Agency ‘Yelp’
Between a participating creditor and ARM Tech Advisors. Last updated October 11, 2026.
This Mutual Non-Disclosure Agreement (this “Agreement”) is entered into by and between ARM Tech Advisors, LLC, a Virginia limited liability company, with an address located at 8000 Spotswood Dr, Richmond, VA 23229 (“ARM Tech Advisors”), and the creditor identified in the signature block below or in the Agency ‘Yelp’ submission form through which this Agreement is accepted (the “Creditor”), effective as of the date it is signed or accepted electronically by the Creditor (the “Effective Date”). These parties may be referred to individually as “Party” or collectively as “Parties” throughout this Agreement.
ARM Tech Advisors operates Agency ‘Yelp’ only as an independent industry survey aggregator. None of the information provided or distributed through Agency ‘Yelp’ is influenced by ARM Tech Advisors or any of its employees. Only creditors may submit, and submissions are their own direct opinions, based on first-hand experience with the agencies they identify.
ARM Tech Advisors will verify that each submission genuinely came from the identified submitter, but will not ask creditors to justify their submissions with verifiable facts. Once submissions are aggregated and verbally authenticated in this way, every identified agency is engaged directly before creditor feedback is shared with other creditors that are seeking anonymized feedback from their creditor peers. The sole intent of the service is to facilitate the sharing of best practices and to help accelerate the transformation of the U.S. consumer collections industry.
Agency ‘Yelp’ will always be free to all submitting and requesting creditors.
In connection with the Creditor’s participation in Agency ‘Yelp’, a creditor-sourced service through which ARM Tech Advisors aggregates creditor feedback on third-party collection agencies (the “Program”), either Party (the “Receiving Party”) may receive from the other Party (the “Disclosing Party”) certain information and documentation (including the identity of the Creditor and its personnel, the fact of the Creditor’s participation in the Program, agency placement and performance information, financial information and other proprietary and trade secret materials) which may be oral or written and which a commercially reasonable person would consider as, or which are labeled or described by the Disclosing Party as, confidential (“Confidential Information”). In view of the desire that such Confidential Information be maintained in confidence, it is agreed as follows:
Confidential Information provided by either Party will be used by the Receiving Party solely for the purpose of operating, evaluating or participating in the Program, or otherwise for the benefit of the Disclosing Party, and will not, without the prior written consent of the Disclosing Party, be divulged, furnished or otherwise disclosed by the Receiving Party, orally or in writing, except that the Confidential Information or portions thereof may be disclosed to the Receiving Party’s employees, officers, directors, legal counsel, accountants or financial advisors and those of its parent or any subsidiary or affiliated companies (collectively, “Representatives”) with a need to know such Confidential Information for the above-stated purpose who are subject to this or another equally restrictive non-disclosure or confidentiality agreement. Each Party shall use the same measures to avoid publication, disclosure or dissemination of the other Party’s Confidential Information as it uses with similar information of its own which it desires not to have published, disclosed or disseminated.
Notwithstanding Section 1, the Creditor authorizes ARM Tech Advisors to use the agency information the Creditor submits to the Program (including agency names, placement type, placement volume, digital collections expectations, the Creditor’s reasons for selecting an agency, areas of possible concern and agency performance information) and to share that information with other creditors that participate in or request the Program and with the agencies identified, in each case only in Anonymized Form. “Anonymized Form” means aggregated or otherwise presented so that the information does not name the Creditor or its personnel and does not include details that would reasonably allow the Creditor to be identified.
ARM Tech Advisors will not disclose the Creditor’s identity, or the fact that the Creditor participates in the Program, to any agency, other creditor or other third party without the Creditor’s prior written consent (for example, where the Creditor agrees to act as a reference).
ARM Tech Advisors assumes, and the Creditor confirms, that all information the Creditor submits to the Program is permitted to be shared under the Creditor’s contracts and non-disclosure agreements with each identified agency, and with any other body whose permission may be required.
The Receiving Party shall have no obligation of confidentiality with respect to information and documentation furnished by the Disclosing Party which: (a) is or becomes publicly known (including from any trade or industry group) through no act of the Receiving Party; (b) was in the Receiving Party’s rightful and legal possession prior to disclosure under this Agreement; (c) is received from a third party not known by the Receiving Party to be bound by an obligation of confidentiality to the Disclosing Party; (d) is approved in writing for release by the Disclosing Party; (e) is developed independently by the Receiving Party without the use of Confidential Information; or (f) is disclosed pursuant to the lawful requirement of a governmental agency or is disclosed as required by law, regulation, supervisory authority or other applicable judicial or governmental order, provided that, unless otherwise prohibited from doing so, prior to making such disclosure the Receiving Party shall give both prior oral and written notice to the Disclosing Party so that the Disclosing Party may seek a protective order or other appropriate remedy; provided, however, that this notice obligation shall not apply to disclosures of Confidential Information that are requested or required pursuant to routine regulatory examinations to which the Receiving Party or its Representatives are subject in the ordinary course of business.
Except as permitted by Section 2, neither Party will, without the prior written consent of the other Party, disclose to any person, other than to its Representatives on a confidential basis, the fact that any Confidential Information has been made available or that the Creditor is participating in the Program.
Nothing contained in this Agreement shall be construed as granting or conferring any rights by license or otherwise, express, implied, or otherwise, for any invention, discovery or improvement made, conceived or acquired prior to or after the date of this Agreement.
This Agreement and the receipt of Confidential Information shall not in any way imply any commitment on either Party’s behalf to enter into any business transaction with the other Party or with any agency. Such a commitment, if any, will occur only when a formal agreement has been duly executed. Accordingly, except under this Agreement, neither Party shall have any liability to the other Party in the event no further agreement between the Parties is entered into.
All Confidential Information transmitted hereunder shall be and remain the property of the Disclosing Party, and all documentation provided which includes such Confidential Information, and any copies thereof, shall be promptly returned to the Disclosing Party upon written request or destroyed at the Disclosing Party’s option. Notwithstanding the foregoing, the Receiving Party may retain such limited media and materials containing Confidential Information for customary archival and audit purposes (including with respect to regulatory compliance) only for reference with respect to prior dealings between the Parties. In any event, all Confidential Information and all such tangible materials will remain subject to this Agreement.
Information already shared in Anonymized Form under Section 2 before such a request need not be recalled, but ARM Tech Advisors will stop using the Creditor’s submissions going forward.
The Parties acknowledge that the unauthorized disclosure, use or disposition of Confidential Information could cause irreparable harm and significant injury which may be difficult to ascertain. Accordingly, the Parties agree that each Party shall have the right to seek an immediate injunction in the event of any breach of this Agreement by the other Party, in addition to any other remedies that may be available at law or in equity.
Each Party has endeavored to include in the Confidential Information furnished hereunder materials which it believes to be reliable and relevant, but does not make any representation or warranty as to the accuracy or completeness of any Confidential Information which is so provided, and neither Party nor any of its Representatives shall have any liability to the other Party or its Representatives resulting from the use of such Confidential Information.
This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns, shall govern all Confidential Information received by either Party from the other Party, including Confidential Information of the other Party’s affiliates, if provided, and shall remain effective for a period of two (2) years from the Effective Date, provided, however, that obligations regarding personally identifiable information shall survive for so long as required to ensure compliance with any applicable privacy and data security laws, and the obligations in Section 2 regarding the Creditor’s identity shall survive for as long as ARM Tech Advisors retains the Creditor’s submissions. This Agreement does not require either Party to disclose Confidential Information. Neither Party may assign or otherwise transfer its rights or delegate its duties or obligations under this Agreement without the prior written consent of the other Party. Any attempt to do so is void.
This Agreement shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Virginia, and may not be modified, amended or terminated, in whole or in part, except in writing signed by the Parties. In the event any legal action becomes necessary to enforce or interpret the terms of this Agreement, the Parties agree that such action shall be brought in any court of competent jurisdiction in Richmond City, Virginia, and the Parties hereby submit to the exclusive jurisdiction and venue of that court. The Parties hereby irrevocably waive the right to a trial by jury in any action, proceeding or counterclaim (whether based in contract, tort or otherwise) arising out of, under or in connection with this Agreement, or any course of conduct, course of dealing, statement or action related hereto.
The Creditor may accept this Agreement electronically through the Agency ‘Yelp’ submission form by checking the acceptance box and typing the name of its authorized representative, and that acceptance has the same legal effect as a handwritten signature. The individual accepting represents that he or she is authorized to bind the Creditor. ARM Tech Advisors agrees to be bound by this Agreement upon the Creditor’s acceptance, and either Party may request a countersigned copy.
If the Creditor prefers, it may instead sign a copy of this Agreement and return it to ARM Tech Advisors for countersignature before submitting any information to the Program. Where the Parties have signed a mutual non-disclosure agreement covering the Program, that signed agreement governs.
The Parties agree that each may scan, image or otherwise convert this Agreement into an electronic format of any nature, and that a copy of this Agreement produced from such electronic format is legally equivalent to the original for any and all legal purposes, including litigation.
The Agency ‘Yelp’ Terms of Service also apply to the Creditor’s submissions. If there is a conflict between those Terms and this Agreement regarding Confidential Information, this Agreement controls.
If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and in such event such provision shall be changed to the minimum extent necessary and interpreted so as to best accomplish the objectives of such provision within the limits of applicable law or applicable court decisions.
All notices permitted or required under this Agreement shall be in writing and shall be delivered by personal delivery, electronic mail, or by certified or registered mail, return receipt requested, and shall be deemed given upon personal delivery or five (5) days after deposit in the mail. Notices to the Creditor shall be sent to the address or email address the Creditor provides in the Agency ‘Yelp’ submission form or in the signature block below. Notices to ARM Tech Advisors shall be sent to ARM Tech Advisors, 8000 Spotswood Dr, Richmond, VA 23229, Attention: Scott Hamilton, CEO, email scott.hamilton@armtechadvisors.com. Any notice required herein shall be made only to the extent that such notice is not prohibited under applicable law or regulation.
This Agreement, together with the Agency ‘Yelp’ Terms of Service, sets forth the entire understanding and agreement of the Parties with respect to the subject matter hereof and supersedes all other oral or written representations and understandings, except for a signed mutual non-disclosure agreement described in Section 12. This Agreement may be executed in counterparts, each of which when so executed and delivered will be deemed an original, and all of which together shall constitute one and the same agreement.
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