Trusted Credit Reports Affiliate Agreement
Credit Report Marketing Agreement
THIS AGREEMENT and materials contain the complete terms and conditions that apply to an individual or entity's participation in Trusted Credit Report’s (“TCR”) Credit Report Marketing Program ("Program"). This Agreement is made and entered into and between TCR and you. As used in this Agreement, "we/us/our" means TCR, and "you" means the AFFILIATE.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TCR, BY SIGNING THE AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN, ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS.
1. CREDIT REPORT MARKETING: AFFILIATE can earn residual income by selling to consumers or other business entities the ability purchase consumer credit reports. Your enrollment may be revoked at any time for any reason, and at the sole discretion of TCR. The following will be cause for your immediate termination: (i) unsuitable material or websites that (a) contain link(s) to nudity or pornography or promote sexually explicit materials; (b) promote violence; (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) promote illegal activities; (e) infringe intellectual property rights of any associated party; (f) contain in our sole judgment material that is defamatory, fraudulent, or harassing; (g) promote the use of any pyramid or similar schemes; (h) contain false or deceptive advertising or promises, guarantees or warranties of service; (i) engage in unsolicited email marketing or "spam" as determined by TCR; (j) purport to give legal advice; or (l) TCR terminates the program.
2. CREDIT REPORT BILLING POLICY: I understand, per credit bureau policy, if a credit report is requested and there is an issue with personal identifiable information and a credit report is not returned, I may be charged an authentication fee of $1.00 per attempt. I understand the client may need to contact the credit bureaus to correct any issues blocking the credit report retrieval.
I understand continual this Affiliate relationship is based on clients staying enrolled for more than one month, and although I do not have control, if I have an unreasonable percent of clients cancel after one month, dispute or charge-back I am subject to termination of my affiliate agreement.
I understand credit report pricing and features are subject to change without notice, maybe immediate, and may be applied retroactively to existing subscribers.
3. FEES and COMMISSONS: Credit Report Product - Our Affiliate program is simple; once you have received your affiliate link things are already set to go
-Send your lead to your website where our API will direct your lead and grab all their information into your system
-Email your affiliate link to your lead so they can sign up
-Your Affiliate Link may also be used in campaigns as well through Emails or Social Media
All that’s left to do is track your clients and commissions inside our easy to use Affiliate portal. Commissions are paid out through the Affiliate Portal and are as followed:
$2 per Credit Basics plan sign up of $15.99 3-Bureau Reports & ScoresMonthly Report RefreshesMonthly Score RefreshesScore Tracker
$4 per Credit Shield plan sign up of $19.993-Bureau Reports & ScoresMonthly Report RefreshesMonthly Score RefreshesScore TrackerDark Web MonitoringChange of Address MonitoringSSN MonitoringUp to $1M ID Theft Insurance
$6 per Credit Protect plan sign up of $25.993-Bureau Reports & ScoresMonthly Report RefreshesMonthly Score RefreshesScore TrackerDark Web MonitoringChange of Address MonitoringSSN MonitoringUp to $1M ID Theft Insurance3-Bureau Credit MonitoringDaily Credit Monitoring AlertsScore Simulator
Any commission payments are subject to charge-back or reduction, if any fees or commissions are refunded or reduced. Referring Affiliate must remain Active to receive commissions. If referring Affiliate is no longer active, earned commissions will immediately stop being paid. Affiliate is responsible for the cost of any commission transfer fees. The Affiliate Portal easily allows affiliates to track and control their commission payouts. TCR does not hold affiliates responsible for any disputes or charge back applied by customers. TCR collections all FEEs and Payments from customers. The Affiliate is not responsible for collections of any payments of any type. If we find that, an Affiliate is collecting any FEEs or Payments from customers in relation to credit reports, their Affiliate relationship with TCR will immediately end.
4. INDEPENDENT CONTRACTOR STATUS: Nothing in this Agreement, or in the performance thereof, shall be construed to create any partnership, joint venture, a relationship of principal, AFFILIATE, or employer and employee between TCR and AFFILIATE, or with any of their affiliates or subsidiaries. AFFILIATE shall remain an Independent Contractor as defined by law and the IRS. Furthermore, AFFILIATE acknowledges that they shall be solely responsible for the purchase and maintenance of employment or worker compensation insurance coverage (if applicable) related to their employees and that TCR or its affiliates shall have no responsibility for any such coverage. All parties have the right to exercise independent judgment as to the time, place, and manner of their respective business, related activities, and otherwise carrying out the provisions of this Agreement. Neither party has any authority to bind the other side to any action nor restraint of action, or to enter any contracts with any third parties on behalf of the other party and shall not make any representations of such authority unless otherwise expressly set forth and agreed to.
5. OPERATION EXPENSES: AFFILIATE shall be responsible for establishing their sales office, independent of TCR's, for marketing TCR products and other programs at their sole expense. AFFILIATE shall be responsible for all costs, without limitation, in conjunction with the operation of its office and its business including the computation, payment, or reporting of all sales commissions or taxes earned by its sub-AFFILIATEs and sales representatives, if any, because of their sales. AFFILIATE acknowledges that TCR shall not be liable in any manner for any payments due from AFFILIATE to any sub-AFFILIATEs or sales representatives for any reason. Further, AFFILIATE shall be responsible for managing the activities of their AFFILIATEs or sales representatives and for any action by their AFFILIATEs or representatives in conjunction with TCR Programs.
6. LEGAL COMPLIANCE: AFFILIATE represents and agrees to fully comply with ALL applicable state and federal laws that govern or regulate its status for the products or services they wish to market, including but not limited to a credit repair organization as defined by the Credit Repair Organizations Act, 15 U.S.C. § 1679, et seq. AFFILIATE will acquire and maintain all licenses, permits, and bonds required by the states in which it does business. AFFILIATE agrees to fully comply with the policies, procedures, and guidelines provided by government laws and agencies regarding the services they market and sell, and the description thereof, in any sales or marketing materials and communications. AFFILIATE further agrees that neither AFFILIATE nor any of its present or future directors, officers, employees, AFFILIATEs, or affiliates will make any predictions, guarantees, or misrepresentations regarding the nature of the services to be provided by AFFILIATE or regarding any outcomes that may be achieved by individual customers.
7. MUTUAL CONFIDENTIALITY: It is expressly understood and agreed that the contractual relationship between AFFILIATE and TCR will create the need to divulge, exchange, or share information. The parties acknowledge and agree that all information exchanged or shared shall be deemed to be Confidential Information and Trade Secrets of the respective parties.
8. CONFIDENTIAL INFORMATION: The term refers to any confidential, nonpublic, or proprietary information concerning products and services, including without limitation: information about financial affairs, partnerships, marketing plans or strategies. Current or future business opportunities, products, technology, websites, computer or other programs, customer or contact lists, relationships with third-party companies, reports, trade secrets, ideas, or any additional information in which the parties should reasonably know is confidential or proprietary. The parties acknowledge and agree that any Confidential Information received is a valuable trade secret, constituting the confidential and exclusive property of each respective side, and the receiving party has taken steps that are reasonable to protect its confidentiality. Such information derives economic value from not being known to and not readily being ascertainable by others. The parties further agree that all confidential information and all documents that contain, reflect, or generated from Confidential Information remain the sole and exclusive property of divulging party. The parties covenant and agree that they will not disclose Confidential Information to any third party, copy and use, or modify Confidential Information received for any purpose not authorized. This covenant shall be enforceable during the term of this Contract and shall continue to remain applicable after the termination of this contract for 24 months.
9. CONFIDENTIALITY OF THIS AGREEMENT: Subject to the remaining contract terms, AFFILIATE will not disclose any of the terms or conditions of this Contract to any other person or entity. The exceptions being: (1) Any Court of competent jurisdiction, or (2) arbitrator or arbitral tribunal before which any dispute or controversy may involve this Contract.
10. NON-CIRCUMVENTION OF MATERIAL RELATIONSHIPS: TCR and AFFILIATE each agree they shall not, directly, or indirectly, interfere with, attempt to circumvent each other's interest, or the interest or relationship between the "Parties" with producers, sub-contractors, sellers, buyers, brokers, dealers, distributors, financial institutions, technology owners, developers or manufacturers.
11. WARRANTY / GUARANTEE DISCLAIMER: TCR makes no warranty about the subject matter of this Agreement, or the services offered by TCR. TCR hereby disclaims all implied warranties, including warranties of merchantability and fitness for a specific purpose. YOU MAY NOT WARRANTY, GUARANTEE OR OTHERWISE PREDICT THE OUTCOME OF ANY PARTICULAR MATTER RELATING TO THE SERVICES OF TCR.
12. MUTUAL INDEMNIFICATION: AFFILIATE agrees to indemnify, defend, and hold harmless TCR and its' officers, directors, employees, representatives, AFFILIATEs, subsidiaries, in-house counsel, and other affiliates, from and against any and all third-party claims, actions, and liabilities (including all reasonable costs, expenses, and attorney's fees) arising from or in connection with (1) any claim that AFFILIATE's activities undertaken pursuant to or in furtherance of its rights or obligations under this Contract violate any law or privacy or publicity right, intellectual property right, or any other right under common, state or federal laws and regulations; (2) the products, services, materials, advice and counsel AFFILIATE provides to the public as part of its efforts to fulfill its duties and obligations under this Contract; or (3) any misrepresentations that may have been made to TCR regarding the eligibility of any customer or potential customer to receive the contracted services by TCR, or its' affiliates; (4) any predictions, misrepresentations, warranties or guarantees, that may have been made or issued to any customer or potential customers by AFFILIATE or its' present or future principals, officers, employees, AFFILIATEs or affiliates, including, but not limited to predictions, misrepresentations, warranties or guarantees regarding the nature and character of the services and efforts to be performed and/or applied by TCR as contracted by AFFILIATE, the results that would be achieved or were likely to be obtained by TCR or the outcome of such services; (5) any communications by AFFILIATE with any third party regarding the information provided to it by a lead or prospect; or (6) any failure to verify information provided by customers or potential clients or to perform appropriate background checks on its' present and future officers, employees, independent contractors, AFFILIATEs, and affiliates, (7) the gross negligence or willful misconduct of AFFILIATE, or (8) any false or inaccurate information provided by AFFILIATE which AFFILIATE knew, or exercising due care would have known, to be false or inaccurate at the time the information was delivered. TCR agrees to indemnify, defend, and hold harmless AFFILIATE and its’ officers, directors, employees, representatives, AFFILIATEs, subsidiaries, and affiliates, from and against claims, actions, and liabilities (including all reasonable costs, expenses, and attorney’s fees) arising from or in gross negligence or willful misconduct by TCR.
13. TRACKING OF SALES: TCR will track all credit report activity and will have sole responsibility and final decision regarding fees due. You are solely responsible for your sub-affiliate’s activities and submissions.
14. WEBSITE INTERRUPTION: TCR will make every effort to keep its systems and websites operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. As an AFFILIATE, You, agree not to hold TCR liable for any of the consequences, including but not limited to lost commissions, as a result of such interruptions.
15. NON-EXCLUSIVE LIMITED LICENSE AND USE OF MARKS AND INTELLECTUAL PROPERTY: We grant you a non-exclusive, non-transferable, revocable right to use of certain logos, trade names, trademarks, and similar identifying material (collectively "TCR Marks") provided to you by us hereunder, solely for the purposes anticipated by this Agreement. You agree to use the TCR marks in a manner that will not disparage TCR or that otherwise portrays TCR in a negative light. We reserve all ownership, intellectual property and any other rights in the TCR Marks and confidential information, and any other materials or information associated with any of the foregoing. We may revoke the rights granted to you pursuant to this section at any time by giving you written or electronic notice. You shall not obtain any rights in ownership or to the TCR marks. The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this agreement.
16. CHANGE OF TERMS: TCR reserves the right to change any conditions of this agreement at any time. Change notices are sent by email or written correspondence and AFFILIATE’s are responsible for complying with any changes to the agreement within 10 calendar days from the date of change. Failure of the AFFILIATE to terminate this agreement within the 10 calendar days will constitute acceptance of the changes to this agreement.
17. TERM OF THE AGREEMENT: The term of this Agreement will begin upon execution below and will end when terminated by either party. Either you or TCR may terminate this Agreement at any time and for any reason, with or without cause, by giving the other party written or electronic notice of termination. Upon termination of this Agreement, (i) all licenses hereunder shall terminate, (ii) you shall immediately remove any links, icons, banners or other marks or intellectual property of TCR from your site and (iii) sections 7, 8, 9, 10 and 12 will survive such termination.
18. RELATIONSHIP OF PARTIES: You, and TCR are independent contractors. You are providing Marketing services. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales employee, 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 would reasonably contradict anything in this section.
19. LIMITATION OF LIABILITY: TCR will not be liable to you or any other person or entity for any special, indirect, consequential or exemplary damages (including, without limitation any loss of revenue, profits, or data) arising in connection with this agreement or the program, even if we, or any of our representatives 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 fees paid or payable to you under this agreement. All claims made hereunder by you against TCR shall be made within ninety (90) days of the act or omission, which forms the basis of such claims.
20. DISCLAIMERS: We make no express or implied warranties or representations with respect to the program or any services offered 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). Our web site or any other site sponsored by us in connection with this agreement will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors or termination of any services, products or this agreement.
21. INDEPENDENT INVESTIGATION: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE WILL NOT 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 EXPLICITLY SET FORTH IN THIS AGREEMENT.
22. MISCELLANEOUS. The laws of the United States and the state of Michigan 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 Kent County, Michigan - and you irrevocably consent to the jurisdiction of such courts. 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.
If the person entering into this Agreement is acting on behalf of his or her company or organization, such person hereby represents to TCR that he or she has all requisite power and authority to enter into this agreement on behalf of such TCR or organization, that this Agreement has been duly authorized by such TCR or organization and that this Agreement will constitute a legal, valid, and binding obligation of such TCR or organization. Such person hereby agrees to indemnify and hold harmless TCR from any and all claims, damages and expense (including without limitation attorney's fees) arising from any breach of this section.
If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected hereby.
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.
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Signed by Credit Tracker Support
Signed On: November 29, 2023
If you have questions about the contents of this document, you can email the document owner.
Document Name: Trusted Credit Reports Affiliate Agreement
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