THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH BEST COMPANY, LLC OFFERS YOU ACCESS TO ITS SERVICES. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES.
(a) Customer Information. In order to use the Collect Application, Users will be required to upload information about the User’s customers to the Collect Application (“Customer Information”). Customer Information may include customer names, locations, e-mail addresses, physical addressees, and telephone numbers. Best Company agrees that it will only use Customer Information in order to provide the Services, which may include contacting and communicating with customers via phone, text, and/or email technology in order to generate Reviews of User’s products and services, and for no other purposes. By submitting Customer Information to Best Company, You consent to have Best Company use the Customer Information in order to solicit Reviews of Your products and services for the Best Company Website.
(b) Telemarketing Compliance. Best Company covenants and agrees that in pursuing Reviews via phone to comply with all applicable telemarketing laws, regulations and rules, including without limitation the Telephone Consumer Protection Act (47 USC § 227) (“TCPA”), the Telemarketing & Consumer Fraud and Abuse Protection Act (15 USC § 6101 et seq.) and the Telemarketing Sales Rules promulgated by the Federal Trade Commission. User will be responsible for uploading Customer Information to the Collect Application where the applicable customer has provided User with Prior Express Written Consent to receive commercial telephone calls (including voice calls, artificial voice calls, pre-recorded calls, text messages, and/or autodialed calls) from User, and third parties designated by User. “Prior Express Written Consent” shall have the meaning set forth in the TCPA, as amended from time to time. User shall retain the records of each customer’s Prior Express Written Consent (“Consent Records”) for a minimum of five (5) years following the creation of the Consent Records and shall provide such Consent Records to Best Company upon request. User shall indemnify, defend and hold Best Company harmless from and against any and all losses, damages, fines, liabilities, penalties and claims brought against or assessed to Best Company that arise from, relate to or concern User’s failure to obtain Prior Express Written Consent or to maintain adequate Consent Records.
You certify that any information, including any customer information provided to Best Company, LLC (“Best Company”) through the Best Company Business Suite (“Business Suite”) or otherwise was acquired in accordance with all applicable message requirements (the “Governing Rules”), including but not limited to federal, provincial, state, and local laws, regulations, and rules governing SMS messages, including the Telephone Consumer Protection Act and its implementing rules and regulations, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule, the CAN-SPAM Act of 2013, the Personal Information Protection and Electronic Documents Act, provincial privacy legislation, and all state and local equivalents.
If for any reason Best Company suspects that any Governing Rules were not followed, you may be asked to provide an explanation and information, including the method of collecting phone numbers and a signed guarantee that all the people on your customer list agreed to receive text messages from you. Best Company reserves the right to take any appropriate action in the case of non-compliance, including cancellation of your account, lead partnership and any other business relationships.
You hereby represent that you are aware of the applicable requirements imposed by the TCPA and CTIA rules, including the requirement to obtain prior express written consent from a customer before you, or Best Company on your behalf, can send the customer text messages, and such consent must be unambiguous (i.e., the customer must receive a clear and conspicuous legal disclosure).
For further information regarding the legalities of text messages transmitted through Business Suite, please refer to the following:
Federal Trade Commission, http://www.ftc.gov
Federal Communications Commission, http://www.fcc.gov
(c) CAN-SPAM Compliance. Best Company covenants and agrees that in pursuing Reviews via email to comply with all federal and state laws, rules, and regulations including, but not limited to, the CAN-SPAM Act of 2003, as amended from time to time (“CAN-SPAM Act”) which shall include providing a clear and conspicuous explanation of how the recipient can opt out of receiving emails from Best Company. User will be responsible for uploading Customer Information where the applicable customer has provided User with consent to receive commercial emails from User, and third parties designated by User. User further agrees not to upload any Customer Information where the applicable customer has opted out of receiving emails from User, and User will remove Customer Information which has been uploaded to the Collect Application upon receiving any opt out request from the applicable customer. User shall indemnify, defend and hold Best Company harmless from and against any and all losses, damages, fines, liabilities, penalties and claims brought against or assessed to Best Company that arise from, relate to or concern User’s failure to remove Customer Information where a customer has opted out of commercial emails from User.
(d) Customer Deletion and Opt-Out Requests. BUsers will be required to delete any customer information uploaded to the Collect Application within 15 days of receiving a verifiable customer request to delete the applicable customer’s information or a customer’s request to opt out of future communications. If User is unable to delete the applicable customer’s information, User must contact Best Company in order to ensure that the customer’s information is deleted. User shall indemnify, defend and hold Best Company harmless from and against any and all losses, damages, fines, liabilities, penalties and claims brought against or assessed to Best Company that arise from, relate to or concern User’s failure to delete customer information.
(a) Clicks. In order to use the Clicks Application, Users will be required to activate the application and to enter a destination URL (“User Website”) in the User’s Account. Once activated, the Best Company Website shall link to the User Website. For this Agreement, a “Click,” for shall mean an action by a visitor of the Best Company Website clicking on a link which transfers the visitor to the User Website.
(b) Cost per Click. User shall pay Best Company, on a “cost-per-click” basis, the specific amount per Click as set forth in the User’s Account, which may be modified on a month to month basis. The cost-per-click shall be based upon visitors clicking on a link which directs visitors from the Best Company Website to the User Website.
(c) Billing. At the end of each calendar month, Best Company will charge the User for the number of Clicks delivered to the User Website in that month. All invoices will be based on Best Company’s tracking and shall be billed to User’s credit card as detailed below.
(d) Credit Card. In order to use the Clicks Application, the User will be required to place a credit card on file with the User’s Account, and the User authorizes Best Company to automatically charge the credit card on file for the fees generated each month. The User shall be solely responsible for managing the User’s credit card on file. The User represents and warrants to Best Company that the User is the holder of all credit cards on file with the User’s Account, and if the User is not the account holder of a credit card, the User has all requisite power and authority to use and incur charges on such credit card on behalf of the account holder. In the event that a credit card no longer processes, or Best Company believes that a User is not authorized to incur charges on a credit card, Best Company may immediately suspend the User’s Account.
(e) Dispute. In the event that any amount set forth on an invoice is the subject of a documentable dispute by the User, the User expressly agrees that it shall notify Best Company of such dispute in writing (such notice to include the specific reasons for the dispute and any supporting documentation) within seven (7) days after receiving such invoice. The User further agrees that unless written notice of a dispute is provided to Best Company in writing within such seven (7) day period, the applicable invoice and the billing attributable to the Clicks provided by Best Company to the User as set forth in such invoice will be deemed accurate, final, due and payable by User.
(f) Pausing Clicks. The User shall have the ability to pause or terminate the generation of Clicks at any time by pausing or deactivating Clicks in the User’s Account.
475 E. 1000 S.
Pleasant Grove, UT 84062
Best Company is authorized to send any notices to a User under this Agreement to the mailing address, facsimile number and/or e-mail address associated with such User’s Account, as such information may be updated by User from time to time. In the event that a User does not have a valid mailing address, facsimile number and/or e-mail address associated with User’s Account, User agrees that service of process through the Secretary of State were User resides or is organized, shall be deemed effective service of process.