Insurance Information Exchange, a unit of ISO Claims Services, Inc.
1716 Briarcrest, Suite 200 Bryan, TX 77802
800-683-8553 FAX 979-846-7169
Created 3-19-15
Version S2015.1
Subscription Agreement (Sub-Vendor) – Terms and Conditions
This subscription agreement s (“the Agreement”) is entered into as of the date of execution (the “Effective Date”), by and between ISO Claims
Services, Inc., a Delaware corporation, through its Insurance Information Exchange unit (“iiX”) with offices at 1716 Briarcrest, Suite 200 Bryan, TX
77802, and , (Customer Name) a (State) corporation/other
entity with offices at _ (City, State).
1.
SERVICES AND RATES. iiX agrees to provide certain reports, records, products and/or services (collectively, “Information Services”), including
Motor Vehicle Reports (“MVRs”) for Customer, under the terms and rates specified in this Agreement. The applicable Service Fee Schedules shall
be attached and made a part of this Agreement as Exhibit A. MVR iiX state record fees and processing schedules are set forth in the MVR
Turnaround Schedule, attached to and made a part of this Agreement as Exhibit B. iiX state record fees are subject to change at any time. ALL iiX
service fees are subject to change at any time and become effective during the billing period following notification. The Information
Services and other requests may be initiated and delivered by various client software packages as designated from time to time by iiX and will be
billed on an iiX invoice.
2.
SOLE USE AND AUTHORIZATION. Subject to the restrictions in this Agreement, Information Services provided by or through iiX may be
disseminated by Customer to its End Users for the sole purpose defined in this Agreement and in the End User Agreement. Customer warrants and
agrees that Information Services will be disseminated to (i) insurance companies, insurance agents and other companies for use as a factor in
establishing a consumer’s eligibility for new or continued insurance or (ii) to entities for use in employment decisions solely with respect to the
continued employment of current employees or offers of employment to prospective employees, unless further restricted by Specific State Forms (as
defined below). The entities described above will be known individually as an End User for purposes of this Agreement. Customer must take all
steps necessary to ensure that the End User uses the Information Services in compliance with this Agreement and that the End User does not resell
or otherwise provide or transfer any of the Information Services in whole or in part to any other person or entity.
2.1
Authorization: Customer may deliver the Information Services to Customer’s and End User’s employees and authorized users solely as
needed to perform functions consistent with this Agreement’s purpose. Customer warrants and agrees that to the extent required by applicable
federal, state and local statutes, rules, codes and regulations, it has in place an agreement with the End User that authorizes the Customer as
its agent to obtain and process the Information Services solely on the End User’s behalf.
2.2
Prohibitions Customer acknowledges that certain state and/or iiX data providers may prohibit access to their information by offshore
users. Customer agrees not to permit offshore access by any of its employees, authorized users, or Outsourcer in violation of any prohibition
against offshore access to records, and agrees to be responsible for the use of the Information Services by its employees, authorized users, or
Outsourcer in violation of this section.
Failure of Customer and/or End User to comply in all respects with the requirements of this Section is a material breach of this Agreement. In such
event, iiX may immediately terminate this Agreement and the delivery of any of the Information Services to Customer and/or End User without notice
or delay.
3.
END USER AGREEMENT. Customer shall communicate directly with End User and shall provide iiX an End User Agreement executed by End
User as well as any applicable Specific State Forms. The End User Agreement shall contain all of the requested information, terms and restrictions
applicable to the End Users use of iiX’s Information Services. iiX reserves the right to reject an End User Agreement that has been altered without
iiX’s review and written approval. iiX shall not use the End User Agreement or the information contained in it to directly solicit or market to End Users
records, reports, products or services that are the same as or substantially similar to those provided to such End User by Customer.
4.
RESTRICTIONS.
4.1
Confidentiality Customer acknowledges that in connection with this Agreement, it may receive Personal Information, defined below, and
nonpublic Personal Information from state agencies and service bureaus. Personal Information is information that identifies an individual and
includes, but is not limited to: (a) first and last name or first initial and last name; (b) a home or other physical address, which includes at least
street name and name of city or town; (c) an email address; (d) a telephone number; (e) a Social Security number; (f) credit and/or debit card
information, including credit and/or debit card number with expiration date; (g) date of birth; (h) a driver’s license number; or (i) any other
information from or about an individual consumer that is combined with (a) through (h) above. Customer agrees to treat as confidential all
Personal Information received from or through iiX and to disclose consumer information to only those of its employees who have a need to
know such information to accomplish their duties. Customer shall not use Personal Information for any purpose except those purposes
permitted by this Agreement.
4.2
Compliance with Laws Customer certifies that it shall order, receive, disseminate and otherwise use the Information Services in
compliance with all applicable federal, state and local statutes, rules, codes and regulations, including but not limited to, the Fair Credit
Reporting Act (“FCRA”), the Driver's Privacy Protection Act, 18 U.S.C. §2721 et seq. (“DPPA”), the Gramm-Leach-Bliley Act (“GLB”) and their
state equivalents, including any changes, supplements or amendments to such statutes, rules, codes and regulations (collectively, “The Laws”).
The Customer understands that violators of the FCRA, the DPPA, and other federal and state laws governing protection of Personal Information
are potentially subject to civil actions and penalties, including fines. Customer shall be responsible for understanding and for staying current