Common use of Approved Contractors Clause in Contracts

Approved Contractors. (a) Notwithstanding anything in this Agreement to the contrary, Client may provide or instruct Equifax to provide the Information Services to a third party that (i) has contracted with Client to assist Client in determining whether an applicant meets Client’s underwriting criteria, which contract must include the third party’s agreement to comply with and perform all of Client’s obligations under this Agreement; (ii) has been appointed by Client to act as Client’s agent pursuant to a written contract including the agency clause set forth on Exhibit E; and (iii) has been approved by Equifax and has agreed to be bound by such additional terms and conditions as may be required by Equifax in its discretion and is identified in Exhibit E (an “Approved Contractor”). Client acknowledges and agrees that it shall be fully responsible for the actions or omissions of its Approved Contractor(s). (b) Client acknowledges and agrees to be bound by, and agrees to cause the Approved Contractor to acknowledge and to be bound by the following terms: (i) The information provided by Equifax as a part of the Information Services (for purposes of this Section VIII.2., the “Information”) will at all times be and remain the property of Equifax. The Information is confidential and proprietary to Equifax. Except as expressly provided in this Agreement, no Information furnished under this Agreement may be sold, disclosed to any third parties or made a part of any product developed by Client or the Approved Contractor. (ii) Equifax hereby grants to Client, and to the Approved Contractor, as Client’s agent, only a non-assignable right to use the Information pertaining to any given consumer solely for the purpose of determining that consumer’s eligibility for an insurance product or service sold by Client. Equifax reserves all other rights in the Information. Neither Client nor the Approved Contractor will have any right to sublicense to others. The right to use the Information granted to Client, and to the Approved Contractor, as Client’s agent, in this Agreement will last for so long as this Agreement is in effect, and shall terminate upon the termination of this Agreement. Any dissemination of the Information to the Approved Contractor’s employees or agents will be restricted to those employees and agents of the Approved Contractor with a need to know in order to utilize such data solely for the purpose of determining that consumer’s eligibility for an insurance product or service sold by Client. Without limiting the generality of the foregoing statements, (1) the Information regarding any given consumer shall not be duplicated except to the extent necessary to permit the Approved Contractor to determine that consumer’s eligibility for an insurance product or service sold by Client; (2) the Information shall not be provided by the Approved Contractor in any form to any other party; and (3) no Information regarding the Approved Contractor’s use or possession of the Information shall be disclosed by Client or the Approved Contractor to any other person.