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AFFILIATE AGREEMENT
Agreement made on by and between Mortgage Saver (MS), a division of Autolink Payment
Services Inc. and Affiliate (Affiliate) It is the intent of MS to enter into a long-term
relationship with Affiliate for the purposes of providing a Bi-Weekly Payment Program to
leads generated based upon the efforts of Affiliate. MS is identified as a non-affiliated third
party to perform services and auto-debit functions. This agreement does not constitute a hiring
by either party and no employer-employee relationship shall be created.
DUTIES OF AFFILIATE
Affiliate shall have rights to market the Mortgage Saver brand by sharing a link from their
existing website, blog, Facebook page or otherwise identified form of communication to
their client base. This link may be provided in the form of a widget or page link or otherwise
method to share the Mortgage Saver Bi-Weekly Payment Calculator and information about
the Mortgage Saver Bi-Weekly Payment Program. Through this link a unique id shall be
created and provided by MS which identifies Affiliate. Any enrollments that are generated
from that link shall be deemed to have been initiated by Affiliate and Affiliate shall be
credited with compensation as identified in the Fee Agreement attached. Affiliate shall have
user ID and password to log into a secure gateway through the MS website that will identify
any clients who have enrolled in the program through the link created. It is not required that
the Affiliate contact the lead generated, although they may. It is not required that the Affiliate
provide any sales or marketing to the lead to generate an enrollment, although they may.
DUTIES OF THE THIRD PARTY ADMINISTRATOR:
Duties of Mortgage Saver will be to debit consumers mortgage payments via ACH, transmit
client's funds to their respective lender by and/or before the grace period. MS will then
provide service to borrower as directed by terms and conditions of enrollment form. MS also
guarantees that it is properly licensed and bonded, is in good standing with all regulatory
bodies, and has errors and omissions insurance and an exemplary track record with the
Federal Reserve and its business bank. MS shall maintain record of any leads generated
by Affiliate and compensate Affiliate based upon completed enrollment of the lead which
becomes a customer. Compensation is paid to Affiliate by MS upon received funds from
customer. Should customer funds be rejected for any reason including NSF or cancellation
the Affiliate shall not be paid.
ENROLLMENT FEE & COMPENSATION:
The suggested retail fee to the consumer is $395.00. Regardless of initial fee Affiliate shall
receive $50.00 upon completed enrollment. The completed enrollment is determined by
method that has chosen to enroll in the Mortgage Saver Bi-Weekly Payment Program. All
fees shall be paid by or as close to the 15th of the month based upon the completed enrollment,
fees paid in full, of the previous month.
All fees shall be sent via ACH directly to the designated bank account indicated by Affiliate.
Affiliate is responsible for providing bank information and maintaining account. If the money
credited to the account is rejected the Affiliate shall be responsible for any return or reject
fees as they may apply.
Customer has three options for enrolling in the Mortgage Saver Bi-Weekly Payment Program.
1. Pay Full fee in advance.
2. Divide full fee into the first three debits.
3. Pay the full fee through the extra funds generated by the extra one-half debit collected
approximately five or six months into the program.
NOTE:
Any ACH (electronic check) debits or credit card requests which are returned for Non-Sufficient Funds or rejected
or reversed shall be assessed a NSF fee of $25.00 per incident. In the event that your account balance with MS becomes
negative due to unpaid fees you agree to reimburse MS within 14 business days, and should you fail to do so and the account
is sent to collection agency for performance, you agree to pay all related collection costs and reasonable attorney fees
incurred by MS. All ACH transactions are protected by Federal Government Regulation E which indicates that a debit that is
unauthorized may be disputed and thereby reversed. In the event that you protest an ACH transaction that was authorized by
this agreement you will be liable for three (3) times this amount and may have to incur legal fees associated with a violation
of use for Regulation
EXPENSES:
MS will be responsible for all costs necessary to enroll and service a borrower. Affiliate will
be responsible for all costs related to marketing their own website or platform.
ADVERTISING:
All written materials and publications using the MS name must be approved by MS before
publication or circulation. All written materials and publications using the Affiliate's name,
which are intended for marketing must be approved by Affiliate.
WEBSITE INFORMATION:
MS is not responsible, nor liable for any information that Affiliate has posted on their
website, blog, Facebook Page or other material which may also contain a link, widget
or information about the Mortgage Saver Program. The affiliation of the Mortgage
Saver product, brand or identify is in no way affiliated with the content or material that
Affiliate is communicating. MS may object to being connected or linked to the Affiliate
material and may terminate Affiliate Agreement without notice.
CONFIDENTIALITY:
Except in the performance of this agreement neither MS, nor Affiliate shall disclose to any
person, institution, or company any information directly or indirectly related to contracts,
marketing concepts, marketing materials, prospects and compensation amounts or any
other information pertaining to this agreement. Affiliate agrees to hold harmless and defend
MS against any claims arising from disputes with clients or potential clients. Affiliate
acknowledges that in conducting business with MS they shall be made aware of certain
confidential information and/or trade secrets with respect to MS business.
NON-COMPETITION:
During this Agreement, Affiliate shall not directly or indirectly contract or market any other
mortgage reduction or Bi-Weekly Mortgage pre-payment
service. For a period of twelve months following the termination of this agreement Affiliate
shall not directly develop their own Bi-Weekly program.
TERMINATION:
Upon the occurrence of the following, MS may terminate this agreement immediately and
without prior notice of any kind.
a. any breach of this agreement by Affiliate
b. failure to comply with any applicable laws,
c. the filing of a petition under the relief of debtors,
d. conviction of Affiliate of any crime other than minor traffic offenses,
e. failure of Affiliate to adhere to MS operational procedures, as they currently exist and as
they may be amended from time to time,
f. Affiliate engaging in any activity competitive or intentionally injurious to MS, and
g. the commission of any fraud by Affiliate either against MS or any other person. Affiliate,
shall have the right to terminate agreement in the event that MS fails to conduct its business
in a manner commonly accepted by the regulatory bodies of NACHA, and general business
practices of the financial services industry. This agreement shall remain in force in perpetuity
unless said violations have occurred by either party and can not be resolved by both parties.
ENTIRE CONTRACT:
This Agreement constitutes the entire contract between the parties. There are no additional
agreements or understandings. This Agreement may be amended in writing by mutual
agreement of all parties involved. Any oral statements by any person shall not amend this
Agreement. This Agreement shall be binding upon and shall endure in perpetuity to the
benefit of the parties and their respective successors and assigns, provided, however that agent
may not assign his/her rights or interests herein without written consent of MS. Affiliate shall
not act as sub-agent for purposes of making other agents responsible for his/her duties to
procure sales, unless otherwise agreed between Affiliate and MS.
SEVERABILITY:
In the event that any paragraph, sub paragraph, or provision of this Agreement shall be
determined to be contrary to governing law, the unenforceable paragraph or provision
shall first be construed or interpreted, if possible, to render it enforceable, and if that is not
possible, then the provision shall be severed and disregarded, and the remainder of this
Agreement shall be enforced to the maximum extent permitted by law.
SIGNATURES:
This Agreement has been negotiated and entered into the State of California and shall be
governed by, construed and enforced in accordance with the law of the State of California.
California courts shall have sole and exclusive jurisdiction over any and all actions or
proceeding to enforce this agreement. In the event this agreement, for any reason, is to be
resolved in State or Federal court, the parties hereto each expressly waive any and all rights
they may have to a jury trial on any and all issues or actions or causes of action.
IN WITNESS WHEREOF,
without duress, the parties have executed this Agreement,
effective as of the date first written above.
Acceptance by checking the box on the signup page at the MS Website is deemed to be full
acceptance to all terms and conditions of this agreement.
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AFFILIATE RESELLER AGREEMENT
Agreement made on by and between Mortgage Saver (MS), a division of Autolink Payment
Services Inc. and Affiliate Reseller (Affiliate) It is the intent of MS to enter into a long-term
relationship with Affiliate for the purposes of providing a Bi-Weekly Payment Program to
leads generated based upon the efforts of Affiliate. MS is identified as a non-affiliated third
party to perform services and auto-debit functions. This agreement does not constitute a hiring
by either party and no employer-employee relationship shall be created.
Acceptance by checking the box on the signup page at the MS Website is deemed to be
full acceptance to all terms and conditions of this agreement.
DUTIES OF AFFILIATE
Affiliate shall have rights to market the Mortgage Saver brand by sharing a link from their
existing website, blog, Facebook page or otherwise identified form of communication to
their client base. This link may be provided in the form of a widget or page link or otherwise
method to share the Mortgage Saver Bi-Weekly Payment Calculator and information about
the Mortgage Saver Bi-Weekly Payment Program. Through this link a unique id shall be
created and provided by MS which identifies Affiliate. Any enrollments that are generated
from that link shall be deemed to have been initiated by Affiliate and Affiliate shall be
credited with compensation as identified in the Fee Agreement attached. Affiliate shall have
user ID and password to log into a secure gateway through the MS website that will identify
any clients who have enrolled in the program through the link created. Affiliate may market
the program directly to their client base in addition to using the links created from the website.
Affiliate shall deliver to MS completed enrollment forms according to guidelines currently in
place. Form shall include all relevant information necessary to enroll and service a client with
respect to the Bi-Weekly Payment Program. Affiliate also guarantees that they are properly
licensed, insured and bonded, and are in good standing with all regulatory bodies concerning
the financial industry.
DUTIES OF THE THIRD PARTY ADMINISTRATOR:
Duties of Mortgage Saver will be to debit consumers mortgage payments via ACH, transmit
client's funds to their respective lender by and/or before the grace period. MS will then
provide service to borrower as directed by terms and conditions of enrollment form. MS also
guarantees that it is properly licensed and bonded, is in good standing with all regulatory
bodies, and has errors and omissions insurance and an exemplary track record with the
Federal Reserve and its business bank. MS shall maintain record of any leads generated by
Affiliate and compensate Affiliate based upon completed enrollment. Compensation is paid
to Affiliate by MS upon received funds from customer. Should customer funds be rejected
for any reason including NSF or cancellation the Affiliate shall not be paid.
ENROLLMENT FEE & COMPENSATION:
The suggested retail fee to the consumer is $395.00. Partner is responsible for an enrollment
fee of $95.00 payable to MS. The broker may define the fee to the consumer. The fee may be
payable in the following ways:
* Affiliate submits consumer's enrollment application by U.S. Mail to MS with a check for
$95.00.
* Affiliate submits consumer's enrollment application by fax or online enrollment form and
with enrollment fee to be charged in full by ACH . MS shall remit anything above $95 on the
15th of every month for all enrollments paid in full the preceding calendar month.
* Affiliate faxes, mails or submits online the consumer's enrollment application and checks
the box indicating that the consumer will have their enrollment fee deducted from their first
three debits. MS will then arrange to split the enrollment fee into 3 parts and will then arrange
for said fee to be collected through the debits and will remit to Affiliate any amount received
over $95.00 when the full amount has been received in full. MS shall remit on the 15th of
every month for all enrollments paid in full the preceding calendar month.
* Affiliate faxes, mails or submits online the consumer's enrollment application and checks
the box indicating that the consumer will have their enrollment fee deducted from their
first extra debit which will be processed sometime during the first six months the customer
is enrolled in the program. In this case the enrollment fee is deferred and MS will remit
to Affiliate their share when the sum of 395.00 has been received in full. MS shall remit
commission on the 15th of every month for all enrollments paid in full the preceding calendar
month.
All fees shall be sent via ACH directly to the designated bank account indicated by Affiliate.
Affiliate is responsible for providing bank information and maintaining account. If the money
credited to the account is rejected the Affiliate shall be responsible for any return or reject
fees as they may apply.
NOTE: Any ACH (electronic check) debits or credit card requests which are returned for Non-Sufficient Funds or rejected
or reversed shall be assessed a NSF fee of $25.00 per incident. In the event that your account balance with MS becomes
negative due to unpaid fees you agree to reimburse MS within 14 business days, and should you fail to do so and the account
is sent to collection agency for performance, you agree to pay all related collection costs and reasonable attorney fees
incurred by MS. All ACH transactions are protected by Federal Government Regulation E which indicates that a debit that is
unauthorized may be disputed and thereby reversed. In the event that you protest an ACH transaction that was authorized by
this agreement you will be liable for three (3) times this amount and may have to incur legal fees associated with a violation
of use for Regulation
EXPENSES:
MS will be responsible for all costs necessary to enroll and service a borrower. Affiliate will
be responsible for all costs related to marketing their own website or platform.
ADVERTISING:
All written materials and publications using the MS name must be approved by MS before
publication or circulation. All written materials and publications using the Affiliate's name,
which are intended for marketing must be approved by Affiliate.
WEBSITE INFORMATION:
MS is not responsible, nor liable for any information that Affiliate has posted on their
website, blog, Facebook Page or other material which may also contain a link, widget
or information about the Mortgage Saver Program. The affiliation of the Mortgage
Saver product, brand or identify is in no way affiliated with the content or material that
Affiliate is communicating. MS may object to being connected or linked to the Affiliate
material and may terminate Affiliate Agreement without notice.
CONFIDENTIALITY:
Except in the performance of this agreement neither MS, nor Affiliate shall disclose to any
person, institution, or company any information directly or indirectly related to contracts,
marketing concepts, marketing materials, prospects and compensation amounts or any
other information pertaining to this agreement. Affiliate agrees to hold harmless and defend
MS against any claims arising from disputes with clients or potential clients. Affiliate
acknowledges that in conducting business with MS they shall be made aware of certain
confidential information and/or trade secrets with respect to MS business.
NON-COMPETITION:
During this Agreement, Affiliate shall not directly or indirectly contract or market any other
mortgage reduction or Bi-Weekly Mortgage pre-payment
service. For a period of twelve months following the termination of this agreement Affiliate
shall not directly develop their own Bi-Weekly program.
TERMINATION:
Upon the occurrence of the following, MS may terminate this agreement immediately and
without prior notice of any kind.
a. any breach of this agreement by Affiliate
b. failure to comply with any applicable laws,
c. the filing of a petition under the relief of debtors,
d. conviction of Affiliate of any crime other than minor traffic offenses,
e. failure of Affiliate to adhere to MS operational procedures, as they currently exist and as
they may be amended from time to time,
f. Affiliate engaging in any activity competitive or intentionally injurious to MS, and
g. the commission of any fraud by Affiliate either against MS or any other person. Affiliate,
shall have the right to terminate agreement in the event that MS fails to conduct its business
in a manner commonly accepted by the regulatory bodies of NACHA, and general business
practices of the financial services industry. This agreement shall remain in force in perpetuity
unless said violations have occurred by either party and can not be resolved by both parties.
ENTIRE CONTRACT:
This Agreement constitutes the entire contract between the parties. There are no additional
agreements or understandings. This Agreement may be amended in writing by mutual
agreement of all parties involved. Any oral statements by any person shall not amend this
Agreement. This Agreement shall be binding upon and shall endure in perpetuity to the
benefit of the parties and their respective successors and assigns, provided, however that agent
may not assign his/her rights or interests herein without written consent of MS. Affiliate shall
not act as sub-agent for purposes of making other agents responsible for his/her duties to
procure sales, unless otherwise agreed between Affiliate and MS.
SEVERABILITY:
In the event that any paragraph, sub paragraph, or provision of this Agreement shall be
determined to be contrary to governing law, the unenforceable paragraph or provision
shall first be construed or interpreted, if possible, to render it enforceable, and if that is not
possible, then the provision shall be severed and disregarded, and the remainder of this
Agreement shall be enforced to the maximum extent permitted by law.
SIGNATURES:
This Agreement has been negotiated and entered into the State of California and shall be
governed by, construed and enforced in accordance with the law of the State of California.
California courts shall have sole and exclusive jurisdiction over any and all actions or
proceeding to enforce this agreement. In the event this agreement, for any reason, is to be
resolved in State or Federal court, the parties hereto each expressly waive any and all rights
they may have to a jury trial on any and all issues or actions or causes of action.
IN WITNESS WHEREOF, without duress, the parties have executed this Agreement,
effective as of the date first written above.
Acceptance by checking the box on the signup page at the MS Website is deemed to be
full acceptance to all terms and conditions of this agreement.