Nectar Terms of Service
Last Updated 09-27-2022
These Nectar Terms of Service (“Terms” or “Agreement”) set forth the terms and conditions pursuant to which Assurance IQ, LLC (“we”, “us”, or “Assurance”) may provide the Services to you (“you” or “your”). To be eligible to register for an account on the Platform (“Account”) in order to use the Services, you must review and accept these Terms by clicking on the “Accept” or other mechanism provided during the account creation process. If you are registering for an account in order to use the Services on behalf of an agency, brokerage, or other organization, then you are agreeing to these Terms for that organization and promising to Assurance that you have the authority to bind that organization to these Terms (and, in which case, the terms “you” and “your” will refer to that organization). The exception to this is if that organization has a separate written agreement with Assurance covering the use of the Services, in which case that agreement will govern such use.
PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED, THESE TERMSBECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND ASSURANCE. IF YOU DO NOTAGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE “I ACCEPT” BUTTONAND YOU SHOULD NOT USE THE SERVICES.
- Services Assurance agrees to provide you the Services pursuant to these Terms. You agree to pay Assurance for the Services in accordance with these Terms.
- Non-Exclusive Shopper Referrals You acknowledge and agree that Shopper Referrals delivered to you hereunder are not exclusive. Assurance (including its own licensed agents) may continue to market to such Shopper Referrals at its sole discretion. Notwithstanding the foregoing, for 30 days following the delivery of a Shopper Referral to you hereunder, Assurance will not sell that Shopper Referral to any third party.
- Prepayment To use the Services, you must pre-load a dollar amount into your Account via credit card or debit card. There may be a minimum or maximum to the amount you can load into your Account in any single transaction. The dollar value that you load into your account is a prepayment for the Services and will be usable only as payment for the Services in accordance with Section 3(c). The dollar value in your account is not insured by the Federal Deposit Insurance Corporation, does not earn interest, and is not redeemable for cash.
- Auto-Replenish Account You can choose to set up auto-reload within your Account. With automatic reload, you set the Account balance at which you want to reload your Account, specify the amount you would like automatically reloaded into your account at each such reload, and provide the necessary payment information. You can change your reload preferences at any time, but changes may not take effect immediately. By setting up automatic reload with your Account, you are thereby agreeing to have Assurance, without any further action or authorization from you, charge your credit or debit card in accordance with the reload criteria you have set.
- Pricing & Payment for Services The price (or price ranges) of each Shopper Referral will be set by Assurance on the Platform and will depend on the criteria each Shopper Referral satisfies. Such criteria are adjustable by you within your Account. By setting Shopper Referral criteria within your Account, you are thereby agreeing to the established price or price range (as displayed on the Platform) for any such Shopper Referrals delivered to you which satisfy the criteria. The price of each Shopper Referral will be automatically deducted from your account upon delivery of a Shopper Referral. Data Shopper Referrals are deemed delivered to you upon the posting of the Data Shopper Referral within your Account. Call Transfer Shopper Referrals are deemed delivered under the terms to be specified on the Platform. The outstanding unused dollars in your Account at any given time will be displayed in the Account.
- Refunds You agree to comply with the returns policy (“Returns Policy") located here. Except as otherwise agreed by Assurance, any payment deducted from your Account or a delivered Shopper Referral under Section 3(c) is nonrefundable if such Shopper Referral meets the criteria you have set within your account, which determination will be based upon the Consumer Information provided by the Shopper.
You have the option to request a refund at any time during the year if there is a credit balance on your account. All credit balances are offset with any known future balances due, and you are only eligible for a refund of any remaining credit balance. Please send any questions about a particular Shopper Referral and/or refund requests to us firstname.lastname@example.org.
Standards and Compliance
- Professionalism Standards You agree to maintain high standards of professionalism in your interactions with Shoppers, including, at a minimum, those standards identified in the “Professionalism & Compliance Standards” attached hereto as Exhibit A.
- Compliance with Law In your use of the Services(e.g. your outreach to Shoppers), you agree to strictly comply with all federal, state, or local laws, rules or regulations pertaining to this Agreement or the collection, distribution, or use of Consumer Information, including without limitation: all insurance regulations; all marketing regulations; particularly those pertaining to telemarketing; the California Business & Professions Code §17529; the Telemarketing Sales Rule, 16 C.F.R. Part 310 (“TSR”); the Telephone Consumer Protection Act (“TCPA”), 42 U.S.C. § 227; the National Do Not Call Registry, 16. C.F.R. Part 310; state Do Not Call List requirements; the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq.; the CAN-SPAM Act of 2003(as amended); and regulations and rules promulgated by the Federal Trade Commission, including those related to the Children’s Online Privacy Protection Act (“COPPA”) (collectively, “Applicable Laws”).
- Do Not Call Requests Assurance may receive do not call requests (“DNC Requests”) from Shoppers it has referred to you in the course of its own marketing to such Shoppers. Assurance will notify you of any such DNC Requests, either via email or directly via the Platform. You agree, immediately upon receipt of notice, to honor such DNC Requests by no longer contacting that Shopper. You acknowledge that you will be deemed to have knowledge of all DNC Requests 24 hours after Assurance has delivered the respective notice to you. You will not be refunded for any Shoppers for whom Assurance sends you a DNC Request.
Representations & Warranties In connection with this Agreement, you (on behalf of your agency and your agents) represent and warrant to Assurance as follows:
- You have the full right and legal authority to enter into and fully perform this Agreement in accordance with all terms on behalf of yourself or the organization on whose behalf you are registering for an Account.
- You currently hold, and will maintain in good standing, any license, certification, or registration (collectively, “License”) required for you to provide insurance agent services to Shoppers. You further agree that Assurance may review and audit your Licenses at any time to verify compliance with this Section.
- You will not attempt to purchase Shopper Referrals hereunder (e.g. by setting criteria within your Account) (i) from states in which you are not properly Licensed and (ii) for lines of insurance for which you are not properly Licensed.
- You shall not use Consumer Information for any purpose other than providing insurance agent services to Shoppers.
- YOU SHALL NOT RESELL, DISTRIBUTE, OR TRANSFER ANY SHOPPER REFERRALS OR CONSUMER INFORMATION, EXCEPT AS EXPLICITLY PERMITTED IN THIS AGREEMENT.
- You will not contact or attempt to contact any Shopper Referral that has been refunded to you under the Returns Policy.
- You shall not violate any Applicable Laws pertaining to this Agreement or your use of the Consumer Information, including the TCPA, TSR, and related regulations.
- Confidentiality Assurance may disclose, or you may otherwise have access to, Confidential Information in connection with the Services and your access to the Platform. As a condition to any provision of, or access to, Confidential Information, you agree to: (i) not access or use the Confidential Information other than as necessary to exercise your rights or perform your obligations under this Agreement; (ii) not use Confidential Information, directly or indirectly, in any manner detrimental to Assurance or to obtain any competitive benefit with respect to Assurance (except for providing insurance agent services to Shopper Referrals, as contemplated hereunder); (iii) not disclose or permit access to Confidential Information; and (iv) safeguard the Confidential Information from unauthorized use, access, or disclosure using at least the degree of care it uses to protect its similarly sensitive information and in no event less than a reasonable degree of care.
- Consumer Information You shall not disclose Consumer Information to any third party. Moreover, you shall comply with all Applicable Laws regarding your use of Consumer Information and the collection, handling, delivery, processing, and transmission thereof, including, without limitation: (1) those applicable to the use, unauthorized access, confidentiality and security of Consumer Information and (2) all laws applicable to telemarketing and email activities. You shall maintain appropriate physical, technical and organizational measures to protect all Consumer Information against accidental loss or unauthorized access, use, disclosure, alteration, or destruction.
- Intellectual Property Nothing contained in this Agreement shall be construed as granting you or conferring upon you any rights by license or otherwise in any Confidential Information, Marks, proprietary information, or intellectual property of Assurance, including Assurance’s intellectual property rights in the Platform. You agree that you will not, and will not help others, modify, reverse engineer, decompile, create other works from, or disassemble the Platform. Assurance’s logo and other product and service names (including the Nectar and GoNectar names and marks) are Assurance’s trademarks (the "Marks"). You agree not to display, reproduce, or otherwise use in any manner such Marks without our prior written permission from Assurance. You acknowledge and agree that Assurance owns the data gathered by Assurance on its web properties and the Platform.
- Indemnification You shall indemnify and hold harmless Assurance, its parent company, officers, directors, employees, affiliates, and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from a third-party claim, complaint, or cause of action (“Claim”) arising from or related to your use of the Services or your alleged or actual breach of these Terms. Assurance will provide prompt written notice of any such Claim and have the right to control the defense of any such Claim, including the selection and management of counsel. You shall reimburse Assurance for any legal or other expenses reasonably incurred in connection with its investigation and defense of such Claim, as such expenses are incurred.
No Warranty THE SERVICES, INCLUDING THEPLATFORM, ARE PROVIDED AS-IS AND ASSURANCE MAKES NO GUARANTEES THAT THEY WILLALWAYS BE ERROR-FREE OR THAT THEY WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, ORIMPERFECTIONS. FURTHERMORE, ASSURANCE MAKES NO REPRESENTATION OR WARRANTY WITHRESPECT TO THE VALUE OF, OR ANY RESULTS OBTAINABLE THROUGH (E.G. INSURANCEPOLICY SALES), THE SHOPPER REFERRALS DELIVERED TO YOU HEREUNDER. ASSURANCE DOESNOT REPRESENT OR WARRANT THAT A SHOPPER WILL RESPOND TO YOUR OUTREACH EFFORTS.ASSURANCE DOES NOT VERIFY THE ACCURACY OF THE CONSUMER INFORMATION PROVIDED BYSHOPPERS. BY PROVIDING YOU CONSUMER INFORMATION, ASSURANCE DOES NOT MAKE ANYREPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OF SUCH CONSUMER INFORMATION.
EXCEPT ASEXPRESSLY SET FORTH HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIEDHEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability IN NO EVENT SHALL ASSURANCEBE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIALDAMAGES FOR SYSTEM INTERRUPTIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF, ORIN CONNECTION WITH, THE AGREEMENT. ASSURANCE SHALL NOT BE LIABLE TO YOU FOR ANYCLAIM ARISING HEREUNDER FOR AN AMOUNT GREATER THAN THE AMOUNTS RECEIVED BYASSURANCE FROM YOU AS PAYMENT FOR SERVICES IN THE THREE (3) MONTHS PRECEDINGSUCH CLAIM (“LIABILITY LIMIT”).
- Term & Termination This Agreement will remain in effect so long as you continue to have an Account on the Platform. You may terminate this Agreement at any time by deleting your Account. Assurance may terminate this Agreement at any time without notice by deactivating or deleting your Account or otherwise notifying you of its desire to terminate this relationship, provided that Assurance will refund you any outstanding balance in your Account upon such termination.
- Effect of Termination Upon termination of this Agreement, the parties will be relieved of their respective further obligations, except that those pertaining to Sections 4, 5(d)-(g), and 6 - 13shall survive any termination of this Agreement.
- Amendment & Waiver Assurance reserves the right to change, modify, add or remove any portion of these Terms and/or its Returns Policy, in whole or in part, at any time. Notification of changes to these Terms and/or Returns Policy will be posted on the Platform and will be effective immediately after posting. Your use of the service following the posting of any such change, modification, or amendment to these Terms and/or Returns Policy will constitute your acceptance of the updated Terms and/or Returns Policy. No waiver will be effective unless explicitly set forth in writing and signed by the waiving party. No failure to or delay in the exercise of any right, remedy, power, or privilege will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
- Independent Contractors The relationship between the parties is that of independent contractors. Nothing contained in this Agreement will be construed as creating any agency, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party will have authority to contract for or bind the other party in any manner whatsoever.
- Entire Agreement This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
- No Assignment You may not assign or otherwise transfer any of your rights, or delegate or otherwise transfer any of your obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise. Any purported assignment, delegation, or transfer is void. You may not allow any other person to use your Account.
- No Other Beneficiaries This Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express, or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement.
- Severability If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, that invalidity, illegality, or unenforceability will not affect any other term or provision or invalidate or render unenforceable that term or provision in any other jurisdiction.
- Headings Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
- Notices Any notices or other correspondence related hereto that you wish to send to Assurance shall be sent to email@example.com. Assurance may deliver all notices or other correspondence related hereto by posting such notice or correspondence on the Platform, within your Account, or sending such notice or correspondence to the email address you have provided.
- Electronic Signatures You acknowledge and agree that by clicking on the “I Agree” (or any similar) button when prompted to accept these Terms as part of your Account creation, you are thereby submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the Agreement. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
- PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE.
Arbitration of Disputes/Class Action, Collection Action and Representative Action Waiver Any dispute that arises out of or is related to this Agreement or your use of the Platform, shall be submitted to binding arbitration. You hereby waive your right to take part in any class, representative or collective action. To the maximum extent permitted by law, the parties agree that all claims covered by this arbitration agreement will be pursued in an individual claimant proceeding and not as part of a representative, collective or class action. This Agreement will be governed by the Federal Arbitration Act (FAA) and enforced in in accordance with the FAA. The arbitration will be conducted by a mutually agreeable arbitration service or, if no mutual agreement can be reached, by JAMS. The arbitration shall be conducted by a single arbitrator selected by you from three arbitrators proposed by Assurance. Either party may bring an action in a court of competent jurisdiction to compel arbitration under this Agreement or to enforce or vacate an arbitration award. You may opt out of this arbitration agreement by notifying Assurance of your desire to opt out of the arbitration agreement in a writing that is dated, hand-signed and delivered by mail to Assurance IQ, LLC, Attention: Chief Legal Officer, 9205th Ave, Suite 3600, Seattle, WA 98104. This signed writing must be postmarked within 30 days of the date this Agreement is executed by you to be valid.
Professionalism & Compliance Standards
Assurance requires that you maintain high standards of professionalism and compliance in your outreach to and interactions with Shoppers, as follows:
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