Exhibit 10.4
foreclosure.com (TM)
By clicking on the "I Agree and Understand" button on the
Foreclosure.com
Revenue Share Program's On-Line INTERNET LINK AGREEMENT
Registration Form you
are telling us that all information in your Registration Form is
true and
correct and that you have read this Agreement, understand all terms
and
conditions, and agree to be legally bound by them.
"You" or "Your" means the applicant. "We" or "Our" or "Us"
means
Foreclosure.com. "Our site" means Foreclosure.com, and "your site"
means your
Web site or sites that you link to our site(s). "Program" means
the
Foreclosure.com Revenue Share Program, of which the purpose is to
generate
revenue for you by promoting products and or services featured on
our site(s).
CURRENT AND FUTURE SITE ACCEPTABILITY
We reserve the right to not accept any sites that have, in our sole
opinion, any
controversial or unacceptable content such as, but not limited to,
sites that
promote, contain or link to: violence or hatred; terrorist
activities of any
kind; criminal or illegal activities; sexually explicit material;
discrimination
based on race, color, sex, religion, nationality, disability,
sexual orientation
or age; libelous, defamatory, disparaging, obscene, offensive or
other content
that we deem inappropriate; material that infringes on trademark,
copyright or
patent rights of another party. You agree that such content is not
permitted,
now or in the future, and is cause for immediate termination of
this agreement
and forfeiture of any and all monies earned but not yet paid.
INDEPENDENT CONTRACTOR
You and we are independent contractors in this agreement. Either
party, and its
agents and employees, are not partners, agents, representatives,
joint venturers
or employees of the other party. You have no authority to make or
accept any
offer on our behalf. You will not do or say anything to contradict
this
independent contractor relationship.
OUR RESPONSIBILITIES
We agree to furnish you access to our site(s) through links
furnished by us. We
will provide you with all advertising banners, text or other
appropriate icons
to be linked to our site(s). You may use your own banners, icons or
methods of
delivering consumers to our site(s) only upon prior written
approval by us.
We will maintain our site(s) on our server(s). We retain the right
to make
changes to our site(s) as deemed necessary by us at our sole
discretion and
without any advance notice. We will provide accurate daily tracking
of all
traffic and or business generated for us by your assigned links to
our site(s).
We will provide you with monthly results of your traffic and or
business
generated.
YOUR RESPONSIBILITIES
You agree to display our links prominently on your site. You agree
to follow any
instructions or guidelines we provide for using links. You agree to
cooperate
fully with us to ensure that each link is maintained and used
according to our
requirements. At least once a month, you agree to check links to us
to ensure
that each link to us you use on your site is up-to-date and in the
proper
format. You agree to promptly substitute a link with any new link
we may provide
from time to time. You will not alter, modify or expand a link to
us in any way
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without our prior approval. You agree that, to the best of your
knowledge and
control, all applications submitted through your links will be
completed and
submitted by the same person whose name is on the application (we
can not accept
applications from a "third" party). You agree that, at our sole
discretion and
without advance notice, we may monitor your site at any time as
often as we wish
to determine if you are using links to us properly and to determine
if you are
complying with the terms of this Agreement. You will not use any of
our
trademarks, service marks and/or copyrights with respect to any
advertising
undertaken with your site. This includes but is not limited to
purchasing
keywords, inserting meta-tags, inserting graphics; or using urls.
in a means to
market your site which in any way contain the same or similar text
or references
as to our trademarks, service marks or copyrights.
Affiliates may not use the urls., trademarks, copyrighted materials
or unique
content from the www.foreclosure.com website for purposes of
advertising the
affiliate website, in purchasing/bidding for keywords; or
conducting any other
content based marketing or advertising for the affiliate website.
This includes
the use in meta-tags, or other embedded advertising or search
engine
optimization. Violation of this provision shall be cause for the
immediate
termination of any affiliate relationship and the cessation of any
payments due
under the affiliate agreement herein.
You agree to accept e-mail and other correspondence from us at the
email and or
mail address you provide us on your Registration Form. You agree to
keep us
advised and up to date on any and all changes that may be necessary
as to the
information contained on the Foreclosure.com Revenue Share Program
On-Line
INTERNET LINK AGREEMENT Registration Form. You agree that if you
advise us that
you no longer wish to receive e-mail from us then this agreement
will be
considered terminated.
You agree that unsolicited e-mail (spamming) the violation of the
"Can-Spam Act"
or any other federal, state or local law and/or other generally
unacceptable
forms of marketing and/or any marketing techniques, methods or
approaches that
are done directly or indirectly promoting our products and or
services and are
not pre-approved by us are not permitted. You agree that we are the
sole
authority to determine if any unapproved marketing you do for us
directly or
indirectly is "generally unacceptable" or is considered "spamming".
You agree
that you will not engage in any form of unauthorized, illegal or
impermissible
telemarketing or contact anyone on the FTC "Do not Call List" with
respect to
any activity concerning your site.
You agree that your failure to follow any and all terms of this
agreement allows
us, at our sole discretion, to immediately terminate this agreement
without
further payment of any kind.
WE WILL PAY YOU
Compensation which is earned and actually collected on accounts
originating from
transactions received through your links shall be paid monthly less
any costs or
fees of any kind including interchange fees, processing fees,
credit card fees,
ACH fees, charge-backs, reversals, returns, and any other item
which reduces or
otherwise changes the amount earned or received by us. We may at
our sole option
add, modify or terminate said compensation addendum based upon
available
programs costs or fees without further notice. You are responsible
to
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periodically check the compensation schedule posted for any changes
and the
terms of any affiliate arrangement. In the event that we must
refund to
customers any funds which form a portion of any revenue paid to you
for any
reason, such amount will be deducted from the f
