Credit Assistance Network - Affiliate Program

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Terms and Conditions
	To be an authorized affiliate of Credit Assistance Network, you agree to abide by the terms and conditions contained in this agreement. This Affiliate Agreement is entered into by and between Credit Assistance Network Inc., Inc., a Florida corporation ("C.A.N."), with its principal place of business at: Credit Assistance Network - 700 Gazetta Way, West Palm Beach, FL. 33413 and you (“Affiliate”). As a financial affiliate professional, you regularly interact with clients who may be seeking assistance enhancing their credit reports and scores. Based on your consultation with your client and your professional judgment, some of these clients may benefit from the credit report improvement services offered by Credit Assistance Network ("C.A.N."). It is, therefore, your intention to refer qualified clients to C.A.N. C.A.N. agrees to pay affiliate a commission equal to the setup fee paid by client referral within 60 days upon receipt of completed service agreement, identification and initial setup fee. YOU AGREE TO: • Disclose C.A.N. as the provider of credit report improvement services and disclose C.A.N.’s fees; • Have the client review and execute C.A.N. service agreement or refer client to C.A.N. via phone email or fax; • Comply with applicable state law, federal law, and professional responsibilities, if any, at all times; • Maintain your professional integrity at all times; • Disclose to client we do not guarantee we will delete any specific item; • Disclose to client that program typically takes 6-18 months to obtain best results; • Disclose to client that we require a minimum 6-month commitment. YOU FURTHER AGREE YOU WILL NOT: • Advertise without prior written approval, resell or charge any additional fees, other than C.A.N.’s monthly fees; • Make any promises or guarantees with respect to C.A.N.’s services; • Execute C.A.N.’s retainer agreement on any client’s behalf; • Attempt to circumvent any of Credit Assistance Network’s security measures; • Give any statement, give counsel or advise to any consumer which is untrue or misleading, or which upon the exercise of reasonable care should be known to be untrue or misleading; • Make any statement or give advice or counsel to any consumer with the intended effect of which is to alter the consumer’s identification, or identity for the purpose of concealing adverse information that is accurate and not obsolete from the consumer’s credit history; • Make or use any untrue or misleading representation of the services provided by C.A.N.; • Mention, or identify themselves as partnered or affiliated with C.A.N., directly or indirectly in any practice or in the course of business to practice in any manner of communication which may constitute fraud, deception or misinformation in the attempt of sale or offer if credit improvement services. REVOCATION of COMMISSIONS (CHARGE-BACKS): C.A.N. reserves the right to revoke commissions upon the following: a) Discovering that you have not complied with the foregoing terms and conditions, (b) One of your clients closing their case with C.A.N within 60 days of enrollment, or (c) For any other reason determined by C.A.N., in its sole discretion. GOVERNING LAW and JURISDICTION: This Agreement is deemed to have been executed and performed exclusively in the State of Florida. Florida law, without regard to conflict of law provisions and federal laws governing this Agreement. Any legal or equitable action concerning this Agreement shall be initiated only in Palm Beach County, Florida and both parties agree to submit to the personal and exclusive jurisdiction of the courts therein. MEDIATION and CLASS ACTION WAIVER: Before filing a lawsuit regarding any dispute between you and C.A.N., you first agree to mediate any dispute by using a third party neutral mediator, to be mutually agreed upon by you and C.A.N. The mediation shall take place in Palm Beach County, Florida. You waive your right, if any, to participate in class action litigation regarding C.A.N. In consideration of the promises, consideration, warranties and representations stated herein, the exchange and receipt of which is hereby acknowledged, the parties agree as follows: > DEFINITION OF SERVICE and PAYMENT: AFFILIATE (You) agree to market the services offered by “C.A.N.” (Credit Assistance Network Services) to seek to accomplish the submission of completed Credit Assistance Network client enrollments ("completed enrollments"). For purposes of this Agreement, a sale shall be defined as a completed enrollment for credit improvement service with C.A.N. that includes the following: • Client must be resident of the U.S; • Client must be 18 years of age or older; • Client must have paid the initial set up fee; • Client must have submitted 4 forms of required identity documentation; • Client must have submitted credit reports from Equifax, Experian & Trans-Union; • A completed CAN credit improvement services agreement with each of the following fields completed and sent to C.A.N.: Full legal name, home address, city, state, zip code, email address, telephone number, social security number and date of birth, the e-signature on each page including the power of attorney, the e-signature on attachment page, Labeled “A1” with heading: “Disclosure Notice” and “Right to Cancel”, the payment portion of the application is completed with either a valid credit card or bank account information. • Client submitting all required documents including credit reports and identification as outlined within agreement; • The client has not canceled the service prior to the initial payment being made; • There is a 3-Day “Right to Cancel” and if client cancels service within the 3-day time period, a charge-back will be applied to your account and the commission will be reversed. AFFILIATE TERMS and CONDITIONS: AFFILIATE will agree to and will require all of its affiliates to agree to the C.A.N. affiliate terms and conditions as outlined within this agreement. BILLING: AFFILIATE checks will be mailed on the first friday of every month for qualified sales submitted the previous month. CONFIDENTIAL INFORMATION: The term "Confidential Information" will mean any confidential, nonpublic or proprietary information concerning C.A.N.’s products and services, including without limitation: information concerning C.A.N.’s financial affairs, partnerships, marketing plans or strategies, current or future business opportunities, current or future products, technology, websites, computer or other programs, customer or contact lists, relationships with third-party companies, reports, trade secrets, ideas or any other information in which AFFILIATE should reasonably know is confidential or proprietary. • AFFILIATE, acknowledges and agrees that any Confidential Information received from C.A.N. during the course of this Agreement is a valuable trade secret, constituting the confidential and proprietary property of C.A.N. C.A.N. has taken steps that are reasonable under the circumstances to protect the confidentiality of such information. Such information derives Client economic value from not generally being known to and not readily being ascertainable by others. • AFFILIATE further agrees that all Confidential Information and all documents that contain, reflect or are generated from Confidential Information are the sole and exclusive property of C.A.N. AFFILIATE covenants and agrees that they will not disclose Confidential Information to any third party, copy, use or modify Confidential Information received from C.A.N. for any purpose not authorized by C.A.N. This covenant shall be enforceable during the term of this Agreement and shall continue to remain enforceable after the termination of this contract. Non-Use and Non-Disclosure: AFFILIATE will (a) treat as confidential all Confidential Information and stringently protect its confidentiality, (b) not disclose such Confidential Information to any third Party, except on a "need to know" basis to third parties that have signed a non-disclosure agreement containing provisions substantially as protective as the terms of this Section V., and (c) will not use such Confidential Information except in connection with performing its obligations or exercising its rights under this Agreement. AFFILIATE may disclose the other Party’s Confidential Information if required by law so long as C.A.N. is given prompt written notice of such requirement prior to disclosure and assistance in obtaining an order protecting such information from public disclosure. Confidentiality of Agreement: AFFILIATE will not disclose the terms of this Agreement to any third party without the consent of C.A.N., except as required by applicable laws. TERM AND TERMINATION This Agreement starts on the Effective Date and continues for one year. It then renews in one year increments unless either party gives the other written notice to the contrary no less than 30 days before the beginning of an annual renewal period. • Either party may terminate this Agreement with 5-business-day written notice with or without cause. • Upon termination of this Agreement, AFFILIATE will immediately cease to use all C.A.N.’s Trademarks and any listing by AFFILIATE of C.A.N.’s name in any Internet directory, public record or elsewhere, will be removed by AFFILIATE as soon as possible, but in any event not later than the subsequent issue of such publication. PROPRIETARY RIGHTS AND NOTICES • Proprietary Rights. Title to and ownership of all copies of C.A.N. or C.A.N. materials provided to AFFILIATE under this Agreement, whether in machine-readable or printed form, and including, without limitation, derivative works, compilations, or collective works thereof and all related technical know-how and all rights therein (including without limitation rights in patents, patents pending, copyrights, and trade secrets applicable thereto), are and will remain the exclusive property of C.A.N. and C.A.N. AFFILIATE will not act to jeopardize, limit, or interfere in any manner with such ownership. AFFILIATE will have only those rights in or to the C.A.N. and C.A.N. materials, information and documentation granted to it pursuant to this Agreement. • C.A.N. Trademarks. Subject to the provisions of this agreement., during the term of this Agreement, AFFILIATE will have the right to advertise the C.A.N. Services with C.A.N.’s trademarks, trade names, service marks, and logos ("C.A.N.’s Trademarks"), subject to C.A.N.’ prior inspection and written approval. AFFILIATE will fully comply with all C.A.N. guidelines and directions concerning the use of C.A.N.’s Trademarks, which shall be made available upon request. • Use of C.A.N.’s Trademarks. Except as set forth in this Section VII., nothing contained in this Agreement will grant or will be deemed to grant to AFFILIATE any right, title, or interest in or to C.A.N.’s Trademarks. All uses of C.A.N.’s Trademarks will inure solely to C.A.N. or to C.A.N. and AFFILIATE will obtain no rights with respect to any of C.A.N.’s Trademarks, other than as expressly set forth in this Agreement. At no time during or after the term of this Agreement will AFFILIATE challenge or assist others to challenge C.A.N.’s Trademarks or the registration thereof, or attempt to register any of C.A.N.’s Trademarks or marks or trade names that are confusingly similar to those of C.A.N. WARRANTY DISCLAIMER: C.A.N. makes no warranty in connection with the subject matter of this agreement and hereby disclaims any and all implied warranties, including warranties of merchantability and fitness for a particular purpose. INTELECTUAL PROPERTY WARRANTIES: Each party represents and warrants to the other that no intellectual property used to perform the Services will infringe any third-party patent, copyright, trade secret or other proprietary right. Each party also represents and warrants that it is not currently bound by any other employment or agreement, restriction or obligation which in any way interferes or is inconsistent with the Services to be furnished under this Agreement. Neither party will assume any such obligations or restrictions while this Agreement remains in force. INDEMNIFICATION; LIMITATION OF LIABILITY: • Indemnification. The AFFILIATE will defend, indemnify and hold harmless the other party from all damages, expenses, costs (including reasonable attorneys’ fees) and other liabilities arising from the reckless, willful or negligent acts or omissions of the indemnifying party, its employees or agents in connection with its obligations under this Agreement. • Limitation of Liability. The AFFILIATE will be liable to C.A.N. for any special, indirect, exemplary, punitive or consequential damages (for example, lost profits), even if the parties know about the possibility of these damages. • Time. No action will be brought against C.A.N. more than 6 months after the cause of action first arises. DISPUTE RESOLUTION and GOVERNING LAW: • Governing Law. This Agreement is governed by Florida law without reference to its conflict-of-laws principles and will be deemed to have been entered into and wholly performed in Palm Beach County, Florida. • Dispute Resolution and Venue. In the event of any dispute, controversy or claim (collectively "dispute") arising out of or relating to this Agreement, the parties shall meet and attempt in good faith to satisfactorily resolve the dispute. Any dispute not so resolved shall be resolved exclusively in the federal or state courts located in Palm Beach County, Florida. The parties waive any right to a jury trial and irrevocably consent to the personal jurisdiction and exclusive venue of those courts. • Attorneys’ Fees and Costs. If any litigation or arbitration proceeding is commenced in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees (including allocated costs for in-house legal services), costs and necessary disbursements incurred in such action or proceeding, as determined by the court or arbitrator. • Equitable Relief. Any breach of a party’s obligations with respect to intellectual property or confidentiality rights will cause irreparable injury for which there are no adequate remedies at law. The aggrieved party will be entitled to seek equitable relief in addition to all other remedies and money damages that may be available, without the posting of bond or other security, or if required, then the minimum bond or security so required. GENERAL PROVISIONS: • Amendments. Except as otherwise provided in this Agreement, any amendment or modification to this Agreement must be in writing signed by both parties. • Assignment. This Agreement will be binding upon and will inure to the benefit of each party and its successors and assigns; provided that, neither party will assign or transfer its rights under this Agreement by operation of law or otherwise, without the other party’s prior written consent which will not be unreasonably withheld, except that AFFILIATE may assign its rights and obligations to its parent, subsidiary or affiliate as long as the assignment does not result in a substantial change to the Program or otherwise cause a breach of this Agreement. • Waiver. The waiver or failure of either party to exercise any right provided for in this Agreement will not be deemed a waiver of any further or future right under this Agreement. • Severability. The invalidity or unenforceability of any term or provision in this Agreement will not affect the validity or enforceability of any other term or provision in this Agreement. • Email: Affiliates are prohibited from sending commercial e-mail or using downloadable applications to promote C.A.N.’s services without prior approval from C.A.N. • Entire Agreement. This Agreement is the final, full and exclusive statement of the agreement between C.A.N. and AFFILIATE with respect to the subject matter set forth here. It supersedes all prior agreements and inducements relating to the subject of this Agreement. No promise or agreement made at or after the execution of this Agreement is binding unless it is written and signed by both parties. Section headings are for convenience of reference only, will not be construed to limit or extend the meaning of any provision and will not be relevant in interpreting this Agreement. As used in this Agreement, the term "including" means by way of example and not limitation. • Counterpart and Facsimile. This Agreement may be executed in counterparts and, when fully executed, will be deemed effective on the date first written below without regard to the dates or times on when actually signed. The executed Agreement may be delivered by electronic facsimile transmission. • Intentional Risk Allocation. The provisions of this Agreement reflect an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. This voluntary allocation was a material part of the bargain between the parties and the economic and other terms were negotiated and agreed to by the parties in reliance on that allocation. • Independent Contractors. The parties are independent contractors. Under no circumstances will the employees of one party be deemed the employees of the other. This Agreement does not grant authority for either party to act for the other in an agency or other capacity, or to make commitments of any kind for the account of or on the behalf of the other. MARKETING TERMS and CONDITIONS: C.A.N. recognizes the power of various online marketing programs and welcomes the promotional efforts of its affiliates. C.A.N. affiliates are required to comply with the following terms and conditions. Violation of the terms and conditions will result in termination of affiliate status and forfeiture of commissions. • E-mail Guidelines: C.A.N. prohibits affiliates from engaging in commercial e-mail marketing without pre approval. Affiliate email lists should reflect the guidelines established by the IAB’s ethical email guidelines. Spamming and/or unsolicited e-mail and indiscriminate advertising will not be tolerated. All marketing messaging must be approved by C.A.N. in advance of its commercial use and must comply with all federal and state Credit Repair laws and regulations. Website Guidelines C.A.N. provides its affiliates with approved creative for marketing purposes. Affiliates are prohibited from using any information found on the CreditAgenda.com website including textual content, graphics and pictures without prior approval from C.A.N. • Search Guidelines: C.A.N. prohibits affiliates from link farming, page cloaking or other deceptive practices to manipulate the natural search rankings. As a general rule of thumb, the search engine and the end user should see the same content on your site. • Paid Search Listings Guidelines: Affiliates are prohibited from outbidding C.A.N. on the search listing terms C.A.N., or any variation thereof. Affiliates are prohibited from portraying their website as the C.A.N. website. The titles and descriptions used for search listings must not be deceptive and must accurately reflect current C.A.N. promotions. • Downloadable Application Policy: Affiliates are prohibited from promoting the C.A.N. service via downloadable applications also know as spyware, adware or similar products or services without prior written permission. ## END ##
	I have read, understand and agree to the above terms and conditions.

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