950 Credit, Inc3101 N. Central Ave, Suite 225Phoenix, Arizona 85012
Toll Free: 844.950.7368 (Rent)
Fax: 480.382.694 4
AFFILIATE AGREEMENT(Ver. SA1.01.06)THIS IS A LEGAL AGREEMENT BETWEEN YOU ("AFFILIATE") AND 950 Credit, INC. / CREDITRENTBOOST.COM ("950"). 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. 1. Overview1.1 This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in 950's Basic Affiliate Program. The purpose of this Agreement is to allow you to refer customers to our website, either verbally, and/or written, and/or by the use of sign-up links, etc.; and to receive referral commissions for this effort. 2. Affiliate Obligations2.1. Our brand is important to us and therefore will not be associated with certain inappropriate materials, activities, or websites. We will Terminate this Agreement if we determine that you and/or your site and/or marketing is unsuitable for our Program, including if it: 2.1.1 Promotes sexually explicit materials, Promotes violence, Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or Promotes illegal activities, 2.1.2 Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law, Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law 2.1.3 Includes "950" or variations or misspellings thereof in its domain name 2.1.4 Contains software downloads that potentially enable diversions of commission from other affiliates in our program 2.2 You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are 950 or any other affiliated business. 2.3 You must read the 950 Credit, INC./CreditRentBoost.com Affiliate Manual and follow the guidelines found therein. 2.4 It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights. 3. 950 Rights and Obligations3.1 We will give you an Affiliate Link with a special ID embedded. 3.2 We will give you a monthly report of customers who have signed up using your Affiliate ID. Should you see a discrepancy between our report and your own records, then we will work to remedy the discrepancy in good faith and pay any commissions that may become due to you. 950 reserves the right to make the final decision regarding any commission disputes. 3.3. We have the right to monitor your site and marketing at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site/marketing that we feel should be made, or to make sure that your links to our web site are appropriate and to further notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the 950 Credit, INC./CreditRentBoost.com Affiliate Program. 3.4. 950 reserves the right to terminate this Agreement and your participation in the 950 Affiliate Program immediately and without notice to you should you commit fraud in your use of the 950 Affiliate Program or should you abuse this program in any way. You will be considered in Default of this Agreement if such fraud or abuse is detected; and in addition to remedies defined in paragraph 4 (see Default), 950 shall in no event be liable to you for any commissions for such fraudulent sales. 950's determination in these matters shall be considered final. 3.5. This Agreement will begin upon our acceptance of this document, and will continue unless terminated hereunder, or you Default on this Agreement. 4. Default4.1 You will be considered in Default of this Affiliate Agreement should any of the Terms and Conditions of this Agreement be violated. If you Default on this Agreement, then 950 Credit, INC./CreditRentBoost.com reserves the right to terminate this Agreement and your participation in the 950 Affiliate Program immediately and without notice to you, and 950 reserves the right to make the final decision regarding any commissions due you at the time of Default. In no event will any Affiliate Fees which may have been paid to 950 be reimbursed to you. 5. No Exclusivity5.1 950 is not entering into any sort of Exclusive arrangement with you and we are free to work with other individuals or companies that wish to affiliate with us. The foregoing is true regardless of any relationship such individuals or companies may have with you. 6. Termination6.1 Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. 6.2 In addition, this Agreement will terminate immediately upon any breach of this Agreement by you (see Default). 6.3 If either party terminates this Agreement, and the termination is not due to Default, then all commissions shall be paid according the normal payment schedule. 6.4 In no event will any Affiliate Fees that may have been paid to 950 be reimbursed upon termination of this Agreement. 7. Modification7.1 We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and 950's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in 950's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes. 8. Commissions8.1 950 Credit, Inc. will pay Affiliates a percentage of gross income per sale generated directly by Affiliate's efforts. The sales must be generated via the affiliate's efforts; and this shall be documented by the use of the affiliate's tracking link. (See Section 28 for specific commission rates) 8.2 Affiliates are not compensated on ongoing recurring revenue associated with monthly subscription amounts unless specifically outlined otherwise in Section 28; compensation is paid only on the initial enrollment/sale. (See Section 28 for specific commission rates) 9. Payment9.1 950 issues payments to Affiliates monthly. Payments are made on the 20th of the month, or the next business day, following 30 days after tenant has been reported (less any refunds). Payments are made via Zelle and will be disbursed if your account has a balance of $50.00 or more. 9.2 All Affiliates must complete a W-9 before any payments will be issued. 9.3 950's internal Accounting will provide reporting and tracking of payments and 950 will have sole discretion in dispute resolution related to payments. 9.4 At no time and in no instance shall 950 provide the Affiliate with access to 950's financial statements, earnings or related internal accounting documents. 10. Promotion Restrictions10.1 You must obtain 950's written approval to use the 950 name and/or any of our brands in any ad copy, marketing material, email campaign, etc. prior to use. 10.2 You are free to promote your own web sites, but naturally any promotion that mentions 950 could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by 950. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings tocustomers to promote 950 so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote 950 so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from 950. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the 950 Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation. 10.3 Affiliates that bid in their Pay-Per-Click campaigns on key words such as 950, www.creditrentboost.com, 950, rent boost, and/or any misspellings or similar alterations of these - be it separately or in combination with other keywords - and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators. As a trademark violator, you and will be banned from 950's Affiliate Program and this Agreement will be terminated. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior. 10.4 The term "coupon" being used with our brand name is prohibited in any marketing material. An acceptable term would be "offer". 10.5 Affiliate shall not transmit any so-called "interstitials," "Parasiteware ™," "Parasitic Marketing,""Shopping Assistance Application," "Toolbar Installations and/or Add-ons," "Shopping Wallets" or "deceptive pop-ups and/or pop-unders" to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited 950's site (i.e., no page from our site or any 950's content or branding is visible on the end-user's screen). As used herein a. "Parasiteware TM" and "Parasitic Marketing" shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a webpage or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop-ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search(search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of 950 site in I Frames, hidden links and automatic pop-ups that open 950's site; (d) targets text on web sites, other than those websites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application. 10.6 Email affiliates are encouraged to be a part of the program and will be approved on a case-by-case basis. All email affiliates must be Can-Spam compliant. Please contact the affiliate manager for the most up to date creative and suppression list. All email campaigns mentioning 950, any 950 brands or rent reporting must be approved by 950 in writing prior to use. 10.7 Social Media is allowed on a case-by-case basis. You may not post your affiliate links on the CreditRentBoost social media spaces. Please contact the program manager for specifications regarding social campaigns. All social media campaigns mentioning 950, any 950 brands or rent reporting must be approved by 950 in writing prior to use. 11. Other Restrictions11.1 Due to specific guidelines set forth by TransUnion and others, 950 is not allowed to work with, comarket with, affiliate with, or in any other way transact business with companies that are considered in the business of 'Credit Repair'. As such, should 950 discover that any Affiliate is in the business of 'Credit Repair', the affiliate will be considered in Default of this Agreement and the Agreement will be immediately terminated. Any outstanding commissions will be forfeited and/or any fees that may have been paid to 950 will not be reimbursed to Affiliate for any reason. 11.2 Affiliate or Affiliate's employees, partners, sub-contractors, etc. shall not quote any type of credit score point increase other than that specifically outlined in the Affiliate Manual. 12. Disclaimer12.1 950 MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING 950 SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF 950 ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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. 13. Representations and Warranties13.1. You represent and warrant that: 13.1.1 This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; 13.1.2 You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; 13.1.3 You have sufficient right, title, and interest in and to the rights granted to us in this Agreement. 14. Limitations of Liability14.1 WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL 950'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. 15. Indemnification15.1 You hereby agree to indemnify and hold harmless 950, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us. 16. Confidentiality16.1 All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party. 17. Covenant Not To Compete17 .1. During my Affiliate Relationship with 950 Credit, Inc. and for a five (5) year period thereafter, but if a court determines this to be unreasonable, then for a four (4) year period thereafter, but if a court determines this to be unreasonable, then for a three (3) year period thereafter, but if a court determines this to be unreasonable, then for a two (2) year period thereafter, I will not, directly or indirectly own, manage, operate, control, enable (whether by license, sublicense, assignment or otherwise) or otherwise engage or participate in, or be connected as a stockholder, director, officer, employee, partner, member, lender, guarantor or advisor of, or consultant to, any corporation, limited liability company, partnership or other entity or person that, directly or indirectly (a) engages in the Business in the Business Area; or, (b) competes in the Business in the Business Area against 950 Credit, Inc. 17.2. Without limiting the generality of the foregoing, during my Affiliate Relationship with 950 Credit, Inc. and for a five (5) year period thereafter, but if a court determines this to be unreasonable, then for a four (4) year period thereafter, but if a court determines this to be unreasonable, then for a three (3) year period thereafter, but if a court determines this to be unreasonable, then for a two (2) year period thereafter, I will not in the Business Area, directly or indirectly (a) accept any business relating to the Business from any existing or prospective Business customer of 950 Credit, Inc., or solicit or knowingly encourage any such customer to terminate or adversely alter any relationship with respect to the Business such person may have with 950 Credit, Inc; or, (b) market, sell, distribute, endorse or promote, any products or services that are competitive with the Business products or services; or, (c) solicit, cause in any part or knowingly encourage any current or future customer of 950 Credit, Inc. to cease doing business in whole or in part with 950 Credit, Inc. ; or (d) solicit or encourage any employee or independent contractor of any of the Companies to terminate his or her employment or other relationship with 950 Credit, Inc., or to become employed by or otherwise associated in any other business with me or any affiliate of mine. 17 .3. Consistent with the foregoing provisions of this Section, 950 Credit, Inc. acknowledges that I may own equity interests in any enterprise that may be engaged in business competitive with the Business, but only if the equity interests are publicly traded on an established stock exchange and only if I do not own, of record or beneficially, more than an aggregate of two percent (2%) of the outstanding beneficial ownership of such enterprise. 17.4 Affiliate agrees to not work with any other company providing credit reporting services for residential lease agreement payments. All official notices and communications for Affiliate: (See Section 28) 18. Notices and Communication All official notices and communication to/for 950 Credit, INC. / CreditRentBoost.com are to be sent to: 950 Credit, INC. 3104 E. Camelback Rd. #254 Phoenix, AZ 85016 19. Compliance with Applicable Laws.19.1 The Parties shall comply with all applicable laws and industry best practices in the rendering of services and the collection, storage, and transmission of leads and other information in relation to this Agreement. 20. Arbitration.20.1 This Agreement will be interpreted, construed, and enforced in all respects in accordance with the laws of the state of the Arizona in any such action, except for its conflicts of laws and principles. In the event of disputes between us arising from or concerning in any manner the subject matter of this Agreement (a "Dispute"), prior to initiating any lawsuit in a court of applicable jurisdiction, the parties shall first attempt to resolve the dispute(s) through good faith negotiation. During the negotiation, each party will honor the other's reasonable requests for Information that is not privileged or proprietary and relates to the Dispute. In the event that the Dispute(s) cannot be resolved through good faith negotiation the parties shall submit the Dispute to the American Arbitration Association for resolution through binding arbitration by a single arbitrator pursuant to the American Arbitration Association's rules applicable to commercial disputes. This arbiter shall be chosen by the case manager using the listing process selection method as described in the rules. Any arbitration associated with this agreement shall be held in the city and state of the Defendants principal place of business. The decision reached by such arbitrator shall be entered as a judgment in any court of competent jurisdiction. The prevailing party in any dispute between the parties arising from this Agreement or other matter shall be entitled to recover its reasonable attorneys' fees and costs Incurred in connection with such dispute. Each party agrees that it will not take action to institute formal resolution proceedings with respect to any Dispute until the dispute resolution procedures in this Section have been followed. Notwithstanding the foregoing, either party, before or during any discussion or arbitration, may apply to a court of competent jurisdiction under this Agreement for injunctive relief where such relief is necessary to protect its proprietary interests or confidential information pending completion of the discussion or if the expiration of the statute of limitations for a cause of action is imminent. 21. Execution of Agreement and Severability.21.1 This Agreement shall become effective only after it has been signed by an authorized representative of the parties. In the event that any provision of this Agreement proves to be invalid, void, or illegal, that shall in no way affect, impair or invalidate any other provision, and all other provisions shall remain in full force and effect. 22. Amendment.22.1 The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only by a writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 23. Binding Agreement.23.1 All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 24. Attorneys' Fees.24.1 If any action or arbitration is brought to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs. 25. Entire Agreement.25.1 This Agreement and any exhibits and addenda attached hereto represent the entire agreement between the parties with respect to the subject matter hereof, and supersedes any prior negotiations, representations, or understandings, either written or oral, between them. 26. Waiver.26.1 A party's failure to enforce the strict provision of this Agreement will not constitute a waiver to subsequently enforce such a provision or any other provision of this Agreement. 27. Miscellaneous27.1 You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and 950 . 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section. 27.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. 27.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona without regard to the conflicts of laws and principles thereof. 27.4. 950 Credit, INC. has the right to work with any leads generated by the affiliate that enter 950's system by any means; even if the Affiliate is no longer associated with 950. Any leads that 950 Credit, INC. processes, then becomes a customer of 950. In the event that 950 Credit, INC. sells, transfers, or closes, your Affiliate Agreement may terminate. If 950 Credit, INC. transfers to new ownership or merges, it will be up to the new shareholders to re-negotiate this Agreement. 27.5. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. 28. Affiliate Specific - Commission and Notice28.1 950 Credit, Inc. shall pay Tek It Out LLC for any compensation due to the Affiliate by sales generated directly by the Affiliate's efforts; and subsequently, Tek It Out LLC will pay the affiliate directly. 28.2 All official notices and communications for Affiliate are to be sent to:
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the Effective Date.
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Signed by Credit Tracker Support
Signed On: September 27, 2023
If you have questions about the contents of this document, you can email the document owner.
Document Name: Trusted Rent Boost Affiliate Agreement
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