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Affiliate Operating Agreement

By clicking on the "I Agree and Understand" button on the ReliaCredit Marketing Affiliate 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 ReliaCredit"Our site" means ReliaCredit, and "your site" means your Web site or sites that you link to our site(s). "Program" means the ReliaCredit Marketing Affiliate Program, of which the purpose is to generate Marketing 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, threatening 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. You will not hold yourself out as attorneys, lawyers, law firms or any other services regulated as part of the practice of law. You will not provide, and your web site will not promote, credit counseling, a credit clinic, credit repair or restoration services, a detective agency, private investigation services, or employment screening services.

• INDEPENDENT CONTRACTOR

  You and we are independent parties to 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. This agreement is in accordance with the Affiliate Disclaimer which is incorporated by reference herein. You agree that the compensation provided under this agreement is for providing marketing services and is not the referral or sharing of legal fees, nor are you acting as either a lawyers referral service as regulated by state and federal law.

• 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 marketing related activity generated for us by your assigned links to our site(s). We will provide you with monthly results of your traffic and marketing 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 and such requirements governed by state or federal law or the appropriate bar authority. 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 e-mail 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 ReliaCredit Marketing Affiliate Program On-Line INTERNET LINK AGREEMENT Registration Form. You agree that if you advise us that you no longer wish to receive e-mail from us then this agreement will be considered terminated.

  You agree that unsolicited e-mail (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

  A marketing fee which is earned and actually collected on accounts originating from transactions received through your links which 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. Compensation is a flat fee and is not deemed to be a percentage or portion of unrelated fees which may be collected as part of the services rendered by the firm.

  We'll send you a check at the end of each billing month if you earned $25 or more; otherwise, your balance will be passed on the next month.

  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 marketing fee based on an as completed transaction. If we later recover such refund, in whole or in part, the fee 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.

• MARKETING SHARING RATES

  Subject to this Agreement's terms and conditions, ReliaCredit will pay Affiliate a Marketing ("Marketing Fees") based on the percentage of monies ReliaCreditactually receives from Customers for Home Valuation report 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. Marketing Fees for each product will be paid at the rates set forth immediately below. No Marketing Fees will be paid for any fees that are generated through goods and or services that are sold through any co-branded site.

• PAYMENT SCHEDULE

  ReliaCredit will pay Affiliate its Marketing Fees, less any taxes ReliaCredit is required to withhold by law, no later than thirty (30) days following the end of each calendar month. The Marketing Fees will be paid in the form of a check, and mailed to Affiliate at the address set forth in the ReliaCredit on-line application. In the event the Affiliate's Marketing Fees for any given month are one hundred dollars ($100) or less, ReliaCredit will retain the Marketing Fees until such time as the Marketing Fees exceed one hundred dollars ($100), and pay these fees 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 and thereafter directly re-signs, not through Affiliate's site, no further Marketing Fee 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 Marketing, the Marketing 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 Affiliate 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 Affiliate 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 Marketing, 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 marketing 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.

• OTHER PROVIDERS

  You acknowledge and understand that the products or services you market through the Program may be provided to end users by Intersections Inc. You acknowledge and agree that any product, service, license or permission provided by Intersections is provided on an “as is” basis. Intersections expressly disclaims any warranty of any kind whatsoever, whether express, implied, statutory, or arising from course of dealing or performance, and hereby disclaims and excludes all implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, noninfringement, noninterference with data, accuracy, or that the service is error-free. In no event will Intersections be liable for any indirect, exemplary, punitive, special, or consequential damages, including without limitation lost profits or other economic loss, lost reimbursements, and lost data, or for any claim by any third party, even if Intersections had been advised of the possibility of such damages or claim. You agree to defend, indemnify and hold harmless Intersections, and each of its employees, agents, officers, directors and shareholders, from and against any claim, suit, demand, or action, including without limitation attorneys fees, arising from your breach of this Affiliate Agreement, your site, or your business.

  You acknowledge and agree further that the trademarks CREDIT PROTECT,CREDITPROTECT, NOTIFY EXPRESS, IDENTITY GUARD, IDENTITYGUARD, YOUR CREDIT YOUR IDENTITY THEY’RE YOURS FOR LIFE, and INTERSECTIONS, are the sole property of Intersections, and that Intersections or ReliaCredit is the sole owner of any right, title or interest, including without limitation copyrights, in any materials provided to you by us. Your use of those materials and Intersections’ trademarks is subject to a limited, nonexclusive license, during the term of this Agreement only, for use solely in connection with the Program in accordance with this Agreement. You may not modify any of Intersections’ trademarks without Intersections’ express written consent. You will cease all use of the materials and Intersections’ trademarks, and remove them from your site, upon delivery to you by Intersections or ReliaCredit of notice of termination of your license or this Agreement.

  You will comply immediately with any notice delivered to you by Intersections requiring you to cease advertising, promoting or marketing Intersections’ products and services. Intersections may provide such notice if you breach this Agreement, or Intersections determines in its sole discretion that your continued activities may cause damage to Intersections, its business or its reputation, or violate an applicable law, regulation, or requirement of a credit reporting agency that supplies data to Intersections.

  You agree that Intersections is a third party beneficiary of this Agreement, and may enforce any of its provisions against you. You agree however that Intersections shall have no liability or obligation to you under or related to the subject matter of this Agreement, including without limitation any obligation to make any payment to you.

• 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 New Jersey. All causes of action between the parties shall be brought in the appropriate court in Palm Beach County, Florida.

• CORRESPONDENCE

  All correspondence we send to you, including but not limited to your marketing compensation payments, will be sent to the email address and or the mailing address you provided to us on the ReliaCredit Marketing Affiliate Program On-Line INTERNET LINK AGREEMENT Registration Form.

  DIRECT ALL CORRESPONDENCE REGARDING ReliaCredit TO: ReliaCredit.com, Administrative Offices, 2200 North Federal Highway, Suite 230, Boca Raton, FL 33431

  Email: support@ReliaCredit.com

• 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 verbal communications.