This Buyer Agreement (“Agreement”) governs your participation as an independently licensed insurance agent or agency (“Buyer,” “you”) who receives or purchases consumer leads and related services from Vogo Partners LLC (“Vogo,” “we,” “us”). It includes important compliance obligations and an arbitration agreement in Section 16.
1. Parties & acceptance
This Agreement is between Vogo Partners LLC and the Buyer identified at sign-up. By checking the acceptance box, activating your account or credits, or receiving Leads, you agree to be bound by this Agreement, the Terms of Use, and the Privacy Policy.
2. Definitions
- Lead — contact and insurance-related information for a consumer who requested to be matched with an agent through Vogo.
- Credits — prepaid units used to receive Leads or services.
- Consumer — the individual who submitted a request.
- Applicable Law — all laws and rules that apply to the Buyer's receipt and use of Leads, including the TCPA and its regulations, the FTC Act and Telemarketing Sales Rule, federal and state Do-Not-Call rules, state “mini-TCPA” and telemarketing laws, insurance and privacy laws.
3. Eligibility & licensing
You represent and warrant that you are an independently licensed insurance agent or agency, in good standing in each state in which you contact Consumers or transact insurance, and that you will maintain all licenses, appointments, bonds, and registrations required by Applicable Law throughout the term.
4. Lead delivery & credits
Vogo will use commercially reasonable efforts to deliver Leads matching the filters you select (such as states and metros). Lead volume, timing, and characteristics are estimates, not commitments, and depend on consumer demand. Credits are consumed as Leads or services are delivered.
5. Fees — non-refundable
Activation fees and Credits are non-refundable once activated, except where required by law. You are responsible for all fees, applicable taxes, and any chargebacks. We may change pricing prospectively on notice.
6. TCPA, DNC & FTC compliance
You are solely responsible for ensuring that every call, text, and email you make to a Consumer complies with Applicable Law. Without limiting that responsibility, you agree to:
- Comply with the TCPA and FCC regulations, including requirements for prior express written consent before using an automatic telephone dialing system, artificial or prerecorded voice, or automated texts for marketing.
- Comply with the FTC Act and Telemarketing Sales Rule, and with all federal and state Do-Not-Call requirements and state mini-TCPA/telemarketing laws.
- Regularly scrub against the National Do-Not-Call Registry (at least every 31 days) and your own internal Do-Not-Call list, maintain a written DNC policy, and honor opt-out, revocation, and “STOP” requests made through any reasonable means — processing them within 10 business days.
- Call only during permitted local calling hours — generally 8:00 a.m. to 9:00 p.m. in the consumer's time zone — identify yourself and your agency truthfully, and make only accurate, non-deceptive statements.
- Maintain records evidencing your compliance (including consent you rely on and opt-outs you receive) for the period required by Applicable Law.
Penalty exposure. TCPA violations carry statutory damages of $500 per unlawful call or text, rising to $1,500 for willful or knowing violations, with no cap — amounts that multiply quickly across a calling campaign. You bear this exposure for your own outreach.
Confirm your own coverage. Many commercial general liability, professional liability (errors & omissions), cyber, and D&O policies exclude or heavily restrict coverage for TCPA and telemarketing litigation. Confirm with your carrier that your policies actually cover this exposure — Vogo does not insure you against it.
Vogo does not provide legal advice. Consent documentation we may pass along (such as a TrustedForm or Jornaya certificate) is provided as-is and does not relieve you of independently confirming that your outreach is lawful.
7. Consumer consent & contact
Leads are generated from consumers who submitted a request and were shown a consent disclosure. You acknowledge that the scope and validity of consent depend on the disclosure the Consumer saw, that consent can be revoked, and that you must independently determine whether and how you may lawfully contact a given Consumer. You must stop contacting any Consumer who opts out.
8. Permitted use & no resale
Leads are licensed to you for your own insurance marketing to the specific Consumer only. You may not resell, share, transfer, re-broker, syndicate, or redistribute Leads, or use them for any purpose other than offering insurance products you are licensed to sell. You may not use Leads for unlawful, deceptive, or discriminatory purposes.
9. Data protection & privacy
You will protect Lead data with reasonable administrative, technical, and physical safeguards; use it only as permitted here; comply with all applicable privacy and data-security laws (including, where applicable, the GLBA and state privacy laws); and honor consumer privacy requests. You will notify us promptly of any data breach involving Lead data.
10. Representations & warranties
You represent and warrant that you have full authority to enter this Agreement, that you will use Leads and the services only in compliance with this Agreement and Applicable Law, and that you will not engage in any act or omission that could cause Vogo to violate any law.
11. No guarantee of results
Vogo does not guarantee Lead quality, accuracy, contactability, conversion, sales, or return on investment. Leads are provided “as is.” Some Leads may contain inaccurate information or may not answer.
12. Indemnification
You will defend, indemnify, and hold harmless Vogo Partners LLC and its affiliates, officers, and agents from and against any claims, investigations, penalties, damages, and expenses (including reasonable attorneys' fees) arising out of or relating to your calls, texts, or emails to Consumers; your use of Leads; your breach of this Agreement; or your violation of Applicable Law, including the TCPA, Telemarketing Sales Rule, and Do-Not-Call rules.
13. Disclaimers & limitation of liability
THE LEADS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Vogo Partners LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE LEADS GIVING RISE TO THE CLAIM IN THE 3 MONTHS BEFORE THE CLAIM.
14. Term & termination
This Agreement applies while you hold an account or Credits. Either party may terminate on notice. We may suspend or terminate immediately for non-payment, suspected fraud, or violation of this Agreement or Applicable Law. Sections that by their nature should survive (including compliance, indemnification, disclaimers, and dispute resolution) survive termination. Unused, activated Credits are non-refundable as stated in Section 5.
15. Independent contractors
The parties are independent contractors. Nothing here creates a partnership, joint venture, agency, or employment relationship, and neither party may bind the other.
16. Dispute resolution & arbitration
Except for requests for injunctive relief, any dispute arising out of or relating to this Agreement will be resolved by final and binding individual arbitration under the rules of a recognized arbitration provider. Each party waives any right to a jury trial and to participate in a class or representative action. The Federal Arbitration Act governs this section.
17. Governing law
This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 16.
18. General
This Agreement, with the Terms of Use and Privacy Policy, is the entire agreement between the parties regarding its subject matter. If any provision is unenforceable, the remainder stays in effect. We may update this Agreement prospectively by posting a revised version with a new effective date; your continued use of the services constitutes acceptance. You may not assign this Agreement without our consent; we may assign it.
19. Contact
Vogo Partners LLC, [company mailing address] · [email protected] · [company phone].