Service Provider Agreement

Revised Date: May 1, 2020

This Service Provider Agreement ("Agreement") governs your participation in the Service Provider program (the "Program") with Enhancify.com and its parent company, subsidiaries, affiliates and/or subdomains (collectively, "Enhancify.com", "Company," "we," "us," and "our"), doing business as "Enhancify" or "Enhancify.com" (collectively, "Enhancify" or the "Company Website"). Any person or entity that participates or attempts to participate in our Program and/or such person or entity, ("you", or a "Service Provider") must accept this Agreement without change.

Upon approval of your Application to become a Service Provider and access to our Service Provider Portal, you agree to this Agreement, including the Terms of Use, which are herein incorporated by reference. Please read them carefully.

Defined terms in this Agreement have the same meaning as in our Terms of Use, unless otherwise specified.

By participating in our Program, you will be able to refer people to visit the Company Website . On our Company Website, Users will be able to view products and services offered through the Network.

Definitions

"Term" shall refer to the time period beginning as of Enhancify.com's acceptance of your Application to the Program and ending as of the date, either Enhancify.com or the Service Provider terminate this Agreement.

"Marketing Creatives" shall be defined as any means of content solutions, including banner advertisements, buttons and/or text links, logos, emails, etc., that the Company either provides to Service Provider to display on Service Provider's website(s) and/or embeds within an email creative, redirecting them to the Company Website as specified in this document.

"Network Provider" or "Network" shall mean Enhancify.com's network of lenders, brokers, investors, debt settlement companies, credit card issuers, debt management companies, credit repair companies, credit reporting facilities and the like who offering their products and services on the Company Website, alongside our advertising partners, marketing partners, services providers, suppliers and other third parties.

"Site" shall mean the Service Provider's own website.

"User" means a person that is a visitor (which means that you simply browse the Company Website), a consumer (which means that you have provided information to us to use any one of the Services), or a Network Provider who accesses, uses, and/or participates in the Company Website and/or Services in any manner, individually and/or as an agent on behalf of an entity or another registered user.

Whenever used in this Agreement, the terms "include(s)", "including", and "for example" are used and intended without limitation.

The singular includes the plural and vice versa and words that are gender neutral or gender specific include each gender.

Enrollment Process

Application. To begin the enrollment process you must submit a completed online application (the "Application") at https://www.enhancify.com/contractor-partnership. 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 violence
  • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Promotes illegal activities
  • Incorporates any and all materials which infringe or assist others to infringe on a copyright, trademark or other intellectual property rights or to violate the law
  • 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, later determine your Site is no longer suitable 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.

Subscription. Once your account is opened and your subscription membership payment is processed, we will email you access to your custom build co-branded financing page.

If you're not satisfied with your Enhancify membership, we offer a refund if you cancel your membership within the first thirty (30) days of purchase. If you successfully get a sale, job, or project funded through your Enhancify financing page, you are no longer eligible for a refund. There are no cancellation fees.

Enhancify memberships are annual subscriptions and renew automatically for your convenience to avoid any interruption of service for your business and customers. You will receive a reminder before the auto-renewal of your membership, and can opt-out any time before then. We do not offer refunds for renewal memberships.

Our Relationship

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, and/or employment relationship between you and Enhancify.com. You will have no authority to make or accept any offers or representations on us or our Network's behalf. You will not make any statement, whether on your Site or otherwise, that contradicts or may contradict anything in this paragraph. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself. This is a binding contract between Enhancify.com and Service Provider. By completing the application and joining our Program, you indicate your willingness to be bound by this Agreement.

Designated Link 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 the Company Website that contains the results of their search queries.


These links will allow your visitors to enter the Company Website and enable us to keep track of any referrals sent to us. All referrals will need to be referred to us using your Designated Link.

To permit accurate tracking and reporting, the links we provide to you include a designated affiliate identification (each a "Designated Link"). You are responsible for ensuring that each of the links between your Site and the Company Website is a Designated Link. You agree not to modify Designated Links in any way.

We will flag referrals from your Designated Link sent to www.Enhancify.com. We reserve the right to reject any referrals that violate our Terms of Use. We will track all referrals from your Designated Link and will provide access to reports in our Service Provider Portal summarizing such activity. The form, content, frequency and method of delivery of the reports may vary from time to time, at our sole discretion.

Service Provider Compliance Requirements

You must comply with this Agreement, including the Terms of Use on the Company Website, in order to participate in the Program.

You must promptly provide us with any information that we request to verify your compliance with this Agreement.

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 the Company Website
  • 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 any and 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 indemnification obligations under this Agreement will survive the termination of this Agreement.

You are responsible for periodically visiting, reviewing and becoming familiar with the Terms of Use on the Company Website, which are incorporated by reference to this Agreement. We have the right to make changes to this Agreement, the Terms of Use and/or the Company Website at any time, including which Network Providers are promoted on the Company Website, at our sole discretion.

We may request for and/or verify your contractor license information from and with the Contractors State License Board (CSLB).

Warranties

You represent, warrant, and covenant that (a) you will participate in the Program and create, maintain, and operate your Site in accordance with this Agreement, (b) neither your participation in the Program nor your creation, maintenance, or operation of your Site will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any applicable governmental authority (including all such rules governing communications, data protection, advertising, and marketing) or any contract or other binding obligation to any third party, (c) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting; in addition, you must be 18 years of age or older to enter into this Agreement with us), (d) you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as expressly set forth in this Agreement, (e) your participation in the Program will not make you responsible for any loan if a customer defaults on a loan, (f) the information you provide in connection with the Program is accurate and complete at all times. You can update your information by emailing us at support@Enhancify.com.

We do not make any representation, warranty, or covenant regarding the amount of traffic you send to us in connection with the Program, and we will not be liable for any actions you undertake based on your expectations.

Identifying Yourself as a Service Provider

You must clearly state the following, or any substantially similar statement previously allowed under this Agreement, on your Site or any other location where Enhancify.com may authorize your display or other use of Content: "As an Enhancify.com Service Provider earn from qualifying purchases." Except for this disclosure, you will not make any public communication with respect to this Agreement or your participation in the Program. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.

License

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 the Company Website. 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 the Company Website 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.

Communications

By accepting the terms of this Agreement, you hereby consent to us: (a) sending you emails relating to the Program from time to time, (b) monitoring, recording, using, and disclosing information about your Site and users of your Site that we obtain in connection with your display of Marketing Creatives (as defined above) in accordance with our policy (described below), and (c) reviewing, monitoring, crawling, and otherwise investigating your Site to verify compliance with this Agreement.

You acknowledge and agree that (a) we and our affiliates may at any time (directly or indirectly) solicit traffic on terms that may differ from those contained in this Agreement, (b) we and our affiliates may at any time (directly or indirectly) operate sites or applications that are similar to or compete with your Site, (c) 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, and (d) any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under Agreement can be made, taken, or given in our sole discretion and are only effective if provided in writing by our authorized representative.

Notices to you are effective if provided in writing either to: the postal addresses you provide in connection to your Application to the Program; electronically to the e-mail address provided or provided online via the Company Website, as set forth in the Application. Notice to us may be given in writing to Enhancify.com, 601 N. Ashley Drive, 11th Floor, Suite 1100, Tampa, FL 33602, Attention Service Provider Program; or by e-mail support@Enhancify.com.

Confidential Information

All non-public information provided by us in connection with this Agreement or the Program is considered confidential information, and you will maintain the same in strict confidence and not disclose the same to any third party (other than your affiliates) or use the same for any purpose other than your performance under this Agreement, which restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties.

Our Network Providers' interest rates, APR's and terms vary from time to time, therefore we cannot permit you to include any information about our Network Providers on your Site, independent of the materials we provide in the Designated Links or other Marketing Creatives.

Liability

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), or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising in connection with this Agreement, the Company Website, 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 subscription amount(s) paid or payable by you to the Company.

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 the Company Website, Designated Links or other 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.

External Links

The Company Website may contain links to external websites that are not provided for or maintained by or in any way with Enhancify.com. Please note that Enhancify.com does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

The Company Website is a marketing website which receives compensation from the Network Providers whose products and/or services are offered. For more information, please see our Advertising Disclosure here.

Construction

The parties have had an ample opportunity to review and have in fact reviewed our Privacy Policy and this Agreement. Accordingly, the normal rule of construction, to the effect that any ambiguities are to be resolved against the drafting party, shall not be employed in the interpretation of this Agreement. The captions and headings at the beginning of each paragraph are for convenience and reference only and shall not limit, define, or affect the construction and interpretation of this Agreement.

Modification; Assignment

We reserve the right to modify any of the terms and conditions contained in this Agreement (including those in our Terms of Use and Policies) at any time and in our sole discretion by posting a change notice, revised Agreement, or revised Policy on the Company Website or by sending notice of such modification to you by email to the primary email address then-currently associated with your Service Provider account (any such change by email will be effective on the date specified in such email but will in no event be less than two business days after the date the email is sent). YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT AS SPECIFIED ABOVE.

Our Terms of Use also apply to all Company Website visitors, users and Consumers. The information contained on the Company Website is for general information purposes only. Enhancify.com reserves the right to make additions, deletions, or modification to the contents on the Company Website at any time, without prior notice, and assumes no responsibility for errors or omissions in the contents provided or displayed.

Governing Law

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.

Severability

If and to the extent that any court, arbitrator or tribunal of competent jurisdiction holds any of the terms, provisions or conditions or parts thereof of this Agreement or the application thereof to any circumstances, to be invalid or to be unenforceable in a final non-appealable order, the remainder of this Agreement and the application of such terms, provisions or conditions or parts thereof to circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each of the other terms, provisions and conditions of this Agreement shall be valid and enforceable to the fullest extent of the law.

Entire Agreement

This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, appendices, specifications, guidelines, schedules, and other rules referenced in this Agreement and/or accessible on the Company Website, including any updates of the Terms of Use and/or Policies from time to time. In the event of any conflict between this Agreement and any Program policy, this Agreement will control. This Agreement (including the Terms of Use and Policies) is the entire agreement between you and us regarding the Program and supersedes all prior agreements and discussions.

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 CONSUMER REFERRALS OR MAINTAIN SERVICE PROVIDERS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR 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.

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