Common use of Analytics Services Clause in Contracts

Analytics Services. With respect to each purchase or receipt of Leads or Services, Company agrees and warrant that the use of the Leads and Services and any calls and other interactions with and information provided to consumers resulting from the Leads will comply with all applicable federal, state and local laws, statutes, rules and regulations, including without limitation, the Communications Act of 1934, as amended, the Telephone Consumer Protection Act (“TCPA”) and implementing regulations issued by Federal Communications Commission, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, and other federal and state laws and regulations governing the marketing, promotion, and/or sales of goods or services, including general consumer protection laws and regulations, or other consumer protection laws that prohibit unfair, deceptive, or misleading acts or practices; without limiting the generality of subsection (a) above, Company will not make any calls to any individual listed on any federal or state national Do-Not-Call (DNC) registry unless an exemption applies; Company will not use any lead information for purposes of determining a person’s eligibility for insurance, credit, employment or otherwise in any manner that violates the Fair Credit Reporting Act; Company have obtained any and all required licenses, permits, and other authorizations required by any law, regulation, or government or regulatory authority to conduct Company business as presently conducted, including o"ering and selling the products and services that are the subject of the lead; Company have disclosed the existence of any federal or state decrees, orders, or consent agreements, and any pending formal or informal government investigations, and Company further represents and warrants that if Company become involved or named in any action, investigation, complaint or other proceeding by or before any governmental or regulatory authority, or any private party, Company will immediately provide notice to ECHEZ of such action, investigation, complaint or other proceeding; and Company will ensure that Company employees, contractors and agents comply with the foregoing. Company authorizes ECHEZ to make a charge against the Company account pre-funded balance in the amount of the fees for Leads that are delivered to Company. Pre-funded balances will need to be replenished to maintain the balance at the required minimum amounts established by ECHEZ from time to time. ECHEZ reserves the right to not deliver leads in the event of an insufficient balance in the account. Purchases of Leads are not cancellable, and fees paid are not refundable. Company is not authorized to use any Leads that are not paid for. Leads and services are confidential information of ECHEZ. COMPANY AGREES NOT TO SHARE WITH OTHERS, LICENSE, RESELL, DISTRIBUTE OR OTHERWISE DISCLOSE ANY OR ALL OF THE LEADS OR SERVICES OR THE INFORMATION CONTAINED IN THEM, ALONE OR AS PART OF A LIST OR ANY OTHER DATA OR LEAD AGGREGATION, TO ANY THIRD PARTY FOR ANY PURPOSE, EXCEPT ONLY TO AN ENTITY ENGAGED BY YOU AS A CONTRACTOR FOR THE SOLE PURPOSE OF ASSISTING YOU IN CONNECTION WITH THE AUTHORIZED USE OF THE LEADS BY YOU.

Analytics Services. With respect to each purchase or receipt of Leads or Services, Company agrees and warrant that the use of the Leads and Services and any calls and other interactions with and information provided to consumers resulting from the Leads will comply with all applicable federal, state and local laws, statutes, rules and regulations, including without limitation, the Communications Act of 1934, as amended, the Telephone Consumer Protection Act (“TCPA”) and implementing regulations issued by Federal Communications Commission, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, and other federal and state laws and regulations governing the marketing, promotion, and/or sales of goods or services, including general consumer protection laws and regulations, or other consumer protection laws that prohibit unfair, deceptive, or misleading acts or practices; without limiting the generality of subsection (a) above, Company will not make any calls to any individual listed on any federal or state national Do-Not-Not- Call (DNC) registry unless an exemption applies; Company will not use any lead information for purposes of determining a person’s eligibility for insurance, credit, employment or otherwise in any manner that violates the Fair Credit Reporting Act; Company have obtained any and all required licenses, permits, and other authorizations required by any law, regulation, or government or regulatory authority to conduct Company business as presently conducted, including o"ering offering and selling the products and services that are the subject of the lead; Company have disclosed the existence of any federal or state decrees, orders, or consent agreements, and any pending formal or informal government investigations, and Company further represents and warrants that if Company become involved or named in any action, investigation, complaint or other proceeding by or before any governmental or regulatory authority, or any private party, Company will immediately provide notice to ECHEZ of such action, investigation, complaint or other proceeding; and Company will ensure that Company employees, contractors and agents comply with the foregoing. Company authorizes ECHEZ to make a charge against the Company account pre-funded balance in the amount of the fees for Leads that are delivered to Company. Pre-Pre- funded balances will need to be replenished to maintain the balance at the required minimum amounts established by ECHEZ from time to time. ECHEZ reserves the right to not deliver leads in the event of an insufficient balance in the account. Purchases of Leads are not cancellable, and fees paid are not refundable. Company is not authorized to use any Leads that are not paid for. Leads and services are confidential information of ECHEZ. COMPANY AGREES NOT TO SHARE WITH OTHERS, LICENSE, RESELL, DISTRIBUTE OR OTHERWISE DISCLOSE ANY OR ALL OF THE LEADS OR SERVICES OR THE INFORMATION CONTAINED IN THEM, ALONE OR AS PART OF A LIST OR ANY OTHER DATA OR LEAD AGGREGATION, TO ANY THIRD PARTY FOR ANY PURPOSE, EXCEPT ONLY TO AN ENTITY ENGAGED BY YOU AS A CONTRACTOR FOR THE SOLE PURPOSE OF ASSISTING YOU IN CONNECTION WITH THE AUTHORIZED USE OF THE LEADS BY YOU.

Analytics Services. With respect to each purchase or receipt of Leads or Services, Company agrees and warrant that the use of the Leads and Services and any calls and other interactions with and information provided to consumers resulting from the Leads will comply with all applicable federal, state and local laws, statutes, rules and regulations, including without limitation, the Communications Act of 1934, as amended, the Telephone Consumer Protection Act (“TCPA”) and implementing regulations issued by Federal Communications Commission, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, and other federal and state laws and regulations governing the marketing, promotion, and/or sales of goods or services, including general consumer protection laws and regulations, or other consumer protection laws that prohibit unfair, deceptive, or misleading acts or practices; without limiting the generality of subsection (a) above, Company will not make any calls to any individual listed on any federal or state national Do-Not-Call (DNC) registry unless an exemption applies; Company will not use any lead information for purposes of determining a person’s eligibility for insurance, credit, employment or otherwise in any manner that violates the Fair Credit Reporting Act; Company have obtained any and all required licenses, permits, and other authorizations required by any law, regulation, or government or regulatory authority to conduct Company business as presently conducted, including o"ering offering and selling the products and services that are the subject of the lead; Company have disclosed the existence of any federal or state decrees, orders, or consent agreements, and any pending formal or informal government investigations, and Company further represents and warrants that if Company become involved or named in any action, investigation, complaint or other proceeding by or before any governmental or regulatory authority, or any private party, Company will immediately provide notice to ECHEZ of such action, investigation, complaint or other proceeding; and Company will ensure that Company employees, contractors and agents comply with the foregoing. Company authorizes ECHEZ to make a charge against the Company account pre-funded balance in the amount of the fees for Leads that are delivered to Company. Pre-funded balances will need to be replenished to maintain the balance at the required minimum amounts established by ECHEZ from time to time. ECHEZ reserves the right to not deliver leads in the event of an insufficient balance in the account. Purchases of Leads are not cancellable, and fees paid are not refundable. Company is not authorized to use any Leads that are not paid for. Leads and services are confidential information of ECHEZ. COMPANY AGREES NOT TO SHARE WITH OTHERS, LICENSE, RESELL, DISTRIBUTE OR OTHERWISE DISCLOSE ANY OR ALL OF THE LEADS OR SERVICES OR THE INFORMATION CONTAINED IN THEM, ALONE OR AS PART OF A LIST OR ANY OTHER DATA OR LEAD AGGREGATION, TO ANY THIRD PARTY FOR ANY PURPOSE, EXCEPT ONLY TO AN ENTITY ENGAGED BY YOU AS A CONTRACTOR FOR THE SOLE PURPOSE OF ASSISTING YOU IN CONNECTION WITH THE AUTHORIZED USE OF THE LEADS BY YOU.