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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 (ExcelCredit.com)
with respect to Excel Credit 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 Excel
Credit 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 Excel Credit's services.
3. Setting Up Links
We provide you with instructions on how to set up links
from your site to Excel Credit in the logo images page.
You may post as many links on your site to Excel Credit
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 Excel Credit Affiliate,
you may not promote your Excel Credit 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 Excel Credit. 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
RV loan applications generated during the referred session
from your website to Excel Credit. The commission is paid
on all successfully closed RV 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
Excel Credit 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 Excel Credit. Accordingly,
all Excel Credit 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
Excel Credit'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 Excel Credit 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 RV 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 Excel Credit 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 Excel Credit Affiliate under these terms by filling
out and submitting the "Affiliate
Program Application Form".
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