CreditAndDebt.com - Affiliate Area

Affiliate Program Signup

Affiliate Agreement

This Agreement contains the complete terms and conditions that apply to your participation as an affiliate ("CreditAndDebt.com Affiliate") in the CreditAndDebt.com Affiliate Program of CreditAndDebt.com ("CreditAndDebt.com"), and the establishment of links from your web site to our web site, CreditAndDebt.com (www.CreditAndDebt.com.com).

1. Enrollment in the CreditAndDebt.com Affiliate Program To begin the enrollment process, you will submit a complete Membership Application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the CreditAndDebt.com Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable. If we reject your application, you are welcome to reapply to the CreditAndDebt.com Affiliate Program at any time.

2. Promotion of the CreditAndDebt.com Affiliate Relationship As a CreditAndDebt.com Affiliate, we will make available to you CreditAndDebt.com Links (the "Links"), which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of the CreditAndDebt.com Affiliate Program and will establish a link from your site to ours. a. CreditAndDebt.com Links:  Subject to the terms of clause (b) below, we will provide you with one or more CreditAndDebt.com Links, which will consist of one or more graphic images provided by us (and subject to change from time to time in our sole discretion) containing CreditAndDebt.com's logo. This link will connect the users on your site directly to CreditAndDebt.com.b. Agreements Regarding Links:  In utilizing the CreditAndDebt.com Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. Each Link will connect users of your site to CreditAndDebt.com and will in no way alter the look, feel, or functionality of your site.

3. Our Responsibilities: We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every completed form as a result of a special Link from your site, tracking the number of Leads (as defined in Section 5 (a) below and corresponding revenue, and for providing information about the revenue earned by our CreditAndDebt.com Affiliates. We will also be responsible for customer service related to the consultation request forms submitted.

4. Other Responsibilities and Opportunities of CreditAndDebt.com Affiliates a. If you qualify and agree to participate as a CreditAndDebt.com Affiliate, you shall display CreditAndDebt.com Links prominently throughout your site as you see fit and with our consent. b. Compliance with the Agreement: We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

5. Compensation Determination: a. As compensation for certain facilities and administrative services provided by the Affiliate, CreditAndDebt.com agrees to pay to the Affiliate a Marketing Lead Fee of up to $13 for debt consolidation, $10 for mortgage, $8 for foreclosure and 50¢ for credit repair (unless otherwise agreed in writing) for each unique customer who submits a full request on the CreditAndDebt.com Site (a "Lead"). b. CreditAndDebt.com shall set forth the following compensation schedule for its affiliate program members: $13 for debt consolidation, $10 for mortgage, $8 for foreclosure and 50¢ for credit repair (unless otherwise agreed in writing) per lead. Compensation Payment a. Subject to clause (b) below, based on the number of Leads originated by your users and received by us through a Link to our site, we will compensate you for fees earned as set forth in Section 5 above, and provide you with a statement of activity approximately 
ten (10) days after the end of each calendar month (a "Payment Period").b. If during the first calendar month of the term of this Agreement, or during any Payment Period following the payment of fees due you, compensation due to you does not exceed $50 (fifty dollars), then you shall not be entitled to receive any compensation during the applicable calendar month. Thereafter, you will be paid within 10 days after the end of the Payment Period during which your aggregate compensation earned during such successive period exceeds $50 (fifty dollars). At such time, you will be paid all compensation you would have otherwise been entitled to had the fees due to you exceeded $50 (fifty dollars).

7. Reports of Sales You will be given a password and have the ability to enter a password-protected site to find out how many leads were collected for each campaign on a daily basis.

8. Your Responsibilities You are solely responsible for ensuring that your site complies with all applicable copyright and other laws. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. You may not use any computer or other electronic device to send an unsolicited advertisement (also known as "spamming") to an electronic mail address of an individual with whom you lack a preexisting and ongoing business or personal relationship unless you have received an express invitation or consent/permission from that individual.  If it is suspected that your company is spamming, your account will immediately be terminated and no compensation will be paid.

9. Policies and Pricing Users who submit completed consultation request forms through the CreditAndDebt.com Affiliate Program will be deemed to be customers of CreditAndDebt.com. Accordingly, all of our rules, policies, and operating procedures concerning consultation request forms and related customer service will apply to those customers. We may change our policies and operating procedures at any time.

10. Publicity You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.

11. Limited License to Use of the CreditAndDebt.com, Logos and Trademarks a. WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS TO THE EXTENT THAT YOU ARE A MEMBER IN GOOD STANDING OF THE CreditAndDebt.com AFFILIATE PROGRAM. b. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice. c. You grant to us a non-exclusive license to utilize your names, titles, and logos as set forth on Exhibit A hereto, as the same may be amended from time to time (the "CreditAndDebt.com Affiliate Trademarks"), to advertise, market, promote, and publicize in any manner our rights hereunder; provided, however, that we shall not be required to so advertise, market, promote, or publicize. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

12. Obligations Regarding Your Site a. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site including maintenance of the electronic links to CreditAndDebt.com. b. We disclaim all liability for all such matters. Further, you will indemnify and hold us harmless from all claims, judgments, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

13. Term of the Agreement The term of this Agreement will begin upon our acceptance of your Membership Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn compensation for Leads to our site during the term, and fees earned through the date of termination will remain payable only if the Leads are not cancelled. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

14. Modification We may modify any of the terms and conditions contained in this Agreement, at any time in our sole discretion. You will be notified by email and a change notice will be posted on our site.  Modifications may include, but are not limited to, changes in the fees, fee schedules, form sizes, payment procedures, and CreditAndDebt.com Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the CreditAndDebt.com Affiliate Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

15. Relationship of Parties You and CreditAndDebt.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

16. Limitation of Liability; Disclaimer CreditAndDebt.com WILL NOT BE LIABLE TO CreditAndDebt.com AFFILIATE OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OR PROFITS, REVENUE, DATA OR SERVICES, ARISING IN CONNECTION WITH THE EXECUTION, OPERATION OR PERFORMANCE OF THIS AGREEMENT OR THE OPERATION OF THE CreditAndDebt.com AFFILIATE SITE, REGARDLESS OF WHETHER CreditAndDebt.com WAS INFORMED OR HAD DIRECT OR IMPUTED KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS IN ADVANCE. FURTHER, CreditAndDebt.com’S AGGREGATE LIABILITY WITH RESPECT TO THE EXECUTION, OPERATION OR PERFORMANCE OF THIS AGREEMENT WILL NOT EXCEED THE TOTAL OF FEES PAID OR PAYABLE TO CreditAndDebt.com AFFILIATE UNDER THIS AGREEMENT.CreditAndDebt.com MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO CreditAndDebt.com, OR THE CreditAndDebt.com AFFILIATE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, CreditAndDebt.com MAKES NO REPRESENTATION THAT THE OPERATION OF CreditAndDebt.com.com WILL BE UNINTERRUPTED OR ERROR FREE AND CreditAndDebt.com WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

17. Representations and Warranties You hereby represent and warrant to us as follows: a. You are duly organized, validly existing and in good standing and, if applicable, are qualified and/or licensed to do business and carry out your obligations under this Agreement.b. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. c. The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties. d. You are the sole and exclusive owner of the CreditAndDebt.com Affiliate Trademarks and have the right and power to grant to us the license to use your trademarks in the manner contemplated herein, and such grant does not and will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. e. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby. f. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any affiliate of yours, with respect to the execution, delivery or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.

18. Confidentiality Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agree that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.

19. Indemnification You hereby agree to indemnify and hold harmless CreditAndDebt.com and its directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the CreditAndDebt.com Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

20. Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) ENGAGE IN SIMILAR ARRANGEMENTS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE CreditAndDebt.com AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

21. Governing Law; Assignment; Waiver This Agreement will be governed by the laws of the United States and the State of Utah, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Salt Lake City, Utah, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.

22. Scope of Agreement: This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements or representations between the parties.

By submitting the application below, you agree to be bound by the provisions in the "affiliate agreement" above.

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Available Programs (select as many as you would like)
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