Affiliate Program Operating Agreement
||This Agreement contains the
complete terms and conditions that apply to your participation in the
Mortgage-X.com Affiliate Program, and the establishment of links from your
web site to our web site.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. If we reject your application, you are welcome to reapply to the Program at any time.
2. Links on Your Site
You will provide links on your site to our "Find the Best Mortgage" page, containing the Loan Request form, in the format specified by Mortgage-X.com. We will make available to you graphic images and textual links to use in linking to our page. You shall display such graphic images and/or textual links prominently in relevant sections of your site. The images and links may be modified and/or expanded from time to time throughout the term of this Agreement. Each link connecting users of your site to our site will in no way alter the look, feel or functionality of our site.
3. Loan Request Processing
We will process loan requests completed by your visitors who follow special links from your site to the Mortgage-X.com site. We reserve the right to reject loan requests that do not comply with any requirements that we periodically may establish. We will be solely responsible for all aspects of loan request processing.
4. Referral Fees
We will pay you referral fees on loan requests completed by your visitors on our web site. For a loan request to be eligible for a referral fee, the user must follow a special link in the format specified by Mortgage-X.com from your site to the Mortgage-X.com site, and complete the Loan Request form on our site. Only loan requests that are fully and correctly completed will qualify for referral fees.
5. Fee Schedule
You will earn referral fees according to fee schedules to be established by us. The current fee schedule is:
6. Fee Payment
We will pay you referral fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for the referral fees earned on loan requests that were completed by your visitors during that quarter, less any taxes that we are required by law to withhold. Amounts less than $75.00 will be held until the calendar quarter in which the referral fees due exceed $75.00, or until this Agreement is terminated.
7. Tracking And Reporting
We will track your referral activity and will provide access to password-protected online statistics summarizing this activity. Report showing the referral fees your site has earned during any term month will be provided to you via e-mail at the end of each month. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site include your unique associate code and are properly formatted.
8. Policies and Rules
All Mortgage-X.com rules and policies apply to all your web site visitors who use our services through this Program. We may change our policies and rules at any time.
9. Limited License
We grant you a non-exclusive, revocable right to use our images for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify our images in any way. We reserve all of our rights in all our images, our trade names, trademarks and copyrights, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
10. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Such responsibilities include, but are not limited to:
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
11. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on loan requests completed during the term of the Agreement. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. You will be notified by email and a change notice will be posted on our site. Modifications may include, for example, changes in the scope of available referral fees, 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 constitute binding acceptance of the change.
13. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, 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 reasonably would contradict anything in this Section.
14. 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 referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program. 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.
16. Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit user 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.