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Pay Per Call Agreement

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PAY PER CALL AGREEMENT

Effective Date:

Parties

WHEREAS

WHEREAS, Client wishes to obtain inbound telephone leads for Client's products or services and desires to compensate Call Provider on a pay-per-call basis for qualified calls that meet the standards set forth herein; and

WHEREAS, Call Provider operates call generation and conversion services and represents that it will generate and route telephone calls to Client in compliance with all applicable laws and the requirements of this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

Scope of Work

Call Qualification Criteria

A "Qualified Call" is defined as a live inbound telephone call delivered to Client's designated call receiving number that: (a) originates from the agreed geographic region; (b) pertains to the products or services set forth in the Scope of Work; and (c) has a talk time of at least seconds. Calls that are silent, automated robocalls, fraudulently generated, or that do not meet the Scope of Work are not Qualified Calls.

Payment Terms

Client will pay Call Provider for each Qualified Call at the rate of (USD) per Qualified Call. Payment shall be made in accordance with the invoicing and settlement procedures below.

Late payments shall incur interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, beginning on the day after the payment due date and continuing until paid in full.

Reporting and Verification

Call Provider will provide daily or weekly call detail reports (CDRs) including timestamp, originating number, destination number, duration, disposition, and campaign identifier in a mutually agreed format. Client shall have the right to audit Call Provider's records pertaining to calls subject to this Agreement upon reasonable prior written notice and during normal business hours, provided such audits do not occur more than once per quarter absent reasonable suspicion of noncompliance.

Term and Termination

The term of this Agreement shall commence on and shall continue until unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Either party may terminate immediately for material breach by the other party that remains uncured for ten (10) days after written notice of such breach.

Confidentiality

Each party agrees to maintain the confidentiality of Confidential Information disclosed by the other party and to use such Confidential Information solely for the performance of this Agreement. "Confidential Information" includes pricing, campaign performance data, call recordings, and business strategies but excludes information that is publicly known or rightfully received from a third party without an obligation of confidentiality. The confidentiality obligations survive termination for a period of three (3) years.

Compliance and Representations

Call Provider represents and warrants that it will comply with all applicable federal, state and local laws and regulations, including telemarketing, do-not-call, call recording, and data protection laws. Call Provider shall obtain all necessary consents from callers and shall not knowingly deliver calls that are deceptive or fraudulent.

Indemnification

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims, liabilities, damages, fines or expenses arising out of its breach of this Agreement, negligence, willful misconduct, or violation of law. The indemnifying party shall control the defense and settlement of any claim, provided that the indemnified party may participate in such defense with counsel at its own expense.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

Entire Agreement

This Agreement, including any exhibits or addenda executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. Any modification to this Agreement must be in writing and signed by authorized representatives of both parties.

Notices

Miscellaneous

Neither party may assign this Agreement without the prior written consent of the other party, except that either party may assign to an affiliate or in connection with a merger or sale of substantially all of its assets. If any provision of this Agreement is held invalid, the remaining provisions shall continue in full force and effect.

Contact for Operations

Client

Party Label:

By:

Date:

Call Provider

Party Label:

By:

Date:

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What a Pay Per Call Agreement Is and When It Applies

A Pay Per Call Agreement is a written contract that sets the commercial terms for paying a publisher, affiliate, or lead source based on verified telephone calls. It defines what counts as a payable call, the verification and tracking methods, payment triggers and timing, responsibilities for call recording and data retention, and dispute resolution. The agreement helps align advertiser, call center, and partner expectations by codifying tracking metrics (duration, conversion event), fraud controls, and reporting requirements so payments are processed against measurable, auditable events.

Why a Clear Pay Per Call Agreement Matters

A precise agreement reduces disputes, ensures measurable payment triggers, and documents compliance with telemarketing and consumer-protection rules. It protects advertiser budgets, clarifies partner obligations for tracking and call verification, and specifies remedies for invalid or fraudulent calls.

Why a Clear Pay Per Call Agreement Matters

Who Typically Uses a Pay Per Call Agreement

Organizations that rely on phone leads or pay partners for inbound calls commonly use this contract.

  • Brands and advertisers paying for qualified phone leads, marketing managers controlling acquisition spend.
  • Affiliates and publishers who drive call volume from paid media, performance marketers and affiliate managers.
  • Call centers and telemarketing partners providing verified call handling and recording for conversion tracking.

Use the agreement to set measurable KPIs, payment cadence, and escalation paths before beginning campaigns.

Primary Authorized Signers for the Agreement

Advertiser Authorized Signer

Typically a VP of Marketing, General Counsel, or an authorized procurement officer. This signer confirms budget commitment, sets payment terms, and accepts reporting and audit requirements on behalf of the advertiser.

Publisher/Partner Signer

Usually an owner, VP of Partnerships, or operations manager for the affiliate or call center. This signer attests to tracking methods, call recording practices, and that calls presented meet the defined quality criteria.

Essential Parts of a Professional Pay Per Call Agreement

A complete agreement covers identity and scope, call qualification criteria, tracking and verification methods, payment mechanics, privacy and compliance requirements, and termination or dispute procedures.

Parties and Scope

Full legal names, business addresses, and a clear statement of services and campaign scope, including channels and geographies covered.

Call Qualification

Precise definition of a billable call (minimum duration, hold time, conversion actions) and unacceptable call types.

Tracking & Verification

Accepted tracking systems, URL/call ID mapping, recording retention, verification samples, and audit rights for both parties.

Payment Terms

Price per qualified call, payment cycle, invoicing requirements, adjustments for disputes, and tax reporting responsibilities.

Compliance & Privacy

Requirements for TCPA-safe consent handling, data protection, HIPAA addenda if healthcare data is involved, and required disclosures.

Term, Termination, Disputes

Agreement term, termination for cause, notice periods, dispute resolution, and indemnification for fraudulent activity.

Step-by-Step: How to Complete and Execute the Agreement

Follow these steps to create, verify, and sign a Pay Per Call Agreement efficiently and defensibly.

  • 01
    Draft Terms: Define billable call criteria, rates, and payment timing in clear, measurable language.
  • 02
    Agree Tracking: Choose tracking and verification tools and document call recording and retention practices.
  • 03
    Review Legal: Confirm compliance with telemarketing and privacy laws; consider counsel for TCPA or HIPAA implications.
  • 04
    Execute and Monitor: Sign electronically or on paper, enable tracking, and reconcile reports against payments regularly.

Configuring an Online Workflow for Pay Per Call Agreements

Set up a digital workflow that automates signature collection, evidence capture, and payment triggers.

Field Configuration
Signature Method eSignature (ESIGN/UETA compliant)
Authentication Email link, SMS code, or stronger KBA where required
Verification Data Attach call recording URL, timestamps, and call ID
Payout Trigger Webhook or manual reconciliation on verified call metrics

Digital Signing and Delivery Considerations

Choose a platform that supports secure e-signatures, audit trails, and attachments for call evidence.

  • Supported Formats: PDF, DOCX, and HTML are standard for agreements and attachments
  • Integrations: Connectors like Salesforce, NetSuite, and Google Workspace help automate recordkeeping
  • Security Controls: TLS encryption, access controls, and audit trails protect data and prove attribution

Confirm the platform can store recordings and metadata securely and provide an immutable audit trail for each signed agreement.

How Electronic Execution and Evidence Flow Works

A reliable eWorkflow links the signed agreement to call evidence and payment processes so each payable call is auditable end-to-end.

  • Create Document: Prepare the agreement and attach required evidence fields
  • Assign Signers: Add advertiser and publisher signers with proper authentication
  • Collect Verification: Capture call recordings and metadata linked to call IDs
  • Trigger Payment: Automatic or manual payout triggered after verification

Key Deadlines, Payment Terms, and Processing Expectations

Specify timing to limit disputes and establish predictable cash flow for both parties.

Payment Cycle:

Commonly Net 30 from invoice date; state contractual defaults may differ

Dispute Window:

Require written disputes within a set period, commonly 7–30 days

Invoice Submission:

Define when publisher must submit invoices and required evidence

Adjustment Period:

Allow time for reconciliation and adjustments before payment

Audit Access:

Specify notice and time to request reporting and sample recordings

Typical Milestones from Agreement to Payout

A milestone sequence clarifies responsibilities and timing during the campaign lifecycle.

01

Negotiation & Execution

Agree terms, sign the contract, and enable tracking systems.

02

Campaign Onboarding

Configure tracking, provide test calls, and confirm reporting feeds.

03

Live Monitoring

Record, collect, and reconcile verified calls against the KPI rules.

04

Payment & Audit

Issue payment per schedule and respond to audit requests or disputes.

Common Mistakes That Cause Payment Disputes

  • Vague call definitions that leave room for differing interpretations about what qualifies as a lead or sale.
  • Failing to specify the required evidence (call ID, recording link, timestamps) causing unverifiable claims.
  • Not aligning tracking identifiers between ad campaigns, landing pages, and call tracking providers.
  • Ignoring state or sector compliance (TCPA consent, HIPAA) that can void calls or expose liability.

Risks and Possible Penalties from Poorly Drafted Agreements

TCPA Liability: Class-action exposure and statutory damages
Payment Disputes: Withheld funds and reconciliation costs
Tax Reporting: Incorrect 1099 handling and penalties
Privacy Breach: Data breach fines and reputational harm
Contract Termination: Loss of campaign revenue and migration costs
Fraudulent Leads: Chargebacks and indemnity claims

Comparing eSignature Vendors for Pay Per Call Agreements

Vendor features and pricing models differ; include a platform that supports attachments, audit trails, and the authentication level your campaign requires.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Core Fields to Capture on the Agreement

Advertiser Name: Full legal name
Publisher Name: Legal entity or DBA
Effective Date: MM/DD/YYYY format
Call Definition: Duration and actions
Tracking Method: Provider and call ID
Payment Terms: Rate and schedule

Real-World Example Scenarios

Two compact examples show typical usage and outcomes for pay-per-call campaigns.

Lead Gen Publisher

A midsize affiliate builds call volume via paid search and phone redirects

  • Qualified calls defined as 90+ second calls
  • The advertiser required call recordings and nightly CSV reconciliations; the contract set Net 30 payment and an audit right for monthly samples.

Local Service Advertiser

A home services brand contracts a call center for inbound booking calls

  • Billable if booking confirmed on call
  • Agreement required TCPA opt-in proof, specified tracking tags, and a dispute window of 14 days before payment adjustments.

Practical Tips for Clear, Enforceable Agreements

Follow these practices to reduce ambiguity and limit disputes in performance-based call buying.

Use Measurable Criteria
Define billable calls by objective metrics (duration, conversion action) not subjective terms.
Standardize Evidence
Require consistent metadata: call ID, timestamps, and recording links for each invoice line item.
Address Compliance
Include TCPA consent language and a privacy clause if personal data is collected.
Audit & Dispute Process
Set a clear dispute notice window, sampling approach, and resolution timeline.

Frequently Asked Questions About Pay Per Call Agreements

Answers to common operational, legal, and technical questions encountered when using pay-per-call contracts.


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