Service Attachment for Agency Revolution Fuse Texting
Dated: October 2022
TCPA Compliance. You are responsible for your compliance with the Telephone Consumer Protection Act (“TCPA”) and all related state and local laws. In the event that you utilize Fuse Texting to text an individual, and you don’t utilize the Fuse Texting feature that allows such an individual to opt-in to receive text messages, you represent that you have written documentation that such customer has already opted in to receive text messages from you. Your violation of the TCPA or any of the terms of this Service Attachment constitute a breach of your obligations under the Agreement and are subject to the indemnity under Section 7.7.
Prohibited Activities. Fuse Texting may not be used for any purpose that, in FMG’s sole discretion, is illegal, inappropriate and/or improper (“Prohibited Activities”). The following examples and descriptions of Prohibited Activities provided below are not exhaustive.
Illegal Purposes. Illegal purposes include, but are not limited to:
Using Fuse Texting to violate any law, rule, regulation, governmental orders, industry standards or guidance in any applicable jurisdiction; or
Engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior.
Inappropriate and/or Improper Purposes: Inappropriate and/or improper uses include, but are not limited to:
Inappropriate Behavior and Content. Calling, messaging, storing, posting or transmitting harmful, unsolicited, inappropriate, objectionable, threatening or abusive materials, e-mail or information.
Falsifying Users or Information. Falsifying or providing misleading information including but not limited to user information, Authorized User customer information, intent for use of Services, or other identifying information provided to FMG or to other users of the Services.
Continuous or Messaging. Engaging in repetitive and/or continuous messaging if such activity could reasonably be expected to or in fact does provoke complaints, including but not limited to calls or messages that are initiated through automated means.
Abnormal Messaging. Engaging in abnormal messaging where activity is: (i) significantly in excess of Authorized User’s expected traffic volumes, (ii) inconsistent with Authorized User’s stated or published business description or intention for use of Fuse Texting services, (iii) sending messaging outside of normally recognized business hours, or (iii) inconsistent with normal business use, particularly if such activity could reasonably be expected to or in fact does provoke complaints.
Unsolicited Messages. Enabling the transmission of messages without the requisite consent of the recipient and/or failing to support opt-out requests to stop further calls or messages.
You will provide FMG with all assistance and information reasonably required to enable provision of the Fuse Texting, including requiring your customers and Authorized Users to provide accurate and up-to-date user information in accordance with applicable laws, regulations, licensing requirements, and local industry practice. You acknowledge that by providing FMG may be obligated to comply with a lawful request or inquiry (“LRI”) for your use of the Fuse Texting. Where an LRI related to the Fuse Texting Services is served on FMG, or its applicable third party provider, FMG or such third party provider may review and respond directly to the request, or may direct the requesting and/or serving party directly to you. In the event that FMG requests information from you in response to an LRI, you must respond within 24 hours from receipt of such request. You will reimburse FMG for any reasonable costs or fees FMG incurs responding to a LRI related to your use of the Fuse Texting Services resold by Reseller. You understand that local law or regulation may not permit you to receive a copy of an LRI.