Please read the
agreement document below before registering.
Operating
Agreement: This Agreement contains the complete terms and
conditions that apply to an individual's or entity's participation in the
Done with Debt Associates Program (the "Program"). As used in this Agreement,
"we" means Done with Debt, and "you" means the applicant.
"Site" means a World Wide Web site and, depending on the context, refers
either to Done with Debt's site located at the URL www.donewithdebt.com, or to the site that you will link to our site (and which
you will identify in your Program application).
1)
Enrollment in the Program: To begin the enrollment process, you
will submit a complete Program application via our site. We will evaluate
your application in good faith and will notify you of your acceptance or
rejection. You understand and agree that We may at any time deny you
membership in the Affiliate Program, for any reason whatsoever, which reason
need not be communicated to you. If we reject your application, you are
welcome to reapply to the Program at any time. You should also note that if
we accept your application and your site is thereafter determined (at our
sole discretion) to be unsuitable for the Program, we may terminate this
Agreement.
2) Linking
Your Site: Once you have been notified that your site has been
accepted into the Program, you may provide on your site one or more links to
our site. We will provide you with guidelines and graphical artwork to use
in linking to our home page. To permit accurate tracking, reporting, and
referral fee accrual, we will provide you with special "tagged" link formats
to be used in all links between your site and our site. You must ensure that
each of the links between your site and our site properly utilizes such
special link formats. Links to our site placed on your site pursuant to this
Agreement and which properly utilize such special link formats are referred
to as "Special Links." You will only earn referral fees with respect to
activity on our site occurring directly through Special Links: we will not
be liable to you with respect to any failure by you to use Special Links,
including to the extent that such failure may result in any reduction of
amounts which would otherwise be paid to you pursuant to this Agreement.
3)Anti Spam
Policy: You acknowledge and agree that the sending of any
unsolicited email and/or posting messages in unrelated newsgroups about
Done with Debt's opportunities or services is strictly
prohibited and will result in the immediate termination of this agreement.
4)
Lead/Enrollment Processing: We will process debt management lead
and enrollment forms placed by customers who follow special links from your
site to our site. We reserve the right to reject leads/enrollments that do
not comply with any requirements that we periodically may establish. We will
be responsible for all aspects of lead/enrollment processing and
fulfillment. Among other things, we will process lead/enrollment forms,
payments, and cancellations; and handle customer service. We will track
leads and enrollments made by customers who apply for our free consultation
or the debt management program using special links from your site to our
site and will make available to you reports summarizing this activity. The
form, content, and frequency of the reports may vary from time to time at
our discretion.
5) Referral
Fees: We will pay you (in accordance with Sections 6, 7 and 8
below) referral fees on qualifying debt management program lead forms or
enrollments to third parties. No other offers available on the site are
commissionable. For a debt management program lead form or enrollment to be
eligible to earn a referral fee, the customer must follow a Special Link
from your site to our site, select and apply for the debt management
consultation or debt management program using our automated WEB based
system. We will not, however, pay referral fees on any Lead/Enrollment forms
that are disqualified due to any of the following criteria: 1)Resides in
Michigan or New Jersey. 2)Seeking only to consolidate secured debts and/or student loans.
3)Seeking only for bankruptcy and/or credit repair services. 4)Lists
judgments as the only debt. 5)Has less than $5,000 in unsecured debt. 6)Does
not have a valid phone number and a valid email address. 7)Is a duplicate
(same individual applied for a consultation and enrollment or either form
was submitted twice by the same applicant). You may not apply for the debt
management consultation and/or enrollment during sessions initiated through
the links on your site for your own use, for resale or commercial use of any
kind. Such leads/enrollments may result (in our sole discretion) in the
withholding of referral fees or the termination of this Agreement.
Leads/Enrollments that are eligible to earn referral fees under the rules
set forth above are referred to as "Qualifying Leads/Enrollments." In
addition, you may not directly or indirectly offer any person or entity any
consideration or incentive (including, without limitation, payment of money
or awarding of any benefits) for using Special Links on your site to access
our site (e.g., by implementing any "rewards" program for persons or
entities who use Special Links on your site to access our site). If we
determine, in our sole discretion, that you have offered any person or
entity any such consideration or incentive, we may (without limiting any
other rights or remedies available to us) withhold any referral fees
otherwise payable to you under this Agreement.
6) Referral
Fee Schedule: You will earn referral fees based on qualifying
leads/enrollments according to referral fee schedules to be established by
us. The current referral fee schedule is: Tier 1: $5.00
per qualifying lead/enrollment.
7) Residual
Fee Schedule: You will earn residual fees for any client that signs
onto the debt management program through a Special Link from your site and
makes their monthly payments through Done with Debt. The current residual
fee schedule is: Tier 1: $2
per qualifying client payment.
8)
Referral/Residual Fee Payment: We will pay you referral/residual
fees on a monthly basis. Approximately 15 days following the end of each
calendar month, we will send you a check for the referral/residual fees
earned on Qualifying Leads/Enrollments and Residuals that were collected
during that month. However, if the referral/residual fees payable to you for
any calender month are less than $10.00, we will hold those
referral/residual fees until the total amount due is at least $10.00 or (if
earlier) until this Agreement is terminated. If a Qualifying Lead/Enrollment
and or Residual that generated a referral/residual fee is returned or
disputed by the customer, we will deduct the corresponding referral/residual
fee from your next monthly payment. If there is no subsequent payment, we
will send you a bill for the referral/residual fee.
9) Policies:
Customers who enroll through this Program will be deemed to be customers of
Done with Debt. Accordingly, all Done with Debt
rules, policies, and operating procedures concerning customer enrollment,
customer service, and the debt management program will apply to those
customers. We may change our policies and operating procedures at any time.
10)
Identifying Yourself as an Associate: We will make available to you
a small graphic images and or banners that identify your site as a Program
participant. You must display this logo/banner or the phrase "In association
with Done with Debt" somewhere on your site. We may modify the text or
graphic image of this notice from time to time. In addition, we encourage
(but do not require) you to include a Special Link on your site to the Done
with Debt home page at http://www.donewithdebt.com. You may not make any
press release with respect to this Agreement or your participation in the
Program without our prior written consent, which may be given or withheld in
our sole discretion.
11) Limited
License: We grant you a nonexclusive, revocable right to use the
graphic images and text described in Section 10 and such other images for
which we grant express permission, solely for the purpose of identifying
your site as a Program participant and to assist in generating visitors. You
may not modify the graphic image or text, or any other of our images, in any
way. We reserve all of our rights in the graphic image and text, any other
images, our trade names and trademarks, and all other intellectual property
rights. We may revoke your license at any time by giving you written notice.
12)
Responsibility for Your Site: You will be solely responsible for
the development, operation, and maintenance of your site and for all
materials that appear on your site. For example, you will be solely
responsible for: · The technical operation of your site and all related
equipment · Posting product descriptions/banners on your site and linking
those descriptions/banners to our site · The accuracy and appropriateness of
materials posted on your site (including, among other things, all
Enrollment-related materials) · Ensuring that materials posted on your site
do not violate or infringe upon the rights of any third party (including,
for example, copyrights, trademarks, privacy, or other personal or
proprietary rights) · Ensuring that materials posted on your site are not
libelous or otherwise illegal We disclaim all liability for these matters.
Further, you will indemnify and hold us harmless from all claims, 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 Program 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. Upon the termination of this Agreement for any reason, you will
immediately cease use of, and remove from your site, all links to our site,
and all Done with Debt trademarks, trade dress and logos, and all other
materials provided by or on behalf of us to you pursuant hereto or in
connection with the Program. You are only eligible to earn referral/residual
fees on our collections of Qualifying Leads/Enrollments and/or Residuals
occurring during the term, and referral/residual fees earned through the
date of termination will remain payable only if the related
leads/enrollments and/or residuals are not canceled or disputed. 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 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 referral fees,
referral 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.
15)
Relationship of Parties: You and we 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: 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 referral fees paid or payable to you under this Agreement.
17)
Disclaimers: We make no express or implied warranties or
representations with respect to the Program or any products sold through the
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, 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.
18)
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 WEB SITES
THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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.
19)
Miscellaneous: This Agreement will be governed by the laws of the
state of California. Any action relating to this Agreement must be brought in the
state courts located in San Diego, CA 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 provision or any other provision
of this Agreement.
