Agent Agreement

This Agreement is between you (“Agent”) and the Operator whose workspace you are joining (“Operator”) — the agency or call marketplace that publishes the lines you enroll in. The Operator provides this portal through a software platform provider, which is not a party to your relationship with the Operator. The Terms of Service also apply to you. You accept this Agreement by ticking the licence confirmation when you create your account or accept an invitation; we record the date, your IP address and the version of this Agreement you accepted.

1. Independent contractor

You are an independent contractor, not an employee, partner or agent of the Operator or of Fortunata Agency. Nothing here creates an employment relationship, and neither the Operator nor Fortunata Agency withholds taxes, provides benefits, sets your hours or requires you to be online at any particular time. You decide when to log in, which lines to turn on and which calls to accept. You are responsible for your own equipment, internet connection, taxes and business expenses. This Agreement is non-exclusive: you may work with other platforms, agencies and carriers.

2. Licensure and appointments

You confirm that you hold a valid insurance licence in every state you select, that you will accept calls only in states where you are licensed and appointed for the product being sold, and that you will keep those licences current. Neither the Operator nor Fortunata Agency independently verifies your licensure; we rely on your attestation, which is recorded with the date and IP address. Calls are routed to you by the states you have declared. If a licence lapses or is suspended you must turn that state off immediately. You will not misrepresent your identity, licensure, appointments or carrier affiliation to any caller.

3. Calls, pricing and your wallet

Each line publishes a price and a qualifying duration (“$X / N seconds”). You are charged the published price only for a connected call — a call answered by you that reaches the qualifying duration. Calls that end sooner and no-answers are not charged. Charges are debited from your prepaid wallet, which is store credit for calls on this platform: it is not withdrawable, transferable or redeemable for cash, and it is not refunded on termination. Every top-up, charge, waiver and credit is recorded in a ledger you can see in your portal. If your balance goes below zero your lines are turned off until it is settled. Pricing, disputes, chargebacks and finality of charges are governed by Section 3 of the Terms of Service, which you accept.

Referral credits. If the Operator runs a referral program, the reward amounts and the qualifying deposit are the ones shown on your referral page and on the invite at the time the invited agent signs up. Referral credits are paid as wallet credit, never cash: they follow the same rules as the rest of your wallet (not withdrawable, transferable or redeemable for cash). A credit is paid at most once per new agent, automatically, when that agent’s first deposit meets the qualifying amount, and only while the referring agent’s account is active. You may not refer yourself, open duplicate accounts, or refer anyone who is not a licensed insurance agent. The Operator may reverse referral credits obtained that way and may change or end its referral program at any time; credits already earned in good faith are not taken back because a program changes.

4. Compliance on every call

• Telemarketing law. You will comply with the TCPA, the Telemarketing Sales Rule, state telemarketing and insurance-marketing rules, and carrier and Medicare marketing guidelines that apply to the products you sell.
• Do-not-call. You and the Operator are responsible for complying with the National Do-Not-Call Registry and any state do-not-call lists, including any FTC registry subscription and scrubbing that apply to you. The platform does not provide the National Do-Not-Call Registry and does not check numbers against it for you; it blocks numbers that replied STOP, are on the Operator’s blocked list, are marked Do-not-call in the CRM, or are on a registry copy the Operator chose to upload. Those blocks are tools to help you, not a guarantee of compliance. You will not attempt to work around them, and you will mark a contact Do-not-call when they ask not to be contacted.
• Consent. For outbound calls or texts you initiate, you are responsible for having the consent the law requires. Web-form consent captured by the platform is shown on the contact record; do not contact a lead beyond what that consent allows.
• Truthful selling. No misleading statements about coverage, price, carrier or your role; no pressure tactics; no advice you are not licensed to give.
• Inbound callers are the Operator’s customers. You will not divert them to another agency, solicit them off-platform, or resell their information.

5. Recordings and monitoring

Calls on this platform may be recorded and transcribed. Depending on the Operator’s setting, the platform either plays a recording notice before you are connected or requires you to state verbally that the call is recorded before proceeding — the Operator tells you which mode applies to its lines, and you must ask if you are unsure. Florida and other two-party-consent states make recording without notice a crime, so you must follow the mode in force on every call. Recordings, transcripts and call scorecards may be reviewed by the Operator for quality, compliance and dispute resolution. By using the platform you consent to that recording and review.

6. Caller and customer data

Caller data, contacts, leads, notes and recordings in the Operator’s workspace belong to the Operator. You may use them only to serve those customers on the Operator’s behalf. You will not export, copy, sell or share them, and you will not use them after this Agreement ends. Keep your login private; you are responsible for activity under your account.

7. Commissions and carrier relationships

Unless the Operator says otherwise in writing, commissions are paid by the carrier under your own appointment and contracting, not by the Operator or Fortunata Agency. The platform’s policy and commission tracking is a record-keeping tool; the carrier’s statement controls. Chargebacks and advances follow your carrier contract.

8. Suspension and termination

Either you or the Operator may end this Agreement at any time. The Operator or Fortunata Agency may suspend your account immediately for a lapse in licensure, a consumer complaint, suspected fraud, chargeback abuse, or conduct that exposes the Operator or its traffic partners to regulatory risk. On termination your lines are turned off, unused wallet balance remains available as call credit for 90 days and is then forfeited, and Sections 4, 6 and 9 continue to apply.

9. Liability

You are responsible for your own conduct on calls and for any fines, claims or losses that result from your breach of this Agreement or of the law. The platform is provided “as is”; Fortunata Agency’s aggregate liability to you is limited to the platform fees attributable to your account in the preceding three months, and the Operator’s to the amounts you paid it in the same period.

10. Changes and contact

We will give 30 days’ notice of material changes by email; continued use after the effective date is acceptance. Questions about this Agreement go to your Operator through the support page in your portal. The platform operator is Upper Echelon Marketing Corp dba WeGenerate · lisa@fortunataagency.com. Florida law governs; venue is Broward County, Florida.