms of Use and Privacy Policy are hereby incorporated herein, and by entering into this Agreement with RateElert, you agree to be bound by such Terms of Use and Privacy Policy. RateElert reserves the right, at its sole discretion, to modify the terms of this Agreement, the Terms of Use, or the Privacy Policy at any time, and any such revisions will be posted on the Site.
2. Lead Obligations. Your use of this site is subject to, and you hereby agree to, the following contractual obligations regarding any leads or consumer information provided to you by RateElert.
a. You will not give, sell, or otherwise provide or make available any Leads to any other company, agent, or individual, and you will protect such Leads at all times from any wrongful use or disclosure and use Leads only to quote insurance to the applicable consumer according to any guidelines or requirements provided by RateElert. You will permanently delete from your records all personally identifiable Leads provided by RateElert within a reasonable time after delivery by RateElert, unless you establish a contractual relationship with the individual consumer.
b. In connection with your use of any Leads, you will not violate any applicable laws, rule or regulations, including but not limited to laws that apply to telemarketing, email solicitations, truthful and fair business practices and the sales of insurance and insurance products, or any applicable data privacy or security laws.
c. You will exercise all due care with respect to Leads and the collection, handling, delivery, processing and transmission thereof, and will maintain appropriate physical, technical and organizational measures to protect all Leads against accidental loss or unauthorized access, use, disclosure, alteration or destruction.
3. Lead Contact and Marketing Obligations. When you contact individuals based on Leads or otherwise engage in marketing or other activities pursuant to this Agreement, you agree to abide by the following:
a. You will identify yourself to each consumer that you contact, confirm that they have sought information about insurance quotes through RateElert, or any affiliated organization, respect any request from consumers to not be contacted by you in the future, and otherwise conduct your contacts with consumers in a timely, professional, ethical and legal manner.
b. You will not lead any consumer to believe that you represent RateElert or that you are an agent of RateElert.
c. You will respond in a timely manner to all requests for insurance quotes generated from the Leads.
d. You will not engage in any deceptive, misleading or unethical practices and will not make any false or misleading representations or employ or cooperate in the publication or employment of any misleading or deceptive advertising material.
4. Leads and Lead Volume. You understand that all Leads provided by RateElert hereunder are non-exclusive in all respects, and that such Leads may be provided to other agents and insurance companies, including without limitation those that are competitive with you. Leads are considered to be delivered and subject to billing once they are received by you, provided that RateElert has not received any system generated communication stating that such Leads failed to be delivered to you. In the event of any false submissions to our system, you may be eligible for lead credits depending on the terms of your agreement with RateElert. You agree that you are responsible for the ongoing monitoring of your Lead volume. You may increase or decrease your Lead volume at any time.
5. Payment Obligations. Your receipt of Leads from RateElert hereunder is subject to the following payment obligations:
a. In exchange for your acceptance of a promotional offer that provides you with no-cost, trial Leads from RateElert, you are agreeing to remain an active user of RateElert’s services for no less than sixty (60) days.
b. Once your allotment of free trial Leads has been exhausted (pursuant to the terms of your agreement with RateElert) you will automatically be charged for any subsequent Leads sent to you.
c. RateElert's Lead service includes the convenience of automatic billing by credit card. By clicking the “I Accept” button below, you are authorizing RateElert to automatically bill the credit card you provide on the 10th of each month. If the transaction fails on the 10th of the month, due to insufficient funds or any other reason, you authorize RateElert to attempt to process the card, as frequently as it deems necessary, until all charges have been settled.
d. You represent that you are the duly authorized credit card holder for any credit card that you provide to RateElert for billing purposes.
e. If an outstanding balance is not paid in full by the end of any calendar month, your account will be suspended and may only reactivated upon settlement of any outstanding balance. Any such reactivation will be subject to approval by RateElert, which may be granted or withheld in RateElert's sole discretion.
f. Should this Agreement be terminated by you or RateElert as provided herein, you authorize RateElert to bill the credit card that you have provided for all outstanding, unpaid balances. If RateElert is unable to bill a valid credit card , your unpaid balance will be turned over to a collection agency.
1. Term and Termination. This Agreement will commence when you click on the “I Accept” button below, and will continue until terminated by either party. You may terminate this Agreement with or without cause upon written notice to RateElert. In addition, RateElert reserves the right at any time, with or without cause, to (i) terminate this Agreement with regard to all agents or with regard to you individually, immediately upon notice to you by e-mail or otherwise; (ii) modify, suspend or terminate operation of or access to the Site or the provision of Leads to you or any other agents. The provisions of Sections 3, 6, 7, 8, 9, 10, and 11 will survive termination
of this Agreement for any reason.
2. Disclaimers. RATEELERT DOES NOT GUARANTEE ANY RESULTS YOU MAY RECEIVE FROM YOUR USE OF THE SITE, OR YOUR REGISTRATION TO RECEIVE LEADS FROM RATEELERT. RATEELERT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, TRUTHFULNESS, OR ACCURACY OF LEADS OR OTHER INFORMATION YOU MAY RECEIVE FROM RATEELERT, NOR THE ELIGIBILITY OF ANY SUCH INDIVIDUALS FOR INSURANCE.
3. Representations and Warranties. You represent and warrant (i) that your performance under this Agreement will be in accordance with all applicable laws, rules and regulations, and with the terms and conditions of this Agreement, at all times; and (ii) that you currently have and will maintain during the term of this Agreement an active insurance license in all applicable territories in which you have requested that RateElert provide you Leads.
4. Indemnification. You will indemnify and hold RateElert, its affiliates, employees, officers, directors, sublicensees, customers and agents harmless from and against any and all claims, losses, liabilities, damages, expenses, and costs (including attorneys’ fees and court costs) resulting from (i) any breach of this Agreement by you, (ii) any negligent or intentionally wrongful acts or omissions by you in connection with this Agreement or any Leads, or (iii) injury to persons or damage to property arising out of or in connection with your performance under this Agreement.
5. Miscellaneous. The parties hereto are independent contractors, and you are not an employee of RateElert. You will not assign, delegate or transfer this Agreement without the express prior written consent of RateElert, and any purported or attempted assignment in violation of the foregoing is null and void. RateElert may assign, delegate or transfer this Agreement. This Agreement will be governed and construed in accordance with the laws of the State of Michigan and the United States without regard to any conflict of laws principles that would require the application of the laws of another jurisdiction. Any dispute arising under or in connection with this Agreement will be heard exclusively in the state and federal courts for the City and County of Clinton Twp., MI; you hereby expressly and irrevocably consent and waive any objection to the personal jurisdiction, venue and convenience of such courts. No waiver by RateElert of any breach of or right under this Agreement will be a waiver of any preceding or succeeding breach or any other right. This Agreement (together with the Terms of Use and Privacy Policy, which are incorporated herein) constitutes the complete and exclusive statement of the terms of the agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
I have read and accepted the RateElert Agent Agreement |
Account ID: |
119387 |
Date Accepted: |
2/22/2008 8:19:48 AM |
IP Address: |
75.43.116.14 |
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