Referral Partner Agreement
Referral Partner Agreement
ACCEPTANCE OF REFERRAL TERMS
BY CLICKING THE BOX INDICATING ACCEPTANCE OR THE BUTTON STATING “I AGREE TO THE TERMS,” THE REFERRAL PARTNER ACKNOWLEDGES AND AGREES THAT: (I) THEY HAVE READ, UNDERSTOOD, AND ACCEPT THESE TERMS IN FULL; (II) IF AN INDIVIDUAL, THIS AGREEMENT IS A VALID, BINDING, AND ENFORCEABLE CONTRACT; AND (III) IF AN ENTITY, THE INDIVIDUAL ACTING ON ITS BEHALF REPRESENTS AND WARRANTS THAT THEY HAVE FULL AUTHORITY TO BIND SUCH ENTITY, INCLUDING ITS AFFILIATES, TO THIS AGREEMENT.
IF THE REFERRAL PARTNER LACKS SUCH AUTHORITY OR DOES NOT AGREE TO THESE TERMS, THEY MAY NOT REGISTER, PARTICIPATE, OR ACCESS OR USE THE WEBSITE.
THIS AGREEMENT IS EFFECTIVE AND BINDING UPON THE REFERRAL PARTNER AND JF INSURANCE LLC OR COMPANY (as defined hereinafter) AS OF THE DATE AND TIME OF ELECTRONIC ACCEPTANCE, WHICH SHALL HAVE THE SAME FORCE AND EFFECT AS A SIGNED CONTRACT.
JF INSURANCE LLC MAY AMEND OR UPDATE THESE TERMS AT ANY TIME BY POSTING THEM ON THE WEBSITE. CONTINUED PARTICIPATION AFTER SUCH POSTING CONSTITUTES IRREVOCABLE ACCEPTANCE OF THE UPDATED TERMS.
1. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings set forth below. Any capitalized terms not defined herein shall have their generally accepted meaning in the context of this Agreement.
1.1 “Agreement” means these terms, as may be amended, modified, or updated by the Company from time to time.
1.2 “Applicable Laws” means all federal, state, and local laws, statutes, rules, regulations, ordinances, industry codes, and governmental or regulatory orders, including but not limited to the Telephone Consumer Protection Act, 47 U.S.C. § 227, and implementing regulations (“TCPA”), Federal Trade Commission and Federal Communications Commission rules, Do Not Call Registry rules, CAN-SPAM Act, state telemarketing and marketing laws, as well as all applicable privacy, data protection, and consumer protection laws.
1.3 “Company” means JF Insurance LLC, mailing address- 9314 Forest Hill Blvd Suite 646 Wellington, Florida, 33411, USA, including its affiliates, successors, and assigns.
1.4 “Effective Date” means the date on which the Referral Partner accepts this Agreement by clicking the box indicating acceptance on the Website, which electronic acceptance shall have the same force and effect as a physically signed agreement.
1.5 “Fees” means the consideration payable by the Company to the Referral Partner in accordance with the terms of this Agreement and as further set forth by the Company on the Website or in specific referral program guidelines.
1.6 “Qualified Lead” means a potential customer who (i) accesses the Website through a unique referral link generated by the Referral Partner, (ii) accurately completes and submits the referral intake form on the Website, (iii) expressly provides the Company with all consents and authorizations required under the TCPA and other Applicable Laws to be contacted for marketing purposes, and (iv) is not listed on any applicable Do Not Call Registry or otherwise ineligible under Applicable Laws.
1.7 “Referral” means the act of introducing or directing a potential customer to the Website through a referral link generated by the Referral Partner pursuant to this Agreement.
1.8 “Referral Partner” means the individual, entity, corporation, or organization that has accepted this Agreement, whether in their individual capacity or on behalf of a principal or organization, and that participates in the referral program subject to these Terms and Conditions.
1.9 “Website” means the Company’s web portal currently accessible at www.homeinsuranceflorida.com, including any replacement, successor, or affiliated sites through which the referral program is operated.
1.10 “Website Link” means the unique referral link generated by the Referral Partner through the Website, enabling tracking of Referrals and identification of Qualified Leads.
2. REFERRAL PROCESS
2.1 Steps to Generate a Qualified Lead
In order for a Referral to qualify as a “Qualified Lead” eligible for Fees, the Referral Partner must adhere to the following process:
a) Consent: Prior to sending the Website Link, the Referral Partner must ensure that the customer has voluntarily agreed to receive a referral communication and is not listed on any prohibited registry or suppression list (DNC) under Applicable Laws.
b) Share Website Link: The Referral Partner shall send the unique Website Link, generated through the Website, directly to the consenting customer via a legally compliant communication method.
c) Customer Form Completion: The customer must access the designated customer facing website (currently www.homeinsuranceflorida.com), available through the Website Link and accurately complete the referral intake form available therein, with all requested information, if applicable to the customer. It is clarified that the Company shall provide the referral intake form for the Referral Partner to procure required consent from the customer under Applicable Laws, on account of the Referral Partner’s existing relationship with the customer.
In certain cases and as an alternative to point (c), the Company may require the Referral Partner to fill and submit an intake form requiring basic contact details.
d) Customer Consents: As part of form submission, the customer must provide the clear, express, and documented consent required under TCPA and other Applicable Laws to be contacted by the Company (including via automated dialling or pre-recorded messages, where applicable).
e) Verification by Company: The Company shall verify that the customer is not listed on the National Do Not Call Registry, any state DNC list, or any internal suppression list before designating them as a Qualified Lead.
f) Acceptance of Lead: Only once the above steps are completed and verified will the referral be deemed a Qualified Lead and eligible for Fees under Section 4.
3. OBLIGATIONS OF REFERRAL PARTNER
3.1 Compliance with Applicable Laws
The Referral Partner shall, at all times, comply with all Applicable Laws, including but not limited to the TCPA, the CAN-SPAM Act, state telemarketing laws, applicable data privacy laws, consumer protection statutes, and Do Not Call Registry requirements. The Referral Partner expressly acknowledges and agrees that strict compliance with the TCPA and all related regulations is a fundamental condition of this Agreement.
3.2 Consent and Representations to Customers
The Referral Partner shall not send, transmit, or otherwise communicate any referral Website Link to any customer without obtaining the customer’s prior, informed, and documented consent as required by Applicable Laws. The Referral Partner shall ensure that all Referrals made under this Agreement:
a) are directed only to customers who have voluntarily provided legally binding and adequate consent;
b) comply fully with TCPA requirements for prior express written consent where applicable;
c) are not sent to any customer listed on the Do Not Call Registry, any state DNC list, or any internal Company suppression list; and
d) are free of spam, fraudulent activity, or deceptive practices prohibited under Applicable Laws.
3.3 Use of the Website and Website Link
The Referral Partner shall use the Website and the Website Link solely in accordance with this Agreement and the Company’s policies. The Referral Partner shall not manipulate the Website Link, use bots or automated tools to generate Referrals, or present the Company as endorsing any unauthorized communications or materials.
3.4 Accuracy of Referrals
The Referral Partner shall ensure Referrals are accurate, genuine, and made in good faith, and shall not knowingly submit false, duplicate, or fabricated leads.
3.5 Recordkeeping
The Referral Partner shall maintain auditable records of all consents, form submissions, and customer interactions related to Referrals. Such records shall be produced to the Company immediately upon request and retained for at least four (4) years following the date of each Referral, or as required under Applicable Laws.
3.6 Prohibited Conduct
The Referral Partner shall not, directly or indirectly, in connection with this Agreement, the Website, or the Website Link:
a) Unlawful Marketing Practices: use purchased or unauthorized contact lists, send spam or unsolicited communications by phone, SMS, email, or social media, use robocalls, auto-dialers, or pre-recorded messages without valid consent, or otherwise engage in marketing activities that violate Applicable Laws (including TCPA, CAN-SPAM, privacy, and consumer protection laws).
b) False or Misleading Conduct: make false, deceptive, or misleading statements about the Company, its products, services, or programs; impersonate or misrepresent affiliation with the Company; or offer unauthorized incentives or inducements to customers in exchange for their consent or participation.
c) Fraudulent or Harmful Activity: generate or submit fabricated, duplicate, or bot-driven Referrals; engage in conduct that compromises the integrity, security, or functionality of the Website or Website Link; or collect, store, or use customer personal information outside the scope of this Agreement.
d) Improper Targeting or Third-Party Use: market to minors, restricted groups, or prohibited audiences; sublicense, transfer, or share Website Links or access credentials with third parties; or otherwise act in a way that could cause reputational, financial, or regulatory harm to the Company.
3.7 Acknowledgment of Obligations
The Referral Partner expressly acknowledges and agrees that:
a) they understand their obligations under the TCPA and Applicable Laws;
b) they possess the knowledge, capability, and resources to comply with such obligations;
c) they bear sole responsibility for compliance in connection with Referrals; and
d) any failure to comply may result in immediate termination of this Agreement and potential legal liability.
3.8 Cooperation with the Company
The Referral Partner shall fully cooperate with the Company in connection with any regulatory inquiry, legal complaint, audit, or investigation involving Referrals, Qualified Leads, or compliance with Applicable Laws.
4. FEES
4.1 Entitlement
The Referral Partner shall be entitled to Fees solely with respect to Qualified Leads, as determined and verified exclusively by the Company. No Fees shall be payable for leads that do not meet the definition of a Qualified Lead under this Agreement. The Referral Partner duly acknowledges, understands and accepts the amount and mode of payment under this Agreement, as detailed in clause 4.2 below.
4.2 Calculation and Payment
The Fees payable to the Referral Partner shall be $15 (United States Dollar Fifteen) subject to verification of each Qualified Lead by the Company. Fees, if payable, shall be available after 3 (three) successful Qualified Leads are referred to the Company, and shall be disbursed within 7 (Seven) days following the verification of the last Qualified Lead. Payment shall be made via a Giftbit giftcard on the registered email address of the Referral Partner, provided such details have been verified in writing. The Company may specify or change the schedule, method, or medium of payment upon written notice or posting on the Website. All determinations regarding entitlement, calculation, and payment of Fees shall be made by the Company in its sole and binding discretion, and the Referral Partner hereby waives any right to dispute or challenge such determinations.
4.3 Limitations and Exclusions
The Referral Partner shall not be entitled to Fees in connection with:
a) any fraudulent, duplicate, invalid, or non-compliant Referral;
b) any lead failing to satisfy Company verification processes;
c) any customer who rescinds consent or otherwise withdraws eligibility under Applicable Laws; or
d) any breach of obligations under this Agreement.
4.4 Conditions Precedent
The Company’s obligation to pay Fees is expressly conditioned upon the Referral Partner’s full compliance with all obligations under this Agreement, including but not limited to recordkeeping, cooperation with audits, and ongoing compliance with Applicable Laws.
5. CONFIDENTIALITY AND DATA PRIVACY
5.1 Confidential Information
“Confidential Information” means all non-public information disclosed by the Company to the Referral Partner, whether oral, written, electronic, or otherwise, including but not limited to customer data, business plans, marketing strategies, pricing, and technical information.
5.2 Obligations of Confidentiality
The Referral Partner shall (i) maintain the confidentiality of all Confidential Information; (ii) use such information solely for purposes of performing obligations under this Agreement; and (iii) not disclose such information to any third party without the Company’s prior written consent, except as permitted under Section 5.4.
5.3 Data Privacy and Customer Information
The Referral Partner acknowledges that the privacy of end-customers is paramount and that full compliance with Applicable Laws governing privacy and data protection, including but not limited to the TCPA, state privacy laws (such as the California Consumer Privacy Act), and any data security requirements imposed by regulators, is a material and mandatory condition of this Agreement. The Referral Partner shall (i) collect, process, share, and store any customer personal information strictly in compliance with Applicable Laws; (ii) maintain administrative, physical, and technical safeguards designed to protect customer data; and (iii) promptly notify the Company of any data breach, unauthorized disclosure, or regulatory inquiry relating to such information.
5.4 Exceptions
The obligations in this Section shall not apply to information that: (i) was already lawfully known to the Referral Partner before disclosure without an obligation of confidentiality; (ii) becomes public through no fault of the Referral Partner; (iii) is lawfully received from a third party without restriction; or (iv) is required to be disclosed under Applicable Law, provided the Referral Partner gives the Company prompt prior notice (to the extent legally permissible) and cooperates to limit disclosure.
5.5 Survival
The confidentiality and data privacy obligations under this Agreement shall survive termination or expiration for so long as the Confidential Information or customer data remains non-public or as otherwise required under Applicable Laws.
6. TERM AND TERMINATION
6.1 Term
This Agreement shall commence on the Effective Date and shall remain in force for an initial term of thirty (30) days (“Initial Term”). Thereafter, this Agreement shall automatically renew for successive thirty (30) day periods (each a “Renewal Term”), unless terminated earlier in accordance with this Section.
6.2 Termination by Referral Partner
The Referral Partner may terminate this Agreement at any time by providing at least seven (7) days’ prior written notice to the Company.
6.3 Termination by Company
The Company may terminate this Agreement at any time, with immediate effect, with or without cause, by providing written notice to the Referral Partner.
6.4 Effect of Termination
Upon termination, (i) the Referral Partner shall immediately cease all use of the Website and Website Links; (ii) all rights of the Referral Partner under this Agreement shall terminate; and (iii) the Company may withhold payment of any Fees pending verification of compliance with this Agreement. Termination shall not affect any rights, obligations, or liabilities accrued prior to termination, including obligations relating to confidentiality, data privacy, compliance with Applicable Laws, and indemnification.
7. REPRESENTATIONS AND WARRANTIES
7.1 By Referral Partner
The Referral Partner hereby represents and warrants to the Company, on a continuing basis, that:
a) Authority: If an individual, they have full legal capacity to enter into this Agreement. If acting on behalf of an association, entity, or corporation, they have full power and authority to bind such entity to this Agreement, and the acceptance of these terms has been duly authorized.
b) Compliance with Laws: They shall at all times strictly comply with all Applicable Laws, including but not limited to the TCPA, CAN-SPAM Act, state telemarketing and do-not-call laws, data privacy statutes, consumer protection laws, and any applicable rules or guidance from the FTC, FCC, or equivalent regulators.
c) Consent and Lead Validity: Each Referral submitted to the Company is based on a customer who (i) has provided valid, informed, and documented prior consent to receive the Website Link; (ii) is not listed on the National Do Not Call Registry, state DNC lists, or Company suppression lists; (iii) has completed the Website form accurately and truthfully; and (iv) has expressly consented to the Company contacting them for marketing purposes in compliance with TCPA and other Applicable Laws.
d) Accuracy of Information: All information relating to Referrals and Qualified Leads provided to the Company shall be complete, current, and accurate. The Referral Partner shall not knowingly submit false, misleading, or fraudulent information.
e) No Conflict: The entry into and performance of this Agreement does not violate any other agreement, obligation, or Applicable Laws binding on the Referral Partner.
f) Privacy and Data Handling: The Referral Partner has implemented policies and procedures to handle end-customer personal information responsibly. The Referral Partner acknowledges that the Company’s privacy policy (as published on the Website) is valid, binding, and applicable to all Referrals and further undertakes that their own practices will respect all privacy and data protection requirements imposed by Applicable Laws.
g) Capability to Perform: The Referral Partner has the necessary expertise, knowledge, and resources to comply with this Agreement, including those requirements relating to TCPA compliance, data security, and recordkeeping.
7.2 By Company
The Company represents and warrants that it has full authority to enter into this Agreement and operate the referral program, and that it shall use reasonable efforts to comply with Applicable Laws in its handling of Qualified Leads.
8. INDEMNITY AND LIMITATION OF LIABILITY
The Referral Partner shall indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents against any and all claims, actions, investigations, damages, penalties, fines, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to (i) any breach of this Agreement; (ii) any violation of Applicable Laws, including but not limited to the TCPA, CAN-SPAM Act, state telemarketing or privacy laws; (iii) any allegation that a Referral or Qualified Lead was invalid, fraudulent, or obtained without valid consent; and (iv) any misuse, disclosure, or mishandling of customer data.
This indemnity shall apply fully and without limitation, and shall extend to all third-party and regulatory claims of any nature.
Indemnification Process: The Company shall provide the Referral Partner prompt written notice of any claim subject to indemnification. The Referral Partner shall assume full responsibility for the defense and settlement of such claim, provided that (i) the Company may participate, at its own expense, with counsel of its choice, and (ii) the Referral Partner shall not settle any claim in a manner that imposes any obligation, admission of liability, or restriction on the Company without the Company’s prior written consent. For avoidance of doubt, such prior written consent from the Company is a mandatory condition precedent to any settlement or resolution binding the Company.
The Company, its affiliates, and their officers, directors, employees, and agents shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including lost profits or business opportunities, arising from this Agreement or the Referral Partner’s participation. The Company’s total liability under this Agreement shall not exceed the total Fees paid to the Referral Partner in the twelve (12) months preceding the claim.
9. DISPUTES
9.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Florida, USA, without regard to its conflict of law principles.
9.2 Good Faith Negotiation
In the event of any dispute, controversy, or claim arising out of or in connection with this Agreement, the parties shall first attempt in good faith to resolve such dispute through informal discussions.
9.3 Jurisdiction and Venue
If the parties are unable to resolve the dispute within thirty (30) days of notice, either party may submit the matter to the courts of Wellington Florida, or the State of Florida (as applicable), which shall have exclusive jurisdiction and venue over all disputes arising out of or relating to this Agreement.
9.4 Injunctive Relief
Notwithstanding the foregoing, the Company shall be entitled to seek immediate injunctive or equitable relief in any court of competent jurisdiction to prevent or restrain actual or threatened breaches by the Referral Partner relating to confidentiality, data privacy, intellectual property, or unlawful use of the Website or Website Link.
10. GENERAL PROVISIONS
10.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, proposals, negotiations, communications, representations, or agreements, whether oral or written, relating thereto.
10.2 Survival
Any provisions of this Agreement which by their nature should survive termination or expiration, including but not limited to confidentiality, data privacy, indemnity, limitation of liability, and dispute resolution, shall so survive.
10.3 Severability
If any provision of this Agreement is held invalid, illegal, or unenforceable under Applicable Laws, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.
10.4 Assignment
The Referral Partner shall not assign, delegate, or transfer any rights, obligations, or interests under this Agreement without the prior written consent of the Company. Any attempted assignment in violation of this Section shall be null and void. The Company may freely assign or transfer this Agreement, in whole or part, without restriction.
10.5 Notices
All notices, communications, and updates under this Agreement shall be validly given only by (i) email to the Company at help@ homeinsuranceflorida.com; (ii) email to the Referral Partner at the email address provided by the Referral Partner during registration on the Website, or (iii) electronic posting on the Website. Notices shall be effective on the date of transmission (for email) or the date of posting (for Website notifications).
10.6 Amendments and Waivers
No amendment, modification, or waiver of this Agreement shall be effective unless made in writing and posted by the Company on the Website or otherwise communicated in writing. The failure of either party to enforce any provision shall not constitute a waiver of that provision or any other provision.
10.7 Independent Contractor
The Referral Partner is, and shall remain, an independent contractor. Nothing in this Agreement shall be deemed to create any partnership, joint venture, agency, employment, or fiduciary relationship between the parties.
10.8 No Exclusivity
Nothing in this Agreement shall prevent the Company from entering into similar referral or marketing arrangements with any other party. The Referral Partner acknowledges that participation is non-exclusive and does not grant any exclusivity as to territory, customers, or opportunities.
10.9 Website Terms and Policies
The Referral Partner acknowledges and agrees that the Terms of Use (INSERT TERMS OF USE LINK) and Privacy Policy (INSERT PRIVACY POLICY LINK) of the Website are incorporated by reference into this Agreement and constitute binding obligations on the Referral Partner.
