Terms & Conditions

Introduction

Welcome to AgentEmp.com . These Terms and Conditions govern your use of the Site and the services provided by LeadStrive LLC. By accessing or using the Site, you agree to comply with and be bound by these Terms.

Services Description

Agent Emp 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.

Non-Disclosure

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

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.

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.

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.

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.

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.

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.

Transparency

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

Force Majeure

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Authorization of Digital Routing

By utilizing the Services, Client explicitly authorizes LeadStrive LLC, Pumpkindeal Advertising LLC, and their affiliates (collectively operating as “AgentEmp”) to digitally route verified consumer session data, intake forms, and consent logs through the Client’s designated marketing URLs, third-party portal environments, and National Producer Number (NPN). Client acknowledges that this routing is conducted via AgentEmp’s proprietary technology infrastructure, and explicitly consents to these routing actions regardless of the specific digital methodologies employed by AgentEmp

Important carrier and plan display policy

Our system will prioritize the carriers selected by the agent whenever those carriers have available plans that can properly serve the lead.However, carrier availability depends on the consumer’s ZIP code, county, eligibility, plan availability, premium, benefits, coverage area, and other plan factors.If the agent’s selected carrier does not have an available or suitable plan for that lead, the system may display another carrier with available plan options, better coverage, suitable benefits, or a more appropriate premium for that consumer.We cannot force the system to show “no plans available” simply because the agent chose not to contract with or accept certain carriers.Restricting carriers reduces the number of plan options available to consumers. That can directly affect conversion rate, lead volume, and CPL.If an agent removes carriers, cherry-picks carriers, or limits carrier availability, they are also limiting the funnel’s ability to convert leads. Any resulting increase in CPL or decrease in volume is caused by those restrictions, not by campaign failure.By running volume, agents agree that:

Their selected carriers will be prioritized when available.
Other carriers may be shown when selected carriers are unavailable or unsuitable.
Plan availability varies by consumer, ZIP code, county, and eligibility.
The system cannot hide available plan options just because an agent does not want that carrier.
Removing carriers can reduce volume and increase CPL.
Campaign performance cannot be guaranteed when carrier options are restricted.

No Affiliation with Third-Party Platforms

AgentEmp is an independent Marketing Technology (MarTech) provider. We do not own, operate, or control any external platforms, nor are we affiliated with, endorsed by, or integrated via official backend API with the Centers for Medicare & Medicaid Services (CMS), the Federally-Facilitated Marketplace (FFM), HealthSherpa, or any specific insurance carrier.

Assumption of Portal Risk and Compliance

Client acknowledges that third-party enrollment portals (e.g., HealthSherpa, CMS) maintain their own independent Terms of Service, security protocols, and policies regarding data entry, digital routing, and application submission. Client assumes 100% of the legal, operational, and financial risk for ensuring that their use of AgentEmp’s routing technology complies with their individual agreements with CMS, carriers, and third-party portals. AgentEmp makes no representations regarding the compatibility of its routing technology with third-party anti-automation or security terms. Client accepts the routing services strictly “as is” and assumes all liability for the interaction between our infrastructure and their external portals.

Master Definition

For the purposes of this section, “The Company” refers to the specific corporate entity operating this website, alongside all of its parent companies, subsidiaries, affiliates, doing-business-as (DBA) platforms, brand names, and technology partners.

Authorization of Digital Routing

By utilizing the Services, Client explicitly authorizes The Company to digitally route verified consumer session data, intake forms, and consent logs through the Client’s designated marketing URLs, third-party portal environments, and National Producer Number (NPN). Client acknowledges that this routing is conducted via The Company’s proprietary technology infrastructure and explicitly consents to this routing regardless of the specific digital methodologies employed by The Company or its affiliates.

Quoting API vs. Enrollment Affiliation

The Company acts strictly as an independent Marketing Technology (MarTech) provider. While we may utilize public data feeds (such as the official CMS API) strictly for informational quoting and real-time plan-matching purposes, The Company and its affiliates are not affiliated with, endorsed by, or integrated via official backend API for the submission, processing, or enrollment of applications with the Centers for Medicare & Medicaid Services (CMS), the Federally-Facilitated Marketplace (FFM), HealthSherpa, or any specific insurance carrier.

Assumption of Portal Risk and Anti-Automation Compliance

Client acknowledges that third-party enrollment portals (explicitly including HealthSherpa and CMS) maintain their own independent Terms of Service, security protocols, and strict policies regarding data entry, digital routing, and anti-automation. Client assumes 100% of the legal, operational, and financial risk for ensuring that their use of The Company’s routing technology complies with their individual agreements with these platforms. The Company makes no representations regarding the compatibility of its technology with third-party anti-bot or security terms. Client accepts that using automated digital routing carries the inherent risk of portal account flags, and proceeds strictly at their own risk.

The Absolute NPN and Commission Shield

Under no circumstances shall The Company, its affiliates, its owners, or its technology partners be held liable for any investigation, suspension, restriction, lockout, or termination of the Client’s National Producer Number (NPN), HealthSherpa accounts, third-party portal access, or carrier appointments. If a third-party platform (e.g., HealthSherpa or CMS) restricts or terminates the Client’s access for any reason—including suspected automated activity or routing protocol violations—Client explicitly holds The Company 100% harmless. Client unconditionally waives all rights to claim damages against The Company for any loss of revenue, withheld commissions, lost books of business, carrier chargebacks, or regulatory fines.

Verification and Consent

While The Company may provide digital verification tools (e.g., biometric face scans, IP logging, timestamped authorizations), Client is solely responsible for verifying that such documentation satisfies CMS and carrier requirements for consumer consent prior to any application processing. The Company does not guarantee that third-party auditors or carriers will accept any specific format of documented consent.

Premium, Subsidy, and Plan ID Variances

Client acknowledges that all premium quotes, Advanced Premium Tax Credit (APTC) subsidy calculations, gross/net premiums, and specific Plan IDs displayed within The Company’s environment are preliminary estimates provided for informational purposes only. Because third-party portals (such as HealthSherpa and CMS) utilize their own proprietary calculation logic, UI-specific variables, and dynamic data feeds, the final quoted premium, subsidy amount, or plan availability may differ at the actual time of portal enrollment. The Company makes no guarantees regarding the exact matching of our preliminary quoting data to final third-party portal outcomes and assumes zero liability for any pricing discrepancies, mismatched Plan IDs, altered subsidy amounts, or resulting consumer/carrier disputes.

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.

Entities Covered

Upfront Delivery, Escrow Deposit & Civil Theft Damages By accessing the CRM and lead generation services of Agent Empowerment (processed by LeadStrive LLC and Pumpkindeal Advertising LLC), the Client agrees to the following financial authorizations:$1,000 Upfront Security Deposit: The Client agrees to pay a $1,000.00 Security & Compliance Deposit prior to campaign activation. Provided the Client honors all payment terms and does not initiate fraudulent chargebacks, this deposit rolls over as a usable credit for future digital services. In the event of a chargeback or breach of contract, this deposit is immediately forfeited to cover the Company’s initial legal retainer.Stored Payment Methods & Final Sales: Digital lead campaigns are billed upfront. Upon payment and system provisioning, the sale is final. The Client authorizes the Company to securely retain all provided credit cards on file.Automatic $250 Chargeback Penalty: Should the Client file a chargeback bypassing our no-refund policy, the Client explicitly authorizes the Company to automatically run a $250.00 Chargeback Penalty Fee against any card on file to cover the internal costs of fighting the dispute.Legal Pursuit of 3x Damages: Filing a chargeback after receiving non-returnable digital goods is classified as friendly fraud. The Client expressly acknowledges that the Company will aggressively protect its intellectual property, and explicitly authorizes the Company’s legal counsel to seek treble (3x) damages (three times the disputed amount), alongside all legal fees and arbitration costs, in binding legal proceedings.

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 Agentemp.com, you agree to these terms and conditions.