CREDIT MESSENGER™
AFFILIATE AGREEMENT TERMS AND CONDITIONS:

PLEASE READ THE TERMS AND CONDITIONS BELOW AND INDICATE YOUR AGREEMENT BY CLICKING ON THE "I AGREE" BOX. YOUR CHECKING THE "I AGREE" BOX IS NOT AN AGREEMENT BY CREDIT MESSENGER™. YOU AND CREDIT MESSENGER™ WILL HAVE ENTERED INTO AN AGREEMENT ONLY IF AND WHEN YOU ARE PROVIDED WITH NOTICE THAT CREDIT MESSENGER™ HAS ACCEPTED YOUR AFFILIATE PROGRAM APPLICATION, AS MORE FULLY SET FORTH IN SECTION 2 OF THESE TERMS AND CONDITIONS. ANY SUCH AGREEMENT WILL BE SUBJECT TO THESE TERMS AND CONDITIONS. CREDIT MESSENGER™ MAY CHOOSE TO REJECT YOUR APPLICATION FOR ANY REASON AT ITS' SOLE DISCRETION. YOU MAY PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS.

To Print, either right click on this page and choose print or use the print button on your browser.

1. Application for Enrollment in the Affiliate Program

To begin the enrollment process, you must submit a complete Affiliate Program Application via the Credit Messenger™ site. Credit Messenger™ (either directly or through a third party) will evaluate your Application and will notify you regarding acceptance or rejection. Credit Messenger™ may reject your Application if it determines (in its sole discretion) that your site is unsuitable for the Affiliate Program for any reason. If Credit Messenger™ rejects your Application, you may reapply at any time, and Credit Messenger™ will consider the Application.

By completing and sending in the accompanying Affiliate Program Application (the "Application") and clicking on the check box at the end of the application, you are requesting that Credit Messenger™ allow you to place link (s) on the page (s) of your web site specified in the Application to the page (s) of the Credit Messenger™ web site designated by Credit Messenger™ in its sole discretion (the "Links"). The Application and your clicking of the term check box at the end of the Application is NOT an agreement by Credit Messenger™ to allow you to place any link(s) to the Credit Messenger™ web site or any other site, and Credit Messenger™ may choose to reject your Application for any reason in its sole discretion. The terms "you", "your", "I" and "Applicant" refer to the person, corporation or other entity requesting that Credit Messenger™ allow it to place a Link on its web site as part of Credit Messenger's™ Affiliate Program.

2. Agreement/Term of Agreement

If and when, and only if and when, Credit Messenger™ (either directly or through a third party) provides you with notice that Credit Messenger™ has accepted your Application, you will have entered into a legal agreement with Credit Messenger™, which includes all of the Terms and Conditions below and governs your participation in the Affiliate Program (the "Agreement"). The term of this Agreement begins upon Credit Messenger™ notice to you of its acceptance of your Application as set forth above, and ends when terminated by either party in accordance with Section 10 (Termination) below.

3. Statement of Evaluation

You acknowledge that you have read all of the Terms and Conditions. You understand that Credit Messenger™ may, at any time (directly or indirectly) solicit referrals for users of information retrieval services on terms that differ from those contained in these Terms and Conditions, or who operate sites that are similar to or compete with your site. You acknowledge that you independently have evaluated the desirability of participating in the Affiliate Program and of agreeing to these Terms and Conditions and are not relying on any representation, guarantee, warranty or statement by Credit Messenger™ or any other entity or person, other than as specifically set forth in these Terms and Conditions.

4. Link Content

In the event that Credit Messenger™ accepts your Application, (a) Credit Messenger™ will provide you with access to the design option(s) ("Link Content") for Link(s) to the online store section of the Credit Messenger™ site, and (b) in Credit Messenger's™ discretion, Credit Messenger™ may also provide you with access to Link Content for Link(s) to other section(s) of the Credit Messenger™.

A WEBSITE IS NOT REQUIRED TO BECOME AN AFFILIATE.

5. Limited Link License

In the event that Credit Messenger™ accepts your Application, Credit Messenger™ shall and does hereby grant you a revocable, limited, non-exclusive, non-transferable right and license, without the right to sublicense, to (1) establish the Link(s) described above (from the page(s) or your web site specified in your Application to the page(s) of the Credit Messenger™ web site designated by Credit Messenger™ in its sole discretion), and (2) use and display the Link Content described above, only as establishing the Link(s) to allow users of the page(s) or your web site specified in your Application to click-through to the page(s) of the Credit Messenger™ web site designated by Credit Messenger™ in its sole discretion.

You may not use any design, test or other content other that the Link Content in connections with any Link(s) to the Credit Messenger™ web site. You may not use the Link Content in any manner except in connection with establishing the Link(s) hereunder. You may not modify the Link Content or any logos or images or other portions of the Link Content. You may not link to the Credit Messenger™ web site from any page of your web site other than the page(s) designated by Credit Messenger™ in its sole discretion for the Link Content option(s) you choose. You may not place any links to the Credit Messenger™ web site on any web page containing material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing.

Credit Messenger™ reserves and retains all rights in and to the Link Content, the Credit Messenger™ web site (and all modifications thereto), and any and all images, trade names, trademarks, domain names and other intellectual property rights of Credit Messenger™ ("Credit Messenger™ IP"). Except as specifically set forth in this Section 5 (Limited Link License), nothing in this Agreement shall be construed as granting you any license or right to use any Credit Messenger™ IP. You shall not use any trademark, trade name, or service mark identical with or confusingly similar to the Credit Messenger™ IP except as expressly permitted by this Agreement. You agree that any and all uses of the Credit Messenger™ IP shall inure to the benefit of Credit Messenger™.

6. Services and Fees

Credit Messenger™ is an advertising and customer retention tool for the Affiliate.

Co-Branding Customization Service

Affiliates may customized or co-brand the Credit Messenger™ website, emails and landing pages by including a company logo, photo, contact information and advertising copy or images. It is the responsibility of the Affiliate to maintain the content of the co-branded website.

Affiliates may build a team of Sales Representatives with customization for each person in your team. It is the responsibility of the Affiliate to maintain the website of any team member who is no longer part of your team. Clients who are no longer associated with a team member will be given the option to convert to the retail program.

Client Services

The Credit Messenger™ will provide the following services to your clients and prospects:

  • 24/7 Credit Monitoring

  • Monthly Credit Score

  • Identity Theft Insurance up to $25,000 in coverage from AIG

  • 24/7 Fraud Resolution Service
  • As an Affiliate, Credit Messenger™ will charge your credit card or debit card on file for each prospect or client you provide the Credit Messenger™ Service. All charges will be invoiced and settled through a Reserve Account. The Reserve Account may be established as a Zero (0.00) Balance account or with minimum replenishment parameters. An affiliate may select deposit amounts of $100.00 or more coupled with replenishment thresholds of $10.00 or more. When a Reserve Account is established as a Zero Balance account, the greater of the amount of an invoice or a $20 minimum per month will be charged to your account regardless of how many customers you have on the program. When a Reserve Account is established with a minimum amount charged of $100.00 or more, the minimum $20 monthly payment is waived.

    To view the Pricing Schedule, click here.

    When you add a prospect or client to your active list an email will be sent inviting them to register. Once they have registered, they will begin to receive the monthly service after you have paid the Service Fees. You will be invoiced on the 20th of each month. Your account will be automatically charged on the 25th, giving you ample opportunity to add or remove prospects or clients from your list before we charge your account. All customers you have paid for by the 25th of the month will be submitted for a credit score. Credit score trends will be emailed on or about the 1st of the month subject to credit bureau response time. Credit scores will be available to clients who log into the secured Credit Messenger™ website.

    PROSPECTS AND CLIENTS MAY RECEIVE THEIR FIRST CREDIT SCORE WITHIN 5 DAYS BUT NOT MORE THAN 40 DAYS AFTER REGISTRATION, DEPENDING ON THE BILLING CYCLE.

    It is the responsibility of the Affiliate to maintain a valid credit card or debit card for on-line payment, as well as, expiration dates. If a credit or debt card fails or is not good, we will attempt to reach you the Affiliate by email or phone on the 25th of the month or the first business day following, to notify you of payment failure. If payment is not received before the last day of the month, your clients will be notified of the termination of service and provided the option to convert to the retail program.

    *Insurance underwritten by member companies of American International Group, Inc. The description herein is a summary only. It does not include all terms, conditions and exclusions of the policy described. Please refer to the actual policy for complete details of coverage and exclusions. Coverage is not available in the State of New York and may not be available in all jurisdictions.

    Completed Transaction

    A completed transaction occurs when a client or prospect (other than You or Your affiliates or any third party acting on Your behalf or under Your control) clicks on a Link on the page(s) of Your web site designated in Your Application and such user is thereafter connected to the Credit Messenger™ site and completes the sign up process and the affiliate pays for the service.

    It is the responsibility of the affiliate to manage their users, either prospect or client, by reviewing the email management tools provided to determine who is not receiving, not opening or not logging in to the Credit Messenger™ website.

    USERS WHO DO NOT PROVIDE A VALID EMAIL ADDRESS, OR WHO DO NOT RECEIVE EMAIL NOTIFICATION OF THE MONTHLY CREDIT SCORE AVAILABILITY, OR WHO OPEN AN EMAIL NOTIFICATION BUT DO NOT LOG IN TO THE CREDITMESSENGER™ ARE THE RESPONSIBILITY OF THE AFFILIATE, AND NOT THE RESPONSIBILITY OF CREDITMESSENGER™.

    Instant Service Option

    If you wish to have your prospects and clients receive their first credit score instantly, an additional one-time setup fee will be added to the standard fees described in the Pricing Schedule. This service requires a 3-month commitment per prospect or client and a minimum amount charged of $100 and deposited into the Reserve Account. Any unused balance will be carried forward in the Reserve Account. Your first customer will require an Instant Service Setup Fee plus 3-months of service. We will instantly bill $100 (or the established minimum amount, whichever is greater) with the first transaction, leaving you a credit. Pricing for instant scores are based upon the amounts stated in the Pricing Schedule at the volume level as of that date and time. All invoiced amounts are settled through the Reserve Account.

    Opt-In

    A prospect or client may Opt-In to release their credit score and mortgage application information to you the Affiliate to provide Special Offers.

    THE CREDIT SCORE MAY NOT BE USED FOR MAKING AN UNDERWRITING DECISION.

    Opt-Out

    A prospect or client may Opt-Out thereby not authorizing the release of their credit score to you the Affiliate. No credit score will be available on these registrants, but you will be able to maintain contact information and tracking. As an added inducement for your clients to Opt-In, you may elect to add the following message to the Opt-Out clause: I still wish to sign up for CreditMessenger™ at the retail price.

    Competitive Alert

    A Competitive Alert may be sent to the Affiliate when a prospect or client, who has Opted-In, makes a mortgage application. The Affiliate would have the opportunity to provide a competitive offer. THIS SERVICE IS LIMITED TO ONLY MORTGAGE INQUIRIES REPORTED TO EXPERIAN CREDIT BUREAU, WHICH ARE IN TURN REPORTED TO CREDIT MESSENGER™. IN THE EVENT MORTGAGE INQUIRIES ARE REPORTED ONLY TO EQUIFAX, TRANSUNION OR OTHER CREDIT BUREAUS, OR IF EXPERIAN DOES NOT REPORT A MORTGAGE INQUIRY TO CREDIT MESSENGER™, A COMPETITIVE ALERT WILL NOT BE SENT.

    Credit Counseling Referral Fee

    As an Affiliate, you may elect to provide referrals to CreditGUARD of America's for Credit Counseling. CredEx America will pay $150 for each referral that joins CreditGUARD of America's Debt Management Program and makes the first payment.

    When you give referrals a special 800 number to call CreditGUARD of America, they must provide your name and company to receive proper credit. Neither CreditGUARD of America nor CredEx America is responsible for referrals who can not identify you, or your company from the listing of participating referral affiliates. You will receive proper credit automatically when you refer someone by clicking “Refer” from the Credit Messenger Client Listing or by clicking “Debt Management Referral” and filling out the “Refer Online” form.

    Payments will be made to you by the 10th of the month following the first payment to CreditGUARD of America's Debt Management Program by any referral you have made.

    NO COMMISSIONS SHALL BE PAID ON ANY CREDIT MESSENGER™ PRODUCT SALES.

    If Credit Messenger's™ records show activity from the Link(s) on your site that Credit Messenger™ determines is inconsistent, or is otherwise unusual or unlawful, then Credit Messenger™ reserves the right to withhold Services for a reasonable time pending an investigation of that activity by Credit Messenger™ and resolution of the dispute (if any).

    7. Reporting

    After your Application has been approved, Credit Messenger™ will enable the password you have established to enter the protected site for setting up your team and review client listings in the Affiliate Program.

    8. Publicity

    You may not create, publish, or distribute any items that reference Credit Messenger™ without first submitting those items to Credit Messenger™ and receiving Credit Messenger's™ written consent.

    9. Obligations Regarding Your Site

    You are solely responsible for the development, operation and maintenance of your site and for all materials and content that appear on your site. Credit Messenger™ will not be responsible for any of the foregoing. You agree to indemnify, defend and hold Credit Messenger™ harmless from all damages, claims, fees (including attorneys' fees) and expenses relating to the development, operation or maintenance of your site, including content not attributable to Credit Messenger™.

    10. Termination

    Either you or Credit Messenger™ may terminate this Agreement at any time, for any reason or no reason, by giving the other party written notice of termination.

    Within 24 hours after termination (whether by you or Credit Messenger™), you must remove the Link Content (and deactivate any links to the Credit Messenger™ web site) and any other copies of Credit Messenger™ content from your site and must destroy or erase from computer memory any items you might have that contain the Credit Messenger™ service mark, other Credit Messenger™ trademarks, or any other Credit Messenger™ information.

    Upon termination, any unused balance in an affiliate established Reserve Account will be returned, after 30 days.

    11. Notice

    Except as otherwise expressly provided herein, all notices under this Agreement shall be in writing and deemed to be given (a) on the delivery date if delivered personally or by e-mail, or (b) 3 days after being mailed by certified mail and signed for, postage prepaid, return receipt requested, to the other Party (or permitted successors or assigns) at the address that appears below and on the Affiliate application (either party may change their address—including without limitation, their e-mail address—for purposes of this section by providing written notice to the other party):

    Notice to:

    CredEX America, Inc.
    791 Park Of Commerce Blvd., Suite 600
    Boca Raton, FL 33487
    E-Mail: help@creditmessenger.com

    Notice to Applicant

    Applicant's physical address/e-mail address set forth in the Applicant's Application, which is incorporated by reference herein.

    12. Modifications

    Credit Messenger™ may modify any of the Terms and Conditions contained in this Agreement upon notice to you via e-mail. Credit Messenger™ will post any such modified Terms and Conditions on the Credit Messenger™ site and on the site from which you retrieve the reports made available by Credit Messenger™. If a modification is unacceptable, you may terminate this Agreement by giving notice of termination to Credit Messenger™ and following the procedures in Section 10 (Termination). If you do not give Credit Messenger™ notice and continue to display the Link(s) on your site, then you will be considered to have accepted the modifications.

    13. Relationship of the Parties

    You and Credit Messenger™ are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Credit Messenger™. You understand that you do not have authority to make or accept any offers or make any representation on behalf of Credit Messenger™. You may not make any statement, whether on your site or otherwise, that would contradict anything in these sections. You specifically acknowledge that you are not eligible to participate in any benefit plans of Credit Messenger™ or its affiliates.

    14. Confidentiality

    During the term of this Agreement, you may have access to certain non-public information of Credit Messenger™, which information a reasonable person would consider confidential or which is marked as "confidential" or "proprietary" by Credit Messenger™ ("Confidential Information"). Confidential Information does not include information that is generally known and available, or in the public domain through no fault of ours. You agree (i) not to disclose any Confidential Information to any third parties, (ii) not to use any Confidential Information for any purposes except carrying out your rights and responsibilities under this Agreement and (iii) to keep the Confidential Information confidential using the same degree of care you use to protect your own confidential information, as long as you use at least reasonable care. These obligations survive for 3 years after termination of the Agreement.

    15. Disclaimers

    Credit Messenger™ makes no express or implied warranties with respect to the subject matter of this Agreement, or its Affiliate Program, the Credit Messenger™ web site, the Link(s), the Link Content, or the Credit Messenger™ services), and Credit Messenger™ hereby disclaims all implied warranties, including but not limited to implied warranties or merchantability and fitness for a particular purpose. You understand that the operation of the Links may not be uninterrupted or error free, and that the search results obtained through use of the services on the Credit Messenger™ web site may have errors or omissions, and that the Link(s) and Link Content are provided on an "AS IS" and "AS AVAILABLE" basis. You agree that Credit Messenger™ will not be liable for any interruptions or errors in using the Links or the Link Content, or errors or omissions in the search results obtained through use of the services on the Credit Messenger™ web site. The provisions of this Section survive termination or expiration of the Agreement.

    16. Limitation of Liability

    Credit Messenger™ will not be liable for lost profits, lost business opportunities or any other indirect, special, punitive, incidental or consequential damages arising out of or related to this Agreement or Affiliate Program, even when or “in the event” Credit Messenger™ has been advised of the possibility of such damages. Further, Credit Messenger's™ aggregate liability arising under this Agreement will not exceed the amount of the total fees paid or payable by you under this Agreement. The provisions of this Section survive termination or expiration of the Agreement.

    17. Miscellaneous Provisions

    THIS AGREEMENT WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF FLORIDA AND THE UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. This is the entire Agreement between you and Credit Messenger™ with respect to the Affiliate Program. Except as specifically set forth in Section 12 (Modifications) and Section 5 (Limited Link License), any modification to this Agreement must be in writing and signed by both parties. You may not assign this Agreement, by operation or law or otherwise, without Credit Messenger's™ prior written consent. Credit Messenger™ may freely assign this Agreement. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Credit Messenger's™ failure to enforce your strict performance of any provisions of this Agreement will not constitute a waiver of Credit Messenger's™ right to subsequently enforce that provision, or any other provisions of this Agreement. In the event that any of the provisions of this Agreement are held to be unenforceable by a court or arbitrator, the remaining provisions of the Agreement will remain in full force and effect. The provisions of this Section survive termination or expiration of the Agreement.

    18. Authority

    The person clicking the term box of the Application hereby represents, warrants and certifies that (1) he or she is the Applicant, or that he or she has been lawfully authorized to be bound by these Terms and Conditions (and any Agreement formed by Credit Messenger's™ acceptance of Applicant's Application as set forth herein) on behalf of the Applicant, and (2) he or she has adequate legal capacity to agree to be bound by these Terms and Conditions (and any Agreement formed by Credit Messenger's™ acceptance of Applicant's Application as set forth herein).

    BY CLICKING THE "I AGREE" BOX AND I AGREE BUTTON ON THE REGISTRATION PAGE, I REPRESENT AND WARRANT THAT I HAVE READ AND UNDERSTAND THE FOREGOING CREDIT MESSENGER™ AFFILIATE PROGRAM TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS AND ANY AGREEMENT FORMED BY CREDIT MESSENGER™ ACCEPTANCE OF APPLICANT'S APPLICATION AS SET FORTH HEREIN.