s
an affiliate partner you can place our banners on your Web
site and earn $25.00 for each new loan account generated through
the link to your site. To become a member of the LenderStore
Affiliate Network, simply review the Affiliate Agreement,
and then click on Join Now.
Affiliate Agreement
his
agreement ("Agreement"), between you and LenderStore
Inc. ("LenderStore"), covers your participation
in an open-term promotion (the "Affiliate Network")
of LenderStore on your Web site in exchange for payment based
on the terms and conditions set forth below. LenderStore will
make available to participants in the Affiliate Network graphical
image files promoting the LenderStore Web site (individually
an "Image").
- This Agreement will commence on the
date your application to join the Affiliate Network is accepted
by LenderStore, and will continue unless terminated by one
of us. Please note that we will reject any Web site that
does not feature customer-friendly Web site navigation,
contains content (including pornographic or hateful content)
that we, in our sole discretion, determine does not meet
acceptable commercial or aesthetic standards. Immediately
thereafter, you may download one or more Images for posting
on your Web site. Placement of the Image on your home or
default page will be at your sole discretion. LenderStore
reserves the right to terminate the Agreement immediately
if a majority number of the loan applications do not meet
our minimum guidelines.
- LenderStore will furnish you with
a monthly report including the count of click-through leads
and the number of booked loans for which payment to you
is due. You will be paid twenty-five dollars ($25.00) for
each auto loan booked by LenderStore, which originates from
your Web site. Payment shall be made within fifteen (15)
days of the end of each quarter for each booked loan during
such quarter. a) All information relating to the calculation
of the quarterly amounts paid to you, including but not
limited to the number of accounts booked by LenderStore,
shall be considered proprietary information of LenderStore,
and shall be held in strictest confidence by you and will
not, without the prior written consent of LenderStore, be
disclosed by you to any other person, in any manner whatsoever,
in whole or in part, and will not be used by you directly
or indirectly for any purpose other than confirming the
accuracy of the calculation referred to above.
- LenderStore hereby grants to you a
non-exclusive right to (i) establish a hypertext link to
the LenderStore Web site, and (ii) use, in connection with
establishing that link, each Image (including all copyrighted,
trade or service marked or other protected intellectual
property contained therein) for the purposes described in
this Agreement; provided, that you will not add, subtract
or in any way alter or edit any Image (including, for this
purpose, any machine-readable code which may be a part of
any Image), nor will you make any use whatsoever of any
Image or any other element of LenderStore's intellectual
property (including but not limited to LenderStore's name,
whether used in a URL, a metatag or otherwise) other than
for the purposes of, and as contemplated by, this Agreement
or as may otherwise be specified by LenderStore in writing.
By accepting membership in the Affiliate Network, you agree
specifically to refrain from (i) originating, authorizing,
or participating in any promotions, whether by e-mail, telephone
or otherwise, of LenderStore (including but not limited
to "spamming"), and (ii) issuing any press release
mentioning LenderStore, unless such promotions have been
specifically approved in writing by LenderStore.
- This Agreement is the sole and complete
Agreement covering the subject matter hereof and may only
be amended in writing signed by both parties, except in
the case of transfer as described below. This Agreement
is made in accordance with and governed by the laws of the
State of California. Any provision of this Agreement deemed
unenforceable by a competent court of jurisdiction may be
deleted, leaving the remainder of the Agreement operable
and in effect. In the event of a dispute, the parties shall
first seek mediation, and if the parties still seek to litigate
the issue, then the prevailing party may recover the attorneys'
fees and related litigation expenses (expert fees, etc.).
This Agreement is nontransferable, except in the event of
a sale of all or substantially all of the assets or stock
of the transferring party as part of an acquisition or merger,
including any reorganization or re-incorporation.
- Each party
hereto agrees to indemnify and hold harmless the other party
and each of its agents, officers, directors, and employees
against all liability to third parties resulting from the
acts, or failures to act, of such indemnifying party, or
any acts of its customers or users. LenderStore agrees to
indemnify you for any actions based on stolen credit card
information or fraudulent applications or other credit card
abuses from applications completed on the LenderStore Web
site. In no event shall either party hereto be liable for
payment of consequential damages resulting from the default
in performance of their respective obligations pursuant
to this Agreement. NO WARRANTIES ARE MADE BY EITHER OF THE
PARTIES HERETO AS TO THE SERVICES OR TECHNOLOGY DESCRIBED
IN THIS AGREEMENT AND EACH PARTY HERETO EXPRESSLY DISCLAIMS
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AS IT RELATES
TO THE TECHNOLOGY AND SERVICES PROVIDED PURSUANT TO THIS
AGREEMENT.
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