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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PAYDAY LOAN TODAY. BY SIGNING UP
WITH OUR AFFILIATE PROGRAM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND
THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE
FOR EACH AND EVERY TERM AND CONDITION. Overview This Agreement
contains the complete terms and conditions that apply to you becoming an Affiliate
with Payday Loan Today. Please note that throughout this Agreement, "we," "us,"
"our" and the Company will mean Payday Loan Today, and "you," "your," and "yours"
will mean the Affiliate. As an Affiliate your site cannot contain content
that could be classified as defamatory, harassing, harmful, obscene, racially
objectionable, unlawful or otherwise violate intellectual property rights.
Should your website be in breach of the terms in this Agreement, we will terminate
the Agreement without further notice and you will not be eligible for any or all
benefits and revenues arising from sales on the Payday Loan Today website.
Monitoring We have the right to monitor your site at any time to determine
if you are following the terms and conditions of this Agreement and to notify
you of any changes to your site that we feel should be made. You are responsible
for making such changes as deemed reasonable. Affiliate Site
When a customer visits any of the pages on the Payday Loan Today website by clicking
on a link on your website, your unique Affiliate ID follows the customer as he/she
browses through the company site. Any order made by this customer on the company
site will therefore include your unique Affiliate ID. Policies for
Funded Loan Customers who complete the process and apply for a funded
cash advancement loan through the link on your website will be considered customers
of the Company. We will be responsible for all aspects of order processing and
fulfillment. Among other things, we will prepare order forms, process payments,
cancellations, and handle customer service. We will track sales made to customers
who originate at your site and who purchase payday loans on our site, and will
make available to you reports summarizing this sales activity. The form, content,
and frequency of the reports may vary from time to time at our discretion.
Commission Fees You will receive a sales commission of $50 on cash
advancements between $150-$300 AND $75 on cash advancements between $301-$500.
Plus, we will pay you $2 on all leads generated for a completed payday loan. Affiliate
Phone Order Tracking Get paid for phone orders. Our customer service staff
is trained to ask callers how they found us. Commission credit from a loan applicant
happens when a customer calls in and recognizes your affiliate id at the paydayloantoday.com
application process. Affiliate lead customers may also ask customer service for
the "200 fee free" offer which is a giveaway to your affiliate lead
and can be credited that way. Finally, your affiliate id code can be found
on the DAYS.asp page of the application process. We placed your affiliate id along
with this note: "Please mention this offer code <your affiliate id>
for further savings either in the offer code or or if you happen to call in to
Customer Service." You may also want to mention your affiliate id on your
home page or newsletter advertising as an extra security measure in case your
affiliate lead happens to call in and wants a $200 fee free loan of up to $500.
Payouts We will pay you on a monthly basis upon reaching $50 in
your admin
panel at fusionquest.com. The commission fees are paid by check or by Paypal,
in US Dollars only, up to 30 days after the end of a month. Policies
and Pricing Accordingly, all Payday Loan Today rules, policies, and operating
procedures concerning customer orders, customer service, and product sales will
apply to those customers. We may change our policies and operating procedures
at any time. For example, we will determine the prices to be charged for cash
advancements sold under this Program in accordance with our own pricing policies.
You may view the information of orders made through your site in your admin
panel at fusionquest.com, however under our Privacy Policy you may not view
or receive personal information of the customers themselves. You are an
independent contractor, and nothing in this Agreement will create any partnership,
joint venture, agency, franchise, sales representative, or employment relationship
between the parties. In addition, you may not in any manner misrepresent or embellish
the relationship between us and you, or express or imply any relationship or affiliation
between us and you or any other person or entity except as expressly permitted
by this Agreement (including by expressing or implying that Payday Loan Today
supports, sponsors, endorses, or contributes money to any charity or other cause).
Limited License We grant you a nonexclusive, revocable right
to use the graphic image and text and such other text or images for which we grant
express permission, solely for the purpose of identifying your site as an affiliate
participant and to assist in generating product sales. 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. You agree to follow
our Trademark Guidelines, as those guidelines may change from time to time. We
may revoke your license at any time by giving you written notice. Term
of the Agreement The terms of this agreement will be effective immediately.
Either you or we may terminate this agreement at any time, 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 the Payday Loan Today site, and all Payday Loan Today trademarks, graphics
or text, and all other materials provided by or on behalf of Payday Loan Today
to you pursuant hereto or in connection with the program. Commission fees earned
AFTER the agreement has been terminated will not be made payable and shall be
declared null and void. We Can Modify this Agreement We may
modify any of the terms and conditions in this agreement, at any time at our sole
discretion. You will be notified by email and a change notice will be posted on
our website. 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 CONSTITUE BINDING ACCEPTANCE
OF THE CHANGE. Disclaimer Payday Loan Today makes no express
or implied warranties or representations with respect to 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, Payday Loan Today makes no representation that the
operation of its site will be uninterrupted or error-free, and it will not be
liable for the consequences of any interruptions or errors. 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 commission fees paid or payable
to you under this Agreement. Non-Disclosure/Confidentiality
You agree that all information including, without limitation, the terms and conditions
of the Agreement, business and financial information, customer and vendor lists,
and proprietary pricing and sales information that is not available to the public
concerning Payday Loan Today shall remain strictly confidential and shall not
be disclosed to any third party for any purpose. Indemnification
You agree to indemnify, defend and hold harmless the Company and its employees,
representatives, agents and corporate affiliates, against any and all claims,
suits, actions, or other proceedings based on or arising from (i) infringements
of any copy right, patent, trademark, trade secret or any other intellectual property
right, or (ii) based on this Agreement, you will pay any and all costs, damages,
and expenses, including, but not limited to, reasonable attorneys' fees and costs
awarded against or otherwise incurred by the company in connection with or arising
from any such claim, suit, action, or proceeding. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU UNDERSTAND THAT PAYDAY LOAN TODAY 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. Jurisdiction The
laws of the United States and the State of Nevada will govern this Agreement,
without reference to rules governing choice of laws. Any action relating to this
Agreement must be brought in the federal or state courts located in Clark County
Nevada, and you consent irrevocably 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 be 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. |