1. This Vendor Compliance Agreement, as amended from time-to-time (the “Agreement”), is made by and between Bridge Legal Ventures LLC and its subsidiaries (referred to as “Bridge Legal” or the “Company”) and You (“You” or the “Affiliate” or “Vendor”) (collectively referred to as “Parties”).
2. Vendor shall comply with any and all applicable local, state or federal laws, rules and regulations, including those governing marketing on behalf of law firms/attorneys (collectively the “Applicable Laws”) pertaining to its activities undertaken pursuant to any agreement between Bridge Legal Ventures LLC and its subsidiaries (“Bridge Legal”) and Vendor.
3. Vendor agrees to comply with the Telephone Consumer Protection Act (TCPA).
4. Vendor shall not use any autodialed and/or pre-recorded calls or auto generated text messages that are sent or made to cell phones; and for pre-recorded calls made to residential land lines for any purposes, without first obtaining proper consent from the consumers and must be in compliance with the TCPA.
5. Vendor agrees that consumer consent must include, but not be limited to, a clearly and conspicuously placed disclosure (for example, not simply in a terms weblink, but also directly on the homepage or lead collection page of the website in close proximity and readable font to the lead entry point) that the consumer who is submitting their information agrees and consents to receive return telephone calls through the use of an “autodialer” from Vendor and / or Bridge Legal, and that consent to receive such calls “is not an obligation for consumer to request our services.” The consent must be affirmatively consented to, such as through the use of an open-checkbox or other means that demonstrates express consent based on clear and conspicuous disclosures, and a screenshot and IP address (or other recordable proof) that is provided to Bridge Legal and maintained for at least four years in an easily searchable format. Vendor acknowledges and understands that consumers may revoke their consent to receive autodialer initiated calls by and through reasonable means at reasonable times; in the event a consumer elects to revoke said consent, Vendor will remove consumer name and number from their system and place said consumer on Vendor’s internal Do Not Call List.
6. Vendor shall display in immediate proximity to any landing page and electronic lead slip or other consumer data-gathering method, a clear disclosure advising consumers that by entering information in the electronic promotion, the consumer “expressly requests” to receive a return telephone call from Bridge Legal or a Bridge Legal contracted third party related to its services. The disclosure must be displayed clearly and conspicuously, on both electronic lead slips and in all other lead generation conducted by Vendor on behalf of Bridge Legal. All websites must have accurate and current terms and conditions as well as privacy policies consistent with federal law. They must also contain full customer service contact information.
7. Vendor complies with the federal CAN-SPAM law[1], state marketing counterparts, state and federal trade practice rules, and all Federal Trade Commission Guidelines relating to internet and email marketing, including but not limited to the “FTC’s Dot.Com Disclosures- Information on Online Advertising” and the FTC’s Advisory Opinion Letter on application of the Express Business Relationship and all other related publications found on ftc.gov.
8. Vendor agrees not to use any marketing, including scripts or branding/logos that in any way identify Bridge Legal or any of Bridge Legal’s law firm clients without first obtaining Bridge Legal’s written approval after sharing the proposed marketing materials with Bridge Legal.
9. Vendor agrees not to incentivize or pay any sort of kickback to consumers it interacts with on behalf of Bridge Legal, and will not directly solicit clients who it is aware may have a particular need for services.
10. Vendor agrees not to make any false or misleading statements or refer to Bridge Legal as an expert/specialist in a particular area of law. Vendor acknowledges that Bridge Legal is not a law firm and is not providing legal advice.
11. Vendor further agrees that it will provide interactive opt-out mechanisms which will be announced at the onset of any pre-recorded or autodialed message, and that such will be available throughout the duration of the call, and further that Vendor will keep and maintain records of “abandoned calls” and average no more than 3% of “abandoned calls” for each advertising or marketing campaign over a given thirty (30) day period. Vendor will strictly comply with all other requirements of the TCPA, including but not limited to the prohibition against transmitting pre-rerecorded audio or text messages to consumers without first obtaining their express written consent in a manner satisfactory and pre-approved in writing by Bridge Legal.
12. Vendor does not make any unsolicited outbound telemarketing phone calls, or robocalls.
13. If there is any language in associate agreements between Vendor and Bridge Legal that contradicts this Agreement, the provisions herein shall govern.
[1] Without limitations, compliance with CAN-SPAM laws includes:
1.Subject line must be accurate and not deceptive
2. Text of email must be accurate and not deceptive
3 Body of email must contain sending company’s name and physical address. (no PO Boxes)
4. Body of email must have a working opt-out link, to easily allow opt-out. (Bridge Legal may email market anyone or any company until they opt-out or request (in any manner) that Bridge Legal stops.)
5. Bridge Legal cannot use IP address tricks, deviations (meaning routing the email through multiple servers to hide or avoid spam blockers), or flooding a company or person with emails to be harassing.
Vendor will not e-mail a consumer who may reside in California any solicitation unless such consumer has consented to receive e-mails from Vendor (and Bridge Legal if Bridge Legal is referenced in the e-mail) or unless the consumer has engaged in business with Vendor or Bridge Legal.
