MARKETING FEE AGREEMENT
By checking the acceptance button below the parties confirm
the terms of this Agreement (the "Agreement") is made as of date and time of
acceptance, by and between Marketing Affiliate (the "Marketing Affiliate") and
Smith & Gromann, P.A., an Interstate Partnership of Professional
Corporations whose administrative address is 2201 NW Corporate Blvd. Suite 200
Boca Raton, Florida 33431("S&G" or "CreditLawGroup").
"You" or "Your" means the applicant Marketing Affiliate. "We" or "Our" or "Us"
means CreditLawGroup.com as operated by S&G. "Our site" means
www.CreditLawGroup.com , and "your site" means your Web site or sites
that you link to our site(s). "Program" means the CreditLawGroup.com Affiliate
Marketing Program, of which the purpose is to generate marketing fees for you
by promoting products and or services featured on our site(s).
CURRENT AND FUTURE SITE ACCEPTABILITY
We reserve the right to not accept any sites that have, in our sole opinion,
any controversial or unacceptable content such as, but not limited to, sites
that promote, contain or link to: violence or hatred; criminal or illegal
activities; terrorism, terrorist sites, sexually explicit material;
discrimination based on race, color, sex, religion, nationality, disability,
sexual orientation or age; libelous, defamatory, disparaging, obscene,
offensive or other content that we deem inappropriate; material that infringes
on trademark, copyright or patent rights of another party. You agree that such
content is not permitted, now or in the future, and is cause for immediate
termination of this agreement and forfeiture of any and all monies earned but
not yet paid. This shall include any activity or suggestions which promote or
relate in any way to the unauthorized practice of law and any violation of the
Rules of Professional conduct.
INDEPENDENT CONTRACTOR
You and we are independent contractors in this agreement. Either party, and its
agents and employees, are not partners, agents, representatives, joint ventures
or employees of the other party. You have no authority to make or accept any
offer on our behalf. You will not do or say anything to contradict this
independent contractor relationship.
OUR RESPONSIBILITIES
We agree to furnish you marketing access only to our site(s) through links
furnished by us. We will provide you with all advertising banners, text or
other appropriate icons to be linked to our site(s). You may use your own
banners, icons or methods of delivering consumers to our site(s) only upon
prior approval by us and only in strict accordance with advertising or other
related guidelines associated with attorney advertising.
We will maintain our site(s) on our server(s) which may located in various
jurisdictions. We retain the right to make changes to our site(s) as deemed
necessary by us at our sole discretion and without any advance notice. We will
provide accurate daily tracking of all traffic and or business generated for us
by your assigned links to our site(s). We will provide you with daily results
of your traffic and or business generated.
YOUR RESPONSIBILITIES
You agree to follow any instructions or guidelines we provide
for using links. You agree to cooperate fully with us to ensure that each link
is maintained and used according to our requirements. You will not alter,
modify or expand a link to us in any way without our prior approval. You agree
that, at our sole discretion and without advance notice, we may monitor your
site at any time as often as we wish to determine if you are using links to us
properly and to determine if you are complying with the terms of this
Agreement.
You agree that unsolicited email (spamming) and/or other generally unacceptable
forms of marketing and/or any marketing techniques, methods or approaches that
are done directly or indirectly promoting our products and or services and are
not pre-approved by us are Not Permitted. You agree that we are the sole
authority to determine if any unapproved marketing you do for us directly or
indirectly are "generally unacceptable" or are considered "spamming". You are
advised that various third-party technical contractors and consultants are
involved in the operation of technology aspects of our site and that you may
interact with contracted for support personnel or administrative personnel in
the operation of this function.
You agree that your failure to follow any and all terms of this agreement
allows us, at our sole discretion, to immediately terminate this agreement.
WE WILL PAY A MARKETING FEES
Marketing fees for accounts marketed through your links shall
be paid monthly. We may at our sole option add, modify or terminate said
compensation addendum based upon available marketing programs without notice.
MARKETING FEE RATES
Subject to this Agreement's terms and conditions, CreditLawGroup.com will pay
Affiliate a marketing fee ("Marketing Fees") based on a flat rate related to
CreditLawGroup.com for each paid signup through the Marketing Affiliate Link
Path. Any cancellations, refunds and/or charge backs that occurred during the
month will be deducted accordingly from the monthly marketing proceeds.
Marketing fee Fees for each product will be paid at the rates set forth
immediately below.
Flat $50.00 for each single, standard account signed up and paid for regardless
as to the level or type of services or number of related transactions.
PAYMENT SCHEDULE
CreditLawGroup.com will pay Affiliate its Marketing fee Fees,
less any taxes CreditLawGroup.com is required to withhold by law, no later than
thirty (30) days following the end of each calendar month. The Marketing Fees
will be paid in the form of a check, and mailed to Affiliate at the address set
forth in the CreditLawGroup.com on-line application. In the event the
Affiliate's Marketing Fees for any given month are one hundred dollars ($100)
or less, CreditLawGroup.com will retain the Marketing Fees until such time as
the Marketing fee Fees exceed one hundred dollars ($100), and pay these
marketing fees no later than 30 days at the end of the subject month or within
30 days of the termination of this agreement. Additionally, payment shall only
be made for direct linked referrals through an opt-in creative of Marketing
Affiliate. In the event that a customer signs up through an opt-in piece and
subsequently cancels the subscription and thereafter directly re-signs as a
subscriber, not through Affiliate's site, no further marketing fee will be paid
to Affiliate.
REPRESENTATIONS AND WARRANTIES
You represent to us that you have the authority to enter into this Agreement,
that you are licensed (to the extent required by law) to do business and to
carry out your obligations in this Agreement, and that, to your knowledge,
there is nothing that would prevent or threaten your ability to perform your
obligations in this agreement. You have independently evaluated the
desirability of participating in the program and you are not relying on any
representation, guarantee or assurance other than as stated in this agreement.
CHANGES
We may change, modify, add or delete any term or condition of
this Agreement (collectively a "Change"), at any time and at our sole
discretion, by emailing to you or by posting on our site the Change, effective
on the date we specify. Changes may relate to, for example, the scope or type
of Marketing fees, the Marketing fee payment schedule, payment procedures and
Program rules and related regulatory or bar rule changes. IF ANY CHANGE IS
UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM AFTER WE GIVE WRITTEN NOTICE OF A CHANGE BY EMAIL
OR POSTING THE CHANGE ON OUR WEB SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE
OF THE CHANGE.
WARRANTY DISCLAIMERS
Our site is provided as is, without any express or implied
warranty of any kind with respect to our program, the links or our system(s),
policies or procedures, including, without limitation, warranties of fitness,
merchantability or non-infringement of intellectual property. In addition, we
make no representation or warranty that the operation of our site will be
uninterrupted or error free, and we will not be liable for any interruptions,
downtime or errors. We cannot be held liable for the accuracy of, or errors in,
the reports we use from others or from the failure of others to provide
reports, although we will make all reasonable efforts to assure such reports
are accurate and timely to the best of our ability.
We may at any time directly or indirectly opt-in new customers on terms that
may differ from those in this agreement or from those in effect at the time of
this agreement. We may operate web sites that are similar to or compete with
your site.
CONFIDENTIALITY
Without prior written consent, you will not use or share with
any third party any information relating to the number, percentage or type of
visitors on your site that follow a link to our site(s) without limitation. You
will not disclose or share with any third party the amount of compensation paid
to you under this agreement. This provision will survive termination of this
agreement.
INDEMNIFICATION
We agree to hold harmless you and you agree to hold harmless
us from any and all loss, damage, liability, claims or causes of action in any
way resulting from any acts or omissions of either us or you in connection with
or in any way related to this agreement. This mutual indemnity shall include,
but not be limited to, any loss, damage, liability, claims, or causes of action
under any state or federal consumer credit laws, including but not limited to
the Federal Truth in Lending Act and Equal Credit Opportunity Act.
LIMITATION OF LIABILITY
We will not be liable for indirect, special or consequential
damages, such as loss of marketing revenue, profits or data, arising from or in
connection with this agreement or the program, regardless of whether we were
informed or had direct or imputed knowledge of the possibility of direct,
special or consequential damages. Your obligations in this provision will
survive termination or expiration of this agreement. Except with respect to
compensation payment obligations we owe to you, the total aggregate liability
relating to this agreement that we will be liable for is $100.00.
TERM, TERMINATION
The term of this agreement is thirty (30) days from the date
of its execution by both parties, and is automatically renewed monthly until
terminated by you or us. We and/or you may terminate this agreement at any time
for any reason, for no reason and/or by mutual written agreement between both
parties hereto. Upon termination of this agreement all compensation paid to you
shall immediately cease. The indemnification and other terms that are necessary
after the termination of this agreement shall survive any termination of this
agreement.
BINDING AND SOLE AGREEMENT
This agreement shall be binding upon you and us and to any
successors and/or assignees. This agreement is the sole agreement between the
parties, no prior agreements or understandings shall be effective for any
reason. The waiver or failure of either party to exercise any right provided in
this agreement shall not be deemed a waiver of any other rights. In the event
that any portion of this agreement be declared void, unlawful or unenforceable,
that portion shall be deemed stricken from this agreement and the remaining
portions of this agreement shall continue in full force and effect. You shall
comply with all United States Of America Federal, State, and Local laws.
NO ASSIGNMENT
You will not assign any aspect of this agreement to another person or entity
without our prior written consent which will be at our sole discretion.
GOVERNING LAW
This agreement shall be construed and enforced in accordance
with, and governed by, the laws of The United States of America and or the
State Of New Jersey. All causes of action between the parties shall be brought
in the appropriate court in Essex County, New Jersey. In the event of
litigation, the prevailing party shall be entitled to recover reasonable
attorney fees and costs.
CORRESPONDENCE
All correspondence we send to you, including but not limited
to your compensation payments, will be sent to the email address and or the
mailing address you provided to us on the CreditLawGroup.com Affiliate
Marketing Program on-line INTERNET LINK AGREEMENT Registration Form.
DIRECT ALL CORRESPONDENCE REGARDING CreditLawGroup.com TO: Smith & Gromann,
P.A. /CreditLawGroup.com, 2201 NW Corporate Blvd. Suite 200, Boca Raton, FL
33431 / Email: support@creditlawroup.com
ENTIRE AGREEMENT
This agreement is the complete and entire agreement of the
contract between you and us regarding this relationship and will not be
affected by any prior written or oral agreements or assurances.
DISCLAIMER
Any fees paid to a marketing affiliate are for the sole
purpose of providing a method of compensation related to permitting the firm to
have opt-in links, banner ads, informational material related to the firm or
it's products and services displayed on the affiliate website. The word
"affiliate" is referenced herein as a customary Internet based marketing term
insofar as the marketing affiliate is in no way directly or indirectly
affiliated with the firm, unless otherwise specifically disclosed, and there is
no legal relationship other than the marketing arrangement between the parties.
Payment of marketing fees are flat fees not related to any specific product or
service offered by the firm and the same are not compensation for anything
other than for marketing services. The parties agree that any marketing fees
paid are do not constitute the sharing of or splitting of legal fees nor are
fees related to any lawyer's referral service or any other type of similar
arrangement. The marketing affiliate acknowledges that they are not agents or
representatives of the firm and they will adhere to all applicable laws,
regulations and directives with respect to the affiliate arrangement between
the parties or applicable state and federal law or bar rules. All affiliate
programs shall be in conformity with the terms of use and general site
disclaimers which are incorporated herein by reference.