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This is agreement
is entered on this 25th day of June 2002 between the Affiliate
and Fast Cash In Foreclosures LLC (www.fastcashinrealestateforeclosures.com).
This Agreement contains the complete terms and conditions that
apply to an individual's or entity's participation in the FAST
CASH IN FORECLOSURES INC., (FC) Affiliates Program (the "Program").
As used in this Agreement, "we" means FAST CASH IN
FORECLOSURES INC ("FC" Web Address), "you"
means the applicant, and "product" means any item offered
for sale in the FAST CASH IN FORECLOSURES INC website.
"Site" means a World Wide website and, depending on
the context, refers either to FAST CASH IN FORECLOSURES INC
's site (www.fastcashinrealestateforeclosures.com)
or to the site that you will link to our site.
1.
Program Enrollment
To begin the enrollment process, you must submit a complete Partner
Program application via our site. All communication for the Affiliate
program will be by email, regardless of whether Affiliate has
his/her own website. Questions should be directed first by email,
followed by phone where necessary. We will notify you of your
acceptance upon receipt of your application. We may reject your
application if we determine (in our sole discretion) that your
site is unsuitable for the Program. Unsuitable sites include sites
that:
- Promote, contain,
or link to sexually explicit materials
- Promote violence
- Promote discrimination
based on race, sex, religion, nationality, disability, sexual
orientation, or age
- Promote illegal
activities
- Contain any libelous,
defamatory, or disparaging materials
If we
reject your application, you are welcome to reapply to the Program
at any time.
2.
Listing FastCashInRealEstateForeclosures.com
on Your website
You may display as many links to FastCashInRealEstateForeclosures.com
as you would like on your website. If you incorporate our marks
or links into a site that is not subject to the terms and conditions
hereof, this Agreement will be deemed null and void. You may not
alter any banners, logos, or other content without written permission
from
FastCashInRealEstateForeclosures.com. All modified links must
be approved by FastCashInRealEstateForeclosures.com.
We reserve 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 the Agreement. You may not at any time list
prices, policies or terms, availability information, or similar
information on your site.
3.
Order Processing
We will process product orders placed by customers who follow
special links from your site to FastCashInRealEstateForeclosures.com
(or include your Affiliate Account number on their off-line orders).
We reserve the right to reject orders that do not comply with
any requirements that we periodically may establish. We will be
responsible for all aspects of order processing and fulfillment.
Among other things, we will prepare order forms; process payments,
cancellations, and returns; and handle customer service. We will
track sales made to customers who purchase products using special
links from your site to our catalog and will send you reports
summarizing this sales activity. The form, content, and frequency
of the reports may vary from time to time in our discretion. To
permit accurate tracking, reporting, and fee accrual, you must
ensure that the links between your site and our site are properly
formatted. If our product pages change and you have links that
direct visitors to those pages, we will redirect your visitors
to an appropriate page automatically.
4.
Commissions
We will pay you commission on all product sales to third parties.
For a product sale to generate a commission, the customer must
follow a link from your site to our site, purchase the product
using our automated ordering system, accept delivery of the product
at the shipping destination, and remit full payment to us. Alternatively,
customer may designate your pre-assigned Affiliate Account Number
on direct, fax or Toll Free orders.
5.
Fee Schedule
You will earn commission based on the sale price of qualifying
products, according to fee schedules to be established by us.
Sale price means the sale price a customer pays for a product
and excludes costs for shipping, handling, gift wrapping, returns,
charge-backs, fraud, exchanges, credit card processing fees, and
taxes. The current fee schedule is as follows:
6.
Fee Payment
Subject to the terms and conditions of this Agreement, we will
pay you commission on a monthly basis. Approximately 30 days following
the end of the calendar month, we will send you a check for the
commission earned on products that were shipped during that month,
less any taxes that we are required by law to withhold. If the
fees payable to you for any month are less than $25.00, we will
hold those fees until the total amount due is at least $25.00
or until this Agreement is terminated (if earlier). If a product
that generated a commission is returned by the customer, we will
deduct the corresponding fee from your next monthly payment. If
there is no subsequent payment, we will send you a bill for the
fee.
7.
Policies and Pricing
Customers who purchase products through this Program will be deemed
to be customers of FastCashInRealEstateForeclosures.com
. Accordingly, all FastCashInRealEstateForeclosures.com
rules, policies, and operating procedures concerning customer
orders, customer service, marketing, promotions, and product sales
will apply to those customers. We may change our policies and
operating procedures at any time. We will determine the prices
to be charged for products sold under this Program in accordance
with our own pricing policies. We will use commercially reasonable
efforts to present accurate information, but we cannot guarantee
the availability or price of any particular product.
8.
Partner Program Responsibilities
You will be solely responsible for the development, technical
operation, and maintenance of your website and for all materials
that appear on your website. Among other things, this includes
ensuring that product descriptions and articles on your website
comply 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.
"FC" disclaims all liability for these matters. Further,
you will indemnify and hold "FC" harmless from all claims,
damages, and expenses (including but without limitation to attorneys'
fees) relating to the development, operation, maintenance, and
content of your site.
Except as provided here, you agree that you have no rights, title,
or interest in or to the logo, the message, or other images. You
agree not to apply for registration of any of the trademarks (or
any mark similar thereto) anywhere around the world. You agree
that you will not engage, participate, or otherwise become involved
in any activity or course of action that diminishes and/or tarnishes
the image and/or reputation of FastCashInRealEstateForeclosures.com.
Affiliates acknowledge and agree that their website information
(name, URL, traffic counts, etc.) may be utilized by FastCashInRealEstateForeclosures.com.
Possible uses include (but are not limited to) lists of the busiest
sites, lists of member sites, etc. Affiliates agree to allow FastCashInRealEstateForeclosures.com
to use screen shots of any Web page that contains the FastCashInRealEstateForeclosures.com
HTML code in FastCashInRealEstateForeclosures.com
promotional materials.
Anyone found in deliberate violation of these terms and conditions
is subject to termination from the FastCashInRealEstateForeclosures.com
Program. Spamming, or any bulk transmission
or solicitation to customers or potential customers who have not
specifically "opted-in," is strictly prohibited. Refer to paragraph
1 of this document for further definitions of unsuitable behavior.
Such generally unsuitable behavior, or others as determined by
FastCashInRealEstateForeclosures.com
will constitute grounds for termination from the Program.
Affiliate
agrees to provide access (opt-in) to FastCashInRealEstateForeclosures.com
for promotional messages, updates and sales information. If Affiliate
elects to terminate affiliate status, or is terminated, he or
she will be given opportunity to rescind access ("opt-out").
9.
Conflicts and Disputes
Applicable
Law; Arbitration. All visitors to this website hereby agree that
any and all disputes, however significant, between yourself and
FastashInRealEstateForeclosures.com
arising out of, relating in any way to, or in connection with
this website (i) shall be governed by the laws of the State of
New Jersey applicable to contracts made and to be wholly performed
in the State of New Jersey, and (ii), shall be settled through
mediation by a mutually acceptable, credentialed party in Newark,
NJ., and [iii], if this proves unsuccessful in resolving the dispute,
shall be solely settled by an arbitration conducted in accordance
with the rules of the American Arbitration Association or any
similar successor body before a panel of three arbitrators (except
in connection with an action for an injunction or other equitable
relief. The award of the arbitrators shall be final, and the parties
agree to waive their right to any form of appeal, to the greatest
extent allowed by law. Judgment upon any award of the arbitrators
may be entered in any court having jurisdiction. Such arbitration
shall be held only in Newark, NJ.
10.
Terms of the Agreement
The terms of this Agreement will begin upon our acceptance of
your Program application and will end when terminated by either
party. Either party 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 commission on sales
occurring while a participant in good standing in the Program
. Fees earned through the date of termination will remain payable
only if the related product orders are not canceled or returned.
We may withhold your final payment for a reasonable time to ensure
that the correct amount is paid.
11.
Modification
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting
a change notice or a new agreement on our site. Modifications
may include, for example, changes in the scope of available commissions,
fee schedules, payment procedures, and Program rules. IF
ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS
TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE
PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT
ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
It remains your responsibility to refer to this site to see if
the agreement has changed. We will make a good faith attempt to
advise you of changes via email, but we are not obligated to do
so, nor can we be responsible for unreceived messages.
12.
Relationship of Parties
Each party shall act as an independent contractor, and nothing
set forth in this Agreement will create any 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.
13.
Limitation of Liability
We will not be liable for indirect, special, or consequential
damages (or any loss of revenue, profits, or data) arising in
connection with this Agreement or the Program, even if we have
been advised of the possibility of such damages. Further, our
aggregate liability arising with respect to this Agreement and
the Program will not exceed the total commissions paid or payable
to you under to this Agreement.
14.
Disclaimers
We make no express or implied warranties or representations with
respect to the Program or any products sold through the Program
(including but without limitation to warranties of fitness, merchantability,
non-infringement, or any implied warranties arising out of a course
of performance, dealing, or trade usage). In addition, we make
no representation that the operation of our site will be uninterrupted
or error-free, and we will not be liable for the consequences
of any interruptions or errors.
15.
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) SOLICIT CUSTOMER REFERRALS
ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT
OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING
IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE,
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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