Affinitiv Telephone Solicitation Policy

THIS TELEPHONE SOLICITATION POLICY is the official policy (“Policy”) of the Affinitiv Customer (“Company”).

Company has licensed technology (the “License”) from Affinitiv, Inc., a Delaware corporation, (“Affinitiv”).

Telephone calls and telephone solicitations are regulated by federal laws and regulations, and Company desires to adopt this Policy for the purpose of complying with all such laws and regulations and for satisfying the requirements of a “safe harbor” environment.

Company intends to adopt training and procedures for the sole purpose of complying with the requirements of the FTC Telemarketing Sales Rule (TSR) and the FCC Telephone Consumer Protection Act (TCPA ) and the regulations promulgated thereunder.

NOW THEREFORE, Company hereby adopts the following Policy:

1. Telephone Calls. No telephone call may be initiated to any residential telephone line using an artificial or prerecorded voice to deliver a message (including the License) without the prior express written permission of the called party unless the call or message:

(a) Is initiated for emergency purposes;

(b) Is not made for a commercial purpose;

(c) Is made for a commercial purpose but does not include or introduce an unsolicited advertisement or constitute a telephone solicitation;

(d) Is made by or on behalf of a tax-exempt nonprofit organization.

In addition to any other requirements set forth herein, as a condition to contacting any person on a State or Federal No Call List by telephone pursuant to the License, the call or message must be:
(a) To a person with that person’s prior express invitation or permission;

(b) To a person with whom the Company has an established business relationship at the time the call is made;

(c) A call or message that is made for a commercial purpose but does not include the transmission of an unsolicited advertisement or constitute a telephone solicitation; or

(d) For the purpose of soliciting charitable contributions by or on behalf of a tax-exempt nonprofit organization.

For purposes of this Policy, the term “prior express invitation or permission” means calls where the call recipient has (i) clearly stated that the Company may call, and (ii) clearly expressed an understanding that the Company’s subsequent call will be made for the purpose of encouraging the purchase or rental of, the investment in, property, goods or services.” Written permission should be obtained on a separate document. Such consent may be withdrawn at any time.

For purposes of this Policy, the term “established business relationship” means a prior existing relationship formed by a voluntary 2-way communication between a person or entity and the Company with or without an exchange of consideration, on the basis of the subscriber’s purchase or transaction with the Company within the eighteen (18) months immediately preceding the date of the telephone call or on the basis of the subscriber’s inquiry or application regarding products or services offered by the Company within the three (3) months preceding the date of the call, which relationship has not been previously terminated by either party.

2. Do-Not-Call Lists.

(a) The Company shall not sell, rent, lease, purchase or use the Federal Do Not Call Registry, or any part thereof, for any purpose except compliance with this Policy and any such state or federal law to prevent telephone solicitations to telephone numbers on the Federal Do Not Call Registry. The Company shall register for access to the Federal Do Not Call Registry as required by federal law and the Company shall not participate in any arrangement to share the cost of accessing the Federal Do Not Call Registry, including any arrangement to divide the costs to access the Federal Do Not Call Registry. The Company is responsible to request the proper status and correct area codes for registration purpose.    

i. At all times, the Company shall be registered with the Federal Trade Commission as a seller and shall be responsible for appropriate fees, if any associated with updating the Federal Do Not Call Registry.

ii. The Company must register to the Federal Do Not Call Registry for all area codes in which any telephone number which it calls is located. The Company shall not initiate a telephone solicitation to a residential telephone number(s) with area code(s) that are not registered for the Company to call.

(b) The Company shall maintain a list of persons who do not wish to receive telephone solicitations made by or on behalf of the Company (the “Company Do Not Call List”). If any person notifies the Company that it does not want to be contacted by the Company, the Company will place the telephone number and name, if available, given by that person on the Company Do Not Call List within a reasonable time from the date of such request and in any case within thirty (30) days from the date of such request. A request by any person not to be contacted by the Company shall remain on the list for an indefinite period of time unless the caller requests to be removed from the list. A subscriber’s request not to be contacted by the Company terminates an established business relationship even if the consumer continues to do business with the Company.

3. Caller Identification Information. The Company shall transmit caller identification information. The Company shall not intentionally prevent the transmission of caller identification information or block the use of a consumer’s caller identification device. The caller identification information must consist of the Customer’s Customer Service Number.

4. Content of Telephone Calls. At the beginning of the Company’s message to any consumer, the Company will provide a called party in a clear and conspicuous manner with the name of the individual caller, the name of the Company, and the Company’s Customer Service Number or address at which the Company may be contacted. The Company will provide the name under which the Client is registered to conduct business with the state corporation commission (or comparable regulatory authority.) The Company shall not use the License for the purpose of telephone harassment or for deceptive or abusive acts or practices. If the purpose of the telephone call is to sell goods or services the Company shall also disclose that the purpose of the call is to sell goods or services and the nature of the goods or services and, in cases where a prize or promotion is offered, that no purchase or payment is necessary to be able to win a prize or participate in a prize promotion.

5. Maintenance of Records. The Company shall keep for a period of 24 months from the date the record is produced the following records, as applicable:

(a) All advertising, brochures, telemarketing scripts, and promotional materials;

(b) The name and last known address of each prize recipient and the prize awarded for prizes that are represented, directly or by implication, to have a value of $25.00 or more;

(c) The name and last known address of each customer, the goods or services purchased, the date such goods or services were shipped or provided, and the amount paid by the customer for the goods or services; and

(d) The name, any fictitious name used, the last known home address and telephone number, and job title(s) for all current and former employees directly involved in telephone sales/solicitation.

6. Customer Service Number. The Company’s Customer Service Number shall not be a 900 number or any other number for which charges exceed local or long distance transmission charges and the telephone number must be one that permits any individual to make a do-not-call request during regular business hours. The number should be answered by personnel that can explain the Company Telephone Solicitation policy (this document) and place the caller’s number on the  Company No Call List.

7. Prohibition Against Calling Certain Telephone Lines. The Company shall not send telephone communications or any form of prerecorded messages to any of the telephone lines listed below unless such number was given to them by the party being called for the express purpose of being contacted by the Company.

(a) Any emergency line, including any 911 line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency;

(b) Any telephone line of a guest room or patient room of a hospital, health care facility, elderly home, or similar establishment;

(c) Any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call, or

(d) Any telephone number on the Company Do-Not Call List. There are strict legal limitations on the sending of pre-recorded voice or text messages to wireless phone and other wireless devices. The undersigned customer certifies that no calls or text messages will be made to a wireless phone or other wireless device unless the undersigned customer has first received the consumer’s prior express written consent to receive telemarketing calls which complies with applicable law.

8. Abandoned Calls. Any telephone call that delivers a prerecorded message intended to induce the purchase of any good or service, or to induce a charitable contribution from a member of, or previous donor to, a non-profit charitable organization on whose behalf the call is made to comply with each of the following:

(a) In cases where the call could be answered in person by a consumer, immediately disclose that the person called can use an automated interactive voice and/or keypress-activated opt-out mechanism to assert a do-not-call request at all times during the message. The mechanism must: (1) automatically add the number called to the seller’s entity-specific Do Not Call List; (2) once invoked immediately disconnect the call; and (3) be available for use at any time during the message;

(b) in cases where the call could be answered by an answering machine or voicemail, immediately provide a toll-free number that allows the person called to be connected to an automated interactive voice and/or keypress-activated opt-out mechanism anytime after the message is received. The number provided must connect directly to an automated interactive voice or keypress-activated opt-out mechanism that: (i) automatically adds the number called to the sellers entity specific Do Not Call List; (2) immediately thereafter disconnects the call; and (3) is accessible at any time throughout the duration of the telemarketing campaign.

(c) allow the telephone to ring for at least 15 seconds or 4 rings before an unanswered call is disconnected; and (d) begin the prerecorded message within 2 seconds of the completed greeting by the consumer who answers. Calls that deliver prerecorded telemarketing messages are prohibited from being be placed to a

consumer unless the consumer has given his/her prior written consent to be called and such written consent is sufficient to show that the consumer: (1) received clear and conspicuous disclosure of the consequences of providing the requested consent and (2) agrees unambiguously to receive such calls at a telephone number the consumer designates.

9. Timing of Calls. Telephone calls shall only be initiated between the hours of 8:00 a.m. and 9:00 p.m. local time at the called party’s location. Affinitiv’s best business practice is to deliver voice communications from the hours of 10am to 6pm local standard time.

10. Company Compliance. The Company shall take adequate measures to provide all current

Company personnel training with Affinitiv via a scheduled two (2) hour online training on compliance with federal laws and this Policy. The Company’s Chief Executive Officer shall then take the following actions to train all future personnel to ensure compliance with Federal and State law:

(a) Establish and implement written procedures to comply with Federal and State law and this Policy;

(b) Train all personnel engaged in any aspect of telephone solicitation in the existence and use of this Policy and the existence and use of the Company Do Not Call List. If any person requests a copy of the Company’s no-call policy the Company shall supply this Policy upon request;

(c) Company agrees to abide by the recommendations of Affinitiv, and shall use any recommended best practice communications that provided in writing.

11. Affiliated Persons or Entities. In the absence of a specific request by the subscriber to the contrary, where this policy references the Company the term shall also include affiliated entities of the Company if a consumer reasonably would expect them to be included given the identification of the Company and the product being advertised.

12. Amendments. This Policy may be amended from time to time as directed by Affinitiv or as otherwise required to comply with applicable laws and regulations.

13. Face to Face Sales. The Company shall establish an actual physical place of business where all sales presentations will be completed at a face-to-face meeting with any person called. Such face-to face meeting shall not be solely for the purpose of collecting the payment or the delivery of any item or service purchased.