DebtConsolidationCare
301 W. 11th Street Unit E, Reno, NV, 89503, United States
THIS AGREEMENT (the “Agreement”) is entered into effective as of today (the date of completing affiliate registration) with DebtConsolidationCare, a company with its principal place of business at 301 W. 11th Street Unit E, Reno, NV, 89503, United States, and Affiliate. DebtConsolidationCare and Affiliate are herein individually referred to as a Party and collectively referred to as the “Parties.”
DebtConsolidationCare provides information and knowledge on debt relief services to clients, including, but not limited to, debt consolidation, negotiation, and settlement management (the “Services”). DebtConsolidationCare markets its Services through its affiliate program, among other avenues.
Affiliate specializes in marketing and generating leads and/or calls from individual consumers who have expressed an interest in debt relief, debt settlement, tax resolution, and/or management solutions. These individuals are hereinafter referred to as “Consumers.”
Affiliate representatives shall be trained to market the Services to Consumers through inbound and outbound telephone calls.
NOW, THEREFORE, in consideration of the mutual covenants set forth, the Parties agree as follows:
The above recitals are true and incorporated herein by this reference.
2.1 Affiliate’s Duties: The affiliate shall market the Services to Consumers. Unless specifically provided or agreed upon in writing, each Party will bear its own costs and expenses incurred in fulfilling its responsibilities under this Agreement.
2.2 Affiliate shall adhere to all state and federal laws during its communications with Consumers regarding the Services.
2.3 DebtConsolidationCare will provide ongoing Consumer support for the Services, and all actions will comply with state and federal laws governing these Services.
Affiliate agrees not to: (1) make guarantees to Consumers, (2) instruct Consumers they will not face legal action or arbitration, (3) guarantee that all creditors will negotiate, (4) promise credit score improvements, or (5) assure Consumers that all creditor calls will cease.
Affiliate warrants that its employees and subcontractors will conform to the same standards as the Affiliate under this Agreement. All marketing of Services must adhere to DebtConsolidationCare's guidelines.
4.1 DebtConsolidationCare is responsible for the development, maintenance, and administration of its Services.
4.2 Affiliate bears all costs related to the marketing of the Services.
4.3 DebtConsolidationCare is solely responsible for billing and collecting fees related to its Services.
5.1 DebtConsolidationCare will pay Affiliate a marketing fee as outlined on its affiliate page (http://www.debtconsolidationcare.com/affiliates/).
5.2 An enrollment refers to a client who has successfully made their first payment into their escrow account or similar account without cancellation or refund by the monthly reconciliation date.
6.1 This Agreement is valid for 30 days from the execution date and will automatically renew unless terminated by either Party with at least seven (7) days’ written notice.
6.2 Immediate termination may occur if:
6.3 If terminated as per Section 6.1, DebtConsolidationCare will continue compensating Affiliate for previously acquired Consumers before termination.
7.1 Affiliate's Representations:
7.2 DebtConsolidationCare's Representations:
Both Parties agree to protect and maintain the confidentiality of proprietary information exchanged, including Consumer data. Information will be safeguarded following the Gramm-Leach-Bliley Act (GLBA) and other relevant regulations.
Affiliates must comply with all applicable telemarketing laws, including federal and state regulations such as the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule.
Affiliate agrees to indemnify DebtConsolidationCare against any claims or damages arising from Affiliate’s actions under this Agreement. DebtConsolidationCare has the right to defend any such claims at its own expense.
All communications between the Parties must be in writing and sent via certified mail or recognized courier service to the addresses mentioned at the beginning of this Agreement.
Affiliate will not use DebtConsolidationCare’s name or trademarks in advertising without prior written consent.
Affiliate will not distribute or disclose Consumer information without prior consent from DebtConsolidationCare.
The Parties are independent contractors, and this Agreement does not create a partnership or joint venture between them.
This Agreement shall be governed by the laws of Nevada, excluding its conflict of laws provisions.
In the event of litigation, the prevailing Party is entitled to reasonable attorneys' fees.
This Agreement constitutes the entire understanding between the Parties regarding the affiliate relationship and may only be modified through written notice by DebtConsolidationCare.
No waiver of any provision of this Agreement shall be deemed a waiver of any subsequent breach.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective, duly authorized representatives as of the effective date by completing affiliate registration.
