EZ Loan Look Up, Inc. “Referral” Advertising Program Terms

The nature of our business relationship is for an EZL internet marketing program (web site, email, ect), to provide leads and companies of will make reasonable efforts to fund the loan based on the policies and procedures in place at that respective company.

EZL’s fees are based on funded loans and not on leads.

ON-LINE APPLICATION FOR ELECTRONIC ADVERTISING - TERMS AND CONDITIONS
Last Updated November 2008

PLEASE READ THE TERMS AND CONDITIONS BELOW. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU AGREE THAT THEY WILL GOVERN THE PARTIES' OBLIGATIONS REGARDING THE ADVERTISING AND OTHER ITEMS DESCRIBED IN YOUR ONLINE ORDER. YOU MAY PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS DOES NOT OBLIGATE EZ LOAN LOOK UP, INC.. ("EZL") TO PUBLISH ANY ADVERTISING. EZL MAY REJECT YOUR APPLICATION, IN WHOLE OR IN PART, FOR ANY REASON.

EZL MAY CHANGE THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING SUCH CHANGED TERMS AND CONDITIONS ON THIS WEBSITE, AND ALL SUCH CHANGES WILL BE EFFECTIVE AS OF THE BEGINNING OF THE FIRST MONTH OF MY REFERRAL PROGRAM FOLLOWING THE DATE THE CHANGED TERMS AND CONDITIONS ARE POSTED. THE CURRENT VERSION OF THESE TERMS AND CONDITIONS MAY BE VIEWED AT http://www.ezloanlookup.com/referral-program-terms-conditions.html

SECTION 1 - APPLICATION FOR REFERAL PROGRAM
By my submission of my online order and acceptance of these terms and conditions by clicking "I accept", I am requesting EZL to refer potential or past customers to our company. We agree to allow EZL to publish advertising ("Electronic Advertising") on our company in services published on various electronic media, including, without limitation, EZL's EzLoanLookUp.com® service ("Electronic Directory"). Electronic Advertising also includes websites and other electronic advertising items requested on the Order Summary Page of this Application whether or not linked to the Electronic Directory. The "Date of the Application" is the date I clicked to accept these terms and conditions and submitted my order in connection with these terms and conditions (or, if these events occurred on two different dates, the later of the two dates). The "Application" consists of my order together with these terms and conditions. "I" or "Lender" means the person who is the subject of the referral program described in this Application. I may be an individual, corporation or other entity or organization.

SECTION 2 - EZL NOT BOUND TO PUBLISH
I understand that this Application is not an agreement by EZL to publish my advertising and EZL may choose not to publish my advertising or advertiser web pages.

SECTION 3 - PAYMENT FOR REFERRAL
(a) I promise to pay EZL the rates posted on the "Order Summary Page" section describing the referral program for every referral that is converted into a loan. Until I cancel my service, or EZL cancels my service for any reason. If service is cancelled, all pending (Loan applicants that were referred prior to the cancellation) referrals that are converted into loans will be paid to EZL. Notwithstanding the foregoing, I acknowledge and agree that EZL may increase the rates for my referral program at any time by giving me 30 days advance written notice.

(b) Billing. Unless EZL agrees to or requires other billing arrangements, Referral fees will be automatically billed to the financial instrument that EZL has deemed acceptable and I designated during the application process. EZL, in its sole discretion, may agree to or require other billing arrangements (including, without limitation, advance payment, ACH, or non-credit card billing directly to EZL, by an affiliate of EZL, or by an unrelated third party.)

(c) EZL may require me to pay any collection costs and attorney's fees incurred by EZL. EZL also may remove my advertising from any Electronic Directory and cancel our referral program.

(d) Restrictive Covenants and Conditional Endorsements; Application of Payments The acceptance of any payment or instrument marked with any restrictive covenant or other limited or conditional endorsement will not be deemed a waiver of any of EZL's rights under this Application. EZL has the right to apply any payment received from Lender to and among all amounts owed by Lender, in EZL's sole discretion.

(e) Payment. If I am paying with a credit card, if there are any annual, monthly or similar periodic charges for any services that I accept, the charges for such advertising will be billed automatically to my credit card at the start of each such period. All charges for advertising to be paid by credit card will be billed to the credit card designated during the application process for such advertising (or any replacement card designated by Lender), provided that such credit card is acceptable to EZL. If I wish to designate a different credit card, or if there is a change in the availability or expiration date of the designated credit card, I must immediately notify EZL as provided in Section 24 or designate a different credit card through my online account at EzLoanLookUp.com. If I believe someone has accessed EZL's "Log In" section of EZL's EzLoanLookUp.com web site using my user name and password (or otherwise accessed my online account at EzLoanLookUp.com), I must call EZL at the telephone number posted in the "Contact Us" section of EZL's EzLoanLookUp.com web site. All advertising payments are non-refundable except as expressly set forth herein. All advertising payments are non-refundable except as expressly set forth in this Application. Lender, and not EZL, is responsible for paying any amounts billed to Lender's credit card by a third party that were not authorized by Lender. I represent and warrant that the credit card information that I submit to EZL is, and during the term of this Application will remain, valid and that Lender is authorized to use such credit card (provided that I may authorize EZL to impose such charges against a valid replacement credit card of mine, as to which card this same representation and warranty will apply). In the event that credit card charges are denied for any reason, I agree to pay such charges, together with interest and other applicable charges as provided in this Application, directly to EZL, and EZL may suspend the service and/or terminate this Application (in whole or in part).

(f) Co-op Funding. I acknowledge that I am responsible for obtaining any available co-op funding that may be available to me and that I am responsible for the entire amount billed to me even if co-op funding is not received by EZL.

SECTION 4 - ADVERTISING CONTENT
(a) Advertising Copy "Advertising Copy" means all Lender Copy (hereinafter defined) and other content that I provide to EZL or that is otherwise included in my advertising or on-line business profile (advertiser web page), including without limitation content that I authorize or request EZL to include, or that is submitted by me.

(b) Right to Use Lender Copy. I represent and warrant that I have the absolute and unrestricted right and authority to use, publish, reproduce, distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works from any and all content, including all text, graphics, illustrations, symbols, logos, names, addresses, trade names, trademarks, service marks, pictures, photographs or other likenesses of persons (including minor persons), and endorsements provided by me or by a third party on my behalf ("Lender Copy") in any medium and in (or in connection with) any listing or advertisement published under this Application in the way it is used in any such listing or advertisement (or in connection with such listing or advertisement) without the consent or authorization of any other person or entity. I also represent and warrant that (i) I have the right to provide the Lender Copy to EZL and the right and authority to grant EZL the additional rights afforded by these terms and conditions (including without limitation Sections 4(f), 17 and 38 below) without the consent or authorization of any other person or entity; and (ii) the exercise of any such rights, licenses, or authorizations by EZL or its sub-licensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. If my right and authority to use any Lender Copy, or any portion of any Lender Copy, changes or any proceedings contesting that right and authority are initiated, I will notify EZL promptly in writing. I agree that I am solely responsible for the enforcement and protection of any of my intellectual property included in (or in connection with) my advertising / advertiser web page.

(c) Lender's Representations. I represent and warrant that (i) the statements contained in the any materials presented to EZL are truthful and not misleading; (ii) I am authorized to provide the services and products advertised; (iii) complies with all applicable laws and regulations; (iv) I have all of the applicable licenses and permits required to provide the goods and services in the States I serve, and (v) I will notify EZL immediately if I become aware of any facts or circumstances indicating that any of my representations in this Section are, or become, untrue.

(d) EZL's Rights in Advertising Copy. If EZL creates or supplies any Advertising Copy for me, I agree that: (i) EZL retains all rights in and/or ownership of any such Advertising Copy and I will not have any right therein except as expressly set forth in this Application; (ii) I have no right to use advertising developed with content created or supplied by EZL except in connection with this Application; and (iv) I will not have the right to allow others to use such advertising or any such content. I waive any and all rights of attribution and integrity and other statutory and common law rights of every kind relating to any Advertising Copy.

(e) Appearance. I acknowledge that my published advertising may be of a lower quality or otherwise differ from the original Lender Copy or from copy layout sheets supplied by EZL in clarity, color, contrast, focus, size and other features. EZL has advised me against the use of Lender Copy that is unclear, low contrast or otherwise substandard, and I release EZL from any liability for advertising of inferior quality produced from substandard Lender Copy. I acknowledge that the size, color, font, highlighting and arrangement of enhanced listing items in Electronic Advertising may be adjusted from that appearing in any sales collateral or copy sheet and from web page to web page, and that the associated listing's enhancements may be omitted (e.g., the listing may appear as a basic listing) as a result of a distribution affiliate's or user's applicable hardware, software or system limitations or browser settings or the manner in which the listing is transferred to any third party prior to its display to the user.

(f) Multi-Media Distribution. I grant EZL and its Affiliates the absolute, non-exclusive, irrevocable, royalty-free, worldwide, unrestricted right, license and authority to: (i) use, store, reproduce, publish, publicly perform, display, distribute, manipulate, modify, and prepare derivative works based upon any Advertising Copy, and any changes thereto that I or authorized representatives or other agents provide to EZL, or that EZL or its agents may otherwise develop or use under this Application, in whole or in part, in such manner, format, and media (including without limitation, microfiche, CD-ROM, print and Internet-based information services owned or operated by EZL, or which are otherwise powered by any such information service and electronic web sites and applications owned and operated by third parties, and during the term of this Application and for as long as any such materials remain in circulation) as EZL may deem appropriate and for such purposes as it may see fit (including, without limitation, to provide optimization services in an effort to improve the value of my Electronic Advertising), subject to applicable law, which right, license and authority will be perpetual as to any business name, address, phone number and other basic listing information included in any Advertising Copy; and (ii) grant third parties the right, sublicense and authority to exercise all or any portion of the rights afforded EZL under this Section 4 and under Sections 17 and 38, subject to such terms and conditions as EZL may deem appropriate, and to grant such third parties the right and authority to grant other third parties the right, sublicense and authority to exercise all or any portion of the rights afforded EZL under this Section 4 and in Sections 17 and 38, subject to such terms and conditions as such third party sublicensor and/or EZL may deem appropriate. EZL, its sublicensees, and their sublicensees may use any means of communications or transmission in their exercise of any of the rights and licenses granted above, without limitation. Lender acknowledges and agrees that EZL and its Third Party Distribution Contractors (defined in Section 6 below) may utilize search algorithms (and/or other methods) to map end user search terms to categories and keywords selected by me, and that the search terms in response to which my Electronic Advertising may appear on the Electronic Directory or Additional Applications (defined in Section 26 below)

SECTION 5 - LOCATION OF ADVERTISEMENTS AND CATEGORIES
Intentionally left blank

SECTION 6 - LIMITATION OF LIABILITY
I understand that, except for my obligations to pay expenses and damages under Section 10: (1) the total amount of damages that EZL may recover from me related to this Application will not exceed the sum of the charges owed for the outstanding referral fees, plus late charges and other costs payable under Section 3; will apply to any claim that I may have against any of the Indemnified Parties. Because some jurisdictions do not allow the exclusion or limitation of liability damages, the limitation of liability may not apply. EzLoanLookUp "Third Party Distribution Contractors" means third parties for whom EZL provides a co-branded or private-label directory or through whom EZL otherwise provides its directory services. The claims covered by this limitation of liability include, but are not limited to: any claims based on contract violations, torts (such as negligence or strict liability) or any other legal or equitable ground; any claims for lost business revenues, profits or the cost of other forms of advertising; any claims based on any error or omission in my advertising; and any claims based on inaccessibility, interruptions, delays, defects, deletion of files or email, viruses or any failure of performance of EZL. In no event will any Indemnified Party be required to correct, or to give any special notice regarding, any error or omission in any Advertiser Web Page.

SECTION 7 – INTENTIONALLY OMITTED. 

SECTION 8 - LITIGATION; ARBITRATION
In any legal proceeding relating to this Application, including an action in court and an arbitration, EZL and I agree to waive any right we may have to participate in any class, group, or representative actions and further agree to waive any right we may have to a trial by jury. EZL may bring an action in court to collect amounts due under Section 3 (Payment for Advertising), and I may bring an action in court to recover amounts I have paid under this Application. All other disputes between myself and EZL and/or any of EZL's officers, directors, employees or Affiliates that cannot be settled by amicable agreement concerning or arising from or in connection with (i) this Application, (ii) the construction, performance or breach of these terms and conditions and any modifications thereof, (iii) any transactions between myself and EZL, including but not limited to any accounts I maintain with EZL, any advertising that EZL publishes or does not publish for me, and any statements that I or EZL make to one another in connection with our transactions, or (iv) any issues as to whether a dispute is to be arbitrated between us, whether such disputes arose prior to, on, or subsequent to the Date of the Application, will be referred by the aggrieved party to arbitration under the rules of the American Arbitration Association, and such party will give written notice of arbitration to the other. Notice to EZL must be mailed to Ez Loan Look Up, Inc., Att: Notices, 4435 North Harlem Avenue, Norridge, IL 60706 or faxed to (888) 329-2009 before expiration of the periods referenced above. I understand that I may obtain arbitration rules and fee information from the American Arbitration Association (www.adr.org). EZL and I acknowledge that Lender's use of EZL's services evidences a transaction in interstate commerce and that the United States Arbitration Act and federal arbitration law will govern the interpretation, enforcement, and proceedings pursuant to this Section 8. EZL and I also agree that the arbitrator may not award multiple or punitive damages, except as may be required by law. If the law prohibits a claim from being arbitrated, EZL and Lender agree to arbitrate any related claims before proceeding in court. If our agreement as set forth in this Section 8, to waive any rights we may have to participate in a class, group or representative action is deemed unenforceable, then EZL and I agree that any claim seeking relief on a class, group, or representative basis will be filed and tried in a court of competent jurisdiction and will not be subject to arbitration. If it becomes necessary for one party to commence any arbitration, litigation, or collection action against the other, the prevailing party in such action will be entitled to recover all costs, including reasonable attorneys' fees, expert witness fees and in-house counsel costs associated with the action. I must commence any arbitration or litigation against any of the Indemnified Parties within two years after the last day of the month in which the referral to which my claim relates was published.

SECTION 9 - INTENTIONALLY OMITTED. 

SECTION 10  INTENTIONALLY OMITTED. 

SECTION 11 - NO APPROVAL OR ENDORSEMENT BY EZL
I understand that EZL does not approve or endorse (a) any product or service offered by us and any of the products that we sell including other advertising it publishes; or (b) any user review of such products or services. I will not make any representation that EZL does approve or endorse any product or service. I also understand that EZL may publish advertising (including limited inventory advertising) of any other Lender in any Web Page at any time, including without limitation under any category or at any place, position, rank or location within any Web Page.

SECTION 12 - EZL'S COPYRIGHT IN DIRECTORY
I agree that EZL owns the copyright in each Advertiser Web page and all copyrighted portions of each Electronic Directory.

SECTION 13 - SUCCESSORS; ASSIGNMENT
This Application will be binding on and inure to the benefit of me and my successors. EZL may assign this Application. I may not assign any of my rights or delegate any of my duties under this Application without prior written consent of EZL.

SECTION 14 - WAIVER OF RIGHTS
Except as otherwise set forth in this Application (including the provisions of Section 7), neither Lender nor EZL will lose any of its rights under this Application even if it does not enforce a right or delays in enforcing a right.

SECTION 15 - DISCOUNTS AND PROMOTIONS
EZL may create, revise or cancel a discount or promotional offering at any time.

SECTION 16 - INTENTIONALLY OMITTED.

SECTION 17 - LINKS
If my advertiser web page contains links, I hereby: (a) grant to EZL and its sublicensees a royalty-free unrestricted right and license to establish such links and to link users of my advertising to the website(s) designated in my advertising and to cause the link(s) to open new browser window(s) and publish the website(s) designated by such link(s) within such window within my advertising; and (b) represent and warrant that (i) I have the right and authority to grant the foregoing right and license and that the foregoing does not infringe on any copyright or any other right of any other person, and (ii) all copy and content of all websites to which my advertising links complies in all respects with all applicable laws and regulations.

SECTION 18 - INTENTIONALLY OMITTED. 

SECTION 19 - GOVERNING LAW
Lender and EZL agree that this Application and all disputes relating to this Application will be governed by and interpreted according to the laws of the State of Illinois as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. Venue as to any action or proceeding initiated by either party will be proper in Cook County, Illinois.

SECTION 20 - GENERAL DISCLAIMERS
- EZL disclaims any obligations and warranties, whether express or implied, that are not expressly set forth in this Application, including without limitation:
- EZL does not warrant that the advertising will be published without error or omission;
- EZL disclaims any warranty of merchantability or fitness for a particular purpose; and
- EZL does not warrant the number of responses or referrals to this program, any other business benefit or the suitability of my advertising for any business purpose.
- EZL may change the content, form or appearance of any Electronic Directory or web page at any time, including but not limited to removing, reducing or expanding residential or business listings or sections and introducing new products that may result in a change in the position of advertising in an Electronic Directory. EZL may also change the geographic area or areas covered by the listings in, or the distribution of, any Electronic Directory or web page. Certain jurisdictions do not allow the exclusion of implied warranties, so the exclusion of implied warranties may not apply to you.

SECTION 21 - INTENTIONALLY OMITTED. 

SECTION 22 - ENTIRE AGREEMENT; SEVERABILITY
This Application describes the entire agreement between EZL and Lender and supersedes any other oral or written agreements regarding the Referral Program listed on the cover section or Order Summary Page of this Application. Neither Lender nor any agent of EZL may amend these terms and conditions or add any provision to or delete any provision from this Application, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this Application is binding on EZL. Lender confirms that Lender has not relied upon any such representation in entering into this Application. If any provision of this Application is held by a court, regulatory agency, or arbitrator of competent jurisdiction to be unenforceable, the rest of this Application will remain in full force and effect and will not be affected.

SECTION 23 - AUTHORITY
The person clicking on the "I Accept" button hereby certifies that he or she is either Lender or that he or she has been lawfully authorized to submit this Application and authorize the placement of advertising on behalf of Lender.

SECTION 24 - MISCELLANEOUS
Any notice to EZL required or permitted to be given to EZL under this Application must be in writing and given to EZL at Ez Loan Look Up, Inc., 4435 North Harlem Avenue, Norridge, IL 60706 or faxed to (888) 329-2009 (or such other address specifically set forth in this Application). I understand that EZL may desire to contact me regarding my current referral program or offers of advertising, and I expressly consent to all such contacts, whether by live or recorded telephone message, United States mail or other mail, facsimile or email, addressed in accordance with the information I have provided on this Application or have otherwise provided to EZL. I expressly consent to any monitoring or recording of my telephone conversations with EZL or its agents.

SECTION 25 - LENDER COPY
Intentionally omitted

SECTION 26 - PUBLICATION
I understand that EZL cannot guarantee the number of people who will be referred to our company.

 
SECTION 27 - TERM
Subject to the provisions of Section 29 (Cancellation/Suspension) my referral program will continue on a month-to-month basis unless I cancel the referral program, or EZL cancels my referral program.

SECTION 28 - INTENTIONALLY OMITTED. 

SECTION 29 CANCELLATION / SUSPENSION
(a) If I wish to cancel my referral program, I must do so by giving written notice to EZL at Ez Loan Look Up, Inc., Att: Notices (Referral), 4435 North Harlem Avenue, Norridge, IL 60706 or faxed to (888) 329-2009

(b) INTENTIONALLY OMITTED. 

(c) In the event I cancel my referral program, I will remain liable for the payment of all