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THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PAYDAY LOAN TODAY. BY SIGNING
UP WITH 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.
Overview
This Agreement contains the complete terms and conditions that apply to
you becoming an Affiliate with Payday Loan Today. Please note that throughout
this Agreement, "we," "us," "our" and the Company will mean Payday Loan
Today, and "you," "your," and "yours" will mean the Affiliate.
As an Affiliate your site cannot contain content that could be classified
as defamatory, harassing, harmful, obscene, racially objectionable, unlawful
or otherwise violate intellectual property rights.
Should your website be in breach of the terms in this Agreement, we
will terminate the Agreement without further notice and you will not be
eligible for any or all benefits and revenues arising from sales on the
Payday Loan Today website.
Monitoring
We have the right to monitor your site at any time to determine if you
are following the terms and conditions of this Agreement and to notify
you of any changes to your site that we feel should be made. You are responsible
for making such changes as deemed reasonable.
Paid Traffic is a No, No
We do not pay you for traffic at 5¢ per click if we find out that your
traffic is generated using cpc search engines that we have not approved of
first and/or other paid traffic
generating programs such as paid to read email. You can still sign up for our program if you use
traffic generating programs, we just won't pay you for it.
Opt-In Email Lists Are OK to Use But Must Be Approved By the
Affiliate Manager Before we Pay for the Traffic!
Affiliate Site
When a customer visits any of the pages on the Payday Loan Today website
by clicking on a link on your website, your unique Affiliate ID follows
the customer as he/she browses through the company site. Any order made
by this customer on the company site will therefore include your unique
Affiliate ID.
Policies for Funded Loan
Customers who complete the process and apply for a funded cash advancement
loan through the link on your website will be considered customers of
the Company. We will be responsible for all aspects of order processing
and fulfillment. Among other things, we will prepare order forms, process
payments, cancellations, and handle customer service. We will track sales
made to customers who originate at your site and who purchase payday loans
on our site, and will make available to you reports summarizing this sales
activity. The form, content, and frequency of the reports may vary from
time to time at our discretion.
Commission Fees
You will receive a sales commission of $50 on cash advancements between
$150-$300 AND $75 on cash advancements between $301-$500. Plus, we will
pay you $2 on all leads generated for a completed payday loan and 5¢
per unique clicks.
Affiliate Phone Order Tracking
Get paid for phone orders. Our customer service staff is trained to ask
callers how they found us. Commission credit from a loan applicant happens
when a customer calls in and recognizes your affiliate id at the paydayloantoday.com
application process. Affiliate lead customers may also ask customer service
for the "200 fee free" offer which is a giveaway to your affiliate
lead and can be credited that way.
Finally, your affiliate id code can be found on the DAYS.asp page of
the application process. We placed your affiliate id along with this note:
"Please mention this offer code <your affiliate id> for further
savings either in the offer code or or if you happen to call in to Customer
Service." You may also want to mention your affiliate id on your
home page or newsletter advertising as an extra security measure in case
your affiliate lead happens to call in and wants a $200 fee free loan
of up to $500.
Payouts
We will pay you on a monthly basis upon reaching $50 in your admin
panel at fusionquest.com. The commission fees are paid by check or
by Paypal, in US Dollars only, up to 30 days after the end of a month.
Policies and Pricing
Accordingly, all Payday Loan Today rules, policies, and operating procedures
concerning customer orders, customer service, and product sales will apply
to those customers. We may change our policies and operating procedures
at any time. For example, we will determine the prices to be charged for
cash advancements sold under this Program in accordance with our own pricing
policies. You may view the information of orders made through your site
in your admin
panel at fusionquest.com, however under our Privacy Policy you may
not view or receive personal information of the customers themselves.
You are an independent contractor, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. In addition, you may not
in any manner misrepresent or embellish the relationship between us and
you, or express or imply any relationship or affiliation between us and
you or any other person or entity except as expressly permitted by this
Agreement (including by expressing or implying that Payday Loan Today
supports, sponsors, endorses, or contributes money to any charity or other
cause).
Limited License
We grant you a nonexclusive, revocable right to use the graphic image
and text and such other text or images for which we grant express permission,
solely for the purpose of identifying your site as an affiliate participant
and to assist in generating product sales. You may not modify the graphic
image or text, or any other of our images, in any way. We reserve all
of our rights in the graphic image and text, any other images, our trade
names and trademarks, and all other intellectual property rights. You
agree to follow our Trademark Guidelines, as those guidelines may change
from time to time. We may revoke your license at any time by giving you
written notice.
Term of the Agreement
The terms of this agreement will be effective immediately. Either you
or we may terminate this agreement at any time, by giving the other party
written notice of termination. Upon the termination of this agreement
for any reason, you will immediately cease use of, and remove from your
site, all links to the Payday Loan Today site, and all Payday Loan Today
trademarks, graphics or text, and all other materials provided by or on
behalf of Payday Loan Today to you pursuant hereto or in connection with
the program. Commission fees earned AFTER the agreement has been terminated
will not be made payable and shall be declared null and void.
We Can Modify this Agreement
We may modify any of the terms and conditions in this agreement, at any
time at our sole discretion. You will be notified by email and a change
notice will be posted on our website. Modifications may include, for example,
changes in the scope of available referral fees, referral 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 CONSTITUE BINDING ACCEPTANCE OF THE
CHANGE.
Disclaimer
Payday Loan Today makes no express or implied warranties or representations
with respect to 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). In addition,
Payday Loan Today makes no representation that the operation of its site
will be uninterrupted or error-free, and it will not be liable for the
consequences of any interruptions or errors.
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 commission
fees paid or payable to you under this Agreement.
Non-Disclosure/Confidentiality
You agree that all information including, without limitation, the terms
and conditions of the Agreement, business and financial information, customer
and vendor lists, and proprietary pricing and sales information that is
not available to the public concerning Payday Loan Today shall remain
strictly confidential and shall not be disclosed to any third party for
any purpose.
Indemnification
You agree to indemnify, defend and hold harmless the Company and its employees,
representatives, agents and corporate affiliates, against any and all
claims, suits, actions, or other proceedings based on or arising from
(i) infringements of any copy right, patent, trademark, trade secret or
any other intellectual property right, or (ii) based on this Agreement,
you will pay any and all costs, damages, and expenses, including, but
not limited to, reasonable attorneys' fees and costs awarded against or
otherwise incurred by the company in connection with or arising from any
such claim, suit, action, or proceeding.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU UNDERSTAND THAT PAYDAY LOAN TODAY MAY 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 SET
FORTH IN THIS AGREEMENT.
Jurisdiction
The laws of the United States and the State of Nevada 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 Clark County Nevada, and you consent irrevocably to the jurisdiction
of such courts. 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. 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.
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