1. Who you're dealing with
Thriving Leads is a marketing company. We run our own advertising to find consumers who ask to be contacted about life insurance, and we deliver their requests to licensed agents. We are not an insurance company, an insurance agency, or a licensed insurance producer. We don't sell insurance, quote rates, or give insurance advice.
The company you contract with, its state of organization and its address are stated in your order confirmation. By placing an order you accept these terms, our Returns policy and our Privacy policy.
2. Who can buy
Summary: licensed agents and agencies only, for business use.
You must be a licensed insurance producer or agency (or act for one), and hold an active license for the lines of insurance and every state you buy leads in. You'll keep those licenses active while you hold our leads, and tell us promptly if any lapses. We may ask for your NPN and verify it. Leads are sold for business use only.
3. Orders, prices and your prepaid balance
Summary: you prepay; leads are drawn from your balance; unused money comes back if you leave.
Prices, lead types, filters and quantities are set in your order confirmation. You prepay into a balance, and each lead delivered is charged against it at the agreed price. Nothing renews or charges automatically unless you turn on auto-reload in writing, and you can turn it off at any time.
Unused balance. You can close your account at any time. We refund any unused balance, including return credits, within 10 business days to the original payment method. Prices exclude any taxes that apply.
4. Delivery and volume
We deliver leads in real time to the CRM, email or phone you designate, within the filters you set. Volume depends on consumer demand in your states, so we don't guarantee a number of leads per day or week. You can pause or change filters at any time; changes apply to leads generated after we confirm them.
5. Exclusivity
Summary: one lead, one agency, never resold.
Each lead is sold to one buyer only. We never sell, share or resell a lead delivered to you to anyone else, fresh or aged, including leads you return. We keep lead and consent records only to meet legal record-keeping duties, respond to consumer requests, and defend claims.
6. Consumer consent
Each lead comes from a consumer who completed our request form and gave consent to be contacted about life insurance by a licensed agent. We record that consent with a TrustedForm certificate (or an equivalent third-party record), and we keep the consent language, timestamp, IP address and certificate for at least 5 years. You can request the record for any lead you bought, and we'll provide it within 2 business days.
Consent covers contact about the type of insurance the consumer asked about, by you, at the phone number and email they gave. It does not cover other products or other companies.
7. Your compliance responsibilities
Summary: you're responsible for how you contact and sell to consumers.
When you contact consumers from our leads, you will:
- Comply with the Telephone Consumer Protection Act, the FTC Telemarketing Sales Rule, state telemarketing and “mini-TCPA” laws (for example Florida's), calling-hour limits, and state insurance advertising, solicitation and replacement rules.
- Keep your own internal do-not-call list, and honor every request to stop calls or texts, made by any reasonable means, within 10 business days (sooner where a state requires it). Tell us about any opt-out so we can record it too.
- Contact consumers only about the type of insurance they asked about, and identify yourself and your agency truthfully.
- Not sell, share, rent or transfer leads to anyone else (members of your own agency who are licensed and bound by these terms are fine).
- Protect lead data with reasonable security, use it only to serve that consumer's request, delete it when you no longer need it, and tell us within 72 hours if lead data is breached.
You are solely responsible for the dialing, texting and CRM tools you use.
8. What we promise, and what we don't
We promise that leads are generated by our own advertising, that each consumer asked to be contacted and gave the consent described in section 6, and that we'll handle returns as our Returns policy says.
We don't promise that any consumer will answer, buy, qualify, or keep a policy. Except for what this section and section 6 expressly promise, the service is provided “as is”, and we disclaim implied warranties to the extent the law allows.
9. Responsibility for claims (indemnification)
Summary: each side covers the problems it causes.
We will defend you against, and pay any resulting damages and reasonable costs from, a third-party claim that a lead we delivered was generated without the consumer consent described in section 6. You will do the same for us for claims arising from how you or your agency contacted, marketed or sold to consumers, or from your breach of section 7. The party seeking protection must notify the other promptly and allow it to control the defense.
10. Limits on liability
Neither of us is liable to the other for lost profits or indirect, special or consequential damages. Except for the obligations in section 9 and for amounts you owe for leads, each party's total liability under these terms is limited to the amount you paid us in the 12 months before the claim arose.
11. Suspension and termination
Either of us may end the relationship at any time with notice by email. We may pause deliveries immediately if we reasonably believe your license has lapsed or that leads are being used in breach of section 7. On termination we refund your unused balance as described in section 3. Sections 5 to 10 and 12 survive termination.
12. Law and disputes
These terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. Before filing any claim, we'll both try in good faith for 30 days to resolve the dispute by email. Any lawsuit must be brought in the state or federal courts located in Wyoming, and each of us agrees to that jurisdiction.
13. The rest
These terms, your order confirmation, the Returns policy and the Privacy policy are the whole agreement between us about leads. If a provision is unenforceable, the rest still applies. Neither of us may assign this agreement without the other's consent, except to a successor of the whole business. We may update these terms by emailing you at least 14 days before the change; changes apply to leads delivered after that date. Notices go to the email addresses on file; ours is hello@getthrivingleads.com.