Leadgen Agreement

Introduction

This Agreement outlines the terms under which LeadStrive LLC, doing business as AgentEmp or Agentsly, provides lead generation services. LeadStrive LLC and Pumpkindeal LLC may handle invoicing and payment processing for these transactions. By paying invoices or signing any onboarding surveys/forms, you are bound by the terms of this Agreement.

Service Description

LeadStrive LLC specializes in generating and distributing targeted marketing leads. Pumpkindeal Advertising LLC serves as the exclusive payment processor for these transactions.

Non-Disclosure

Clients agree not to disclose any proprietary information related to LeadStrive LLC’s methodologies, strategies, or technology. The confidentiality obligation continues after the agreement ends.

Lead Quality and Condition

All leads are provided “as is,” with no guarantees regarding completeness, accuracy, or usability. Clients accept all risks associated with the leads provided.

Invoicing, Payments, and Financial Terms

Payments are processed by Pumpkindeal Advertising LLC or LeadStrive LLC through Stripe.
Applicable taxes will be added to invoices.
No refunds, chargebacks, or credits will be issued once leads or services (including AI tools, text, calls, workflows, etc.) are delivered. All sales are final.
Clients can alter their consent regarding lead specifics at any time, but changes will not affect completed transactions.

Liability and Risk Allocation

LeadStrive LLC is solely responsible for the quality and delivery of leads.
Neither LeadStrive LLC nor Pumpkindeal 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.

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.

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.

Advertising and Marketing

LeadStrive LLC, DBA AgentEmp or Agentsly, uses various online marketing techniques to generate leads, including different angles such as health subsidies and insurance savings. Responsibility for plan selection and insurance matters rests solely with the client.

Transparency

Clients receive transparent lead data for informed decision-making.

Force Majeure

LeadStrive LLC, Pumpkindeal LLC, and AgentEmp or Agentsly are not responsible for delays caused by events beyond their control, such as natural disasters, government actions, or technological failures.

Dispute Resolution

Disputes under this Agreement will be resolved through binding arbitration under the American Arbitration Association’s rules to minimize litigation costs.

Non-Compete and Non-Copy

You agree not to engage in activities that directly or indirectly compete with LeadStrive LLC‘s lead generation services for a period of ten (10) years after the termination of this Agreement. 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.

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.

Acknowledgment and Acceptance

By accepting this Agreement, 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.

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.

Audit and Reporting

You agree to conduct regular audits of your activities to ensure compliance with this Agreement and all applicable laws.

Indemnification

You agree to indemnify and hold LeadStrive LLC, Pumpkindeal LLC, and AgentEmp or Agentsly harmless against any liabilities, fines, penalties, or damages arising from your non-compliance or data security breaches.

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.

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.

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.

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.

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.

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.

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.

Conversion Disclaimer

LeadStrive LLC is not responsible or liable for conversion rates of the provided leads. Clients acknowledge and accept that conversion success depends on numerous factors beyond the company’s control, including but not limited to agent performance, market conditions, and client engagement. LeadStrive LLC does not control, influence, or guarantee the conversion rates of any leads provided.

Proprietary Information and Business Secrets

LeadStrive LLC reserves the right to protect its proprietary information, business secrets, and advertising methods. Clients are not entitled to request such information.

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.

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.

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.

Account Locking Clause

In the event of any attempt to sabotage, delete, change, chargeback, dispute, or post fraudulent or false claims, or if there are any attempts to harm the reputation of LeadStrive LLC, Pumpkindeal LLC, AgentEmp, or Agentsly, your account will be locked immediately. Legal action may be taken, and you will be responsible for any associated costs and damages.

AI Usage and Data Privacy

LeadStrive LLC provides the Agentsly AI tool, which utilizes APIs, voice/text quoting, and other engagement technologies to assist in lead generation and client interactions. By using the AI tool, you acknowledge and agree to the following:

AI Accuracy: The AI tool may make mistakes in data processing, communication, and quoting. You understand and accept that LeadStrive LLC is not responsible for any errors, inaccuracies, or miscommunication resulting from the use of the AI.
Data Privacy: You are fully responsible for maintaining the privacy and security of any data input into the AI system. LeadStrive LLC does not assume responsibility for data breaches, misuse, or unauthorized access.
Compliance: You agree that the data provided through the AI tool must comply with all applicable data protection and privacy laws (including HIPAA, GDPR, CCPA, etc.). You are solely responsible for ensuring compliance with these laws when using the AI for data processing.
Liability: LeadStrive LLC disclaims any liability for the AI’s actions, including errors in quote generation, voice/text interaction, or lead generation. LeadStrive LLC is not responsible for any issues arising from using the AI tool in your business processes.

Compliance and Information Disclosure

At Agentsly and Agent Empowerment, we are committed to ensuring compliance with all regulatory requirements while safeguarding our proprietary processes. For every lead, we provide a detailed, verifiable record, which includes:

All Submitted Information: The data provided by the lead during opt-in.
IP Address: Captured at the time of submission for verification purposes.
Time-Stamped Signatures: Leads are required to provide a digital signature, which is securely time-stamped to confirm their consent.
Communication Records: A detailed log of all correspondence with the lead, accessible directly in your CRM.

To maintain lead cost efficiency and volume while protecting our competitive edge, we may not disclose specific landing pages or websites utilized in our lead generation process. Our advanced proprietary technology is a key factor in delivering high-quality leads and ensuring compliance, which is why these methods are protected to prevent duplication or misuse by third parties.
We are happy to provide all necessary documentation, including time-stamped consent records and detailed lead files, to confirm compliance and demonstrate that all leads opted in to receive communication or enrollment assistance for health insurance plans.

AI Accuracy: The AI tool may make mistakes in data processing, communication, and quoting. You understand and accept that LeadStrive LLC is not responsible for any errors, inaccuracies, or miscommunication resulting from the use of the AI.
Data Privacy: You are fully responsible for maintaining the privacy and security of any data input into the AI system. LeadStrive LLC does not assume responsibility for data breaches, misuse, or unauthorized access.
Compliance: You agree that the data provided through the AI tool must comply with all applicable data protection and privacy laws (including HIPAA, GDPR, CCPA, etc.). You are solely responsible for ensuring compliance with these laws when using the AI for data processing.
Liability: LeadStrive LLC disclaims any liability for the AI’s actions, including errors in quote generation, voice/text interaction, or lead generation. LeadStrive LLC is not responsible for any issues arising from using the AI tool in your business processes.