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We will evaluate your application and will notify you by
e-mail of your acceptance or rejection. We may reject your
application if we determine (in our sole discretion) that your site
is unsuitable for the program. Unsuitable sites include those that:
- Promote, contain or link to sexually explicit materials or
products.
- Promote violence.
- Promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age or promote
illegal activities.
- Violate intellectual property rights or violate local, state
or federal regulations.
- Contain libelous, defamatory or disparaging materials.
- Contain no original content.
- Business to consumer sites should provide objective information to consumers for the purpose of making boating more enjoyable.
- Business to consumer sites should not create competition between marine dealers and manufactures. eCommerce companies should strengthen the existing economic model by fulfilling sales through manufacturers' exsiting dealers.
If we reject your application, you are welcome to reapply to the
affiliate program at any time.
This agreement contains the terms and conditions agreed upon
between you (Affiliate Website) and us (eboatloans.com) with respect
to eboatloans.com serving as your provider for marine loans and
information (referred herein as "products and services").
1. Affiliation
You are responsible for ascertaining that we have the products
you wish to link to, and it is your responsibility to set up the
links properly in accordance with our format instructions on the
"How To Set Up Links" page.
2. Identifying Yourself As An eboatloans.com Affiliate
You must display our logo on your home page or other appropriate
page(s) on your site. You may do this at your discretion by choosing
from the images provided on our logo images page. You are
responsible for the content, style and placement of the references
you make to eboatloans.com's services.
3. Setting Up Links
We provide you with instructions on how to set up links from your
site to eboatloans.com in the logo images page. You may post as many
links on your site to eboatloans.com as you like, and may remove them at
your discretion from your site at any time without our approval.
Because we want to protect consumer privacy, as an eboatloans.com
Affiliate, you may not promote your eboatloans.com links through
unsolicited e-mailing (i.e., Spamming), newsgroup postings, or any
other method of mass communication.
4. Loan Processing and Tracking
We will process loans placed by customers who follow links from
your site to eboatloans.com. We reserve the right to reject loan
applications that do not comply with any requirements that we may
periodically may establish. We will be responsible for all aspects
of loan processing, and customer service. Please note that we
presently only accept loan applications from addresses in the
Continental United States, and will notify you when we expand to
other parts of the globe.
We will track loan applications made to customers who fill out an
online application using links from your site to ours and will give
you access to our Affiliate Center, where you can check your site
activity. To permit accurate tracking, reporting, and commission fee
accrual, you must ensure that the links between your site and our
site are properly formatted.
5. Affiliate Commission Rate
We will pay you a $50.00 commission on successfully closed boat
loan applications generated during the referred session from your
website to eboatloans.com. The commission is paid on all successfully
closed boat loan applications made during a referred session.
For a transaction to generate a commission fee, each transaction
must be completed, i.e., the customer must follow a link from your
site to ours and fill out an online loan application using our
automated online system, fax system, or standard mail system, and the loan application must successfully close.
6. Accounting
eboatloans.com will pay you your commissions every 30 days,
the pay period is the 1st of the month. All initial commission
checks will be held for 30 days before being disbursed. For a
transaction to generate a commission fee, each transaction
must be completed, i.e., the customer must follow a link from your
site to ours and fill out an online loan application using our
automated online system, fax system, or standard mail system.
7. Policies and Pricing
Customers who fill out loan applications through this program
will be deemed to be customers of eboatloans.com. Accordingly, all
eboatloans.com rules, policies, and operating procedures will apply to
those customers. We reserve the right to change our policies,
operating procedures, and prices at any time.
8. Limited License
We grant you a non-exclusive, revocable right to use the
eboatloans.com's icon, logo, text links, banners, and such other images
for which we grant express permission, solely for the purpose of
identifying your site as a program participant. You may not modify
the icon, the message or any of our images in any way.
We reserve all of our rights in the icon, the message, any other
images, our trade names and trademarks and all other intellectual
property rights. We may revoke your license at any time, by written
notice to you.
9. Responsibility For Your Site
You will be solely responsible for the development, operation,
and maintenance of your site and for all materials that appear on
your site. For example, you will be solely responsible for:
The technical operation of your site and all related equipment.
Creating and posting product descriptions on your site and linking
those descriptions to our products.
The accuracy and appropriateness of materials posted at your
site. For ensuring that materials posted on your site do not violate
or infringe upon the rights of a third party, and for ensuring that
materials posted on your site are not libelous or otherwise illegal.
We disclaim all liability for the above matters.
Further, you hereby indemnify and hold eboatloans.com harmless from
all claims, damages and expenses (including, without limitation,
attorneys' fees) relating to the development, operation, maintenance
and contents of your site.
10. Term Of The Agreement
The term of this agreement will begin upon our acceptance of your
Affiliate Application and will end when terminated by either party.
Either you or we may terminate this agreement at any time, with or
without cause, by giving the other party written notice of
termination.
You are only eligible to earn commission fees on
successfully completed boat loan applications occurring during the
term, and fees earned through the date of termination. We may
withhold your final payment for a reasonable time to ensure the
correct amount is paid.
11. Relationship Of Parties
You and we 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 other than to link to eboatloans.com
site and products. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything in this
section.
12. Limitation Of Liability
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 commission fees paid or payable
to you under this agreement.
13. Disclaimers
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). We will use
our best efforts to maintain our site's functionality, however,
technical difficulties may occur from time to time which may cause
temporary interruptions of service. We will not be held liable for
the consequences of any such interruptions or errors.
14. Acknowledgement
You acknowledge that you have read this agreement and agree to
all it's terms and conditions. You understand that we may at any
time (directly or indirectly) solicit customer commissions on terms
that may differ from those contained in this agreement or operate
web sites that are similar to or compete with your website. You have
independently evaluated the desirability of participating in this
program and are not relying on any representations, guarantee or
statement other than as set forth in this agreement.
15. Miscellaneous
This agreement will be governed by the laws of the United States
and the State of Florida, without reference to rules governing
choice by 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 be enforceable against the parties and their respective
successors and assigns. 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.
Acknowledged And Agreed To By The Parties.
I indicate my approval of this agreement and desire to become an
eboatloans.com Affiliate under these terms by filling out and submitting
the "Affiliate Program Application Form".
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