IMPORTANT PHONE NOTICE
The number of states with Do Not Call laws and the new national do-not-call program run and regulated by the Federal Trade Commission (FTC) and Federal Communications Commission (FCC) have impacted the telemarketing environment dramatically. The federal Do Not Call program is a strengthening of the Telephone Consumer Protection Act and the Telemarketing Sales Rule. Increased Federal and State focus on regulatory oversight and enforcement is expected to continue. The rules governing application of all do-not-call laws are becoming more complex. In some instances they apply to your customers or may present a definition of “customer” that differs from what your business traditionally regards as a customer. The application of state versus federal regulations varies based on where the call is made and to whom it is made. Each program has its own rules and regulations for application and compliance.

You should work with your internal counsel for interpretation of these laws as they apply to your telemarketing program(s). Please note that America's Lead Source products cannot be relied on as your sole method for legal compliance with state and federal regulations.

The current agreement governing the use of America’s Lead Source products and how suppression files are applied is included below.

Suppression Files. All America’s Lead Source Data products (“Products”) are built using Suppression Files appropriate for that Product, including the Direct Marketing Association’s Mail Preference Service and Telephone Preference Service files, e-mail suppression files, FTC DNC file and the state Attorneys General suppression files, to flag an individual consumer as having opted out of receiving marketing solicitations. Except with regard to Client’s customers, Client agrees to honor such consumers’ elections not to receive marketing solicitations in any use of the Data and in the event that Client does not honor such consumers’ choice not to receive marketing solicitations, America’s Lead Source may cease delivery of the Data and/or Services and/or terminate this Agreement immediately. Client acknowledges that America’s Lead Source does not guarantee that the names or telephone numbers of all such consumers have been flagged or removed from the Data supplied to Client hereunder. Client further acknowledges that it is Client’s sole responsibility to ensure that the most current suppression information has been applied to its files before such files are used for marketing and Client agrees to defend, indemnify and hold harmless America’s Lead Source due to Client’s failure to comply with its obligations set forth in this Section.

 
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