1. Enrollment in the Affiliate Program
EABCS Program participants must submit an accurately completed application which will include their identity, address, and contact information. Applicants may use a business as the desired Affiliate for the purpose of receiving compensation, but the EABCS program participant representing the business entity must provide the required profile information in addition to the complete business information.
In order to facilitate future profile updates all applications must be renewed at lease once a year. Applicants cannot use assumed names or other means to hide their true identity or contact information.
2. Obligations of the Parties
A. Contingent to our acceptance of you as an affiliate and your continued conformity to the terms and conditions of this Agreement, EABCS agrees to the following:
- Income for Affiliates.
- We will pay Affiliates for each person they refer to the program.
- We will pay Affiliate for each Approved loan which is defined as funds raise for a paid client.
- Any Commissions earned will be paid weekly, based upon the prior week’s activities, as outlined in Exhibit A and B of this Agreement.
Each Affiliate will be provided with a self-replicating website with access to an on-line tracking software illustrating Affiliate’s sub-affiliates, conversions, commissions earned, etc. In the case that any Affiliate decides to dispute any portion of the payable commission, that Affiliate must submit the dispute to EABCS in writing and as detailed as possible. EABCS’ is committed to resolve all disputes based on the facts before them.
- Any outstanding money owes to EABCS by an Affiliate under any agreement between the Affiliate and EABCS, whether or not related to the Affiliate Program, the Affiliate agrees that EABCS may deduct the amounts due to EABCS from amounts payable to Affiliate under this Agreement.
3. Affiliate also agrees to:
- Abide by (i) all laws, rules and regulations as they relate to your business, your Media or your use of the Links and (ii) fulfill all obligations, requirements and restrictions under this Agreement.
- Abide by the terms, conditions, guidelines and policies of any third-party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks as long as the terms do not conflict with the EABCS Affiliate Terms of Service.
- Abide by the EABCS Affiliate Terms of Service, and also acknowledge that no other third-party terms of services can ever supersede the EABCS affiliate terms of service. Affiliate also acknowledges that the EABCS affiliate terms of services are final and non-negotiable, and any contractual agreement with terms of services that do not correspond with the ones from EABCS will be considered null and void.
You agree to abide with all of the terms, agreements, and contents of EABCS, including all information about EABCS, all prices, including those of third-party Affiliates, Interest, Successor, and or Assigns, Agents without limitation.
You acknowledge that providing false information that misrepresents, or which violates any applicable law will be deemed a fraudulent act which is prohibited by EABCS.
6. Limited License & Intellectual Property
The use of any material, including digital software that is provided by EABCS for your personal use in connection with EABCS business, are exclusive, nontransferable. All rights to any material provided are also revocable, and can only be used according to the terms and conditions established by EABCS. Any misuse or abuse of EABCS terms and conditions, will be subject to termination of your contract with EABCS.
Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of EABCS’ trademarks, service marks, copyrights, patents or trade secrets. You agree that EABCS may use any suggestion, comment or recommendation you choose to provide to EABCS without compensation. All rights not expressly granted in this Agreement are reserved by EABCS.
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all EABCS or Client intellectual property, and will cease representing yourself as an EABCS affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
In addition to any other rights and remedies available to us under this Agreement, and in accordance with all applicable laws, EABCS reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or chargeback paid Commissions to your account if (a) for any breach of your agreements with EABCS, (b) for any justifiable complaint of your wrong doing, (c) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. EABCS further reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
9. Representations and Warranties
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation; enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, EABCS represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to EABCS’ own business operations or EABCS’ proprietary products or services.
In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, EABCS may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from EABCS to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.
11. Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.
12. Mutual Indemnification
Affiliate hereby agrees to indemnify, defend and hold harmless EABCS and Clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, Offers or EABCS or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
13. Limitation of Liability
In no event shall EABCS or any of the affiliated third-party providers be liable for any unavailability or inoperability of the links, program web sites, technical malfunction, computer error, corruption or loss of information, or other injury, damage or disruption of any kind beyond the reasonable control of EABCS. In no event will EABCS be liable for any indirect, incidental, consequential, personal injury / wrongful death, special or exemplary damages, including but not limited to, loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not EABCS has been advised of the possibility thereof. EABCS cumulative liability to affiliate, from all causes of action and all theories of liability, will be limited to and will not exceed the amounts paid to affiliate by EABCS in commissions during the six (6) months immediately prior to such claim.
14. Governing Law & Miscellaneous
Affiliate shall be responsible for the payment of all attorneys’ fees and expenses incurred by EABCS to enforce the terms of this Agreement.
This Agreement contains the entire agreement between EABCS and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral.
Affiliate agrees that EABCS shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether EABCS “clicks through” or otherwise indicates its acceptance thereof.
Affiliate may not assign all or any part of this Agreement without EABCS’ prior written consent. EABCS may assign this Agreement at any time with notice to Affiliate.
This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 3-6, 8, 12-14 and any accrued payment obligations shall survive the termination of this Agreement.
Except as set forth in the Modifications section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties.
Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing or any delay in exercising any rights here-under shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
The Parties agree that, except as specifically provided to the contrary in this Agreement, any Grievance shall be resolved exclusively by Good Faith Arbitration. Since the parties acknowledge that significant aspects of performance of this Agreement will occur in the State of Georgia, even though the business activities of the Associate may occur anywhere authorized, provisions of this Agreement will be governed and construed under the laws of Georgia. If conflict or choice of law rules would choose a law of another jurisdiction, each party waives such rules and agrees the substantive law of Georgia shall nonetheless govern.
The parties agree that unless expressly provided to the contrary in this Agreement, the state and federal courts of Georgia shall have exclusive jurisdiction of any litigation between the parties and the Associate expressly submits to the jurisdiction and venue of the federal and state courts serving DeKalb County, Georgia with respect to any such litigation and/or arbitration.
By submitting an application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.