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By
clicking on the "I Agree and Understand" button on the ForeclosureFreeSearch.com
Revenue Share Program's On-Line INTERNET LINK AGREEMENT Registration
Form you are telling us that all information in your Registration
Form is true and correct and that you have read this Agreement,
understand all terms and conditions, and agree to be legally bound
by them.
"You" or "Your" means the applicant. "We" or "Our" or "Us" means
ForeclosureFreeSearch.com. "Our site" means ForeclosureFreeSearch.com,
and "your site" means your Web site or sites that you link to
our site(s). "Program" means the ForeclosureFreeSearch.com Revenue
Share Program, of which the purpose is to generate revenue for
you by promoting products and or services featured on our site(s).
CURRENT
AND FUTURE SITE ACCEPTABILITY
We reserve the right to not accept any sites that have, in our
sole opinion, any controversial or unacceptable content such as,
but not limited to, sites that promote, contain or link to: violence
or hatred; criminal or illegal activities; sexually explicit material;
discrimination based on race, color, sex, religion, nationality,
disability, sexual orientation or age; libelous, defamatory, disparaging,
obscene, offensive or other content that we deem inappropriate;
material that infringes on trademark, copyright or patent rights
of another party. You agree that such content is Not Permitted,
now or in the future, and is cause for immediate termination of
this agreement and forfeiture of any and all monies earned but
not yet paid.
Affiliates may not use the urls., trademarks, copyrighted
materials or unique content from the www.foreclosure.com website
for purposes of advertising the affiliate website, in purchasing/bidding
for keywords; or conducting any other content based marketing or advertising
for the affiliate website. This includes the use in meta-tags, or other
embedded advertising or search engine optimization. Violation of this provision
shall be cause for the immediate termination of any affiliate relationship
and the cessation of any payments due under the affiliate agreement herein.
INDEPENDENT
CONTRACTOR
You and we are independent contractors in this agreement. Either
party, and its agents and employees, are not partners, agents,
representatives, joint venturers or employees of the other party.
You have no authority to make or accept any offer on our behalf.
You will not do or say anything to contradict this independent
contractor relationship.
OUR RESPONSIBILITIES
We agree to furnish you access to our site(s) through links furnished
by us. We will provide you with all advertising banners, text
or other appropriate icons to be linked to our site(s). You may
use your own banners, icons or methods of delivering consumers
to our site(s) only upon prior written approval by us.
We will maintain
our site(s) on our server(s). We retain the right to make changes
to our site(s) as deemed necessary by us at our sole discretion
and without any advance notice. We will provide accurate daily
tracking of all traffic and or business generated for us by your
assigned links to our site(s). We will provide you with monthly
results of your traffic and or business generated.
YOUR RESPONSIBILITIES
You agree to display our links prominently on your site.
You agree to follow any instructions or guidelines we provide
for using links. You agree to cooperate fully with us to ensure
that each link is maintained and used according to our requirements.
At least once a month, you agree to check links to us to ensure
that each link to us you use on your site is up-to-date and in
the proper format. You agree to promptly substitute a link with
any new link we may provide from time to time. You will not alter,
modify or expand a link to us in any way without our prior approval.
You agree that, to the best of your knowledge and control, all
applications submitted through your links will be completed and
submitted by the same person whose name is on the application
(we can not accept applications from a "third" party). You agree
that, at our sole discretion and without advance notice, we may
monitor your site at any time as often as we wish to determine
if you are using links to us properly and to determine if you
are complying with the terms of this Agreement.
You agree to
accept email and other correspondence from us at the email and
or mail address you provide us on your Registration Form. You
agree to keep us advised and up to date on any and all changes
that may be necessary as to the information contained on the ForeclosureFreeSearch.com
Revenue Share Program On-Line INTERNET LINK AGREEMENT Registration
Form. You agree that if you advise us that you no longer wish
to receive email from us then this agreement will be considered
terminated.
You agree that
unsolicited email (spamming) and/or other generally unacceptable
forms of marketing and/or any marketing techniques, methods or
approaches that are done directly or indirectly promoting our
products and or services and are not pre-approved by us are Not
Permitted. You agree that we are the sole authority to determine
if any unapproved marketing you do for us directly or indirectly
is "generally unacceptable" or is considered "spamming".
You agree that
your failure to follow any and all terms of this agreement allows
us, at our sole discretion, to immediately terminate this agreement.
WE WILL
PAY YOU
Compensation which is earned and actually collected on accounts
originating from transactions received through your links shall
be paid monthly. We may at our sole option
add, modify or terminate said compensation addendum based upon
available programs without notice. You are responsible to periodically
check the compensation schedule posted for any changes.
In the event
that we must refund any funds paid to you for any reason, such
amount will be deducted from the following month's compensation.
If we later recover such refund, in whole or in part, the compensation
so refunded shall be paid to you in proportion to the extent of
the balance recovered. The provisions of this section shall survive
any termination of this agreement.
REVENUE
SHARING RATES. Subject to this Agreement's terms and conditions,
ForeclosureFreeSearch.com will pay Affiliate a commission ("Commission
Fees") based on the percentage of monies ForeclosureFreeSearch.com
actually receives from Customers for each monthly membership purchased
through the Affiliate Link Path. Any cancellations, refunds and/or
charge backs that occurred during the month will be deducted accordingly
from the monthly proceeds. Commission Fees for each product will
be paid at the rates set forth immediately below. No Commission
Fees will be paid for any fees that are generated through goods
and or services that are sold through any co-branded site.
25% of each subscriber fee collected.
PAYMENT SCHEDULE
ForeclosureFreeSearch.com will pay Affiliate its Commission Fees, less
any taxes ForeclosureFreeSearch.com is required to withhold by law, no
later than thirty (30) days following the end of each calendar month.
The Commission Fees will be paid in the form of a check, and mailed to
Affiliate at the address set forth in the ForeclosureFreeSearch.com
on-line application. In the event the Affiliate's Commission Fees for
any given month are one hundred dollars ($100) or less,
ForeclosureFreeSearch.com will retain the Commission Fees until such
time as the Commission Fees exceed one hundred dollars ($100), and pay
these commissions no later than 30 days at the end of the subject month
or within 30 days of the termination of this agreement. Additionally,
payment shall only be made for direct linked referrals through an
advertisement creative hosted by Affiliate. In the event that a customer
signs up through an advertisement and subsequently cancels the
subscription and thereafter directly re-signs as a subscriber, not
through Affiliate's site, no further commission will be paid to
Affiliate.
REPRESENTATIONS
AND WARRANTIES
You represent to us that you have the authority to enter into
this Agreement, that you are licensed (to the extent required
by law) to do business and to carry out your obligations in this
Agreement, and that, to your knowledge, there is nothing that
would prevent or threaten your ability to perform your obligations
in this agreement. You have independently evaluated the desirability
of participating in the program and you are not relying on any
representation, guarantee or assurance other than as stated in
this agreement.
CHANGES
We may change, modify, add or delete any term or condition of
this Agreement (collectively a "Change"), at any time and at our
sole discretion, by emailing to you or by posting on our site
the Change, effective on the date we specify. Changes may relate
to, for example, the scope or type of Commissions, the Commission
payment schedule, payment procedures and Program rules. IF ANY
CHANGE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER WE GIVE WRITTEN
NOTICE OF A CHANGE BY EMAIL OR POSTING THE CHANGE ON OUR WEB SITE
WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
WARRANTY
DISCLAIMERS
Our site is provided as is, without any express or implied warranty
of any kind with respect to our program, the links or our system(s),
policies or procedures, including, without limitation, warranties
of fitness, merchantability or non-infringement of intellectual
property. In addition, we make no representation or warranty that
the operation of our site will be uninterrupted or error free,
and we will not be liable for any interruptions, downtime or errors.
We cannot be held liable for the accuracy of, or errors in, the
reports we use from others or from the failure of others to provide
reports, although we will make all reasonable efforts to assure
such reports are accurate and timely to the best of our ability.
We may at any
time directly or indirectly solicit new customers on terms that
may differ from those in this agreement or from those in effect
at the time of this agreement. We may operate web sites that are
similar to or compete with your site.
CONFIDENTIALITY
Without prior written consent, you will not use or share with
any third party any information relating to the number, percentage
or type of visitors on your site that follow a link to our site(s)
without limitation. You will not disclose or share with any third
party the amount of compensation paid to you under this agreement.
This provision will survive termination of this agreement.
INDEMNIFICATION
We agree to hold harmless you and you agree to hold harmless us
from any and all loss, damage, liability, claims or causes of
action in any way resulting from any acts or omissions of either
us or you in connection with or in any way related to this agreement.
This mutual indemnity shall include, but not be limited to, any
loss, damage, liability, claims, or causes of action under any
state or federal consumer credit laws, including but not limited
to the Federal Truth in Lending Act and Equal Credit Opportunity
Act.
LIMITATION
OF LIABILITY
We will not be liable for indirect, special or consequential damages,
such as loss of revenue, profits or data, arising from or in connection
with this agreement or the program, regardless of whether we were
informed or had direct or imputed knowledge of the possibility
of direct, special or consequential damages. Your obligations
in this provision will survive termination or expiration of this
agreement. Except with respect to compensation payment obligations
we owe to you, the total aggregate liability relating to this
agreement that we will be liable for is $100.00.
TERM, TERMINATION
The term of this agreement is thirty (30) days from the date of
its execution by both parties, and is automatically renewed monthly
until terminated by you or us. We and/or you may terminate this
agreement at any time for any reason, for no reason and/or by
mutual written agreement between both parties hereto. Upon termination
of this agreement all compensation paid to you shall immediately
cease. The indemnification and other terms that are necessary
after the termination of this agreement shall survive any termination
of this agreement.
BINDING
AND SOLE AGREEMENT
This agreement shall be binding upon you and us and to any successors
and/or assignees. This agreement is the sole agreement between
the parties, no prior agreements or understandings shall be effective
for any reason. The waiver or failure of either party to exercise
any right provided in this agreement shall not be deemed a waiver
of any other rights. In the event that any portion of this agreement
be declared void, unlawful or unenforceable, that portion shall
be deemed stricken from this agreement and the remaining portions
of this agreement shall continue in full force and effect. You
shall comply with all United States Of America Federal, State,
and Local laws.
NO ASSIGNMENT
You will not assign any aspect of this agreement to another person
or entity without our prior written consent which will be at our
sole discretion.
GOVERNING
LAW
This agreement shall be construed and enforced in accordance with,
and governed by, the laws of The United States Of America and
or the State Of Florida. All causes of action between the parties
shall be brought in the appropriate court in Palm Beach County,
Florida. In the event of litigation, the prevailing party shall
be entitled to recover reasonable attorney fees and costs.
CORRESPONDENCE
All correspondence we send to you, including but not limited to
your compensation payments, will be sent to the email address
and or the mailing address you provided to us on the ForeclosureFreeSearch.com
Revenue Share Program On-Line INTERNET LINK AGREEMENT Registration
Form.
DIRECT ALL
CORRESPONDENCE REGARDING ForeclosureFreeSearch.com TO: ForeclosureFreeSearch.com,
2201 NW Corporate Blvd Suite 200, Boca Raton, FL 33431
Email: support@ffs.cc
ENTIRE AGREEMENT
This agreement is the complete and entire agreement of the contract
between you and us regarding this relationship and will not be
affected by any prior written or oral agreements or assurances.
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