This Policy was last updated: October 5th 2026
EyeRate Inc. DBA Edge
contact@ouredge.com
2374 Maritime Drive, Elk Grove, CA 95758 or PO Box 581296, Elk Grove, CA 95758
“Compliance” means the appropriate methods of lead generation and conversion, performed in conjunction with all applicable State and Federal laws governing the activities.
“Prohibited Activities” means activities which are not within Compliance, and which are prohibited under the Terms of Service. They shall also mean activities which violate any law, or any term or obligation under these Terms and Obligations.
“Telemarketing” means contacting and or communicating with consumers by any telephonic system, including calls or texts, for a marketing purpose. This shall include telephone calls to any telephone line, including but not limited to landlines, Voice Over Internet Protocol lines, and wireless numbers. In addition, texting and delivering ringless voicemails shall likewise be considered telemarketing.
Customer confirms that it is aware of and agrees to abide by all applicable telemarketing laws and regulations at the Federal, State and local levels. Among others these shall include the Telephone Consumer Protection Act (“TCPA”) which is administered by the Federal Communications Commission, as well as the Telemarketing Sales Rule (“TSR”) which is administered by the Federal Trade Commission. Customer confirms that it will manage and communicate with leads in a compliant manner in its fulfillment of its Agreement with Edge. Though not an exhaustive list, Customer agrees that it will not participate in any of the following specifically prohibited activities: 1. Customer will not contact consumers whose telephone numbers are on the Federal or any State Do-Not-Call lists, without the appropriate exemption, or consent from the consumer to do so. 2. Customer will not initiate any call or text contacts with any consumers using a system with auto-dialing or auto-texting capacity to wireless telephone numbers for sales purposes, without express written consent from the consumer, as defined by applicable law. 3. Customer will not send any ringless voice messages to any wireless telephone number without first having obtained Express Written Consent from the owner of the number. 4. Customer will immediately mark as Do-Not-Call in its system the telephone number of any consumer who has requested not to be contacted by Customer and will not contact them again. Such phrases which shall prompt Customer to add such a consumer’s telephone number to Customer’s internal Do-Not-Call list shall include, but shall not be limited to: “place me on your do not call list”; “stop calling/texting me”; “remove me from your list”, etc. 5. Customer will not transmit any pre-recorded messages to any potential consumer for sales purposes, without the express written consent from the potential consumer to do so. 6. Customer will project only telephone numbers which it owns and uses on the caller identification systems of its potential consumers. Customer will abide by all applicable anti-spoofing laws. 7. Customer will abide by all applicable date and time restrictions as applied to its marketing efforts.
Customer understands that in order to contact a consumer using Edge services, the Customer must have obtained the proper level of consent, applicable to the Customer’s intended communication. For operational and/or informational communications with consumers with whom Customer has an established business relationship, this means that Customer must obtain express consent from the consumer. This means that at a minimum, subject to Edge’s policy, the following are true: 1. Consumer has given Customer the exact telephone number for purposes of doing business; 2. Consumer has not revoked the express consent by expressing a desire to either no longer be contacted, or to no longer be contacted by a certain communication medium (i.e. revocation of consent to be autotexted, etc.); 3. Consumer remains an ongoing consumer of Customer, meaning that Consumer has performed a transaction with Customer within the previous eighteen (18) months; 4. Customer does not send more than two (2) operational or informational messages weekly, unless approved by Edge.
Customer understands that express written consent must be obtained in order to make certain telephonic communications to consumers, as described above. Customer agrees that the consent language used must be clear and intelligible. It may not be more than four sizes smaller than the fonts which surround it. In the event that Customer enables the marketing functionality of Edge’s services, or requests the same, Edge will rely on the integrity of Customer’s consumer-level opt-in field or flag which Customer provides to Edge through its point-of-sale integration, flat file import, or related data transfer. By enabling marketing functionality, Customer warrants the validity of the same. Specifically, Customer represents and warrants that for any acknowledgement or request to utilize Edge’s services for marketing communications, Customer has obtained express written consent for the intended consumer recipients. Customer will not execute a campaign that is promotional in nature without obtaining such express written consent prior to the use of Edge’s systems to communicate with any such consenting consumer. The parties understand and agree that the authorized manner in which such express written consent is obtained is described below and as specifically addressed in the Terms and elsewhere in this Agreement. Regarding placement, all consent language must precede any consent button so that a consumer must naturally view the consent language before the affirmative step of selecting a button to proceed with the consent. Customer’s consent must include at a minimum the points included in the following Sample Consent Language:
Customer may use the language above precisely as written. Should customer wish to create its own language, such language shall conform to the instructions included in the Consent Language Standard Operating Procedure (SOP). Edge reserves the right to audit for review any consent language used by Customer. Customer shall provide such information to Edge within twenty-four (24) upon request and shall immediately implement any changes to the consent language which Edge shall require.
Customer agrees that throughout its association with Edge it will abide by the CCPA. Customer understands that whether or not it sells consumer data, it will be required to regard all consumer data located in or coming from California subject to the CCPA. Though not an exhaustive list, Customer agrees to implement policies and procedures to comply with the CCPA in the following manner: 1. Customer must reference their Privacy Policy in any TCPA Opt-in consent language. Further, Customer must indicate in this language that the consumer provides consent for the Customer to forward their information to the companies named in the consent language. 2. Customer agrees that it will maintain and regularly update a company Privacy Policy which is made available for customer access on the Customer’s website. Further, Customer’s reference to the Privacy Policy on any TCPA consent language must provide a hyper link directly to the Privacy Policy. 3. Customer agrees that it will maintain a CCPA privacy policy which specifies all required points as outlined in the CCPA and its relative regulations. This policy may either be incorporated into the Customer’s existing Privacy Policy, or it may be a stand-alone policy, also hosted on Customer’s web site. If Customer chooses to maintain a separate CCPA policy, Customer must reference it in their general Privacy Policy, and provide a link to it therein. 4. Located in the CCPA policy, Customer must provide a link to a separate “Right to Know” link so that a California consumer may submit a right to know request.
Customer further recognizes that the above does not constitute legal advice and it is Customer’s responsibility to understand the application of the CCPA to their business. Customer further agrees, as a CCPA Compliance Attestation, that it will operate in compliance with the CCPA. Customer confirms that it will implement the processes necessary to ensure such compliance prior to sending or generating any leads in California.
Customer agrees to comply with all applicable Federal, State and Local laws that require a business permit, certificate or license of any kind to perform the services intended. Customer agrees to keep all such permits, certificates, and/or licenses current and in good-standing. Customer will bear all costs associated with obtaining and/or maintaining all such permits, certificates, and/or licenses. Customer shall also abide by any applicable International, Federal, State or local statute concerning privacy or the proper maintenance of personal information.
To the extent that Customer chooses to utilize the services of any third parties in the fulfillment of their duties to Edge, Customer will be solely responsible to ensure that the third party is aware of the terms and obligations of this Addendum, and that they agree to be similarly bound by such terms. In addition, Customer is solely responsible to ensure that the third party complies fully with the terms of this Addendum, as if the performance were completed by Customer itself. Customer shall be similarly liable for any violations or liability resulting from the actions of the chosen third party, as if they had created the liability personally, and Customer agrees that the remaining terms of this Addendum similarly apply to the use of third parties, with respect to the Limitation of Liability and the Indemnification.
In no event will Edge be responsible for any claims arising out of this Addendum or Customer’s relationship with Edge, with respect to Telemarketing Compliance, which result from the use of telemarketing by Customer. Neither shall Customer be responsible for any claims resulting from any violation of any of the terms or obligations as to Customer which are identified throughout this specific addendum. This limitation of liability shall not replace any such clause in the Order Form or Terms of Service, but rather shall govern any claims with respect to the information identified in this addendum.
Subject to this Addendum, as well as any relevant Terms of Service, Customer shall defend, indemnify, and hold Edge, its owners, officers, directors, employees, affiliates, agents, and its licensors harmless from and against any and all losses, damages and costs (including reasonable attorneys’ fees) incurred in connection with any claim, action, suit, or proceeding made or brought against Customer and/or its licensors arising out of or related to this Addendum and/or (i) Customer’s use of telemarketing; (ii) Customer’s marketing efforts using Edge’s services; (iii) Customer’s violation of applicable law, including but not limited to all state federal telemarketing laws and regulations; (iv) any content and/or data, including without limitation Customer Data provided or otherwise made available by or on behalf of Customer to Edge or its licensors, and/or its or their use, storage, and/or transmission thereof; and (v) any other act or omission of Customer leading to a claim against Edge; provided, that Edge (a) promptly gives written notice of the claim to Customer; and (b) provides to Customer, at Customer’s cost, all reasonable assistance
In the event that any information in this Addendum contradicts any information in the Terms, this Addendum shall govern.
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