Common use of Unsolicited Contacts Clause in Contracts

Unsolicited Contacts. 1. Except as otherwise specified in the Agreement, the ACO may use and may permit its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities to conduct Marketing Activities through unsolicited direct contact with Beneficiaries using conventional mail and other print media or email, provided that Beneficiaries are given an opportunity to opt-out of subsequent unsolicited contacts. 2. The ACO is prohibited and shall prohibit its Participant Providers, Preferred Providers, and other individuals or entities performing functions or services related to ACO Activities or Marketing Activities from using Marketing Materials and conducting Marketing Activities through the use of door-to-door solicitation, including leaving information such as a leaflet or flyer at a residence, approaching Beneficiaries in common areas, such as parking lots, hallways, lobbies, sidewalks, or using telephonic solicitation, including text messages and leaving voicemail messages. This restriction does not apply to solicitation in common areas of a health care setting, which is subject to the limitations of paragraphs (3) through