Shockwave Digital Agency - General Terms of Use HERE

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This Lead Purchase & Compliance Agreement (“Agreement”) is entered into by and between Shockwave Digital Agency (“Agency,” “we,” “us,” or “our”) and the purchasing entity (“Purchaser,” “Buyer,” or “Client”) governing the purchase, delivery, handling, and use of consumer leads provided by Agency.

By purchasing, receiving, or using any leads from Agency, Purchaser agrees to the following terms.

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1. DEFINITIONS

“Lead” means consumer contact information and related data submitted through Agency marketing channels indicating interest in services offered by Purchaser.

“Exclusive Lead” means a lead delivered solely to Purchaser and not intentionally resold by Agency within the defined delivery period.

“Lead Runtime” means the contracted time period during which leads are delivered.

“Applicable Privacy Laws” include but are not limited to:

• Telephone Consumer Protection Act (TCPA)

• CAN-SPAM Act

• General Data Protection Regulation (GDPR)

• California Consumer Privacy Act / CPRA (CCPA)

• State privacy and telemarketing laws

• Applicable Bar Association and attorney advertising rules

 

2. CONSENT & TCPA COMPLIANCE REPRESENTATION

Agency represents that:

• Leads are collected through opt-in submission processes.

• Consumers provide prior express written consent to be contacted.

• Consent includes authorization for calls, texts, and emails where applicable.

• Consent disclosures clearly state marketing intent.

• Agency maintains records of consent including timestamps, IP data, and source documentation.

• Consent records are retained for a minimum of four (4) years.

Agency does not guarantee consumer eligibility for legal claims or case qualification.

 

3. PURCHASER COMPLIANCE RESPONSIBILITIES

Purchaser agrees to:

• Comply with all Applicable Privacy Laws.

• Use leads solely for lawful business purposes.

• Follow TCPA calling and messaging requirements.

• Comply with CAN-SPAM email requirements.

• Maintain internal do-not-call compliance procedures.

• Honor consumer opt-out requests.

• Ensure all outreach complies with state bar advertising rules.

• Not resell, transfer, or distribute lead data without lawful basis.

Purchaser assumes full responsibility for all communications with consumers.

 

4. ATTORNEY ADVERTISING & LEGAL ETHICS DISCLAIMER

Agency:

• Is not a law firm.

• Does not provide legal advice.

• Is not a lawyer referral service.

• Does not recommend specific attorneys.

• Does not create attorney-client relationships.

Purchaser is solely responsible for compliance with:

• State bar rules

• Attorney advertising regulations

• Fee-sharing restrictions

• Professional conduct requirements

 

5. DATA PRIVACY & PROCESSING (GDPR / CCPA)

5.1 Roles

• Agency acts as a data controller or service provider for initial collection.

• Purchaser becomes an independent controller upon receipt.

 

5.2 Lawful Processing

Purchaser shall process data only for lawful purposes and maintain appropriate legal basis.

5.3 Consumer Rights

Purchaser agrees to honor:

• Access requests

• Deletion requests

• Opt-out requests

• Data correction requests

5.4 Data Transfers

Purchaser acknowledges data may be processed in the United States.

 

6. DATA SECURITY & HANDLING

Agency implements commercially reasonable safeguards for lead transmission and storage.

Purchaser agrees to:

• Maintain reasonable data security measures

• Protect personal information

• Prevent unauthorized access

• Notify Agency of any data breach involving Agency-provided leads

 

7. LEAD DELIVERY & EXCLUSIVITY

• Leads are delivered in real-time or near real-time.

• Leads are exclusive to Purchaser unless otherwise specified.

• Agency does not guarantee conversion or retention.

• Duplicate submissions or consumer error do not constitute breach.

 

8. DATA ACCURACY DISCLAIMER

Agency does not warrant:

• Accuracy of consumer statements

• Eligibility for legal claims

• Consumer financial status

• Case outcomes

• Conversion rates

All leads are provided “as-is.”

 

9. PROHIBITED USES

Purchaser shall not:

• Harass consumers

• Misrepresent services

• Use deceptive practices

• Use automated dialing in violation of law

• Use data for unlawful targeting

• Sell or distribute data unlawfully

 

10. AUDIT & CONSENT VERIFICATION

Upon reasonable request, Agency may provide consent verification documentation where available. Purchaser agrees not to use such documentation for competitive or unrelated purposes.

 

11. DATA RETENTION

Purchaser shall retain lead data only as long as reasonably necessary for business purposes or legal obligations and shall securely delete data when no longer required.

 

12. INDEMNIFICATION

Purchaser agrees to defend, indemnify, and hold harmless Agency from any claims arising from:

• Purchaser’s use of leads

• Purchaser’s violation of privacy laws

• Improper consumer contact

• Regulatory enforcement actions

• Attorney advertising violations

• Purchaser communications with consumers

 

13. LIMITATION OF LIABILITY

Agency shall not be liable for:

• Consumer actions

• Purchaser communications

• Case outcomes

• Lost revenue

• Indirect or consequential damages

 

Maximum liability shall not exceed fees paid for the applicable lead program.

 

14. BREACH & TERMINATION

Agency may suspend or terminate lead delivery if Purchaser violates this Agreement or applicable law.

 

15. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Delaware.

 

16. ENTIRE AGREEMENT

 

This Agreement supplements Agency Terms of Use and Privacy Policy and governs all lead purchases.

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Shockwave Digital Agency
Dover, Delaware 19901
Legal@swdagency.us
866-768-3007