The following serve as guidelines for selling form leads to RingPartner.
By using RingPartner’s Form Lead API, You agree to sell such form leads in accordance with these guidelines. If at any time You have a question about these guidelines, please do not hesitate to reach out to Your RingPartner Account Manager!
You shall generate form lead data only via Your website(s), as have been approved in writing by RingPartner, and via other methods only as approved in writing by RingPartner, from consumers interested in that particular service/ product, and You shall deliver such lead data to RingPartner in accordance with the following:
(a) You shall ping RingPartner’s system with non-personally identifiable information with respect to lead data meeting RingPartner’s account parameters (“Ping Lead Data”);
(b) You agree that at the time You ping RingPartner’s system with the Ping Lead Data, if requested by RingPartner, You shall provide the number of times that the lead data has already been sold, the parties to which the lead data has already been sold, the number of times the lead data may be resold by RingPartner, and any other restrictions applicable to the lead data. In the event that You do not provide this information, such lead data shall be deemed exclusive and You may not sell such lead data to any other party; and
(c) Any lead posted to RingPartner shall include a valid TrustedForm verification URL, unless it has otherwise been agreed upon with RingPartner in writing to instead include a valid Jornaya token ID; and
(d) Any lead posted to RingPartner must include an accurate and complete URL for where the lead originated from.
2. LEAD DATA COMPENSATION
All pricing will be based on RingPartner’s reporting system. RingPartner will provide You with a login to RingPartner’s interface where You can review RingPartner’s calculation of the payments owing to You for the lead data purchased under this Agreement.
3. REPRESENTATIONS AND WARRANTIES
For any lead data sent to RingPartner by You, You represent and warrant that:
(a) You have obtained all required permissions for RingPartner Clients to contact a consumer regarding that particular service/ product (including but not limited to any requirements and permissions required under federal and state Do Not Call rules);
(b) Lead data will only be collected from consumers who have provided “prior express written consent” as defined in and required by the Telephone Consumer Protection Act and its implementing regulations adopted by the Federal Communications Commission, so that RingPartner and its Clients whom it sells such lead data to, may call any telephone or mobile phone numbers contained within the lead data for the purpose of providing the consumer with information regarding the product or service requested by the consumer, including but not limited to, through the use of artificial or prerecorded voice calls or an automatic telephone dialing system, as well as text and SMS;
(c) Such lead data is not derived from any autodialed call, text, prerecorded message, or outbound phone call or text with RingPartner’s prior written consent; and
(d) Within twenty-four (24) hours of request from RingPartner, You shall provide to RingPartner proof of prior express written signed consent for any lead data provided by You to RingPartner, which proof will include, in addition to all other information or evidence reasonably requested by RingPartner: (i) screenshots of the notification and consent language appearing on sources from which lead data was collected; (ii) the IP address of the source of the lead data; and (iii) the date and time stamp indicating the time the lead data was collected. Proof of prior express written consent will include an agreement, in writing, bearing the signature of the person in writing (which may be electronic as permitted by law) that clearly authorizes RingPartner to deliver or cause to be delivered to the individual advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice or via text and the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered. Proof of prior express written consent also will include a clear and conspicuous disclosure advising the person signing that: (a) by executing such agreement, such person authorizes RingPartner or its Client to deliver or cause to be delivered to the signatory telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice or SMS/text messages; and (b) the person is not required to sign the agreement (directly or indirectly), or agree to enter into such an agreement as a condition of purchasing any property, goods, or services.
You covenant and agree to indemnify and save harmless RingPartner, its parent company, subsidiaries, and their respective shareholders, directors, officers, and employees (collectively, the “Indemnified Group”) from and against any and all claims or judgments, including all associated legal fees, expenses and disbursements actually incurred, arising out of any breach of the Your covenants, representations and warranties, or the exercise by the Indemnified Group of any right under these guidelines, or any act or omission by You, any third party You may contract with to sell lead to RingPartner hereunder, (“Marketing Partner”) or anyone for whom You are in law responsible, including without limitation any damages, losses, or otherwise, arising in any manner (including those arising from or incidental to any liability or other lawsuit, claim, demand or other action brought) as a consequence of any act or omission by You, any Marketing Partner, or any person for whom You are in law responsible, whether or not the Indemnified Group or any of them are named as a party defendant in any such proceedings and whether or not the Indemnified Group or any of them are alleged to be negligent or otherwise responsible for any damage or injury to persons or property. You further agree that RingPartner may elect to participate as a party in any litigation involving a claim to the extent that the court may permit. Your obligation to defend and indemnify as set out in this paragraph will survive termination of this Agreement for any reason and will not be otherwise limited by any other term or condition of this or any Agreement.