Affiliate Agreement
By signing up as an affiliate with Prepare My Documents, you agree to the following Terms of Service.
This agreement is by and between Prepare My Documents and/or their assigns and all affiliates. Unless the context requires otherwise, Prepare My Documents. and/or their assigns shall be referred to as “us, we, or our” and you shall be referred to as “you, your or affiliate.”
You understand that Prepare My Documents and/or their assigns does not guarantee or predict any type of profit or response from said program. Affiliate agrees to hold Prepare My Documents harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Prepare My Documents and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
Services to be provided.
You agree to pay Prepare My Documents certain commissions as described on our website for referral sales made by the customers that were assigned to you.
Termination:
We may terminate your account: (a) if you violate our Terms of Service Policy; (b) promote Prepare My Documents in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.
No Warranties.
WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE Prepare My Documents, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
TERMS:
You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us. If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances. YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.
Assignment
This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
Change of Terms and Conditions
We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
Notification of Account Changes.
You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
Notices:
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
General Provisions:
The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the affiliate, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.
Compliance with Applicable Laws:
We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that: (a) you are not located in a country subject to trade sanctions or economic embargoes under the laws of the United States of America (“US Sanctioned Countries”); (b) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are (i) listed on the list of Specially Designated Nationals and Blocked Persons published by the Office of Foreign Assets Control, U.S. Department of Treasury (“OFAC”) (available athttp://www.treasury.gov/resource-center/sanctions/SDN-List/Pages /default.aspx) (an “OFAC Listed Person”), (ii) an agent, department, or instrumentality of, or is otherwise beneficially owned by, controlled by or acting on behalf of, directly or indirectly, any OFAC Listed Person or US Sanctioned Country, or (iii) otherwise blocked, subject to sanctions under or engaged in any activity in violation of other U.S. economic sanctions; and (c) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are in violation of (i) any applicable anti-money laundering laws, including those contained in the Bank Secrecy Act; (ii) any applicable economic sanctions laws administered by OFAC of the U.S. Department of State; or (iii) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal.
Miscellaneous
You acknowledge that these Service Terms, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, constitute the entire agreement between you and us and govern your use of the Services. If any provision of the Service Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of the Service Terms will remain in force. Our failure to exercise or enforce any right or provision of the Service Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You may not assign the Service Terms or the rights hereunder without our prior written consent. We may assign the Service Terms and delegate certain responsibilities, obligations, and duties under or in connection with the Service Terms in our sole discretion.
Arbitration of Disputes::
By registering, each Buyer irrevocably agrees: (a) to waive all rights to trial in a court before a judge or jury on all claims between Prepare My Documentsand Buyer; (b) that all disputes and claims between Prepare My Documentsand Buyer will be determined exclusively by final and binding arbitration in Los Angeles County, California before one arbitrator; and (c) the arbitrator will not have the authority to consolidate the claims of other Buyers or site users and will not have the authority to fashion a proceeding as a class or collective action or to award relief to a group or class of Buyers in one arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Buyer and Prepare My Documentsshall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute between Buyer and Prepare My Documentsrelating to the interpretation, applicability, enforceability or formation of this agreement including, but not limited to any claim that all or any part of this agreement is void or voidable. Judgment on the award may be entered in any court having jurisdiction.
In any lawsuit or arbitration arising out of or related to these Website service Terms, the judge or arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the lawsuit or arbitration. If the judge or arbitrator determines a party to be a prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the judge or arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the lawsuit or arbitration.
Governing Law:
This Agreement shall be governed by, and construed under, the laws of the State of California, excluding its principles of conflicts of laws. The parties agree that the sole venue for any action related to this Agreement shall be in any federal or state court within the State of California, County of Los Angeles, and the parties irrevocably submit to the personal jurisdiction and venue of said court.
Our Programs:
Legal Affiliate – As a Legal Affiliate you will be able to have access to documents preparation, leads and referrals that are interested in your legal speciality that has been identified by the proprietary technology in our preparemydocuments.com platform. In consideration for receipt of the services from preparemydocuments.com, the Legal Affiliate agrees to pay preparemydocuments.com, its parent company, as follows:
TBD
Private Investor Affiliate:
As a Private Investor Affiliate you will be able to have access to consumer information that are looking for legal assistance of their transaction. The transactions could include the purchase of a Single Family Home, a Fix/Flip loan, a Rehab loan, a commercial bridge loan or any legal service associated with the legal field. In consideration for receipt of the such information from preparemydocuments.com, the Private Investor Affiliate agrees to pay preparemydocuments.com, its parent company, as follows:
TBD
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