PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CRC Strategies, LLC (DBA creditrepairclassroom.com)
BY JOINING 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.
This Agreement contains the complete terms and conditions that apply to your becoming an affiliate member of creditrepairclassroom.com. Please note that throughout this Agreement, "we," "us," and "our" refer to creditrepairclassroom.com, and "you," "your," and "yours" refers to the affiliate member.
2. Affiliate Obligations
2.1. To become an affiliate, you will complete and submit the online registration form found on the creditrepairclassroom.com site. Upon submission of the form you will receive a verification email that you must respond to. Failure to respond to this email will prevent you from becoming an affiliate member. Once you respond to the verification email and sign in your affiliate registration will be complete. The fact that we auto-approve registrations does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application or membership and forfeit to you any future commissions payable, if we determine that you or your actions are unsuitable for our Program, including:
2.1.1. Promoting our program in sexually explicit places
2.1.2. Promoting our program in places that promote extreme violence
2.1.3. Promoting our program in places that discriminate based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promoting our program in places that promote illegal activities
2.1.5. Promoting our program in places that infringe or assist others to infringe in violation of any local, state, or federal laws
2.1.6. Promoting our program on a website that is otherwise in any way harmful, threatening, defamatory, obscene, harassing, or otherwise objectionable to us in our sole discretion.
2.1.7. Promoting our program on sites that contain software downloads that potentially enable diversions of commission from other affiliates in our program.
2.2. You may not use our logo without express written consent. If consent is granted, you may not modify it in any way nor use it in violation of sections 2.1-2.1.7 above.
2.3. Creditrepairclassroom.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
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. Creditrepairclassroom.com Rights and Obligations
3.1. We have the right to monitor your actions regarding our affiliate relationship with you at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any actions that we feel should be corrected to ensure that your relationship with us remains appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes as we feel are necessary, we reserve the right to terminate your participation in the creditrepairclassroom.com Affiliate Program.
3.2. Creditrepairclassroom.com reserves the right to terminate this Agreement and your participation in its Affiliate Program immediately and without notice to you should you commit fraud in your use of the creditrepairclassroom.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, creditrepairclassroom.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
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. In addition, this Agreement may terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and creditrepairclassroom.com's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in this Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
Creditrepairclassroom.com handles all of the tracking and payment of referral commissions and pays commissions on a monthly basis. All payments are made electronically, by check, or thru PayPal on or about the 20th day of each month. Payments are made when Your account balance reaches $75 or more for the previous months' transactions. Money credited to Your Account does not accrue interest. In the event of a CANCELLATION by a member referred by you, we may recover from You the corresponding Commission previously credited to Your Account. The RECOVERED Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the RECOVERED Commission, the RECOVERED Commission will be deducted against Your future earnings.
As an affiliate member of creditrepairclassroom.com, you will be able to access your Affiliate Account information through the Affiliate Member login on the site. From there you will be able to receive reports that will display the people referred by you and describe our calculation of the commissions due to you.
7. Promotion Restrictions
7.1. You are free to promote your own web sites and send your own non-spam emails, but naturally any promotion that mentions creditrepairclassroom.com 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 creditrepairclassroom.com. 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 to customers to promote creditrepairclassroom.com 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 creditrepairclassroom.com 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 creditrepairclassroom.com. 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 our Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
7.2. 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. As used herein, “Parasiteware™” 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 web page 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, Bing, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups; (d) targets text on web sites, other than those web sites 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.
CREDITREPAIRCLASSROOM.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING CREDITREPAIRCLASSROOM.COM SERVICE AND WEB SITE OR THE TOOLS, INFORMATION, OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF CREDITREPAIRCLASSROOM.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT 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.
9. Representations and Warranties
You represent and warrant that:
9.1. 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;
9.2. 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;
9.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
10. Limitations of Liability
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 CREDITREPAIRCLASSROOM.COM'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.
You hereby agree to indemnify and hold harmless creditrepairclassroom.com, 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.
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.
13.1. 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 creditrepairclassroom.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether in an email, on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
13.2. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois without regard to the conflicts of laws and principles thereof.
13.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
13.4. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
13.5. 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.
13.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.