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. – REPRESENTATIONS & WARRANTIES

Shockwave Digital Agency (“Agency”) represents and warrants that:

1. Legal Compliance (Pre-Delivery):
   Agency’s lead generation activities, including the collection and initial transmission of lead data prior to delivery to Client, are conducted in material compliance with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, General Data Protection Regulation (GDPR), and the California Consumer Privacy Act/California Privacy Rights Act (CCPA/CPRA), to the extent applicable.

2. Consent & Opt-In Standards:
   All leads provided by Agency are generated through legally sufficient notice and consent mechanisms, including express written consent where required by law for contact via telephone, text message, and/or email.

3. No Known Violations:
   Agency is not aware of any material violations of applicable marketing or data privacy laws in connection with the generation of leads delivered under this Agreement.

4. Data Collection Practices:
   Agency utilizes commercially reasonable practices to ensure that consumer data is collected transparently, with appropriate disclosures regarding use, sharing, and contact.

 

Section 3 – AGENCY COMPLIANCE RESPONSIBILITY & INDEMNIFICATION

3.1 Compliance Responsibility (Pre-Delivery Scope)

Agency shall be responsible for compliance with applicable laws and regulations, including but not limited to TCPA, CAN-SPAM, GDPR, and CCPA/CPRA, solely with respect to the collection, generation, and initial transmission of leads prior to delivery to Client.

 

3.2 Agency Indemnification

Agency agrees to defend, indemnify, and hold harmless Client, its officers, directors, employees, and agents from and against any third-party claims, demands, damages, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising directly from:

• (a) Agency’s material breach of its representations and warranties set forth in Section 2; or

• (b) Agency’s failure to comply with applicable laws in connection with the generation or collection of leads prior to delivery to Client.

 

3.3 Scope Limitation

The obligations set forth in this Section shall apply only to acts or omissions occurring prior to the delivery of leads to Client. Agency shall have no responsibility or liability for:

• Client’s use of leads after delivery

• Client’s contact methods, messaging, or outreach practices

• Client’s data storage, handling, or sharing practices

• Any failure by Client to comply with applicable laws or regulations

 

3.4 Client Responsibility (Post-Delivery)

Client acknowledges and agrees that it is solely responsible for ensuring that all communications, follow-up activities, and data handling practices conducted after receipt of leads comply with all applicable laws and regulations.

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4. 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.

 

5. 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

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.

HOW AGENCY KEEPS CONSUMER INFORMATION SAFE?

In Short: We aim to protect personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect personal information, transmission of personal information to and from our Services is at users own risk. Only access the services within a secure environment.

 

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.

 

 

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

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