This Affiliate Agreement is entered into by and between Fidelity Information Corporation (FIC) and the individual or entity (Affiliate) that has completed the online Affiliate Application available at this website. By completing and sending the Affiliate Application form Affiliate is agreeing to the terms and conditions of this Agreement. Affiliate understands that Affiliate is entering into a legally binding agreement and agrees to abide by all of its terms and conditions.
EFFECTIVE DATE: The parties agree that this Agreement shall commence on the date Affiliate agrees to the terms and conditions of this Agreement and shall continue in force thereafter, until terminated as provided herein.
TERMINATION: Affiliate understands and agrees that FIC may, at any time, terminate the Affiliate relationship, for any reason, and without advance notice. Affiliate understands and agrees that FIC may, at its sole discretion, determine that Affiliate's website or business practices are unsuitable or unacceptable for this Affiliate program and therefore may cancel this Affiliate relationship immediately upon notice as provided herein. Upon termination of this Agreement, regardless of reason, all rights granted herein shall terminate immediately, and Affiliate shall immediately cease promoting, offering, advertising and displaying the services described herein.
SERVICE PROVIDED: FIC shall provide Affiliate with necessary technical assistance required to access OldDebts.com for the purpose of enabling a user of Affiliate's website to purchase services offered by OldDebts.com. Additionally, FIC shall provide Affiliate with a selection of advertisement banners suitable for Affiliate's website to create a link to OldDebts.com.
AFFILIATE'S RESPONSIBILITY: Affiliate shall be solely responsible for the creation, development, operation, maintenance and contents of all information and images on Affiliate's website. Affiliate is responsible for the accuracy and appropriateness of all information, materials and images posted on Affiliate's website. Affiliate will not alter or change any image, graphic, link or any other information or material provided by FIC without the express written permission of FIC. Affiliate is solely responsible for ensuring that its site complies with all applicable copyright and other laws. We will not be responsible if you use another party's copyrighted or other proprietary materials without proper permission or in violation of any law.
CONSIDERATION: FIC shall pay a commission to Affiliate in an amount equal to twenty percent (20%) of the gross amount paid by any customer that has properly registered and purchased the goods and services offered by OldDebts.com by way of linking through Affiliate's website. Once a customer has registered with OldDebts.com through the Affiliate's link path, that customer will be coded to that Affiliate for all future purchases and the twenty percent (20%) commission shall be due the Affiliate under the same terms of payment outlined herein.
TERMS OF PAYMENT: Commission shall be due and payable approximately thirty days following the end of the month in which purchases are made via Affiliates websites. In the event the total amount of commission due is less than fifty dollars ($50.00), then the amount due shall be held until the aggregate total is at least fifty dollars (50.00) or until Affiliate Agreement is terminated. Payments shall be made payable to and mailed to the payee indicated the Affiliate Application on this website.
INDEMNIFICATION: Affiliate agrees to indemnify and hold FIC and its directors, officers, employees, agents, shareholders, partners, members, and other owners harmless against all actions, suits, proceedings, claims, judgments, damages, costs and expenses, including reasonable attorney's fees, and other liabilities arising from or related to the development, operation, maintenance, and contents of any Affiliate website owned or operated by Affiliate or otherwise controlled by Affiliate, or any other acts or omissions by Affiliate which may arise out of this agreement.
LICENSE RIGHTS: FIC GRANTS AFFILIATE A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (1) ACCESS OUR WEBSITE THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (2) USE OUR LOGOS, BANNERS, ADVERTISEMENTS,TRADE NAMES, TRADEMARKS, AND OTHER MARKETING MATERIALS WE MAY PROVIDE WITHOUT MODIFICATION OF ANY KIND. AFFILIATE MAY USE THESE MATERIALS WITHIN THE CONTEXT OF THIS AGREEMENT ONLY AND MAY NOT ALTER, CHANGE OR IN ANY WAY MODIFY ANY OF THE MARKETING MATERIALS PROVIDED. AFFILIATE FURTHER AGREES NOT TO USE ANY OF THE MARKETING MATERIALS IN ANY WAY THAT MAY BE INTERPRETED AS NEGATIVE OR DISPARAGING. FIC RESERVES THE RIGHT TO REVOKE THE RIGHT OF AFFILIATE TO USE ANY MARKETING MATERIALS AT ANY TIME AND WITHOUT ADVANCE NOTICE.
Additionally, Affiliate grants to FIC the non-exclusive license to display or advertise its name, logos and brand on OldDebts.com and other FIC websites as FIC may deem appropriate.
MODIFICATION: FIC may modify this agreement at any time and without notice. Any modifications of this agreement will be communicated to all Affiliates via email and will become effective immediately upon transmission unless otherwise noted in the modification.
RELATIONSHIP: All parties agree that this Agreement does not constitute or create an agency, partnership, joint venture, franchise, sales representation or employment relationship. All parties agree that each party cannot and will not enter into any other agreements, warranties or representations on behalf of one another.
INDEPENDENT INVESTIGATION: AFFILIATE ACKNOWLEDGES THAT AFFILIATE HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO ALL OF ITS TERMS AND CONDITIONS. AFFILIATE HAS MADE AND INDEPENDENT EVALUATION OF THIS AGREEMENT, HAS CONSULTED WITH LEGAL COUNSEL OR ELECTED NOT TO DO SO, AND DESIRES TO BE A PARTICIPATING AFFILIATE IN ACCORDANCE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
GOVERNING LAW: This Agreement will be governed by and construed under the laws of the State of California without reference to principles of conflicts of law. Any action, including but not limited to litigation, brought by the Parties to enforce or interpret any provision of this Agreement will be brought to an appropriate state court in the city and county of Los Angeles, California or in an appropriate court in the Central District of California, U.S.A. Affiliate hereby consents to jurisdiction in such venue and expressly waives any objection to same.
SCOPE OF AGREEMENT: This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior written or oral agreements or representations between the Parties.
NOTICES: All notices and requests required or permitted to be given under this Agreement shall be in writing and addressed as provided in the membership agreement.