MARKETING AFFILIATE
AGREEMENT
This Agreement
is made this 1 st day of October 2008, (the “Effective
Date”), by and between Equidata, Inc., a corporation
organized under the laws of Virginia with its principal place of
business at 724 Thimble Shoals Boulevard Newport News, Virginia
23606 (“Equidata”), and National Credit Report.com, LLC
a Corporation organized under the laws of Florida, with its
principal place of business at 7700 N. Congress Ave, Suite 3113,
Boca Raton FL33487 (“Marketing Affiliate”).
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1.
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Equidata provides certain personal
credit, fraud detection, credit scoring services and credit
monitoring for consumers, the (“Services”).
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2.
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Marketing Affiliate and Equidata
wish to enter into an agreement under which Marketing Affiliate may
market the Services.
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3.
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Marketing Affiliate wishes to
market the Services indirectly through third party programs, direct
mail, Internet and both inbound and outbound telemarketing. In
addition, each may own and operate a web site utilizing direct
access to the Services through Internet links.
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Therefore, if
accepted all parties agree that the following shall constitute a
marketing agreement between the parties.
Permission. Subject to the terms and conditions of this
Agreement, Marketing Affiliate may display Marketing Materials at
its principal place(s) of business, or at the principal place(s) of
its third party partners, together with a link from the Marketing
Affiliate Web Site to Fquidata (and its partners) Web Site.
Marketing Materials may also be used in the marketing of potential
customers through direct mail and personal solicitation as well as
inbound and outbound telemarketing. Marketing Affiliate may not
otherwise offer for sale, market, sell or distribute the Services
of Equidata without express written permission.
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1.
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Compensation.
Marketing Affiliate
shall be responsible for collecting all amounts due directly from
the Consumer and shall bear sole responsibility for non-payment of
any fees charged to the Consumer. Marketing Affiliate shall pay to
Equidata, as compensation for its providing of Services under this
agreement, such amounts as outlined and detailed in Exhibit A
attached hereto. Such amounts shall be billed on a bi-monthly basis
by Equidata and are due and payable in full by Marketing Affiliate
30 days from the invoice date. The prices set forth in
Exhibit A do not include regulatory fees, sales tax, excise
tax or any other fees or taxes that may be charged by states or
local taxing authorities nor does it include additional fees or
surcharges, including specific area Affiliate charges that may be
accessed by the Credit Reporting Agencies (CRA’s). Said
amounts charged to Equidata will be billed separately to Marketing
Affiliate and are due immediately upon receipt. Marketing Affiliate
agrees to reimburse Equidata all costs of collecting any past due
amounts from Marketing Affiliate by reason of non payment,
including reasonable attorney fees and disbursements. Equidata
reserves the right to increase the base cost of Services. Notice
will be given to Marketing Affiliate in writing no less than
30 days prior to such increase taking affect. A development
fee, yet To Be Determined and outlined in Exhibit A, is due
upon a signed agreement of project scope.
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Marketing Affiliate agrees to pay
promptly and in full all charges incurred through services rendered
when billed. When paying by credit card, the Marketing Affiliate
agrees to pay for all items that are revoked or disputed by the
credit card company or the card holder along with any charges or
fees charged by the credit card company including fees associated
with processing the credit card transaction and that the Marketing
Affiliate will be billed for those items in accordance with
Equidata standard practices. Marketing Affiliate and the
undersigned principal, partner or owner further agree that this
Agreement will serve as a personal guaranty by the undersigned
principal, partner or owner of the company, and the undersigned
principal, partner or owner will become responsible for any unpaid
balance past due on any invoice. The Marketing Affiliate agrees to
pay a late charge of 1 l /2% per month on the unpaid,
past-due amount as well as a returned check fee of not less than
$35.00 per retur
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