Branded Call Display Distribution Partner Terms

Certain distribution partners for the Branded Call Display Service require that Customer agree to additional terms and conditions. Accordingly, Customer agrees to comply with the applicable distribution partner terms and conditions set forth below (the “Distribution Partner Terms”), which are hereby incorporated by reference into the applicable Service Order, as these terms may be amended from time to time. To the extent any of the Distribution Partner Terms conflict with the terms of the Service Order or Master Services Agreement, the Distribution Partner Terms shall govern.

Last Updated: June 25, 2024

AT&T

1. Customer Representations.

Customer represents and warrants that Customer: a) is an entity that may validly engage in the activities for which it is using the telephone numbers registered with Neustar for CNO or BCD Services (for example, a government entity engaging in outreach to citizens, or a legitimate business entity engaged in communications with its customers); b) has sufficient rights, by ownership or otherwise, to the telephone numbers which it is registering with Neustar for CNO or BCD Services; and c) is authorized to use the names, marks, and other information that it wishes to have displayed to recipients of telephone calls.

2. Compliance with Laws.

Customer shall comply with all applicable laws including, by way of example and not by way of limitation, the Telephone Consumer Protection Act (TCPA) and in particular the rules requiring consent from recipients to receive calls.

3. AT&T Pull-Down Right.

AT&T can suspend the Service(s) in its entirety, at an enterprise level, on a business caller profile level, or on an individual telephone number basis, at any time.

4. Neustar as Agent.

To the extent Neustar obtains or uses AT&T Customer Information including Customer Proprietary Network Information (CPNI) in connection with providing the BCD Service, Neustar shall be an authorized agent of AT&T with respect to the receipt and use of such information. Notwithstanding the foregoing, Neustar is prohibited from sharing such information with the Customer.

First Orion Corp.

1. Definitions:

• Called Party – means the End User who receives the telephone call. The Called Party may be referred to as the “B Party.” The number for the B Party is sometimes referred to as the “B number.”
• Calling Party – means the person or entity from which the phone call originates. The Calling Party may be referred to as the “A Party.” The number(s) for the A Party are sometimes referred to as the “A number(s).”
• Content – means the asset, message, display or other information to be provided or displayed with an incoming Engage call from the Calling Party.
• Content Provider – means the person or entity that provides the Content or Inform Display to be displayed on the End User’s device.
• Customer – means any company with whom Neustar enters into a signed agreement to provide the Services.
• End User – means an individual or business who receives the Content or Inform Display through Client’s provision of the Call Enhancement Services.
• Inform Display – means the alpha-numeric caller name (not to exceed 15 characters including spaces) displayed on the Called Party’s Device through the use of Inform.
• Program – means each unique purpose for making a call using the Call Enhancement Services to display Content or an Inform Display, as applicable, to designated End Users.
• Services – means First Orion’s Call Enhancement Services, including its Engage® and Inform® services.

2. Limited License.

Customers shall be granted limited licenses to use the Services for their own internal purposes.

3. Resale Prohibition.

Customers shall be prohibited from reselling, sublicensing or otherwise providing the Services to any third party.

4. Liability.

Customers shall acknowledge in writing that the Services are not intended to satisfy any legal or regulatory requirement applicable to Customer.

5. Compliance and Consents.

• Customers shall ensure that the Content, Inform Display, Programs, and the usage of any personal information complies with all applicable laws, rules and regulations;
• Customer represents that it has all necessary rights, licenses and third-party consents to use the Content and the Inform Display;
• Customer shall obtain all consents and permissions required to make calls or otherwise deliver the Content and the Inform Display to Called Parties and ensure each Customer’s compliance with all applicable laws, rules and regulations in any way related to the calls or other means of delivering the Content and the Inform Display to Called Parties (e.g., Telephone Communications Protection Act of 1991, Fair Debt Collection Practices Act, Do Not Call Registry, Telemarketing Sales Rule and Truth in CallerID); and
• Customers may not include in the Content or Inform Display any information listed in the following restricted categories:

  Children	Do not provide any Content/Inform Display targeting children under the age of 18.
  Adult	Do not provide any Content/Inform Display with adult, pornographic, sexually explicit, or obscene activity. Do not provide any Content/Inform Display regarding pregnancy protection, STDs or the treatment of STDs.
  Illegal Drugs	Do not provide any Content/Inform Display to facilitate the distribution, use or cultivation of illegal or questionably legal substances.
  Gambling	Do not provide any Content/Inform Display about gambling or online gambling as the central theme.
  Weapons	Do not provide Content/Inform Display about automatic weapons, military-style assault weapons, or parts for these weapons.
  Hate	Do not provide Content/Inform Display that advocates, glorifies or promotes: graphic or violent images, human cannibalism, human suffering or death, rape, torture. Do not provide Content/Inform Display that is discriminatory, hateful, offensive, defamatory or profane.
  Illegal or Risky Behavior	Do not provide Content/Inform Display about: beating drug tests, bypassing copyright protection, cable descramblers, counterfeit, fake or bootleg products, collecting personally identifiable information, fake IDs, promoting ways to avoid traffic tickets, non-FDA approved drugs or procedures, falsely obtained passwords or pyramid schemes, promoting terrorism or criminal activities. Do not provide Content/Inform Display with: false, misleading or deceptive claims, defamatory, libelous, harassing, unlawful or threatening content, links to internet abuse such as spyware, corrupted file viruses, or other materials that are intended to or damage or render inoperable software or hardware, links that violate or infringes upon any third party intellectual property rights or any other third party rights.
  Protected Information	Do not provide Content/Inform Display that includes: Cardholder Data as such term is described in the Payment Card Industry (PCI) Data Security Standard glossary, as amended from time to time. Nonpublic Personal Information as such term is defined by Title V of the Gramm-Leach-Bliley Act as codified at 15 U.S.C. Section 6801, et seq. as amended, and the regulations promulgated pursuant thereto. Protected Health Information as such term is defined in Section 160.103 of the Health Insurance Portability and Accountability Act of 1996 as codified at 45 C.F.R. Subtitle A, Subchapter C, Part 160 et seq. as amended.

6. Termination or Suspension of Services to Individual Customers.

First Orion may, upon written notice to Neustar, terminate or suspend the Services to a Customer based on Customer use of the Services including usage of Engage and Inform by Customers who violate the restrictions on Content or Inform Display or, in First Orion’s reasonable determination, causes material and demonstrable harm to First Orion, the Services, or other entities using the Call Enhancement Services including Distribution Partner. First Orion will provide Neustar with prior notice of its intention to suspend or terminate the Services to a Customer, including the reasons for such determination and any required corrective action, and Neustar will control all communications to any such Customer.

7. Usage of Data.

Subject to the Content Provider’s ownership rights in and to the data submitted to First Orion for use with the Services and the data derived by First Orion from the provision of the Services and which forms the basis of Neustar’s charges to the Customers for the provision of the Services (“Content Provider Data”), Customer consents to the following rights for First Orion: (i) First Orion may internally use Content Provider Data to deliver, support, monitor, and improve the Call Enhancement Services provided to Customer; and (ii) First Orion may disclose to third parties statistical, aggregated, anonymized data that is based, in whole or in part, on Content Provider Data, provided that it is aggregated with other data such that the third party cannot deduce or attribute specific data to any Content Provider or End User.

Transaction Network Services (TNS)

Acceptable Use Policy

Customer Party agrees, that they shall not use the Service to:

• engage in any activities that are illegal, abusive, false, fraudulent, deceptive, or misleading or likely to deceive or mislead;
• engage in any unlawful activities, including, without limitation, unlawful unsolicited advertising or marketing, or any other activities that violate laws applicable to advertising, electronic communications, and telemarketing, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. § 227, and implementing regulations, 47 C.F.R. §§ 64.1200 et seq.;
• attempt to mislead others as to the identity of the origin of a phone call, including failing to comply with the Truth in Caller ID Act, 47 U.S.C. § 227, and implementing regulations, 47 C.F.R. §§ 64.1600-1605; or
• transmit any material or content that:
  • is obscene, libelous, defamatory, discriminatory, offensive, unsuitable for minors, or otherwise malicious or harmful to any person or entity;
  • contains hate speech, excessive violence, or profanity;
  • promotes or glamorizes alcohol abuse, illegal drug use, or use of tobacco products;
  • contains strong sexual, explicit, or erotic themes;
  • violates or infringes the Intellectual Property Rights or other personal or proprietary rights of any third party (including the Carrier or Subscriber);
  • disparages any Carrier or any of its affiliates; or
  • violates any applicable industry standards, policies, or guidelines published by the Cellular Telecommunications Industry Association (CTIA) or Mobile Marketing Association.

Customer Party agrees, that Providing Party may immediately suspend Customer for any known or suspected violation of these standards. In addition, Providing Party may immediately suspend Customer’s use of the Service in connection with the Carrier (including its Subscribers) at the request or direction of the Carrier. Providing Party will provide prompt notice to Customer of any such suspension.

Suspension. Providing Party may refuse to provide the Service for Customer, or as to any particular telephone number of Customer, if Providing Party determines, in its sole discretion, that Customer is not complying with all applicable laws and regulations or the terms of this Agreement.

All fees for Services are calculated exclusive of any federal, state, local sales, excise, value-added or similar taxes. Any taxes or similar liabilities, however denominated, that may now or hereafter be levied on the Services which are chargeable to Customer including by any government authority, will be paid by Customer. Should Neustar be required to pay or pays these liabilities, Customer will reimburse Neustar for such payments upon receipt of an invoice and showing of indebtedness from Neustar.

Bell Canada

Restrictions on the Content

The table above is subject to change from time to time by Neustar. In addition, each of Neustar’s Distribution Partners has the right to reject Content.

Flow-Through Terms

Representations and Warranties: Customer represents and warrants that Customer: a) is an entity that may validly engage in the activities for which it is using the telephone numbers registered with Neustar for BCD Services (for example, a government entity engaging in outreach to citizens, or a legitimate business entity engaged in communications with its customers); b) has sufficient rights, by ownership or otherwise, to the telephone numbers which it is registering with Neustar for BCD Services; and c) is authorized to use the names, marks, and other information that it wishes to have displayed to recipients of telephone calls.

Representations and Warranties: Customer represents and warrants that Customer: a) is an entity that may validly engage in the activities for which it is using the telephone numbers registered with Neustar for BCD Services (for example, a government entity engaging in outreach to citizens, or a legitimate business entity engaged in communications with its customers); b) has sufficient rights, by ownership or otherwise, to the telephone numbers which it is registering with Neustar for BCD Services; and c) is authorized to use the names, marks, and other information that it wishes to have displayed to recipients of telephone calls.

Bell Pulldown Right: Bell can suspend the Service(s) in its entirety, at an enterprise level, on a business caller profile level, or on an individual telephone number basis, at any time.