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"CashFlowFromCreditCards.com Site ownership" and "CashFlowFromCreditCards.com Site" refer to the online, configurable site hosted and maintained by CashFlowFromCreditCards.com through which you will market Credit Cards and other Financial Services products (defined below) to customers;
"CashFlowFromCreditCards.com" refers collectively to all Sites and other software, including but not limited to the CashFlowFromCreditCards.com web site (located at http://www.CashFlowFromCreditCards.com), owned, hosted, and maintained by CreditNewsCenter.com, or its designees;
"Your Site" refers to web pages and sites, including the Site, on which you have permission to display images, text, information, or other materials (defined below);
"Your Content" refers to the images, text, information, and other materials uploaded to the Site;
"Your Site Name" refers to the name you choose to give the Site, subject to the Terms and Conditions set forth below.
DEFINITIONS
As used in this Agreement, the capitalized terms below will have the following definitions:
“Customer” means any customer who visits your website.
“Products” means one or more categories of financial services products made available by CashFlowFromCreditCards.com or its partner and designees;
“Qualified Lead” means any lead selected from Your Site that meets all of the following criteria required by the Provider to receive compensation, namely the applicable Customer must (1) complete the application for the specific product; and/or (2) be approved for the product being offered, such as a credit card, loan or insurance package.
“Revenues” means the compensation paid to You for Qualified Leads generated in connection with Your participation in the CashFlowFromCreditCards.com Site ownership program.
“Services” means the services We provide to You under this Agreement in connection with Your participation in the CashFlowFromCreditCards.com Site ownership program.
“CashFlowFromCreditCards.com Site ownership” means an operator of an online site available through CashFlowFromCreditCards.com.
“CashFlowFromCreditCards.com Site ownership opportunity” means the service available through the web site CashFlowFromCreditCards.com having an address of http://www.CashFlowFromCreditCards.com or any replacement thereof.
“Your site” means to the online, configurable site provided, hosted and maintained by CashFlowFromCreditCards.com pursuant to this Agreement, and through which You will have the capability to market Credit Cards and other Financial Services products to Customers.
“Your site Name” means the name You choose to give Your site, subject to this Agreement.
“Your site URL” means the site address that you choose from the list of available web addresses provided by CashFlowFromCreditCards.com or URL that you suggested to be registered by CashFlowFromCreditCards.com for the sole purposes for your site URL.
“Your Web Site(s)" means all web sites and web pages owned or operated by You, excluding Your site, on which You have permission to display text, images, information and other materials as defined in this agreement.
SITE OWNER; ELIGIBILITY
Site owner
To become a Site owner and to access and use the Services: (a) You must accept, by clicking on the “I ACCEPT” button, and comply with, the terms and conditions of this Agreement; (b) You must complete the online registration form; and (c) We must receive Your payment for the set-up fee and the monthly hosting and maintenance fees for the program You have requested (all of the foregoing is collectively referred to as the “Registration Process”).
Eligibility
You must have the legal capacity to enter into an enforceable contract. Minors are not eligible. You represent that You are at least 18 years of age, and have all necessary power, competence, and authority to enter into this Agreement. We reserve the right to refuse to register or de-register You as an ineligible site Operator at any time in Our sole discretion.
SETTING UP YOUR SITE
Site
Subject to the terms and conditions of this Agreement, CashFlowFromCreditCards.com will use commercially reasonable efforts to make available to you an online means (the "Admin area") to configure and manage a Site that will be sited on and operated from the server(s) of CashFlowFromCreditCards.com or its designees. Through the Admin area, you will be able to select site template design, site name, site colors, site font, etc. For each Product listed on the Site, CashFlowFromCreditCards.com will display a short description, other pertinent information and a link to apply for the Product.
Products
You will not be able to change or modify the content, images or information relating to Products provided by CashFlowFromCreditCards.com.
Specifically Prohibited Activites
Without limiting any other provision of this Agreement: Because you will not be responsible for any aspect of order processing or fulfillment, you agree not to make any statement, whether on Your Web Sites, the Site, or otherwise, representing or implying that you are responsible for order processing or fulfillment; and because you understand that federal and state laws seek to protect consumers from misleading advertising, you agree not to make any statement, whether on Your Web Sites, the Site, or otherwise, that could be interpreted as a representation or warranty regarding any Product.
Site URL
When signing up for a site, you as the owner can choose from a list of available URLs provided by CashFlowFromCreditCards.com or a URL that you suggest to be registered by CashFlowFromCreditCards.com for the sole purposes for your site URL. It is Siteowner's responsibility to make sure that suggested domain name is available for registration at the time of execution of this agreement. CashFlowFromCreditCards.com pays for the registration of the URL as part of the set-up fees and reserves the domain name in Our name. Upon termination of the agreement (i.e. terminating your CashFlowFromCreditCards.com membership) you have the option of requesting the URL transfer from CashFlowFromCreditCards.com to you for a flat fee of $35.
Using Your Site
You may use the Services and Your site solely for Your individual purposes in accordance with this Agreement. You may not permit any one else to use the Site Admin Page. It shall be Your responsibility to safeguard any login and password(s) required to access the Site Admin Page, or the secure areas of Your site or the Services, and You shall be liable for any unauthorized use thereof. You may not use or attempt to use the Services or Your site as a service bureau or to set up a service offering site services to third parties.
Application Processing and Reporting
Our designees will be responsible for processing Customer orders for Financial Services products, processing Customer applications, and tracking all leads generated through Your site, providing You with online reports summarizing such leads activity, and providing Your Customers with customer service and supports. CashFlowFromCreditCards.com and our designees reserve the right to reject any Customer order if it does not qualify as a “Qualified Lead” or for any other reason. Revenues from leads of Financial Services products shall be tracked and recorded to Your member account. You agree not to make any statement, whether on Your Web Site(s), Your site, or otherwise, representing or implying that You are responsible for reviewing applications, customer service, support or fulfillment.
CashFlowFromCreditCards will provide statistical reporting for applications and approvals. You agree to accept CashFlowFromCreditCards reporting for all Qualified Leads generated from your site.
PAYMENTS AND TAXES
Payments
CashFlowFromCreditCards will pay out your Revenues on monthly basis. All of the payments are to be sent on or before the 23rd of each month. We will send You a check (or PayPal) for any Revenues, as described above, on Qualified Leads completed, provided, however, that if the available revenues payable to you are less than twenty five dollars ($25.00), We may hold these funds until either the total amount of revenues is at least twenty five dollars ($25.00) or this Agreement is terminated, whichever is earlier. If CashFlowFromCreditCards.com terminates this Agreement in the event of your breach, We may withhold Your profits at least until any dispute regarding Your breach of this Agreement is resolved. It is your responsibility throughout the term to provide us with your current mailing address, and You acknowledge that We cannot be responsible for any payment if You do not provide CashFlowFromCreditCards.com with such a current address.
Taxes
You agree to pay all federal, state, and local, personal property, and other taxes (excluding taxes on Our income) arising as a result of this Agreement, including without limitation, any federal or state taxes due on profits. If You are a U.S. resident and reach the applicable tax thresholds, (1) We shall provide You with a Form 1099-MISC “Miscellaneous Income,” and (2) You shall provide Us with Your valid social security or other federal tax identification number upon request.
POLICIES AND PRICING
You shall comply with all laws, rules, regulations, and duties applicable to your use of the Services and your site. CashFlowFromCreditCards.com reserves the right to change our policies and operating procedures concerning Products and Services pricing or any other matter relating to your site at any time and for any reason. The Service is provided as is with out any obligations, guarantees and it is refundable only if cancelled within 30 days of initial registration. In the event that You cancel your site within the first 30 days, you are not eligible to receive any commissions generated from your site. Pricing for each Qualified Lead is detailed in the Admin section and can change at any time for any reason at the sole discretion of CashFlowFromCreditCards.com.
CASHFLOWFROMCREDITCARDS.COM TRADEMARKS
If you desire to use CashFlowFromCreditCards.com and its designees trade name, trademark, and/or associated logo (collectively the “Marks”) to promote your site or for any other reason, please send email to our customer service department at info@CashFlowFromCreditCards.com and request permission to do so. If we notify you in writing that we are willing to grant you such permission, the following trademark license shall apply: We grant you, for the term of this Agreement, a royalty-free, non-exclusive, nontransferable, non-sub licensable, limited, worldwide license to use the Marks for the sole purpose of providing a hyperlink to CashFlowFromCreditCards.com or your site, including without limitation any web pages displaying the Products marketed thereon. You acknowledge that we own the Marks and you agree not to claim any ownership in such Marks. You shall at no time adopt or use, without our prior written consent, any variation of the Marks, any mark (including without limitation Your site Name) incorporating any of the Marks, or any mark likely to be similar to or confused with any of the Marks. Any and all goodwill arising from your use of the Marks shall inure solely to the benefit of CashFlowFromCreditCards.com, and you agree not to assert any claim to the Marks or associated goodwill. You agree to cooperate fully with us as we may request to ensure proper and appropriate usage of the Marks, including but not limited to following all of our usage guidelines regarding the Marks. We reserve the right to revoke your limited license.
SITE PROMOTION
Each Siteowner shall have sole responsibility for all marketing, advertising and promotion of your site, and you, and not CashFlowFromCreditCards.com shall pay any and all marketing, promotional or advertising expenses or costs You incur in connection with such activities. CashFlowFromCreditCards.com strictly prohibits any tele-sales marketing and any advertising and promotions that results in You manually typing in applications on behalf of your clients. In the event that we determine your leads to have been generated via in-bound or out-bound tele-sales efforts, CashFlowFromCreditCards.com can invalidate all leads from the transaction reports and terminate your account.
The banks and credit card companies strictly prohibit and off-line event-based marketing and promotions that include incentives, tabling or collection of applicants' information that could be stored and submitted on behalf of the applicant at a later date. In the event that we determine your leads to have been generated via tabling, incentive or other promotional efforts, CashFlowFromCreditCards.com can invalidate all leads from the transaction reports and terminate your account immediately.
PAY-PER-CLICK ADVERTISING COMPLIANCE
American Express Search Engine Marketing Policy
We request that as a partner of American Express you abide by our terms and conditions and ask that you do not bid on our trademark names or renditions thereof. We police keyword bidding on the below terms daily, and in order to remain in compliance with our terms of service, we'd like to remind you of the following restrictions on keyword bidding. If you are found to be in violation of the American Express terms we will be forced to remove you from the program.
Please do not use any of our trademark names or renditions thereof in any part of the Title, Heading, Description, or Display URL of your ad.
Affiliates may not bid on any phrases containing "American Express" or "Amex" such as:
American Express
Amex
American Express Card
American Express Credit Card
American Express Charge Cards
Amex Charge Cards
Blue from American Express
American Express One
Chase Brand Restricted Trademark Terms:
1) Add Chase as a negative Keyword to your Search strategy. To make words a negative in Google, you need to add the following to the various AdGroups you’re advertising on:
-Chase
-Chase Credit Card
-Chase Credit Cards
-JP Morgan Chase
-Chase Manhattan
-Chase Manhattan Bank
2) In addition, the following terms are prohibited from any sort of advertising:
Chase
Chase bank
www.chase.com
www.creditcardsatchase.com
www.chasecreditcard.com
chase.com
creditcardsatchase.com
chasecreditcard.com
chase credit card
chase credit cards
Chase Freedom
Freedom Card
Discover Restricted Trademark Terms:
Affiliates are prohibited from placing bids on any Discover Financial Services branded keywords within any PPC campaign. This restriction applies to all search engines, specifically Google, Yahoo and MSN.
In addition, affiliates are not permitted to use Discover Card's branded terms in the listing title or description when bidding within any PPC vertical. Affiliates will be expected to negative match the term "Discover Card" on all of their keyword buys.
Please reference the list below for keywords that are a brand or trademark of Discover Financial Services that CAN NOT be bid on and must be negative matched.
Discover
Discover Card
Discover Financial
Discovercard
Discovercard.com
Discover Credit Card
Discover Application
Discover Card Application
Discover Platinum
Discover Miles
Discover Gas
Discover Student
Discover Gas Card
Discover Miles Card
Discover Platinum Card
Discover Student Card
Cashback Bonus
Apply for Discover Card
Discover 2GO
Discover Brokerage
Discover Network
It Pays More to Discover Platinum
It Pays More to Discover
It Really Does Pay to Discover
Novus
There’s Always Something More to Discover
Tribute Award
In summary, bidding on American Express, Chase and Discover-related trademarked terms and phrases is strictly prohibited.
MARKETING TIPS
CashFlowFromCreditCards.com will provide you with marketing tips that can be found in your Site owner Admin area. Upon accepting this agreement you acknowledge that CashFlowFromCreditCards.com does not guarantee that the information provided in Advertisement Solutions area will result in your profitability. Once agin, CashFlowFromCreditCards.com prohibits any in in-bound or out-bound tele-sales efforts and any marketing that will result in You completing applications on behalf of others.
CASHFLOWFROMCREDITCARDS.COM SPAM POLICY
The Site is vigorously against the practice commonly referred to as "Spam". Users who are reported and whose claims of "Spam" are validated by the Site, will have their respective accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of the CashFlowFromCreditCards.com management. We define "Spam" as: (1) Electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient; (2) Messages posted to Usenet and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; (3) Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as AOL Instant Messenger).
SITE OWNERSHIP
You acknowledge and agree that CashFlowFromCreditCards.com is and shall remain the owner of the Network, the Site, and any and all component parts thereof (excluding Your Site Name and URL if suggested by you), including but not limited to any intellectual property rights therein. Except as otherwise expressly set forth in this Agreement, you agree not to copy, reverse engineer, disassemble, decompile, modify, or translate all or any part of the CashFlowFromCreditCards.com Web Site, the Network, or the Site, provided that you may modify your Site as permitted through the use of the Admin area.
ACKNOWLEDGMENTS
By agreeing to these Terms and Conditions, you represent that you are at least 18 years old and are authorized to enter into this Agreement, are entering into this Agreement on your own behalf, have independently evaluated the desirability of entering into this Agreement, and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement. You acknowledge that nothing in this Agreement should be construed as guaranteeing the purchase of any Product, or the generation of any referral fees from your operation of the Site. You represent and warrant that the Site will not be used in connection with any illegal purpose. At any time upon request by CashFlowFromCreditCards.com, you agree to sign a non-electronic version of this Agreement.
NON-DISCLOSURE
You acknowledge that during the term of this Agreement You may obtain confidential and/or proprietary information relating to CashFlowFromCreditCards.com, the CashFlowFromCreditCards.com sites Network, your site or the Services (collectively referred to as “Proprietary Information”). You acknowledge that we or our licensors own all such Proprietary Information. Proprietary Information shall not include information that is or becomes publicly known through no wrongful act of yours or of another site Operators of participating in the CashFlowFromCreditCards.com sites Network. You shall not disclose Proprietary Information to third parties without Our prior written consent, and you agree to undertake reasonable measures to ensure that the Proprietary Information is kept confidential. You also agree to report immediately to us any unauthorized disclosure of Proprietary Information of which you have knowledge. You acknowledge and agree that, due to the nature of the CashFlowFromCreditCards.com sites Network, Your site, and any Proprietary Information, there can be no adequate remedy at law for any breach of Your obligations hereunder; that any such breach may cause irreparable harm to Us; and therefore that, upon any such breach or threat thereof, We shall be entitled to injunctive and/or other appropriate equitable relief in addition to whatever remedies We may have at law.
MODIFICATION OF THE THIS AGREEMENT AND SERVICES
CashFlowFromCreditCards.com reserves the right to modify any of the terms and/or conditions of this Agreement, at any time and at CashFlowFromCreditCards.com sole discretion, by posting a change notice or a new agreement on our web site. Any modification shall take effect three (3) days following our posting of a change notice or new agreement on the CashFlowFromCreditCards.com Web Site. You agree to periodically review the CashFlowFromCreditCards.com Web Site for modifications to this Agreement.
TERMINATION
This Agreement shall be effective upon the date on which CashFlowFromCreditCards.com provides you with access to your Site and Admin Area. This Agreement may be terminated as follows: (1) by you, at any time and for any reason, (2) by CashFlowFromCreditCards.com, at any time and for any reason, by providing you with ten (10) days advance notice; or (3) by CashFlowFromCreditCards.com immediately upon notice to you in the event of any breach by you of the terms of this Agreement. Upon any termination of this Agreement your access to the Admin Area will terminate, and Internet access to your site will be unavailable. In the event of a breach, CashFlowFromCreditCards.com may invalidate any leads generated from Your site.
DISCLAIMER
The Services, Your site, the CashFlowFromCreditCards.com Web Site and the CashFlowFromCreditCards.com sites Network, including all communities and other sites, content, features, Products and services we make available to you or your Customers pursuant to this Agreement, are provided on an “as is” and “as available” basis, at your sole risk and without representations or warranties of any kind, either express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, non-infringement, or otherwise arising out of a course of performance, dealing or trade usage. Nor are any warranties or commitments made that access or use will be uninterrupted, error free or secure, or as to the results to be obtained from any access or use. You further acknowledge that We bear no responsibility for (a) any Products, (b) the ability (or inability) to apply for any Products, or (D) Your site Name and URL. You agree that any dispute regarding any Products shall be directed to the provider or supplier of the Products, and not to us.
LIMITATION OF LIABILITY
Neither we, nor any of our affiliates, licensors, or business partners, nor any of our or their respective personnel shall be liable for business interruption, loss or injury to revenue, profits, business opportunity, business performance, reputation or data or for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this Agreement, the Services, Your site, the CashFlowFromCreditCards.com Network (including all communities and other sites, content, features, Products and services we make available to you or your Customers pursuant to this Agreement), any access to or use of any of the foregoing, any failure of such access or use or any breach of this Agreement. Without in any way limiting the foregoing, neither we, nor any of our affiliates, licensors, or business partners, nor any of our or their respective personnel shall in any event have, in the aggregate, any liability whatsoever in connection with this Agreement in excess of an amount equal to the amounts payable to you as profits during the calendar year in which occurred the first claim alleging liability hereunder. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
GENERAL
This Agreement expresses the entire understanding and Agreement between the parties, and supersedes any and all prior or contemporaneous agreements, understandings, or contracts, written or oral, entered into between you and CashFlowFromCreditCards.com with respect to the subject matter hereof. No waiver of any breach of this Agreement shall be effective unless made in writing and signed by an authorized representative of the waiving party. Neither your rights nor your obligations arising under this Agreement are assignable or otherwise transferable by you (whether voluntarily or by operation of law) without CashFlowFromCreditCards.com written consent, and any such prohibited assignment or transfer shall be void and without effect; provided that if CashFlowFromCreditCards.com should so consent in writing, the assignee shall be bound by all of the terms and conditions of this Agreement. Notwithstanding the foregoing, CashFlowFromCreditCards.com may assign and/or delegate any or all of its rights or obligations hereunder without your consent. You and CashFlowFromCreditCards.com are independent contractors, and nothing in this Agreement shall create or be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Except as otherwise provided in this Agreement, neither party shall have the right, power, or authority to act or to create any obligation, express or implied, on behalf of the other. You will have no authority to make or accept any offers or representations on CashFlowFromCreditCards.com behalf. This Agreement is entered into in the County of Los Angeles, State of California, USA., and shall be governed by and construed under the substantive laws of the State of California, USA, exclusive of its choice-of-law rules. You expressly consent to (a) the exclusive jurisdiction of the federal and state courts within the County of Los Angeles in the State of California, USA., over any dispute arising out of this Agreement, and waive any improper venue or inconvenient forum objections thereto, and (b) service of process being effected upon you by registered or certified mail sent to the most current address for you on file with CashFlowFromCreditCards.com. If either party is required to retain the services of an attorney to enforce or otherwise litigate or defend any matter or claim arising out of or in connection with this Agreement, then the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including attorneys' fees) incurred in the proceeding. If any provision of this Agreement is found invalid or unenforceable under judicial decree or decision, the remainder will remain valid and enforceable according to its terms.
EXPORT CONTROLS
You acknowledge that none of the Proprietary Information may be downloaded, transferred or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has embargoed the sale of goods or technology; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
Updated: June 7, 2011
CashFlowFromCreditCards.com
PO Box 1993
Manhattan Beach, CA 90267-1993
Ph: (310) 546-3663
Fax: (310) 765-4764
Email: info@cashflowfromcreditcards.com
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