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T3LEADS - AFFILIATE AGREEMENT

This Affiliate Agreement shall govern the relationship between D and D Marketing, Inc. (d/b/a T3Leads), with its principal business location at 16350 Ventura Blvd., Suite D #821, Encino, CA 91436 (“T3Leads”), and you, the company or the individual, as an affiliate (“Affiliate” or “you”) in connection with your use of the affiliate network owned and operated by T3Leads (“Network”). The Network can be accessed at www.T3Leads.com (the “Site”). Please be advised that this Affiliate Agreement is subject to change at any time, in T3Leads’ sole discretion. Your continued use of the Network after such modification and notification thereof constitutes your consent to such changes. Your participation in the Network constitutes agreement by you to the version of this Affiliate Agreement in effect at that time.

 

I. Network. Affiliate agrees to provide the services identified and set forth in this Agreement (“Services”). In connection with the Services, T3Leads shall grant to Affiliate a non-exclusive, non-transferable, revocable and limited license to: (i) participate in marketing campaigns offered through the Network (“Campaigns”); and, (ii) use the Creative Materials (as defined herein below) made available via the Network solely and exclusively in connection with Affiliate’s efforts to generate leads (“Leads”), valid sales, or other compensable activities (“Compensable Transactions”) in connection with such Campaigns. Affiliate shall also have the opportunity to earn bonus payments for individuals that Affiliate refers to the Network that also become affiliates.

 

II. Creative Material.

(A) Use. T3Leads will provide Affiliate with access to three (3) forms of advertisements on the Site for download, use, and publication by Affiliate, subject to the license set forth above and the other provisions of this Agreement. The three (3) forms of advertisements are: (i) a registration form with fields tailored to each Campaign (“iFrame Creative”); (ii) text links, banner ads, pop-ups, and other material (“Banner Ads”); and (iii) a pre-designed web page to be used with Affiliate’s chosen uniform resource locator (“URL”) (“Private Feed” and together with the iFrame Creative and Banner Ads, the “Creative Material”). T3Leads may terminate Affiliate’s license to use the Creative Material at any time, with or without notice, for any reason or no reason at all, in its sole discretion. Affiliate must obtain T3Leads’ prior express written consent before publishing a Private Feed. T3Leads may change or revise the Creative Material that is made available hereunder at any time, in its sole discretion, and Affiliate agrees to use only the most recent version of the Creative Material that is posted on the Site. Affiliate may not alter, modify or otherwise change the iFrame Creative in any manner, whatsoever. Except with T3Leads’ prior express written consent, Affiliate may not alter, modify the Banner Ads and Private Feed, or use other Creative Material than that which is supplied by T3Leads and posted on the Site. Any such actual or attempted alteration, modification, or use will result in the immediate termination of this Agreement, without notice. T3Leads retains full and sole right, ownership, and interest in all Creative Material, and in any copyright, trademark, or other intellectual property rights in the Creative Materials and other information developed by T3Leads and supplied to Affiliate from time to time in connection with this Agreement.

 

(B) Placement. Affiliate agrees that T3Leads may, in its sole discretion, direct the placement of Creative Material. Unless such direction is given, and subject to the terms and conditions of this Agreement, the applicable Campaign, and all applicable laws, rules, and regulations, Affiliate may display the iFrame Creative and Banner Ads: (i) as often and in as many areas of the websites owned, operated or controlled by Affiliate (“Affiliate Websites”); and/or (ii) in creative for distribution to those e-mail addresses listed in the e-mail databases owned, operated or controlled by Affiliate (“Affiliate Databases”). Notwithstanding the foregoing, Affiliate must immediately comply with any and all directions by T3Leads to modify, alter, or otherwise adjust the placement, frequency, and/or other editorial decisions related to the Creative Material. Affiliate must place or use Creative Material only with the intention of delivering valid Compensable Transactions. Affiliate must immediately remove Creative Material upon receiving notice from T3Leads or upon the termination or expiration of this Agreement or any applicable Campaign.

 

(C) Restrictions. Affiliate is solely responsible for the development, operation, and maintenance of Affiliate Websites and all materials that appear thereon. In connection with or arising from Affiliate’s performance hereunder, Affiliate shall not (nor permit or encourage any person or entity to): (i) inflate the amount of Compensable Transactions through any deceptive or misleading practice, method, or technology (including, without limitation, through the use of any spyware, adware, device, program, robot, redirects, spiders, computer script or other automated, artificial, or fraudulent methods designed to appear like an individual, real live person performing a Compensable Transaction); (ii) accept Compensable Transactions generated from public or open proxy servers, IP addresses that have bot activity, or from pay-per-view or pay-per-surf programs; (iii) take control of a user's computer by delivering advertisements that a user of a computer cannot close without turning off the computer or closing all sessions of the Internet browser for the computer; (iv) install or execute on another's computer one or more additional software program(s) without consent of the user, or if such program(s) are installed with the consent of the user, Affiliate must clearly provide instructions to disable the software, such that the software is easily identifiable and the removal can be performed without undue effort or knowledge by the user of the computer; (v) violate or infringe any intellectual property or proprietary right of any third party (e.g., trademarks, service marks, brand names, copyrights, etc.); or (vi) promote any Creative Material that: (a) contains pornographic or other sexual material; (b) promotes hate-mongering in any form (e.g., racial, political, ethnic, etc.); (c) contains gratuitous displays of violence or obscenity; (d) defames, misrepresents, abuses, or threatens physical harm to others; (e) contains incentivized offers (or the appearance thereof) that induce or attempt to induce users to click on any Creative Material; (f) promotes any type of illegal substance or activity; (g) is unfair, deceptive, misleading, or otherwise fraudulent; or (h) misrepresent an affiliation with a person/entity, including, without limitation, an affiliation with a credit union.

 

(D) No legal advice.  T3Leads’ specifications and/or recommendations with respect to, without limitation, the Services, Campaigns, Creative Materials, Leads, Compensable Transactions, Affiliate Websites and/or Affiliate Databases (the “Specifications”) should not, under any circumstances, be construed and/or relied upon as legal and/or regulatory compliance advice. In consideration for your use of the Network, you agree to discharge, release and waive any and all claims, disputes, grievances, and causes of action, whether asserted or unasserted, and whether known or unknown, which you might have against T3Leads arising out of the Specifications. This release and discharge specifically includes, but is not limited to, any and all claims arising under the Laws (defined herein below) that you may have or that may arise in the future regarding the Specifications. You acknowledge that you understand the significance and consequence of this release and specific waiver of all known and unknown claims regarding the Specifications, and are aware of provision Section 1542 of the California Civil Code. You should contact your attorney to obtain advice with respect to any particular advertising issue and the Specifications. You have been provided ample opportunity to independently conduct your own due diligence and to seek the advice of separate and independent legal counsel of your own choosing and understand and acknowledge the significance and consequence of these releases, and the specific waiver of Section 1542. You expressly consent that this Affiliate Agreement and the releases set forth herein shall be given full force and effect according to each and all of their express terms and provisions, including those relating to unknown and unsuspected Specification related claims, demands and causes of action. You knowingly and voluntarily waive any and all rights and benefits conferred upon you by the provisions of Section 1542, and any other comparable statute or law which may exist under the laws of the State of California and/or under the laws of your own state of residence and/or principal place of business, and acknowledge that this waiver is an essential and material term of these releases.

 

III. Tracking. T3Leads shall include in each of the Creative Materials a special transaction tracking code (the “Transaction Tracking Code”). Affiliate shall not modify, circumvent, impair, disable, or otherwise interfere with any Transaction Tracking Code and/or other technology or methodology required or made available by T3Leads to be used in connection with any and all Creative Materials. All determinations made by T3Leads in connection with the Creative Materials and Compensable Transactions shall be final and binding on Affiliate. T3Leads expressly reserves the right to seed applicable data in order to monitor Affiliate’s compliance with the terms of this Agreement and applicable laws, rules, and regulations.

 

IV. Payment.

(A) Calculation. T3Leads shall calculate Affiliate Commissions based on Compensable Transactions recorded by the Transaction Tracking Codes. T3Leads shall compile, calculate, and post on the Site data derived from the Transaction Tracking Codes and supplementary sources used by T3Leads to determine Commissions due to Affiliate (“Data”). Any questions or disputes regarding the Data must be submitted in writing to T3Leads within five (5) business days of the date that the Data is posted on the Site; otherwise, the information contained therein will be deemed accurate and accepted by Affiliate. T3Leads will investigate and resolve any Data-related questions or disputes in its sole discretion. If, for any reason (including, without limitation, impairment of the Transaction Tracking Codes), T3Leads is unable or fails to provide Affiliate with accurate and/or complete Data, T3Leads shall calculate Compensable Transactions (“Projected Compensable Transactions”), based upon: (i) Affiliate’s average bi-monthly Compensable Transactions recorded by T3Leads for the applicable Campaign, prorated for any shorter or longer period of time, where Data needed to calculate such a bi-monthly average is available; or (ii) such amount that T3Leads reasonably determines is due and owing, in its sole discretion, where Data needed to calculate such a bi-monthly average is unavailable. All determinations made by T3Leads in connection with the Transaction Tracking Codes, Compensable Transactions, Projected Compensable Transactions, and any associated Commissions due to Affiliate shall be final and binding on Affiliate.

(B) Payment. T3Leads shall pay Commissions approximately fifteen (15) days after the fifteenth (15th) day and last day of a given calendar month, respectively, for Commissions earned during the prior fifteen (15) day period. Such payments shall only be made to Affiliate provided the applicable Affiliate account has reached a minimum of One Hundred Dollars ($100.00) (“Payment Threshold”) in accrued Commissions. Affiliate accounts that have accrued a balance below the Payment Threshold shall continue to roll over to the next payment period until an amount equal to or greater than the Payment Threshold has been met. Should Affiliate net more than One Thousand Dollars ($1,000.00) in weekly Commissions during any one (1) week, Affiliate may request in writing to be paid Commissions on a weekly basis, beginning approximately fifteen (15) days after the end of such week, for Commissions earned during the prior week. However, should Affiliate thereafter net One Thousand Dollars ($1,000.00) or less in Commissions for any subsequent week, Affiliate shall return to the regular payment schedule for that week’s earnings, with or without notice from T3Leads. All payments shall be in U.S. Dollars. Affiliate shall be responsible for paying any and all applicable taxes (if any) due to all taxing authorities arising from, or in connection with, Affiliate’s participation in the Network. T3Leads may require Affiliate to provide a W-9, or similar tax identification information, as a condition precedent to receiving any Commission payments. T3Leads may, in its sole discretion, withhold payments until such time as an applicable Advertiser has paid T3Leads for a corresponding Campaign. T3Leads reserves the right to reduce any and all payments owed to Affiliate where an Advertiser has offset payments owed to T3Leads. T3Leads shall not be obligated to pay Affiliate for Commissions where, in T3Leads’ sole discretion, T3Leads believes that Affiliate: (i) is in breach of this Agreement; or, (ii) has violated any applicable law, rule, or regulation in connection with or arising from performance hereunder. Upon termination of this Agreement, T3Leads shall pay Affiliate Commissions, even amounts below the Payment Threshold, during the next payment period, subject of course to T3Leads’ right to withhold and/or cancel Commission payments to Affiliate as set forth elsewhere herein. T3Leads shall not pay Affiliate any Commissions that arise: (i) before Affiliate is accepted into the Network; or, (ii) after termination of this Agreement or any applicable Campaign and/or IO.

 

(C) Referral Revenue. Affiliate shall receive payments (“Referral Revenue”) for each individual that Affiliate refers to T3Leads who also becomes an active Affiliate participating in the Network (“Referral”). The Referral Revenue shall be equal to three percent (3%) of the gross revenue T3Leads collects from Advertisers as a result of the applicable Referral’s participation in the Network as an Affiliate. To qualify as a Referral, the individual referred by Affiliate: (i) must not have previously registered, or attempted to register, with T3Leads as either an Affiliate or Advertiser; (ii) must not provide a fraudulent, incomplete, and/or duplicate Application; (iii) must identify Affiliate as the party that referred him or her to T3Leads at the time that the prospective Referral registers with T3Leads; (iv) must complete an Application; and (v) must have the Application accepted by T3Leads. T3Leads will verify and approve all Referrals in accordance with its standard verification procedures. Where Affiliate is found tampering with or engaging in fraud in connection with this Referral program, Affiliate will be: (i) disqualified from receiving any associated Referral Revenue; (ii) terminated from the Network; and (iii) subject to any and all remedies available to T3Leads at law and in equity resulting from such fraud. T3Leads may terminate and/or modify the Referral program at any time in its sole discretion. All determinations made by T3Leads in connection with Referrals and Referral Revenue shall be final and binding on Affiliate.

 

V. Data Ownership. T3Leads shall have sole ownership of and full right to use any and all Leads and data contained therein generated by Affiliate in connection with this Agreement. Affiliate shall have no rights in and to any such Leads or data contained therein. Without limiting the generality of the foregoing, Affiliate shall not: (i) transfer, export, display, forward, or otherwise share any such Leads or data contained therein to or with any third party; or, (ii) use any such Leads or data contained therein on Affiliate’s own behalf in any manner not expressly authorized by T3Leads.

VI. Sub-Affiliates. For purposes of this Agreement, any partner, associate, contractor, representative, or agent of Affiliate that participates in or performs any activities for Affiliate as a part of the Network shall be deemed to be a “Sub-Affiliate”. T3Leads reserves the right to require pre-approval of any and all Sub-Affiliates. T3Leads reserves the right to withhold or refuse approval of any Sub-Affiliate for any reason or no reason at all, and T3Leads may revoke its approval of any Sub-Affiliate at any time, with or without notice, for any reason or no reason at all. All Sub-Affiliates must comply with the same obligations as required of the Affiliate under this Agreement. Affiliate shall be responsible for the acts and/or omissions of its Sub-Affiliates.

VII. Consumer Privacy. Affiliate shall clearly and conspicuously post a privacy policy to Affiliate Websites (“Affiliate Privacy Policy”). The Affiliate Privacy Policy shall fully and accurately describe Affiliate’s: (i) collection, use, and sharing of consumer information; (ii) whether other parties (i.e., ad networks, analytics providers, etc.) may collect personally identifiable information about an individual consumer's online activities over time and across different websites when the consumer uses Affiliate Websites or services.; (iii) email, telephone, and other marketing practices, and applicable opt-in and opt-out policies and procedures; and (iv) data security measures. Affiliate represents and warrants that Affiliate will, at all times, comply with the Affiliate Privacy Policy posted to Affiliate Websites, and that such Affiliate Privacy Policy will, at all times, comply with all applicable laws, rules, and regulations.

 

VIII. E-mail Marketing. E-mail marketing campaigns by or on behalf of Affiliate in connection with this Agreement may only be undertaken with T3Leads’ prior express written consent. Prior to the sending of any commercial e-mail by or on behalf of Affiliate, Affiliate shall provide T3Leads with a list of IP addresses and domain names that Affiliate intends to use in connection with the given Campaign. Affiliate must, upon the request of T3Leads, be able to produce the name, date, time, IP address, and referral URL where applicable consumers granted Affiliate affirmative consent (as defined by applicable law (“Affirmative Consent”)) to receive commercial e-mails. Affiliate represents and warrants that any and all commercial e-mails sent by or on behalf of Affiliate in connection with this Agreement will: (i) at all times, comply with the CAN-SPAM Act of 2003, the Privacy and Electronic Communications Regulations 2003, any and all FTC implementing regulations, and all other applicable laws, rules, and regulations; and, (ii) only be sent to those recipients who have given Affiliate Affirmative Consent to receive such commercial e-mails and who have not revoked such Affirmative Consent as of the date any such commercial e-mail is sent. Without limiting the generality of the foregoing, Affiliate must: (i) not falsify e-mail header and/or transmission information (including, without limitation, source, destination, and routing information); (ii) not use any “subject” or “from” line that is materially false, misleading, or deceptive; (iii) clearly and conspicuously identify the message in the body as an advertisement or solicitation; (iv) include a valid physical postal address; (v) clearly and conspicuously explain how recipients can opt out of receipt of further e-mails; (vi) include a functional opt-out mechanism that will remain active for at least thirty (30) days from the date that the subject e-mail was transmitted; (vii) process opt-out requests within ten (10) business days; (viii) not use proxies or relays to send commercial e-mails; (ix) not seek or obtain unauthorized access to computers for the purpose of sending commercial e-mail; (x) regularly scrub Affiliate’s mailing list against T3Leads’ suppression list (“Suppression List”) as set forth elsewhere herein; (xi) and immediately notify T3Leads of any complaint, investigation, and/or litigation concerning Affiliate’s e-mail marketing practices (whether or not any such complaint, investigation, or litigation relates to Affiliate’s relationship with T3Leads). Affiliate is solely responsible for any and all consumer complaints relating to e-mail campaigns conducted by or on behalf of Affiliate. Affiliate shall respond to all consumer complaints within forty-eight (48) hours of notification. In addition to all other available remedies, T3Leads retains the right to withhold and/or cancel Commission payments unless and until any and all such consumer complaints are resolved to T3Leads’ satisfaction. In the event that any applicable law, rule, or regulation is enacted or amended after the effective date of this Agreement setting forth standards more restrictive than those set forth herein, the more restrictive standards contained in any such enacted or amended law, rule, or regulation shall apply, with or without notice from T3Leads. Affiliate acknowledges that any failure to comply with this section may, in T3Leads’ sole discretion, result in the immediate termination of this Agreement and the forfeiture of any and all rights to any Commissions otherwise owed to Affiliate by T3Leads.

 

IX. Suppression Lists. With respect to any Suppression List generated in connection with, or made available by and through the Network, Affiliate shall: (i) use such Suppression List, and the individual customer records contained therein, solely for the suppression purposes set forth herein, even after any termination of this Agreement; (ii) regularly use such Suppression List to remove any and all e-mail addresses, telephone numbers, or domains contained therein from future commercial e-mail mailings; (iii) not use the Suppression List for purposes of e-mail, or provide the Suppression List to any third party for said purposes, and not send, or cause to be sent, any commercial e-mail to an e-mail address, telephone number, or domain appearing on any Suppression List; (iv) not use any Suppression List for purposes of e-mail appending in any manner whatsoever; (v) hold any Suppression List made available by T3Leads in trust and confidence and use same solely for the suppression purposes set forth herein; (vi) not retain a copy of any Suppression List made available by T3Leads following termination of this Agreement; and (vii) not disclose any Suppression List made available by T3Leads to any employee, consultant, subcontractor, third party individual, corporation or entity without first ensuring said party’s written agreement to be bound by the terms of this Agreement regarding Suppression Lists. Such agreement shall be immediately forwarded to T3Leads, upon request. T3Leads reserves the right to withhold its consent to such disclosure and may, within its sole discretion, accordingly bar the disclosure of any and all Suppression Lists made available by T3Leads or any Advertiser. Affiliate shall upload its own list of suppressed e-mail addresses and telephone numbers to the applicable area of the Site (“Suppression List Upload Section”), if such a Suppression List Upload Section is provided by T3Leads. If the Suppression List Upload Section is provided by T3Leads, and no such e-mail addresses or telephone numbers are supplied by Affiliate, T3Leads may conclude that no such addresses exist. Affiliate further agrees and acknowledges that: (i) Affiliate has downloaded and removed the domains located on the Federal Communications Commissions (“FCC’s”) wireless domain names list (http://www.fcc.gov/cgb/policy/DomainNameDownload.html) from any and all current data used in any commercial e-mail marketing campaigns in connection with this Agreement; and (ii) any and all new data that Affiliate acquires, regardless of its source, will be scrubbed against the FCC’s wireless domain names list and that the domain names contained therein will be removed before sending any commercial e-mail marketing campaigns in connection with this Agreement. Affiliate shall maintain electronic or tangible records evidencing the removal of any email addresses or telephone number from Affiliate’s lists for verification by T3Leads as required or requested.

 

X. Term and Termination. The term of this Agreement will begin upon T3Leads’ written acceptance, in T3Leads’ sole discretion, of Affiliate’s Application to join the Network and will end when terminated by either party as set forth herein. Affiliate may terminate this Agreement at any time, upon three (3) days’ prior written notice to T3Leads. T3Leads may suspend and/or terminate Affiliate’s participation in the Network and/or this Agreement at any time, with or without notice, for any reason or no reason at all, in T3Leads’ sole discretion.  Grounds for suspension and/or termination shall include, without limitation, the failure to adhere to state and federal fair trade practice laws, rules, regulations and ordinances, such as false advertising, trademark infringement, unlawfully modifying ad copy, misrepresentation of affiliation with person/entity, and/or representing an affiliation with a government entity and/or credit union.  Upon suspension and/or termination of this Agreement for any reason: (i) Affiliate shall immediately cease to use and remove from the Affiliate Websites any and all Creative Material and/or other materials made available to Affiliate in connection with Affiliate’s participation in the Network; (ii) Affiliate shall immediately cease and desist from transmitting or causing to transmit any and all e-mails in connection with any Campaign; (iii) any and all licenses and rights granted to Affiliate in connection with this Agreement shall immediately cease and terminate; and (iv) any and all Confidential Information (as defined herein below), Creative Material, or proprietary information of T3Leads that is in Affiliate’s possession or control must be immediately returned or destroyed. If requested, Affiliate or an authorized officer of Affiliate shall certify in signed writing that all such confidential and/or proprietary information has been returned or destroyed. Notwithstanding any termination of the Agreement, any provisions of the Agreement that may reasonably be expected to survive suspension/termination of the Agreement shall survive and remain in effect in accordance with their terms.

 

XI. Representations and Warranties. Affiliate hereby represents and warrants that: (i) this Agreement has been duly and validly executed and delivered by Affiliate and constitutes Affiliate’s legal, valid and binding obligation which is fully enforceable against it in accordance with its terms; (ii) Affiliate’s performance hereunder will comply with the terms of this Agreement and all applicable laws, rules and regulations including, without limitation, the Gramm-Leach Bliley Act, 15 U.S.C. §§6801-6809, Regulation P, 12 C.F.R. pt. 1016,  Regulation Z, 12 C.F.R. 1026, the Electronic Transfer Act, 15 U.S.C §1693, Regulation E, 12 C.F.R. pt. 205, the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§6101-6108, the Telemarketing Sales Rule, 16 C.F.R. pt. 310, the Fair Credit Reporting Act (U.S.C. §1681m(a)), Regulation V, 12 C.F.R. pt. 1022 the Federal Trade Commission Act, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act (42 U.S.C. 227), provisions relating to the National Do Not Call Registry ((16. C.F.R. Part 310) and applicable state Do Not Call List requirements), the Truth-in-Lending Act (15 U.S.C. 1601 et seq.), the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.), the Fair Debt Collection Practices Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act including but not limited to Section 1031 and 1036, 12 U.S.C §§5531, 5536, Section 5 of the FTC Act, the Home Mortgage Disclosure Act, the Real Estate Settlement Procedures Act, the Secure and Fair Enforcement for Mortgage Licensing (SAFE) Act, the Fair Debt Collection Practices Act, the Federal Communications Act, the California Financial Privacy Act and any other relevant State or Federal consumer financial laws (collectively, “Laws”); (iii) Affiliate’s performance hereunder will not violate or infringe any intellectual property or proprietary right of any third party; (iv) Affiliate understands and agrees that T3Leads will enter into similar agreements with other T3Leads affiliates in direct competition with Affiliate. (v) Buyer will maintain all documents and records necessary to demonstrate compliance with Laws, and it will provide evidence of such upon reasonable request (vi) Affiliate will not engage in any short messaging service (“SMS”) marketing campaigns in connection with this Agreement

 

XII. DISCLAIMERS/LIMITATION OF LIABILITY. THE NETWORK, SITE, DATA, SUPPRESSION LISTS, TRANSACTION TRACKING CODES, AND CREATIVE MATERIAL ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT OF THE LAW, T3LEADS MAKES NO WARRANTIES (INCLUDING IMPLIED WARRANTIES OF PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY), REPRESENTATIONS, OR GUARANTEES; EXPRESS, IMPLIED, VERBAL, OR OTHERWISE. T3LEADS HAS NO LIABILITY, WHATSOEVER, TO AFFILIATE OR ANY THIRD PARTY, FOR AFFILIATE’S USE OF, OR INABILITY TO USE, THE NETWORK, SITE, DATA, SUPPRESSION LISTS, TRANSACTION TRACKING CODES, AND/OR CREATIVE MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AFFILIATE FROM T3LEADS SHALL CREATE ANY WARRANTY, REPRESENTATION, AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. IN NO EVENT SHALL T3LEADS BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF T3LEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN T3LEADS AND AFFILIATE. THE NETWORK, SITE, DATA, SUPPRESSION LISTS, TRANSACTION TRACKING CODES, AND CREATIVE MATERIAL WOULD NOT BE PROVIDED TO AFFILIATE WITHOUT SUCH LIMITATIONS. UNDER NO CIRCUMSTANCES SHALL T3LEADS BE LIABLE TO AFFILIATE OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED THROUGH AFFILIATE’S MARKETING EFFORTS, IN ANY MANNER WHATSOEVER ARISING FROM AFFILIATE’S PARTICIPATION IN THE NETWORK. T3LEADS’ MAXIMUM AGGREGATE LIABILITY TO AFFILIATE AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES SHALL BE EQUAL TO THE COMMISSIONS PAID BY T3LEADS TO AFFILIATE DURING THE PRECEDING THREE (3) MONTHS.

 

XIII. Indemnification. Affiliate (the “Indemnitor”) shall indemnify, defend, and hold harmless T3Leads, its parents, affiliates and/or subsidiaries, and each of their respective officers, directors, partners, members, managers, employees, agents and attorneys (collectively, the “Indemnitee”) from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs, or settlement costs) arising from or related to: (i) Indemnitor’s participation in the Network; (ii) any breach or alleged breach of this Agreement, any applicable IOs, or any representation or warranty contained herein by Indemnitor, its Sub-Affiliates, or each of their respective officers, directors, partners, members, managers, employees, agents and attorneys; or (iii) any violation or alleged violation of any applicable law, rule, or regulation by Indemnitor, its Sub-Affiliates, or each of their respective officers, directors, partners, members, managers, employees, agents and attorneys. Indemnitee shall promptly notify the Indemnitor in writing of any such claim (although failure to provide such notice shall not relieve the Indemnitor of its liability or obligation hereunder). Indemnitor shall have reasonable control of the defense and settlement of any such claim and the Indemnitee shall cooperate with all reasonable requests of the Indemnitor (at the Indemnitor’s expense) in defending or settling a claim. Subject to the foregoing clause, the Indemnitee may join in the defense or settlement of any such claim with counsel of its choice, at its own expense. All costs and expenses incurred by the Indemnitor in providing the foregoing indemnity shall be paid by the Indemnitor.

 

XIV. Confidentiality. For purposes of this Agreement, “Confidential Information” shall mean all data and information, of a confidential nature or otherwise, disclosed during the term of this Agreement by one party (“Disclosing Party”) to the other party (“Receiving Party”), as well as information that the Receiving Party knows or should know that the Disclosing Party regards as confidential including, but not limited to: (i) a party’s business plans, strategies, know how, marketing plans, suppliers, sources of materials, finances, business relationships, processes, methodologies, trade secrets, customer and vendor lists, personally identifiable customer information, pricing, technology, employees, trade secrets and other non-public or proprietary information whether written, oral, recorded on tapes or in any other media or format; (ii) the material terms of this Agreement and/or any associated Advertisers and/or Campaigns; (iii) any information marked or designated by the Disclosing Party as confidential; and (iv) the existence of this Agreement. The Receiving Party agrees to hold all Confidential Information in trust and confidence and, except as may be authorized by the Disclosing Party in writing, shall not use such Confidential Information for any purpose other than as expressly set forth in this Agreement or disclose any Confidential Information to any person, company or entity, except to those of its employees and professional advisers: (i) who need to know such information in order for the Receiving Party to perform its obligations hereunder; and (ii) who have entered into a confidentiality agreement with the Receiving Party with terms at least as restrictive as those set forth herein. Confidential information shall not include any information that the Receiving Party can verify with substantial proof: (i) is generally available to or known to the public through no wrongful act of the Receiving Party; (ii) was independently developed by the Receiving Party without the use of Confidential Information; or (iii) was disclosed to the Receiving Party by a third party legally in possession of such Confidential Information and under no obligation of confidentiality to the Disclosing Party. The Receiving Party agrees that monetary damages for breach of the confidentiality provisions contained herein may not be adequate and that the disclosing party shall be further entitled to injunctive relief, without the requirement to post bond. This Section shall survive any termination of this Agreement for a period of five (5) years.

 

XV. Non-Circumvention. Affiliate recognizes that T3Leads has proprietary relationships with affiliates, Advertisers, and other third-parties that participate in the Network. Affiliate agrees not to circumvent T3Leads’ relationship with such affiliates, Advertisers, and third-parties, or otherwise offer, make available, provide, contract for, or perform, directly or indirectly, advertising, marketing or promotional services similar to the services performed by affiliates in the Network for any affiliate, Advertiser, or third-party publisher that is known, or should reasonably be known, by Affiliate to participate in the Network, during the term of this Agreement and for the six (6) month period following termination or expiration of this Agreement. Notwithstanding the foregoing, to the extent that Affiliate can show that any such affiliate, Advertiser, or third-party already obtained such services from Affiliate prior to the date of this Agreement, Affiliate shall not be prohibited from continuing such relationship. Affiliate agrees that monetary damages for its breach, or threatened breach, of this section will not be adequate and that T3Leads shall be entitled to: (i) injunctive relief, including temporary and preliminary relief, without the requirement to post a bond; (ii) liquidated damages from Affiliate in the amount equal to one hundred percent (100%) of the fees paid to Affiliate for the prior twelve (12) month period; and/or (iii) any and all other remedies available to T3Leads at law or in equity.

 

XVI. Other Provisions.

(A) Force Majeure. Affiliate agrees that T3Leads will not be liable, or be considered to be in breach of this Agreement, on account of T3Leads’ delay or failure to perform as required under the terms of this Agreement as a result of any causes or conditions that are beyond T3Leads’ reasonable control which T3Leads is unable to overcome through the exercise of commercially reasonable diligence (a “Force Majeure Event”). If any such Force Majeure Event occurs including, without limitation, acts of God, fires, explosions, telecommunications, Internet or network failure, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, acts of terrorism, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity, T3Leads will give Affiliate notice and will use commercially reasonable efforts to minimize the impact of any such event.

(B) Assignment. Affiliate may not assign, transfer, or delegate any of its rights or obligations under this Agreement or any IO without the prior written consent of T3Leads, and any attempts to do so shall be null and void. Subject to the foregoing limitation, the Agreement, together will any and all IO(s) will inure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns.

(C) Disputes; Choice of Law/Venue. This Agreement, together with any and all IO(s), shall be treated as though it were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions. Any dispute arising out of or relating to this Agreement must be brought in the federal or state courts located in the County of Los Angeles, California. Should a dispute arise concerning this Agreement or the breach of the same by any party hereto, T3Leads expressly reserves the option to require Affiliate to first submit the dispute for resolution by non-binding arbitration before the American Arbitration Association in Los Angeles, California, in accordance with the then current Commercial Arbitration Rules. Any award rendered shall be final and conclusive, and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude T3Leads from seeking injunctive relief in order to protect its rights pending an outcome in arbitration, nor limit any legal remedies available to T3Leads. T3Leads may, in its sole discretion, elect to file an action in any court of competent jurisdiction in Los Angeles County, California, in lieu of and despite the alternative dispute resolution provision above. T3Leads shall be entitled to an award of its reasonable costs and expenses (including, without limitation attorneys’ fees), in any action or proceeding in connection with, arising out of, or under the Agreement. Any claim under this Agreement, other than for indemnity and defense must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be forever barred. To the extent permitted by law, Affiliate agrees that Affiliate will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that Affiliate may have against T3Leads and its employees, officers, directors, members, representatives and assigns. Affiliate agrees to the entry of injunctive relief to stop such a lawsuit or to remove Affiliate as a participant in the suit. Affiliate agrees to pay the attorney's fees and court costs that T3Leads incurs in seeking such relief.

 

(D) Modification. This Agreement and all applicable IO(s) represent the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or verbal, between the parties.

 

(E) Non-Waiver; Severability. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the real intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

 

(F) Status of the Parties. T3Leads and Affiliate are independent contractors. This Agreement shall not be construed to create any employment, partnership, joint venture, agency, franchise, or sales representative relationship between the Parties. Affiliate shall have no authority to bind T3Leads into any agreement, nor shall Affiliate be considered to be an agent of T3Leads in any respect.

 

(G) Audit Rights. Affiliate shall maintain true and correct books containing a record of all information pertinent to its participation in the Network during the term of this Agreement and for any applicable statute of limitations period. T3Leads or its agent shall be entitled to review, at T3Leads’ expense, during regular business hours and upon not less than five (5) days' written notice, such relevant books and records for the purpose of verifying Affiliate’s compliance with the terms of this Agreement and all applicable laws, rules, and regulations. Any such review will be made not more than twice in each calendar year during the term of the Agreement unless a prior audit has disclosed a breach of this Agreement or violation of any applicable laws, rules, or regulations. If T3Leads discovers any breach of this Agreement or violation of any applicable laws, rules, or regulations, then the audit shall be at the sole cost and expense of Affiliate.

 

(H) Electronic Signatures.   You acknowledge and agree that by clicking on the button labeled “Create My Account” or such similar links as may be designated by T3Leads to accept this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract.  You acknowledge that your electronic submission constitutes your agreement and intent to be bound by this Affiliate Agreement.  Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE OR SERVICES OFFERED BY T3LEADS. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. 

Date Effective: February 14. 2014

Last Updated: February 10. 2014

 

D and D MARKETING, INC

16350 Ventura Blvd, Suite D #821

Encino, CA, 91436

 

PHONE NUMBERS:
1-877-77-T3LEADS
1-877-778-3532

 

FAX NUMBER:
1-818-728-1364

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T3LEADS - WEBSITE TERMS AND CONDITIONS

Last Updated: March 27, 2013

Thank you for visiting the T3Leads™ website located at www.t3leads.com (the “Site”). The Site is an Internet property of D and D Marketing, Inc. (“T3Leads,” “we”  or “us”). By using and/or accessing the Site, you are agreeing to comply with and be bound by the following T3Leads Website Terms and Conditions (“Terms and Conditions”). These Terms and Conditions are inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time including, without limitation, the separate T3Leads Affiliate Agreement, T3Leads Advertiser Agreement and T3Leads Privacy Policy (collectively, the “Network Agreements” and, together with these Terms and Conditions, the “Agreement”). Where there is a conflict between these Terms and Conditions and any Network Agreement, the applicable Network Agreement shall take precedence on all matters. Please review the terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.

Registration

The Site is available only to individuals who can enter into legally binding contracts under applicable law. To begin the enrollment process, you must submit a complete and accurate Affiliate application (“Application”). To join the Network, you must be an entity or an individual of at least eighteen (18) years of age, with the requisite equipment and Internet connection to access the Network and Site. The Site is not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access the Site. T3Leads will evaluate your Application and promptly notify you of your Application acceptance or rejection via the email address that you supply as a part of your Application. If any of the information supplied as part of your Application changes, at any time, you must immediately inform T3Leads of same to reflect such changes in your Affiliate profile.

Acceptance of Agreement

You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and T3Leads with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. Any such modifications shall take effect immediately. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes. If you do not agree to any such modified terms, do not use this Site in any manner or form.

T3Leads Network

Only by registering on the Site, completing the applicable T3Leads Network Agreement as either an Affiliate or Advertiser and receiving approval from T3Leads, can you utilize the affiliate marketing network operated by T3Leads (the “T3Leads Network”). The T3Leads Network allows: (a) interested third party Affiliates including, but not limited to, marketers, publishers, advertisers and advertising agencies, to obtain Creative Materials (as that term is defined in the applicable Network Agreement) for various Advertiser products and/or services and market such products and/or services on Affiliate websites and/or through other online media as authorized by T3Leads; and (b) interested Advertisers to attract and retain third party Affiliates in connection with the marketing of their products and/or services. T3Leads reserves the right to prohibit any conduct by Advertisers and Affiliates. Notwithstanding the foregoing, T3Leads™ undertakes no responsibility to monitor or otherwise police the use of Creative Materials or other activities of Affiliates, Advertisers and/or other third parties. You understand and agree that T3Leads will not be responsible for such Creative Materials and other information. You agree that T3Leads shall have no obligations and incur no liabilities to you in connection with any Creative Materials and other information appearing in the T3Leads Network or otherwise made available by and through the Site.

Please use caution, common sense and safety when using the T3Leads Network and/or other areas of the Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Affiliates, Advertisers and/or other third parties. Because we are not involved in such interactions, in the event that you have a dispute with one or more Site-users, Affiliates, Advertisers and/or other third parties, you hereby release T3Leads including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. T3Leads reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Affiliates, Advertisers and/or other third parties.

Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that T3Leads is not responsible or liable in any manner whatsoever for your inability to use and/or qualify as either an Affiliate or Advertiser for any current or intended marketing campaign or any associated functionality. You understand and agree that T3Leads shall not be liable to you or any third party for any modification, suspension or discontinuation of the T3Leads Network, any T3Leads products and/or services or any products and/or services by any of the Affiliates and/or Advertisers. These Terms and Conditions only govern your use of the Site and ability to register for the services provided on the Site. To access the T3Leads Affiliate Agreement, Click Here. To access the T3Leads Privacy Policy (“Privacy Policy”), Click Here.

License Grant

As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. As an Affiliate or Advertiser, you shall be subject to the restrictions contained in the applicable Network Agreement regarding use of the Creative Materials, the T3Leads Network and other materials made available therein. T3Leads may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Creative Materials, Site, any content featured therein or any portion thereof. T3Leadsreserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or T3Leads Network. You may not take any action that imposes an unreasonable or disproportionately large load on T3Leads infrastructure. Your right to use the Site is not transferable.

Proprietary Rights

The Creative Materials, content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site and T3Leads Network are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Creative Materials, T3Leads Network or Site is strictly prohibited. You do not acquire ownership rights in or to any Creative Materials, content, document, software, services or other materials viewed at or through the Site and T3Leads Network. The posting of information or material on the Site and T3Leads Network by T3Leads™ does not constitute a waiver of any right in such information and/or materials. Your use of this Site and T3Leads’ services does not confer any intellectual property rights to you in the content you access or the services you use.

Editing, Deleting and Modification

We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

Indemnification

You agree to indemnify and hold T3Leads, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, Creative Materials and/or T3Leads Network; (b) your breach of the Agreement; and/or (c) any dispute between you and any Site-User, Affiliate, Advertiser, any third party or other entity. The provisions of this paragraph are for the benefit of T3Leads, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

Disclaimer of Warranties

THE SITE, THE T3LEADS NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE”  BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, T3LEADS MAKES NO WARRANTY THAT: (A) THE SITE, THE T3LEADS NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE T3LEADS NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY AS EITHER AN AFFILIATE OR ADVERTISER; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR T3LEADS NETWORK WILL BE ACCURATE OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE AND/OR T3LEADS NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM T3LEADS OR OTHERWISE THROUGH OR FROM THE SITE, T3LEADS NETWORK, ANY AFFILIATE AND/OR ANY ADVERTISER, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT T3LEADS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF T3LEADS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE T3LEADS NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE AND/OR T3LEADS NETWORK; (C) THE FAILURE TO QUALIFY AS EITHER AN AFFILIATE OR ADVERTISER; AND (D) ANY OTHER MATTER RELATING TO THE SITE, T3LEADS NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE T3LEADS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF T3LEADS™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND T3LEADS™. THE SITE, THE T3LEADS NETWORK, CREATIVE MATERIALS AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

Export Control

Any Creative Materials made available from or through the Site are or may be subject to United States export controls. No such Creative Materials from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders (each, a “Restricted List”). By using or downloading any Creative Materials from the Site, you are warranting that you are not located in, under the control of, or a national or resident of, any such country or on any Restricted List.

Third Party Websites

The Site may provide and/or refer you to links to other Internet websites and/or resources. The inclusion of a third party link to an outside website or resource on this Site should not be viewed as an endorsement of or recommendation for the third party website, the resource, or anything contained therein. Because T3Leads has no control over the information, software, content, or creative material made available on such third party websites and/or resources, you hereby acknowledge and agree that T3Leads is not responsible for the availability of such third party websites and/or resources, or for any damages and/or losses arising therefrom. Any access to and/or use of such third party websites and/or resources are done at your own risk.  Your dealings with third parties found on our through this Site, including payment and delivery of related products or services, and any associated terms, conditions, warranties, or representations, are solely between you and such third party.

Privacy Policy

Use of the Site, and all comments, feedback, information or materials that you submit through or in association with the Site, are subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here.

Legal Warning

Any attempt by any individual, whether or not a T3Leads customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and T3Leads will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

Disputes; Choice of Law; Venue

The Agreement shall be treated as though it were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Sherman Oaks, California, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against T3Leads and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that T3Leads incurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

Entire Agreement

The Agreement is personal between you and T3Leads and governs your use of the Site, superseding any and all prior and/or contemporaneous agreements between you and T3Leads. To the extent that anything in or associated with the Site and/or any T3Leads offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence; provided, however, that where there is a conflict between the Agreement and the Services Agreement, the Services Agreement shall take precedence on all matters; provided, however, that where there is a conflict between the Agreement and any Network Agreement, the applicable Network Agreement shall take precedence on all matters. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

Contact Us

If you have any questions regarding the Agreement, or would like more information from us, please contact us at: admin@t3leads.com.

D and D MARKETING, INC

16350 Ventura Boulevard, Suite D #821 
ENCINO, CA, 91436

PHONE NUMBERS:

1-877-77-T3LEADS 
1-877-778-3532

FAX NUMBER:

1-818-728 - 1364

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T3LEADS - WEBSITE PRIVACY POLICY

Last Updated: April 12, 2013

Thank you for visiting the T3Leads website located at www.t3leads.com (the "Site"). The Site is an Internet property of D and D Marketing, Inc. ("T3Leads," "we" or "us"). T3Leads is committed to protecting the privacy of our visitors` personally identifiable information. We provide this privacy policy ("Privacy Policy") in order to explain our online information practices and the choices you can make about the way your information is used by us. This Privacy Policy applies to any and all information submitted or collected on this Site. You agree to this Privacy Policy, in its entirety, when you: (a) access or use our Site; and/or (b) register on the Site to participate in the T3Leads Network ("Network") as an Advertiser and/or Affiliate. If you do not agree to this Privacy Policy in its entirety, you are not authorized to become an Affiliate or Advertiser ("Network Member") and/or use the Site in any manner or form whatsoever.

Personally Identifiable Information

Some of the information you must provide to register as a Network Member or otherwise choose to provide to T3Leads is Personally Identifiable Information. Personally Identifiable Information is unique data about an individual used for identification and communication purposes. Personally Identifiable Information may include—without limitation—name, birth date, home and/or mobile telephone numbers, personal email address, and mailing and/or home address.

Non-Personally Identifiable Information

Some information you must provide, or which may be collected by virtue of your access to and/or use of this Site, may include non-Personally Identifiable Information. Non-Personally Identifiable Information may include—without limitation—Internet Protocol address, browser type, operating system type, and Internet Service Provider.

Cookies

This Site employs the use of Cookies to enhance your user experience. Cookies are data sent to your computer when you visit a website. Cookies allow this Site to recognize your browser and store your preferences. Cookies help T3Leads analyze traffic on this Site to better understand visitor behavior and other activity. Cookies, by themselves, do not provide T3Leads with your Personally Identifiable Information. You can disable cookies through your Internet browser. However, if you disable Cookies, you may not be able to access or use certain features of this Site or T3Leads` services. T3Leads has no access to or control over third party Cookies technology.

Use of Information

Subject to all applicable laws, rules, and regulations, we may use any and all information submitted or collected on this Site to: (a) send you T3Leads updates; (b) share with you related products and services in which you might be interested ("E-mail Offers"); (c) contact you regarding your participation as a Network Member; (d) prevent fraud. We may also use any and all information submitted or collected on this Site for purposes for which you have given your consent, or as may otherwise be permitted by applicable laws, rules, and regulations.

Sharing of Information

As a general rule, and other than in connection with the limited exceptions set forth below, T3Leads will not sell, share, or rent your Personally Identifiable Information to or with others. Notwithstanding the foregoing, T3Leads may, from time to time, provide information submitted or collected on this Site to certain third-party administrative vendors for various reasons including, without limitation, billing, delivery, and payments. Any and all such third-party vendors are bound by contract to maintain the security and integrity of your Personally Identifiable Information.

T3Leads reserves the right to share information submitted or collected on this Site : (a) where required by law, warrant, subpoena, or legal process; or where requested by a court of competent jurisdiction, governmental authority, or quasi-governmental authority; (b) in the event of T3Leads` bankruptcy, or if T3Leads is sold or acquired; (c) where you are, or are suspected to be, in violation of this Privacy Policy, the T3Leads Terms and Conditions, the T3Leads Advertiser Agreement, and/or the T3Leads Affiliate Agreement; (d) to prevent, address, or remedy fraud, security, or technical issues, which necessarily may include - without limitation - the exchange of such information with trusted third parties for fraud prevention purposes; (e) to improve the design and content of this Site; or, (f) where T3Leads determines such disclosure is necessary to protect the rights of T3Leads or a third party, or to shield T3Leads from liability of any kind.

Security of Information

T3Leads employs a series of physical and electronic security measures and procedures to safeguard the security and integrity of your personal information from unauthorized access, use, destruction, or disclosure—both online and offline. By way of example and without limiting the generality of the foregoing, T3Leads has managerial security measures in place wherein access to and use of your personal information is limited. As for technical security measures, T3Leads secures data transmission with Secure Socket Layer (SSL) encryption software, limits access to data storage with password protection, and stores data on secure servers and computers.

Please be advised that, although T3Leads takes all reasonable precautions to protect your data, no data storage or data transmission security is guaranteed. Accordingly, T3Leads cannot, and does not, represent, warrant, or guarantee the complete security of any data storage or data transmission. You agree that your access to and use of this Site and your use of T3Leads` services—which necessarily includes data storage and data transmission—are done at your own risk.

In the event of any known data security breach with respect to your Personally Identifiable Information, T3Leads will notify you and relevant regulatory agencies as may be required by applicable law. Such notice to you may be in the form of e-mail. Please be advised that notice to you may be delayed to address the needs of law enforcement, to determine the scope of the breach, and/or to employ certain remedial measures.

Access to Personally Identifiable Information

T3Leads retains the submitted or collected on this Site as needed to perform T3Leads` services, to comply with legal obligations, to resolve disputes, and to enforce agreements. If you wish to update or delete your Personally Identifiable Information, you may communicate your desire to do so to T3Leads via certified mail to 16350 Ventura Blvd., Suite D #821, Encino, CA 91436; or via e-mail to admin@t3leads.com.

Unsubscribing from E-mail Offers

You may choose to unsubscribe from receipt of E-mail Offers at any time. To do so, you must follow the instruction to unsubscribe at the bottom of any such E-mail Offer or contact T3Leads directly expressing your desire to unsubscribe via certified mail to 16350 Ventura Blvd., Suite D #821, Encino, CA, 91436; or via e-mail to admin@t3leads.com. All requests to unsubscribe from receipt of such E-Mail Offers from T3Leads are added to T3Leads` Do-Not-Contact list within ten (10) days of receipt. Please be advised you cannot unsubscribe from T3Leads updates, or e-mails regarding your participation as a Network Member.

Third Party Links

The Site may contain links to third party websites ("Third Party Sites"). Please be advised T3Leads is not responsible for the privacy policies and practices of such Third Party Sites, and this Privacy Policy does not apply to your access to and/or use of such Third Party Websites and/or third party products or services. This Privacy Policy applies solely to information collected by T3Leads. You are encouraged to exercise care when following third party links away from this Site, and to read the privacy policy of any such Third Party Site that collects Personally Identifiable Information. T3Leads is not liable for your access to and use of such Third Party Sites, and your access to and use of such Third Party Sites are done at your own risk.

Children`s Privacy

This Site is a general audience website and is not specifically designed for or targeted to children. You must be eighteen (18) years of age or older to become a Network Member. T3Leads does not knowingly collect, use, or share any Personally Identifiable Information from children under the age of eighteen (18). If T3Leads becomes aware that Personally Identifiable Information regarding a child under the age of eighteen (18) has been inadvertently collected at this Site, T3Leads will make reasonable efforts to delete it from T3Leads`s records.

Notification of Changes

T3Leads reserves the right to modify this Privacy Policy or any additional terms that apply to this Site or T3Leads` services. T3Leads will post notice of any such modifications to this Privacy Policy and any additional terms that apply to this Site or T3Leads` services in a clear and conspicuous manner to this Privacy Policy, the T3Leads homepage, and any other place T3Leads may deem appropriate. Any such modifications shall take effect immediately. If you do not agree to any such modified terms, please do not use this Site or T3Leads` services. Your continued use of this Site following notification from T3Leads of any such modifications constitutes your acceptance of any and all such changes in their entirety.

Headings

The headings for sections contained herein are for convenience only and shall not affect the meaning of the provisions of this Privacy Policy.

T3Leads` Contact Information

Comments, questions, or concerns about this Privacy Policy or T3Leads` privacy practices may be directed to T3Leads via certified mail to 16350 Ventura Blvd., Suite D #821, Encino, CA 91436; or via email at admin@t3leads.com.

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OLA Best Practices, USA Payday

 

In order to better serve our visitors, T3Leads adheres to certain practices deemed by the Online Lenders Alliance as "best practices." All websites should reflect these compliance principles and be designed to assist consumers better understand the process of taking out a payday loan.

As affiliates of T3Leads, we recommend that you follow these practices in order remain compliant with applicable laws, rules and regulations.

General recommendations are as follows:

  • Never engage in activities that are unfair, abusive or deceptive.
  • All website copy should avoid making the impression, expressly or impliedly, that affiliate sites are lenders or operate as lenders. Instead, visitors should be informed that these sites are not lenders and instead provide a referral service to qualified participating lenders.
  • All advertisements should be truthful, accurate and reflective of the service.
  • You cannot guarantee a loan, loan amount or say 100% of applicants will be approved.
  • Do not advertise that these loans can be taken out with bad credit or with no credit check. Inform visitors that some lenders do conduct credit checks. Disclose that credit checks may be run via specialized credit bureaus.
  • Do not advertise that no faxing is ever required. Some lenders do require faxing.
  • Only offer credit terms that are actually available. Do not advertise that loans can be taken out for more than $1,000.
  • Represent time accurately meaning that advertisements should reflect that cash could be available as soon as the next business day. Representations regarding cash in "one hour" or "same day" should not be made.
  • Do not include testimonials or endorsements on websites.

 

Terms to Avoid Acceptable Substitutes
Bad credit None
Bad credit ok None
100% None
Guaranteed None
Number of payments/period of repayment None
(x)% interest None
Down payment None
Instant Fast, quick, speedy
Immediate As soon as/as fast as the next business day
Within minutes As soon as/as fast as the next business day
Within hours As soon as/as fast as the next business day
Same day As soon as/as fast as the next business day
Tomorrow As soon as/as fast as the next business day
Next day As soon as/as fast as the next business day
One hour As soon as/as fast as the next business day
$1000 or more Up to $1,000 depending on the lender
No faxing None
Application Registration/form/registration form
Apply Register
Our payday loans Lenders from our independent  third party network
Any amount guaranteed None
No credit check None

Terms and Conditions, Privacy Policy, and Disclosures:

  • Affiliates who are not lenders should clearly indicate so throughout their websites.
  • All sites should have conspicuous "terms and conditions" and "privacy policies", and links to these pages should be clearly visible on every page. There can be nothing on the site that contradicts these terms and conditions (including but not limited to text, graphics, and marketing materials used by affiliates).
  • Terms and conditions must state that the site cannot guarantee a loan match nor can it guarantee the amount of a loan. The page must also state that some lenders do in fact perform credit checks via specialized credit bureaus. Statements to the contrary cannot be made anywhere on the site. The page must also disclose that application information provided by consumer will be shared with one or more lenders.
  • A conspicuous privacy policy must be provided to consumers on your site. Clearly disclose facts regarding the categories of personally identifiable information collected, with whom it is shared, how it is used and how it is secured. Provide consumers with a choice regarding whether data is collected and used, or transferred to a non-affiliate.
  • Your privacy policy should also accurately disclose how you respond to "do not track" signals or other mechanisms that provide consumers with choice regarding the collection of personally identifiable information, or provide a hyperlink to a webpage with a description, including the effects, of any program or protocol the you follow that offers consumers a choice about online tracking. Also, accurately disclose whether third parties may collect personally identifiable about an individual consumer's online activities over time and across different websites, when a consumer uses your website.
  • Lead generators do not have customers and should not refer to visitors as such.
  • Websites must include their address and telephone number on contact page, and website owners must be easily identifiable.
  • Websites cannot suggest misleading affiliations, infringe on third party intellectual property rights, infringe on trademark words, words too similar to trademarked words, or use third party designs.
  • Before consumers can proceed from the short form to the long form, they must check off a box next to the following statement at the bottom of the short form:
  • By submitting your information, you acknowledge you have read, understand, and agree to the terms of our Privacy Policy and Terms & Conditions of Use, and consent to your information to be shared with select marketing partners.
  • The terms "Privacy Policy" and "Terms & Conditions of Use" in the indented statement above should be hyperlinked to each respective document.

When advertising for your product, be sure to also address the following topics in all advertisements:

  • The implications of late payment (i.e., late fees, collection activities). Include a clear and conspicuous disclaimer, as follows: "Late payments of loans may result in additional fees or collection activities, or both. Each lender has their own terms and conditions, please review their policies for further information."
  • The consequences of non-payment (i.e., collection activities). Include a clear and conspicuous warning, as follows: "Non-payment of credit could result in collection activities. Each lender has their own terms and conditions, please review their policies for further information."
  • An explanation of sustained use of loans (i.e., renewals, extensions, back-to-back loans). Include a clear and conspicuous disclosure, as follows: "Every lender has its own renewal policy, which may differ from lender to lender. Please review your lender’s lending policy." Include information about responsible lending, promoting this at all times.
  • Compliance with applicable state and federal law.