DEFINITIONS

As used in this Agreement, the following definitions will apply:

"Agreement" shall mean these Terms and Conditions (including any terms incorporated by hyperlink).  Client", "I", "you" or "your" shall mean the person or persons using, or subscribing to this website.  "We", "us", "the company" or "our", shall mean CreditCardzNetwork.com and its owners.  "Site" shall mean a World Wide Web Site, and depending on the context, refers to the back office administration web site, the sponsor's web site, or the affiliate's web site.

NOTIFICATION

These Terms and Conditions serve as your purchase agreement and are notification of such.

TERM OF THE AGREEMENT

The period during which this Agreement will be in effect begins upon your purchase of subscription, or success kit and will end when terminated by either party. Either party may terminate the Agreement at any time, with or without cause, by giving the other party 7 (seven) days written notice of termination. Either party may terminate the Agreement immediately, without notice, if the other party breaches any material term of the Agreement and the breach is not corrected within 10 (ten) days of written notification. Upon the termination of this Agreement, you must immediately cease use of our site and any other materials provided to you in connection with this Agreement, including any trademarks, trade dress and logos.

MONTHLY FEES:

Monthly fees for access to this website will be automatically debited to the payment method that you used to initially purchase, or other payment method of your choice. The first monthly fee is due at the end of the trial period noted in the activation email, and thereafter, every month on that day. Access is contracted on a month-to-month basis and cancelable at any time seven days prior to the payment date by providing written notice as outlined below.

LIMITATION OF LIABILITY

In no event shall we be responsible for incidental or consequential damages arising by reason of your purchase of merchandise or services from us. Our maximum aggregate liability to you arising by reason of this transaction shall be the amount paid by you for the physical materials.

INDEMNITY

You agree to defend, indemnify and hold harmless us and our directors, officers, agents, and employees for any and all costs, fines, claims, damages, charges, or fees (including reasonable attorney's and expert witnesses' fees) arising by reason of your purchase or use of the web site or arising from: Any breach of this agreement. Any claims arising from the sale or license of goods or services promoted or made available through the program except where limited by law. Our indemnity rights shall not be limited or offset by any contributory negligence by us.

SYSTEM LIABILITY

Our service is made available to you "AS IS" and "AS AVAILABLE," and we make no warranty as to its use or performance.

 ELECTRONIC RECORDS

I agree to the use of electronic records to evidence this agreement. I understand that I have the right to not consent to the use of electronic records by not transacting business with the company. In such event, this will be null and void. My consent applies only to this transaction. I hereby waive any objection I may have to the companies use of electronic records in court should it be necessary to enforce the terms of this agreement.

TRADEMARKS & REGISTERED TRADEMARKS

All logos and advertisements are or may be registered trademarks of their respective owners.  No relationship of any kind, expressed or implied may exist between the Company and the owners of said trademarks.

CONSENT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION

By execution of this Agreement you hereby consent and agree that any and all disputes that arise concerning this Agreement or any of the terms of this Agreement, or that concern any aspect of the relationship between Client and Company, shall be decided exclusively in binding arbitration conducted by the American Arbitration Association ('AAA'). Client and Company further consent and agree that Client may file their complaint with the AAA in their state, but that all AAA arbitration hearings shall be conducted in Huntington Beach, California, where Company is headquartered and located, before a single AAA arbitrator. The arbitrator shall be appointed in accordance with the Section R-13, Appointment from Panel, of AAA's Commercial Arbitration rules. Client and Company consent and agree that the AAA arbitrator shall exclusively apply CALIFORNIA law to the dispute, regardless of and without giving any consideration to choice of law principles. Client and Company further consent and agree that each party will bear his/her/it's own cost and attorneys' fees incurred in connection with the AAA arbitration proceedings, and agree that the AAA arbitrator shall have no power or discretion to make any award of costs or attorneys' fees. However, in the event that Client or Company files any court proceedings in violation of the contractually agreed upon arbitration requirement, the party who is required to appear in any court proceedings to defend against such proceeding shall be entitled to an immediate stay and dismissal of such court proceedings, and shall be entitled to an award of all reasonable attorneys' fees and costs incurred in connection with such court proceedings. The final decision of the arbitrator shall be furnished in writing and shall constitute a conclusive determination of the issue(s) in question, binding upon the Client and Company, and shall not be contested by either of them except as permitted by applicable law. Such decision may be used in a court of law only for the purpose of seeking enforcement of the arbitrators' award.

MODIFICATION

We retain the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting notice of change or a new agreement on our site. If at any time you deem the modification to be unacceptable to you, termination of this agreement is your only recourse. Your continuing affiliation with this site following a modification of the agreement on our site will constitute binding acceptance of the modification. You further agree that we may at any time solicit customer referrals on terms that may differ from those contained in this agreement and from customers that offer similar or compete with your website.

WAIVER

No failure to enforce any provision, assert any right or insist on performance of any provision under this Agreement in any instance shall be deemed a waiver of the ability to enforce such provision, assert such right, or insist on the performance of such obligations in the future. Our failure to enforce your strict performance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

CREDIT CARD INFORMATION

To the extent that credit card-specific information is collected at the Website and any of our affiliates and/or subsidiaries, said information will be kept in confidence and will not be shared with any third parties (other than consumer credit agencies) without your prior informed consent. Notwithstanding the foregoing, the Company and our affiliates and/or subsidiaries reserve the right to share with third parties the fact that they have credit card information on file for specific users but they will not share specific credit card information with third parties without the user's prior informed consent.

SECURITY

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit to us. Once we receive your transmission, we will take reasonable efforts to ensure its security on our systems. Please keep in mind that whenever you voluntarily disclose personal information anywhere online - for example on message boards, through email, or in chat areas - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining your personal information. If you voluntarily disclose it other than in accordance with our policies, it will not be protected. Please be careful and responsible whenever you are online.

PARTICIPATION IN THE PROGRAM

Your participation in the Program is based on good faith, and that you understand you must represent the Merchant offers, as delivered to you, correctly. We may terminate your membership in the Program at any time if we determine (in our sole discretion) that you are in breach of the terms and conditions, that your representation and sites where you are advertising, including search engine advertising are unsuitable for the Program. Unsuitable sites or unsuitable search engine advertising include those that:

- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Violate intellectual property rights

If we terminate your membership in the Program for any reason, you are welcome to reapply to the Program at any time or contest the termination. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this agreement.

TERMINATION

This Agreement shall be effective upon the date on which CreditCardzNetwork.com provides you with access to your Site and Admin Area. This Agreement may be terminated as follows: (1) by you, at any time and for any reason, (2) by CreditCardzNetwork.com, at any time and for any reason, by providing you with ten (12) days advance notice; or (3) by CreditCardzNetwork.com immediately upon notice to you in the event of any breach by you of the terms of this Agreement. Upon any termination of this Agreement your access to the Admin Area will terminate, and Internet access to your site will be unavailable. In the event of a breach, CreditCardzNetwork.com may invalidate any leads generated from your site.

SPAM POLICY

Sending any email on any subject to anyone or any organization that has not requested this information, without specifically requesting it directly or by giving his or her permission for you to send them information, is strictly prohibited. We do not tolerate CreditCardzNetwork.com members sending junk email. Due to the nature of our service, you may be tempted to seek to profit by sending mass emails and or bulk emails. Please be advised and unequivocally understand: You may not send unsolicited email. Emails are much more effective when sent to groups in an email newsletter or other participating in a group program. Sending junk email advertising of any kind from our website(s) is cause for immediate and permanent termination of your account, including any and all affiliate commissions, where applicable.

We accept and log spamming complaints at our corporate office. The accumulation of 1 or more complaints to any single email account is grounds for termination. If you violate this policy and it causes damage or loss to our servers, or causes one (or more) of our web sites to be interrupted from normal service, you will be held liable for actual damages and/or any indirect, incidental, special or consequential damages, such as loss of business.

LIMITED LICENSE

We grant you a nonexclusive, revocable license to use the text or images that we provided to you, which are relevant to your participation in the Program. The limited license is given solely for the purpose of promoting your Merchant of choice in order to assist in generating commissions. You may not modify the graphic image or text provided, or any other of our images, in any way. We reserve all of our rights in any and all graphic images and texts, any other images, our trade names and trademarks, and all other intellectual property rights that are expressly and/or impliedly granted in this paragraph. We may revoke your limited license at any time by giving you written notice by postal mail or written notice by email.

RESPONSIBILITY FOR YOUR MARKETING

You are solely responsible for the development, marketing, promotion, of any/all member Merchant sites and or offers. The success of your marketing efforts, as reflected in the number of sales and sign-ups for each Merchant you are promoting, may vary based on current marketing conditions. Any creative materials we provide for marketing and the Program in general carries no guaranteed, successful, or profitable results. For example, you will be solely responsible for:
The accuracy and appropriateness of materials posted or submitted by Member or Member sites (including, among other things, all product-related materials).
Ensuring that materials posted or submitted by Member or Member sites do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) or violate any city, county, state or federal law.
Ensuring that materials posted or submitted by Member or Member sites are not libelous or otherwise illegal.
Ensuring that Member sites accurately and adequately disclose, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, how third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, judgment, demands, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your marketing efforts.

AFFILIATE COMMISSION

Where applicable, affiliate commissions will be paid on a monthly basis. Within 30 days following the end of each month, affiliate commissions will be paid via PayPal.com. You must have a PayPal.com account. We can also pay by you by check if you prefer. However, if the affiliate commissions earned for any given month are less than $100, we will hold payment until the total amount due is at least $100, accumulating in your account, or if earlier, your participation in the Program is terminated. In calculating your affiliate commissions, we will deduct the corresponding affiliate commission if any Merchant transaction is returned for any reason. It is your sole responsibility to insure the correctness of your contact information. Commission payments will be sent via PayPal.com to the email address contained in your account. Or checks will be mailed to the contact information contained in your account. Although the affiliate program is not limited to the United States of America, all payments will be made in U.S. dollars. We are not responsible for lost commission payments due to outdated or incorrect information in your account, including your email address or mailing address. All tax liabilities incurred due to commission payments are your sole responsibility. CreditCardzNetwork.com will provide tax statements required by current tax code. Merchant pay out price to you and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or pay out price to you of any particular merchant offer.

OTHER

1. Member may not use his or her knowledge, or association with other Members to compete against CreditCardzNetwork.com. Also, Members may not enter into an agreement with any company that is connected to, associated with or doing business as an Affiliate Network. However, Members may partner with companies for the purpose of marketing Merchant offers from the CreditCardzNetwork.com website within the Member area. This would include, but not be limited to, Search Engines, Online Auction sites, traffic promotion sites, etc.

2. Member agrees that he or she is an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of CreditCardzNetwork.com. Member further agrees not to incur any debt, expense, and obligation on behalf of, for, or in the name of CreditCardzNetwork.com.

3. Applications for Member status are subject to approval by CreditCardzNetwork.com.

4. Member must be of legal age in his/her state.

5. Members will be issued “Affiliate Links", or unique URLs, which allows CreditCardzNetwork.com to identify visitors from materials posted or submitted by Member or Member sites as originating from Member. These visitors are tracked with these unique URLs and sales are recorded with the appropriate Member ID. To receive commissions, Member must use the provided Affiliate Links. The URLs may be in various forms such as a banner, image, or text link.

6. Member is solely responsible for insuring that his or her Affiliate Link is set up properly to qualify for commissions. CreditCardzNetwork.com is not responsible for Affiliate Links and Offers that have expired, or that are no longer working. Member is solely responsible to ensure that they monitor the Offers and no longer promote expired Offers.

7. CreditCardzNetwork.com is not responsible for acts by third parties, or other events outside our reasonable control, which may temporarily disrupt or diminish Member’s service.

8. Member shall follow CreditCardzNetwork.com advertising guidelines and agrees not to misrepresent Merchant’s products or services or CreditCardzNetwork.com’s products or services.

9. CreditCardzNetwork.com shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to these terms and conditions or the Program, even if CreditCardzNetwork.com has been advised of the possibility of such damages. CreditCardzNetwork.com aggregate liability arising under or with respect to these Terms and Conditions and/or the Program shall in no event exceed the total commissions paid or payable by CreditCardzNetwork.com under this agreement.

10. CreditCardzNetwork.com makes no warranties, expressed or implied, with regard to the Program except as outlined in the Terms and Conditions.

11. In the event that a provision in these Terms and Conditions is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of these Terms and Conditions will remain in full force and effect.

PRODUCTS

You will not be able to change or modify the content, images or information relating to Products provided by CreditCardzNetwork.com.

SITE PROMOTION

Each Siteowner shall have sole responsibility for all marketing, advertising and promotion of your site, and you, and not CreditCardzNetwork.com shall pay any and all marketing, promotional or advertising expenses or costs You incur in connection with such activities. CreditCardzNetwork.com strictly prohibits any tele-sales marketing and any advertising and promotions that results in You manually typing in applications on behalf of your clients. In the event that we determine your leads to have been generated via in-bound or out-bound tele-sales efforts, CreditCardzNetwork.com can invalidate all leads from the transaction reports and terminate your account.

You are strictly prohibited from doing any marketing of your website thru in-bound or out-bound telemarketing efforts.

All applications must be completed by the user who wishes to apply. You may not manually complete ANY portion of the applications on behalf of another person.

We do not allow SPAM or any unauthorized or illegal marketing efforts.

PAY-PER-CLICK (i.e. Google AdWords, Yahoo, MSN, etc.) ADVERTISING COMPLIANCE

American Express Search Engine Marketing Policy

CreditCardzNetowrk.com request that as a partner of American Express you abide by our terms and conditions and ask that you do not bid on American Express trademark names or renditions thereof. We police keyword bidding on the below terms daily, and in order to remain in compliance with our terms of service, we'd like to remind you of the following restrictions on keyword bidding. If you are found to be in violation of the American Express terms we will be forced to remove you from the program.

Please do not use any of American Express trademark names or renditions thereof in any part of the Title, Heading, Description, or Display URL of your ad. American Express prohibits pay-per-click advertising on any American Express-related trademarked terms.

Affiliates may not bid on any phrases containing "American Express" or "Amex" such as:

American Express
Amex
American Express Card
American Express Credit Card
American Express Charge Cards
Amex Charge Cards
Blue from American Express
American Express One


Chase Brand Restricted Trademark Terms:

1) Add Chase as a negative Keyword to your Search strategy. To make words a negative in Google, you need to add the following to the various AdGroups you’re advertising on:

-Chase
-Chase Credit Card
-Chase Credit Cards
-JP Morgan Chase
-Chase Manhattan
-Chase Manhattan Bank


2) In addition, the following terms are prohibited from any sort of advertising:

Chase
Chase bank
www.chase.com
www.creditcardsatchase.com
www.chasecreditcard.com
chase.com
creditcardsatchase.com
chasecreditcard.com
chase credit card
chase credit cards
Chase Freedom
Freedom Card


Discover Restricted Trademark Terms:

Affiliates are prohibited from placing bids on any Discover Financial Services branded keywords within any PPC campaign. This restriction applies to all search engines, specifically Google, Yahoo and MSN.

In addition, affiliates are not permitted to use Discover Card's branded terms in the listing title or description when bidding within any PPC vertical. Affiliates will be expected to negative match the term "Discover Card" on all of their keyword buys.

Please reference the list below for keywords that are a brand or trademark of Discover Financial Services that CAN NOT be bid on and must be negative matched.

Discover
Discover Card
Discover Financial
Discovercard
Discovercard.com
Discover Credit Card
Discover Application
Discover Card Application
Discover Platinum
Discover Miles
Discover Gas
Discover Student
Discover Gas Card
Discover Miles Card
Discover Platinum Card
Discover Student Card
Cashback Bonus
Apply for Discover Card
Discover 2GO
Discover Brokerage
Discover Network
It Pays More to Discover Platinum
It Pays More to Discover
It Really Does Pay to Discover
Novus
There’s Always Something More to Discover
Tribute Award

In summary, bidding on American Express, Chase and Discover-related trademarked terms and phrases is strictly prohibited.

SITE OWNERSHIP

You acknowledge and agree that CreditCardzNetwork.com is and shall remain the owner of the Network, the Site, and any and all component parts thereof, including but not limited to any intellectual property rights therein. Except as otherwise expressly set forth in this Agreement, you agree not to copy, reverse engineer, disassemble, decompile, modify, or translate all or any part of the CreditCardzNetwork.com Web Site or the ecreditfunding.com Web Site, the Network, or the Site, provided that you may modify your Site as permitted through the use of the Admin area.

ENTIRE AGREEMENT

This agreement constitutes the entire understanding with regard to your purchase and affiliation with the sponsor, and us and supersedes all prior representations, oral or written. If any provision, paragraph, or subparagraph of this agreement is adjudged by any court of law to be void or unenforceable, in whole or in part, the rest of the agreement shall remain in effect. The parties agree that in such event, the offending clause will be replaced with a provision or provisions having the same economic effect. This agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns.

By ordering from CreditCardzNetwork.com or utilizing services of CreditCardzNetwork.com I hereby acknowledge that I have read the above terms and conditions, understand them, and agree to be legally bound by them.

Version: 06-28-07

CreditCardzNetwork.com