These Terms of Service (“Terms”) govern access to and use of the Ulti Brands marketplace, websites, lead and inbound-call purchasing services, delivery technology, analytics, and related services provided by Ulti Brands LLC (“Ulti Brands,” “we,” “us,” or “our”). By creating an account, purchasing a lead or inbound call, submitting payment, accepting these Terms electronically, or otherwise using the marketplace, you agree to these Terms and the Ulti Brands Privacy Policy.
01 Business-to-Business Marketplace
Ulti Brands operates a business-to-business marketplace for insurance marketing opportunities, including consumer data leads and inbound consumer calls (“Marketplace Products”). The marketplace is intended for legitimate businesses and professionals, including licensed insurance agents, agencies, IMOs, FMOs, call centers, distributors, and other approved buyers. You represent that you are acting for business purposes, have authority to bind the purchasing entity, and maintain all licenses, appointments, registrations, and approvals required for your activities.
02 Marketplace Products
Marketplace Products may include IUL, life, final expense, whole life, term life, mortgage protection, under-65 health, ACA, Medicare, annuity, and other approved insurance campaigns. Products may be delivered as exclusive or shared data leads, OTP or otherwise verified leads, aged leads, inbound calls, live transfers, warm transfers, or other formats identified at checkout or in written campaign terms.
03 Inbound Calls and Transfers
An “Inbound Call” is a consumer-initiated or consumer-connected telephone call routed or transferred to a buyer under the applicable campaign specifications. A “Live Transfer” or “Warm Transfer” is a call in which a consumer is connected to the buyer after qualification or other routing steps specified for the campaign. Billability may be based on a connected call, qualified call, minimum duration, payable duration, geography, product intent, hours, duplicate rules, IVR or qualification responses, or other criteria. The applicable checkout page, order confirmation, insertion order, or written campaign terms control the definition of a billable call. Unless expressly stated, Ulti Brands does not guarantee call duration, qualification, sale, application, policy issuance, or conversion.
04 Orders and Campaign Terms
Each order is governed by the commercial terms displayed at checkout or otherwise confirmed in writing, including product, lead or call type, states, quantity or call volume, rate, schedule, delivery or routing method, filters, exclusivity, qualification criteria, return or credit rules, and other specifications. Ulti Brands may reject, pause, modify, or cancel future delivery based on inventory, compliance, payment, technical, quality, or business considerations.
05 Pricing and Payment
Marketplace pricing may vary by product, geography, lead type, call type, verification method, exclusivity, quantity, source, qualification criteria, duration, and inventory. Marketplace purchases may require prepayment unless invoiced terms are expressly approved. Approved invoiced accounts may be subject to Net 30 or other written terms. Buyers authorize applicable charges through the selected payment method and remain responsible for valid billable Marketplace Products delivered under the applicable order.
06 Delivery and Routing
Data leads may be delivered by email, CRM, API, webhook, marketplace portal, GoHighLevel, Ping/Post, or another approved method. Calls may be routed to buyer-provided telephone numbers, call centers, IVRs, SIP or telephony endpoints, or other approved destinations. Buyers are responsible for keeping delivery endpoints, routing numbers, schedules, CRM credentials, and technical configurations accurate and operational.
07 No Guarantee of Results
Purchasing a lead or call does not guarantee contact, call duration, appointment, qualification, insurance eligibility, underwriting approval, application, sale, issued policy, premium, commission, persistency, or return on investment. Historical performance, benchmarks, analytics, projections, or examples are informational and are not guarantees of future results.
08 Buyer Compliance Responsibilities
Each buyer is solely responsible for its downstream communications, insurance sales activities, licensing, carrier appointments, calling and texting practices, email practices, dialer configuration, suppression procedures, recordkeeping, privacy compliance, data security, and agent or call-center conduct. Buyers must comply with applicable federal and state laws and regulations, including as applicable the TCPA, Telemarketing Sales Rule, Do-Not-Call requirements, CAN-SPAM, state insurance laws, privacy laws, and consumer-protection requirements.
09 Consent and Call Records
Where available or required for a campaign, Ulti Brands or its suppliers may maintain or provide consent and source evidence such as TrustedForm Certificate URLs, Jornaya LeadIDs, timestamps, IP addresses, landing-page information, consent language, source identifiers, call recordings, call detail records, caller or routing information, qualification responses, and disposition data. Availability varies by campaign. Buyers are responsible for retaining records required for their own downstream activities.
10 Returns, Credits, and Call Disputes
Return and credit rules are campaign-specific. Unless different terms are stated for a particular campaign, data-lead return requests must be submitted within 72 hours of delivery with sufficient supporting information. Inbound-call disputes must be submitted within the period and for the reason codes stated in the applicable campaign terms. Potential call credits may include demonstrable technical failure, duplicate calls within an agreed lookback, calls outside approved geography or schedule, calls failing an agreed minimum billable duration or qualification criterion, or fraud. A consumer declining to buy, failing underwriting, or failing to convert is not by itself grounds for credit.
11 Lead Resale and Call Redistribution
Unless expressly authorized in writing, buyers may not resell, publicly post, license, or redistribute consumer lead data to unrelated third parties. Buyers may provide Marketplace Products to authorized employees, licensed agents, call-center personnel, contractors, CRM providers, and service providers as reasonably necessary to work the opportunity, subject to appropriate privacy, confidentiality, security, and legal obligations.
12 Data Security
Buyers must maintain reasonable administrative, technical, and physical safeguards for consumer information and marketplace credentials. Buyers must investigate and mitigate suspected unauthorized access or disclosure and notify Ulti Brands without unreasonable delay when an incident materially affects Marketplace Products supplied by Ulti Brands.
13 LeadsIQ, Analytics, and Dispositions
Where enabled, Ulti Brands may receive and analyze lead and call dispositions, contact attempts, call outcomes, appointments, applications, sales, policies, call duration, recordings or quality indicators, and other campaign-performance information to operate the marketplace, score sources, prevent fraud, improve routing and quality, provide reporting, and optimize performance.
14 Suspension and Termination
Ulti Brands may suspend or terminate marketplace access or delivery for nonpayment, chargebacks, fraud, data misuse, consumer complaints, regulatory concerns, unlawful communications, security concerns, false information, abuse of credit policies, marketplace manipulation, or material compliance or reputational risk. Termination does not eliminate obligations for Marketplace Products already delivered or provisions intended to survive.
15 Third-Party Services
The marketplace may integrate with payment processors, CRMs, telephony providers, call-routing platforms, data providers, compliance services, and other third-party services. Those services may have separate terms and privacy practices. Ulti Brands is not responsible for third-party outages or independent acts outside its reasonable control.
16 Confidentiality and Non-Circumvention
Nonpublic pricing, campaign specifications, source information, buyer information, technology, analytics, and business processes must be protected using reasonable care. A buyer may not knowingly use Ulti Brands’ confidential introduction to bypass Ulti Brands and directly establish substantially the same commercial relationship with a specifically introduced nonpublic source or partner for twelve months following the applicable introduction or last applicable delivery, subject to documented pre-existing and independently sourced relationships.
17 Disclaimer and Limitation of Liability
To the fullest extent permitted by law, the marketplace and Marketplace Products are provided on an “as is” and “as available” basis. Ulti Brands disclaims warranties not expressly stated. Ulti Brands will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits or commissions. Except for obligations that cannot legally be limited, Ulti Brands’ aggregate liability arising from a particular order will not exceed the amount actually paid for the Marketplace Products giving rise to the claim.
18 Buyer Indemnification
The buyer will defend, indemnify, and hold harmless Ulti Brands LLC and its affiliates, officers, directors, employees, contractors, and service providers from third-party claims, regulatory proceedings, penalties, damages, settlements, costs, and reasonable attorneys’ fees arising from the buyer’s unlawful downstream use of lead or call information, communications, insurance sales activities, licensing failures, privacy violations, breach of these Terms, or acts of persons to whom the buyer provides access.
19 Electronic Acceptance and Campaign Changes
Electronic acceptance, online checkout, electronic signatures, invoices, and confirmed email communications are enforceable to the fullest extent permitted by law. Operational and commercial campaign details may be established or modified through checkout, order confirmation, insertion order, invoice, or confirmed email communication.
20 Privacy Policy
The Ulti Brands Privacy Policy is incorporated into these Terms by reference and is available at https://ulti-brands.com/privacy-policy.
21 Governing Law and Venue
These Terms are governed by Florida law. Any legal action arising from these Terms or the marketplace will be brought in the state or federal courts having jurisdiction in Orange County, Florida, and the parties consent to jurisdiction and venue there.
22 Changes to These Terms
Ulti Brands may update these Terms periodically. The Effective Date identifies the current version. Material changes may be communicated through the marketplace, account notice, email, or another reasonable method. Continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law.
23 Contact
Questions concerning these Terms may be submitted through the contact method identified on the Ulti Brands website or through the marketplace support channel. Billing inquiries may be directed to [email protected].