List Management and Telemarketing Registration Services
Customers engaging Gryphon to provide Gryph for Compliance Services must, at all times, remain in compliance with laws requiring Customer to register for, acquire or purchase federal, state, and private do-not-call or other do-not-contact lists or data.
Additionally, Customer is required to provide Gryphon with its federally assigned Subscription Account Number (SAN) associated with Customer’s subscription to the U.S. National Do Not Call Registry and, if applicable, the Canadian National Do Not Call List. Customer shall also provide Gryphon with confirmation information associated with Customer’s purchase of state do-not-call lists and any similar privately maintained lists upon request.
List Management Service (LMS).
Gryphon List Management Service is an administrative service provided by Gryphon to facilitate Customer’s compliance with state, federal (U.S.) and private do-not-call (DNC) list subscription requirements. Specifically, Gryphon shall: (i) provide Customer with a copy of Gryphon’s comprehensive LMS Guide; (ii) identify list subscription requirements based on Customer identified geographies where Customer is telemarketing; (iii) identify associated state bonding and registered agent requirements; (iv) if applicable, assist Customer with completing list subscription requirements for Customer’s separate divisions, subsidiaries or affiliates to access to the National DNC Registry; (v) facilitate completion of the on-line registration process for the National DNC Registry; (vi) solicit Customer’s proprietary information in order to complete list subscription applications; (vii) mail Customer’s completed state and privately maintained list subscription applications and associated list purchase fees via U.S. Certified Mail or courier service to appropriate recipients; (viii) enter and maintain Customer’s list expiration and renewal dates via Gryphon’s proprietary LMS On-Line Tracking Site, which shall be accessible to Customer via password protected web access; and, (ix) provide Customer advance notice of list subscription expirations. Customer shall be responsible for all fees prescribed by state and federal regulators associated with list subscriptions, bonding, and registered agent requirements.
Telemarketer Registration Service (TRS).
Gryphon Telemarketer Registration Service is an administrative service provided by Gryphon to facilitate Customer's compliance with state regulations requiring Customer to periodically register as a telephone solicitor before making a telephone solicitation to state residents. Specifically, Gryphon will: (i) provide Customer with a copy of Gryphon's comprehensive TRS Guide; (ii) identify states that require Customer to register before placing telemarketing calls to state residents based on Customer identified geographies where Customer is telemarketing; (iii) identify states that require Customer to meet bonding requirements in conjunction with registration as a telephone solicitor; (iv) solicit Customer's proprietary information in order to complete telephone solicitor registration applications; (v) send Customer's completed telephone solicitor registration and bonding applications and required telephone solicitor registration fees via U.S. Certified Mail or courier service to appropriate state agencies; (vi) enter and maintain Customer's telephone solicitor registration expiration and renewal dates via Gryphon's proprietary TRS On-Line Tracking Site, which shall be accessible to Customer via password protected web access; and (vii) provide Customer advance notice of state telephone solicitor registrations expirations. Customer shall be responsible for all fees prescribed by state and federal regulators associated with registering as a telephone solicitor including any applicable bonding requirements.
GRYPHON ONE PLATFORM
List Management and Telemarketing Registration Services Service-Specific Terms
Customer and Customer’s authorized users shall not utilize Gryphon’s Services to attempt to contact a telephone number associated with any U.S. or foreign jurisdiction for which Customer has not purchased private, state or National Do Not Call Registry contact data. Additionally, Customer and Customer’s authorized users shall not use Gryphon Services to: (i) place calls to jurisdictions outside the U.S or Canada, (ii) transmit false, defective, or misleading caller ID information, or (iii) place any prerecorded or automated voice telephone calls. Customer will defend, indemnify, and hold Gryphon, its affiliates, directors, employees and agents and their successors and assigns harmless from any liability, claim, demand, suit, or action to the extent that it is based on Customer’s failure to comply with all laws, statutes and regulations applicable to sales and marketing activities, including do-not-contact list subscription requirements.
Customer understands and acknowledges Gryphon obtains or may obtain do-not-call, do-not-email, do-not-text, do-not-mail, do- not-fax, wireless telephone number, and business telephone number data and lists from government bodies, private sources, and/or directly from Customer. Gryphon does not own nor control the data and information it is provided by such third-party sources and bears no responsibility for any deficiencies or inaccuracies contained in such data at the time it is provided to Gryphon. Service output reflects such do-not-contact data, Customer Data and legal requirements existing at the time-of-Service utilization by Customer.
RULES AND REQUIREMENTS ASSOCIATED WITH THE PURCHASE OF DNC LISTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. PLEASE DO NOT ACT (OR REFRAIN FROM ACTING) BASED UPON THIS INFORMATION WITHOUT THE ADVICE OF INDEPENDENT LEGAL COUNSEL.
PLEASE NOTE THAT THE FEDERAL TRADE COMMISSION (FTC), FEDERAL COMMUNICATION COMMISSION (FCC), STATE AUTHORITIES AND THE DIRECT MARKETING ASSOCIATION (DMA) PROHIBIT THE SHARING OF DO NOT CALL (DNC) LISTS OR DNC DATA CONTAINED THEREIN. THOSE WHO VIOLATE SUCH PROHIBITIONS MAY EXPOSE THEMSELVES TO LEGAL ACTION, FINES, PENALTIES AND OTHER SANCTIONS.
THE SERVICES DESCRIBED HEREIN ARE DESIGNED SOLELY TO ADMINISTRATIVELY FACILITATE CUSTOMER’S ABILITY TO PURCHASE LEGALLY REQUIRED STATE AND FEDERAL DNC LISTS. SUCH SERVICES ARE NEITHER DESIGNED NOR INTENDED TO SUPPORT OR ENSURE COMPLIANCE WITH ANY OTHER STATE OR FEDERAL LEGAL REQUIREMENT GOVERNING SALES AND MARKETING ACTIVITIES, INCLUDING WITHOUT LIMITATION LAWS THAT REQUIRE A BUSINESS OR INDIVIDUAL TO REGISTER AS A TELEPHONE SOLICITOR IN A JURISDICTION PRIOR TO CONTACTING CONSUMERS WITHIN THAT JURISDICTION. CUSTOMER IS SOLELY RESPONSIBLE FOR USING GRYPHON’S SERVICES IN A LEGALLY COMPLIANT MANNER AND SHOULD CONSULT INDEPENDENT LEGAL COUNSEL FOR REGULATORY COMPLIANCE ADVICE PRIOR TO UTILIZING SUCH SERVICES, AS NEEDED.