Eye On My Loan Affiliate Program
PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE OUT FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Breakthrough Tools, LLC (EyeOnMyLoan).
BY ADVERTISING EYEONMYLOAN YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE
TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE
FOR ALL TERMS AND CONDITIONS IN THIS AGREEMENT.
This Agreement contains the complete terms and conditions that apply to you becoming
an affiliate of EyeOnMyLoan Affiliate Program. The purpose of this Agreement is
to allow linking between your web site or advertisements and EyeOnMyLoan's web site.
Please note that throughout this Agreement, "we," "us," and "our" will mean EyeOnMyLoan,
and "you," "your," and "yours" will mean the affiliate.
2. Affiliate Obligations
2.1. We may reject your enrollment into our affiliate program at our sole
2.2. As a member of the EyeOnMyLoan Affiliate Program, you will have access
to the EyeOnMyLoan Affiliate Management Center. At this site you will be able to
access your account information and your unique EyeOnMyloan link. Any Graphics ("Links")
or HTML that we have made available for use in your web site ("Site") will always
be available and can be accessed from your own personal affiliate account page.
You are only allowed to link to those specific web pages that we designate in the
HTML code. Plus, in order for us to accurately keep track of guest visits from your
site to ours, you must use the HTML code that we provide.
2.3. You agree to fully cooperate with us in order to establish and maintain
any links between the EyeOnMyLoan site and your site. You also agree that those
graphic images that you display pertaining to EyeOnMyLoan, will be used for the
intended purpose of marketing EyeOnMyLoan.
2.4. The tools, products and creative assets (collectively, "Assets") that
are provided to You by Eye On My Loan provide valuable information vital to the
success of the Program, including information that helps make sure Transactions
generated by You are properly attributed to You for Payout calculations. Thus, each
of these Assets must be used in their intended manners. You agree that You will
not corrupt, modify or disable the tracking functionality provided to You related
to the Program.
2.5. You agree to renew your membership as an affiliate annually by agreeing
to the terms and conditions and by supplying an updated federal W9 form.
3. EyeOnMyLoan Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you
are following the terms and conditions of this Agreement and to notify you of any
changes to your site that we feel should be made or to make sure that your links
to our web site are appropriate and to notify you of any changes that we feel should
be made. If you do not make the changes to your site that we feel are necessary,
we reserve the right to terminate your participation in the EyeOnMyLoan Affiliate
3.2. EyeOnMyLoan reserves the right to terminate this Agreement and your
participation in the EyeOnMyLoan Affiliate Program immediately and without notice
to you should you commit fraud in your use of the EyeOnMyLoan Affiliate Program
or should you abuse this program in any way. If such fraud or abuse is detected,
the EyeOnMyLoan shall not be liable to you for any Referral Fees for such fraudulent
3.3. If EyeOnMyLoan determines, in its sole discretion, that You have purchased
or attempted to purchase "EyeOnMyLoan" or "Breakthrough Tools" keywords or domain
names, or one of the three cited examples above, (Section 9.2) then EyeOnMyLoan
may (without limiting any other remedies available to it) pursue any or all of the
Withhold all compensation otherwise payable to You beginning with the date on which
You purchased the prohibited trademarked terms;
Remove You from the EyeOnMyLoan affiliate Program permanently; and/or
Contact the search engine in which your ad was found to ask that these ads be removed
immediately and permanently.
3.4. EyeOnMyLoan reserves the right to modify prices, offers, programs and
commissions at any time as business directions dictate.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving
the other party written notice. Written notice can be in the form of mail, email
or fax. In addition, this Agreement will terminate immediately upon any breach of
this Agreement by you.
We may modify any of the terms and conditions in this Agreement, at any time in
our sole discretion. In such event you will be notified by email and a change notice
will be posted at your Affiliate Management Center. Modifications may include, but
are not limited to, changes in the payment procedures, and the EyeOnMyLoan Affiliate
Program rules. If any modification is unacceptable to you, your only option is to
end this Agreement. Your continued participation in the EyeOnMyLoan Affiliate Program
following the posting of the change notice or new Agreement on our site will indicate
your agreement to the changes.
6. Affiliate Commissions
6.1. For every new end user who enters the EyeOnMyLoan web site through your Links from
your Site or advertisement and purchases a subscription to EyeOnMyLoan (a "Qualified
Buyer"), EyeOnMyLoan will pay you a commission of 20% (twenty percent) of the subscription
(after processing fees), depending on whether the affiliate is deemed a " Monthly
Subscriber" or a "Yearly Subscriber". If the Qualified buyer continues to be an EyeOnMyLoan
subscriber you will continue to receive commissions for a period of ten years, as long as you
remain an Affiliate in good standing.
6.2.If the affiliate is a EyeOnMyLoan customer then the program costs will be taken
from commissions before they are paid.
Occasionally, a customer makes an error on his/her order and orders the wrong quantity
or wrong product. If a refund is made back to the customer, the commission is voided
You will receive your commission payment every quarter by EyeOnMyLoan, assuming
your commissions total is over $25.00. If not, that amount in your account will
be carried forward and you will be payed at the next payment period, once your account
9. Promotion Restrictions
You are welcome to promote your own web sites, but naturally any promotion that
mentions the EyeOnMyLoan web site, could be perceived by the public or the press
as a joint effort. You should know that certain forms of advertising are always
prohibited by EyeOnMyLoan.
9.1. Under no circumstances shall You send commercial electronic mail messages
as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the "Act"], with
respect to EyeOnMyLoan Program. For clarification, this does not prohibit You from
sending transactional or relationship messages as defined in the Act. EyeOnMyLoan
reserves the right to collect, withhold, or cancel any and all compensation related
to the content You send via commercial electronic mail messages.
9.2. Keywords, Pay Per Click advertising, and domain names involving Eye
On My Loan trademark "Eye On My Loan" and variations thereof. You shall not purchase
search engine keywords or domain names that use Eye On My Loan's trademark "Eye
On My Loan" and/or certain variations and mispellings thereof. You shall not purchase
or register keywords, Pay Per Click advertising, AdWords, search terms, domain names,
or other identifying terms that include the word "Eye On My Loan" or certain variations
and mispellings thereof for use in any search engine, portal, sponsored advertising
service or other search or referral service. Specifically, this policy prohibits
Bidding on Eye On My Loan's trademark or Breakthrough Tools, LLC trademark, "Eye
On My Loan" or "Breakthrough Tools, and any keyword string that includes these terms.
For example, "Eye On My Loan gadgets", "Eye On My Loan apparel", "Eye On My Loan
computing", "Eye On My Loan t-shirts", etc.; and
Bidding on variations of EyeOnMyLoan's or Breakthrough Tools trademark: for example
"Eye On My Loan", "EyeOnMyLoan.com", www.EyeOnMyLoan.com", "eoml", "Eye-On-My-Loan",
www.EyeOnMyLoan", "ww.EyeOnMyLoan.com", "e-o-m-l.com", "www,EyeOnMyLoan.com", "EyeOnMyLoan.eoml",
"wwwEyeOnMyLoan.com", "EyeOnMyLoan", etc.
Purchasing domain names based on EyeOnMyLoan's trademarks or variations of EyeOnMyLoan's
or Breakthrough Tools trademark: for example "ionmyloan.com", "eyesonmyloan.com",
"eyeonmyloans.com", "eoml.com", etc.
Purchasing Pay Per Click advertising containing EyeOnMyLoan's or Breakthrough Tools
trademarks or variations of EyeOnMyLoan's or Breakthrough Tools trademarks: for
example "ionmyloan.com", "eyesonmyloan.com", "eyeonmyloans.com", "eoml.com", etc
10. Grant of Licenses
10.1. We grant to you a non-exclusive, non-transferable, revocable right
to (i) access our site through HTML links solely in accordance with the terms of
this Agreement and (ii) solely in connection with such links, to use our logos,
trade names, trademarks, and similar identifying material (collectively, the "Licensed
Materials") that we provide to you for such purpose. You may not alter, modify or
change the Licensed Materials in any way. You are only entitled to use the Licensed
Materials to the extent that you are a member in good standing of the EyeOnMyLoan
Affiliate Program. All uses of Licensed Materials by you shall be subject to the
EyeOnMyLoan trademark usage guidelines as will be provided to you from time to time.
You agree that all uses of the Licensed Materials will be on behalf of EyeOnMyLoan
and the good will associated therewith will inure to the sole benefit of EyeOnMyLoan.
10.2. You grant to us a non-exclusive right to utilize your name, company name,
and/or domain name for promotional purposes.
EyeOnMyLoan MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING
THE EyeOnMyLoan SERVICE AND WEB SITE OR THE SERVICES PROVIDED THEREIN, ANY IMPLIED
WARRANTIES OF THE EyeOnMyLoan ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT
THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE
LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
12. Representations and Warranties: You represent and warrant that:
12.1. This Agreement has been duly and validly executed and delivered by
you and constitutes your legal, valid, and binding obligation, enforceable against
you in accordance with its terms;
12.2. You have the full right, power, and authority to enter into and be
bound by the terms and conditions of this Agreement and to perform your obligations
under this Agreement, without the approval or consent of any other party;
12.3. You have sufficient right, title, and interest in and to the rights
granted to us in this Agreement.
13. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT
UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS
OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN
NO EVENT SHALL THE EyeOnMyLoan CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED
TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT
OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU
UNDER THIS AGREEMENT.
You agree to indemnify and hold harmless EyeOnMyLoan and its employees, representatives,
agents and affiliates, against any and all claims, suits, actions, or other proceedings
brought against EyeOnMyLoan based on or arising from any claim (i) that our use
of any material provided by you infringes on any copyright, patent, trademark, trade
secret or any other intellectual property right of any third party, or (ii) resulting
from your breach of this Agreement or resulting from your breach of any third party
intellectual property right or misappropriation of any material, or resulting from
any of your defamatory, libelous act or resulting from your violation of any third
party right of publicity or privacy. You will pay any and all costs, damages, and
expenses, including, but not limited to, reasonable attorneys' fees and costs awarded
against or otherwise incurred by EyeOnMyLoan in connection with or arising from
any such claim, suit, action, or proceeding.
All confidential information, including, but not limited to, any business, technical,
financial, and customer information, disclosed by one party to the other during
negotiation or the effective term of this Agreement which is marked "Confidential",
will remain the sole property of the disclosing party, and each party will keep
in confidence and not use or disclose such proprietary information of the other
party without express written permission of the disclosing party.
16.1. You agree that you are an independent contractor, and nothing in this
Agreement will create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between you and EyeOnMyLoan. You will have no authority
to make or accept any offers or representations on our behalf. You will not make
any statement, whether on Your Site or any other of Your Site or otherwise, that
reasonably would contradict anything in this Section.
16.2. Neither party may assign its rights or obligations under this Agreement
to any party, except to a party who obtains all or substantially all of the business
or assets of a third party.
16.3. This Agreement shall be governed by and interpreted in accordance with
the laws of the province of Ontario without regard to the conflicts of laws and
16.4. You may not amend or waive any provision of this Agreement unless in
writing and signed by both parties.