Terms and Conditions

1. Introduction

Welcome to Agent Empowerment ("Site"). These Terms and Conditions ("Terms") govern your use of the Site and the services provided by LeadStrive LLC ("Company"). By accessing or using the Site, you agree to comply with and be bound by these Terms.

2. Services Description

Agent Empowerment specializes in generating and distributing targeted marketing leads to clients. The Company may use various online marketing techniques, including ads with different angles such as health subsidies, insurance savings, and other related topics.

3. Non-Disclosure

Clients agree not to disclose any proprietary information related to the Company's methodologies, strategies, or technologies.

4. Lead Quality and Condition

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

5. Invoicing, Payments, and Financial Terms

The Company handles invoicing and payment processing. Applicable taxes are added to invoices. No refunds, chargebacks, or credits will be issued once leads are delivered. All sales are final. Clients can alter their consent regarding lead specifics at any time, but changes will not affect completed transactions.

6. Liability and Risk Allocation

The Company is responsible for the quality and delivery of leads. The Company will not be liable for any claims, damages, or losses resulting from the use of leads by clients, including issues related to agent licensing, legal actions from carriers or companies, or lawsuits by leads or related parties.

7. Data Management and Security

Clients are solely responsible for all data management post-delivery, which includes safeguarding against data breaches and complying with all relevant data protection laws, including HIPAA. The Company conducts quality checks to ensure data reliability and securely hosts all data with proper consent obtained for data handling post-delivery. The Company disclaims any liability for incidents following data transfer to the client.

8. Regulatory Compliance

Clients must comply with all applicable laws and regulations, including HIPAA and other relevant data protection laws. The Company ensures compliance with all applicable laws and regulations related to lead generation and data handling. The Company is not liable for any legal issues due to client non-compliance.

9. Advertising and Marketing

The Company uses various online marketing techniques to generate leads, which may include different angles. Responsibility for plan selection and insurance matters rests solely with the client.

10. Transparency

Clients receive transparent lead data for informed interactions and decision-making.

11. Force Majeure

The Company is not responsible for delays caused by events beyond their control, such as natural disasters, government actions, or technological failures.

12. Dispute Resolution

Disputes under these Terms will be resolved through binding arbitration under the American Arbitration Association's rules. This minimizes litigation costs and streamlines the resolution process.

13. Non-Compete and Confidentiality

Clients agree not to engage in any activities that directly compete with the lead generation services of the Company for two years after these Terms end.

14. Intellectual Property

All tools, materials, and technologies used in providing lead generation services are the exclusive property of the Company and are protected under intellectual property laws. Unauthorized use or duplication is strictly prohibited.

15. Acknowledgment and Acceptance

By using the Site and services, clients acknowledge and agree to all terms herein, especially the limitations on liability and the "as is" nature of the provided leads. Clients can change their consent regarding terms at any time, but such changes will not affect already completed transactions.

16. 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. This consent must be verifiable and securely stored as part of the client’s record.

17. Audit and Reporting

Agents must conduct regular audits of their activities to ensure compliance with these Terms and all applicable laws. Any discrepancies, issues, or potential violations must be reported to the Company immediately to facilitate timely remediation.

18. Indemnification

Agents agree to indemnify and hold the Company harmless against any liabilities, penalties, fines, or damages that may arise due to the agent’s non-compliance with legal obligations or due to any breaches of data security. This indemnification includes covering all costs related to legal actions or settlements.

19. Transparency and Disclosure

Agents are required to disclose all methods and sources used in lead generation activities upfront. All promotional and operational materials must clearly and accurately describe the services being provided to ensure transparency and maintain trust with clients.

20. Lead Consent and Data Handling Clause

Each lead provided by the Company is obtained through explicit consent, including IP address and timestamp, ensuring compliance with data protection regulations. The Company maintains detailed records of all lead consents and interactions, securely stored and not shared or deleted without proper authorization.

21. Advertising Transparency Clause

All advertisements and marketing materials used by the Company clearly state the nature of the service provided. The Company ensures that no misleading information is presented in its ads. The Company reserves the right to use different marketing angles as needed.

22. Indemnification and Liability Clause

Clients agree to indemnify and hold harmless the Company against any liabilities, penalties, fines, or damages arising from non-compliance with legal obligations or fraudulent activities. This includes covering all costs related to legal actions or settlements.

23. Payment Processing Clarification

The Company acts solely as a payment processor for transactions related to its services. The Company assumes no liability beyond the processing of payments and is not responsible for the quality, accuracy, or usability of the leads provided.

24. Fraud Prevention and Compliance

Clients agree that any fraudulent activity, including the submission of false leads or data manipulation, is strictly prohibited and will result in immediate termination of the agreement and potential legal action. The Company conducts regular audits to detect and prevent fraud.

25. CRM Platform Data Security

The Company uses a major CRM platform to manage data and generate leads. Clients are responsible for maintaining the security of their accounts on this platform, including changing passwords regularly and ensuring that two-factor authentication (2FA) is enabled. The Company is not responsible for any data breaches that occur on the main CRM platform. Clients are fully responsible for any users they add to their platform and the actions those users take.

26. Liability for Identity Theft and Insurance Fraud

Any complaints, cases, or incidents related to identity theft, insurance fraud, or other illegal activities arising from the use of leads are the sole responsibility of the agents. The Company is not responsible for any such activities or the resulting legal or financial consequences.

27. Changes to Terms and Conditions

The Company reserves the right to change the terms and conditions at any time. Clients are responsible for staying informed about any changes. Continued use of services after changes constitutes acceptance of the revised terms.

28. Account Inactivity and Data Retention

Inactivity Policy:

If a client's account remains inactive for more than 90 consecutive days, the Company reserves the right to take necessary actions to ensure data security and compliance. Inactive accounts are those that do not engage in any transactions, lead purchases, or active communications for the specified period.

Notification:

Clients will receive a notification 30 days before their account is considered inactive. This notification will provide options to either renew their subscription, engage in a transaction, or confirm their intention to keep the account active.

Data Handling:

Upon reaching 90 days of inactivity, the Company will securely archive the client's data. Clients can request their data to be sent to them or choose to subscribe to keep their account active. Archived data will be securely stored and not accessible until the account is reactivated.

Reactivation:

To reactivate an inactive account, clients must either renew their subscription or engage in a new transaction with the Company. Reactivated accounts will regain full access to their previously archived data.

Data Security:

The Company is committed to maintaining the highest standards of data security. Archived data will be stored securely, and all actions related to data handling will comply with relevant data protection regulations.

Termination of Account:

If the client chooses not to reactivate their account within 180 days of inactivity, the Company reserves the right to permanently delete the archived data. Clients will receive a final notification 30 days before any permanent data deletion.

29. Conversion Disclaimer

The Company is not responsible or liable for any conversion rates of the provided leads. Clients acknowledge and accept that conversion success depends on numerous factors beyond the company's control.

30. Proprietary Information and Business Secrets

The Company reserves the right not to disclose proprietary information, business secrets, or advertising methods. Clients are not entitled to request such information. In cases of compliance, agents may pull the IP address of leads (note: IP addresses may sometimes mismatch). By paying our invoices, you agree to the terms and conditions outlined.

31. Non-Compete and Non-Disclosure Agreement

Clients and agents agree not to compete with the Company's lead generation services or copy any of its proprietary methods, technologies, or processes for a period of two years after the termination of this agreement. This includes, but is not limited to, duplicating surveys, copying ads, utilizing similar APIs, or mimicking color schemes. Any violation of this clause may result in legal action. The Company reserves the right to take legal action to protect its interests.

By using the Agent Empowerment site, you agree to these terms and conditions.

Data Retention and Deletion Policy

At Agent Empowerment, we prioritize the security and privacy of your data. Our policy is designed to ensure compliance and protect all parties involved:

Inactive Accounts: Accounts with no activity for 6 months will be flagged for deletion.

Reactivation Requirement: To maintain your account, a reactivation fee of $97/month is required.

Data Deletion: Inactive accounts that are not reactivated within 30 days of notice will have all associated data permanently deleted. This includes all leads data.

Notification: Agents will be notified via email and provided with instructions to download their data before deletion.

Agent Responsibility: It is the agent’s responsibility to secure and download any necessary data within the specified period. Agent Empowerment will not be liable for any claims related to data deletion after the notice period.

By using our services, you agree to comply with this policy.