Revised Date: March 9, 2018
This Agreement contains the complete terms and conditions that apply to your participation in our Affiliate Program. As used in this Agreement, "we" or "us" refers to ContractorSelling.Com Inc. and "you" refers to the applicant. You must be 18 years of age or older to enter into this Agreement with us.
To begin the enrollment process you must submit a completed Affiliate Program Application. Upon receipt of your application we will evaluate it and notify you of its acceptance or rejection.
We may reject your application if we determine that your site is unsuitable for the Program, including if it:
Promotes sexually explicit materials
Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promotes illegal activities
Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
Includes "contractorselling.com" or variations or misspellings thereof in its domain name
Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
Purchase or bid for placement of any of Our contractorselling.com's trademarked company names.
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and, in our sole discretion, determine your site is later unsuitable for the program, we may terminate this Agreement at any time. We will not be liable to you for any costs, damages or lost profits as a result of our termination of this Agreement.
Once we notify you that your application has been accepted, we will email you with access to our affiliate portal where you can access reports, banner advertisements, buttons and/or text links to our site.
The links we may make available could be in the form of:
A logo that links your homepage to ours.
A picture of one or more of our products that links your site to the page on ours where such products are offered.
A search box that permits your visitors to link directly to a page on our site that contains the results of their search queries.
These links will allow your visitors to enter our site and enable us to keep track of any referrals sent to us.
To receive compensation, all referrals will need to be referred to us using your designated link.
To permit accurate tracking and reporting, the links we provide you include a designated affiliate identification ("Designated Link"). You are responsible for ensuring that each of the links between your site and our site is a Designated Link. You agree not to modify Designated Links in any way.
We will flag referrals from your Designated Link sent to Enhancify.com.. We reserve the right to reject any referrals that violate our terms and conditions. We will track all referrals from your Designated Link and will provide access to reports in our affiliate portal summarizing any activity. The form, content, frequency and method of delivery of the reports may vary from time to time in our sole discretion.
We will compensate you when a referral using your designated link is funded by one of the lenders within in our network. Referral fees are calculated based on "Funded Loans". The specified referral fee schedules will be established by us once we authorize your application into our Contractor Affiliate Program.
"Funded Loans" shall mean a consumer who was referred via your Designated link was funded by one of the lenders within our network for of a product offered on our site.
A "Qualifying Funded Loan" shall mean any consumer referred to the Company Website using a Designated link that is funded for a loan through one of the lenders in our network and will be considered as payable to the Affiliate as long as it meets all other terms and requirements of this agreement.
Referrals who submit a form on Enhancify.com ("Company Website") will be deemed to be our customers. Accordingly, all rules, policies, and operating procedures concerning these referrals will apply to those referrals.
Also, the terms & conditions and policies of the Company Website will apply to the visitors' conduct and their rights and obligations while visiting our site. We have the right to change our policies and operating procedures at any time. For example, the lenders included in our network and promoted on the Company Website are at our sole discretion.
Due to interest rates, APR's and terms varying from time to time with our lending partners, we cannot permit you to include any information about our partners on your site, independent of the materials we provide in the Links or other marketing creatives. "Marketing Creatives" shall be defined as any means of content solutions that Company either provides to Affiliate to display on Affiliate Website(s) and/or embeds within an E-mail Creative, redirecting them to the Company Website as specified within this document.
The information contained on the Enhancify.com website (collectively, the "Service" or "Website") is for general information purposes only. Enhancify, Inc assumes no responsibility for errors or omissions in the contents provided or displayed.
In no event shall Enhancify, Inc be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Enhancify, Inc reserves the right to make additions, deletions, or modification to the contents on the Service at any time without prior notice.
Enhancify, Inc website may contain links to external websites that are not provided or maintained by or in any way with Enhancify, Inc. Please note that Enhancify, Inc does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
This affiliate disclosure details the affiliate relationships of Enhancify with other companies and products. Some of the links on the Enhancify.com website are Designated Links. Furthermore, Enhancify is a marketing website that receives compensation from the companies and/or service providers whose products are offered. We test each product thoroughly and only partner with companies we and other consumers have deemed the very best. We are independently owned and the opinions expressed here are our own.
We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the graphic images and text we are providing to you solely for the purpose of creating links from your site to ours. You may not modify the graphic image or text, or any other of our images, in any way, or engage in "site framing" or similar processes. We reserve all of our rights in the graphic image and text, any of our trade names, trademarks, domain names, copyrights trade dress and any other intellectual property rights. You agree to follow our guidelines for use of our trademarks, as those guidelines may change from time to time, in addition, you agree not to use our trademark in any search engine keyword optimization.
We may revoke your license at any time by giving you written notice. You also agree that you shall use the Designated Links only in order to link to our site and to promote your ability to do so pursuant to this Agreement. You agree that you shall not present the Designated Links or any images comprising them in combination with any other name or mark, in connection with your own goods or services, or in any manner that may suggest or imply that you or your goods or services are supplied by, sponsored by, endorsed by or affiliated with us without prior written consent.
We may request for and/or verify your contractor license information from and with the Contractors State License Board (CSLB).
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. You will be solely responsible for:
The technical operation of your site and all related equipment posting and maintaining links to our site
The accuracy and appropriateness of materials posted on your site
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libelous or otherwise illegal We disclaim all liability for these matters.
Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
The terms of this Agreement will begin upon our acceptance of your application into our Contractor Affiliate Network and will end when terminated by either party, for any reason. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination in accordance with the notice provision of this Agreement.
Upon the termination of this Agreement, for any reason, you will immediately cease use of, and remove from your site (online and offline), all links to our site, and all Company names, trademarks, Marketing Creative's trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees on Qualifying Funded Loans occurring during the term, and referral fees earned through the date of termination will remain payable only if the related Funded Loans are not canceled or the funds returned to the lender. 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, by posting a change notice or a new agreement on our site. 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 THREE DAYS AFTER OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Both Parties 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 Agreement. This is a binding contract between the Company and Affiliate. By completing the application and joining our Contractor Affiliate Program, you indicate your willingness to be bound by this Agreement.
Our Liability to You is Limited. 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 or any products sold through 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, we make no representation that the operation of our site or the links or Designated Links will be uninterrupted or error-free, or will not be re-routed or "black holed." As a result, we might temporarily be unable to capture information regarding Designated Links. We will not be liable for the consequences of any such interruptions or errors. The Program is intended for commercial use only.
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 CUSTOMER REFERRALS OR MAINTAIN AFFILIATES 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.
Notices to you are effective if provided in writing to the postal addresses, electronically to the e-mail address provided or provided online on the Company Website as set forth in the application. Notice to us may be given in writing to Enhancify.com, Inc., Enhancify.com GTE Financial Building, 601 N. Ashley Drive, 11th Floor, Suite 1100, Tampa, FL 33602. Attention Affiliate Marketing Program; or by e-mail Support@Enhancify.com.
This Agreement will be governed by the laws of the state of Florida 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 Fort Lauderdale, Florida and you irrevocably consent 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 enforceable against the parties and their respective successors and assigns. Our failure to enforce 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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