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CNWB / IDVSYSTEM
LOAN PROGRAM
CLIENT TERMS AND CONDITIONS
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NOTICE: An applicant to become a participant
in the IDVSYSTEM LOAN PROGRAM ("Client" must be at
least eighteen (18) years old age and submit proof upon request.
This AGREEMENT is effective immediately upon the
“Client’s” acceptance of the Terms and Conditions of the IDVSYSTEM
LOAN PROGRAM (hereinafter “IDV”) as set forth below. This AGREEMENT
is entered into by and between the applicant “Client” and Cyber
New World Business, Inc., a Delaware corporation having its
principal offices at 425 East Colorado Boulevard, Suite 600,
Glendale, California 91205 (hereinafter “CNWB”).
- FEES —
“Client” will be compensated for participation in “IDV” as
set forth below:
- “Client” will be paid $.05 for each unique
click (defined as a referred user of the “Client’s” website
who is sent to the “IDV” website and chooses to “click”
on the “IDV” apply button on said page).
- “Client” will be paid $2.00 for each user
it refers to “IDV” who subsequently completes an application
for the loan product offered by “IDV” and who is approved
for said loan.
- “Client” payment will be calculated twice
monthly on the 15th and 31st day of each calendar month
(or the last day of the month).
- “Client” payouts will be processed and
submitted to the “Client” for each pay period by the 7th
and 22nd day of each calendar month for the period prior.
- SERVICE DESCRIPTION — “CNWB” through
its proprietary IDVSYSTEM and subject to the Terms and Conditions
of this Agreement, will provide the following services to
the “Client”:
- “Client” will be provided access to “IDV”
for the purposes of submitting “Client” traffic to “IDV”
to participate in the IDVSYSTEM Loan Program.
- “Client” will be provided with HTML code
which the “Client” will utilize to forward its declined
sales traffic to “IDV”.
- “Client” will be provided with graphics
and/or artwork to be placed on the “Client’s” website(s)
which “IDV” has created and approved for use as part of
the advertisement and/or participation in the IDVSYSTEM
LOAN PROGRAM.
- “CNWB” will provide electronic and/or “hard
copy” reports to the “Client” that provide a summary of
the amount of traffic referred by the “Client” and financial
reports indicating the amount of fees due to the “Client”
for its participation in “IDV” up to the time of the creation
of said report.
- “Client’s” website(s) will be subject to
periodic review by “CNWB” with the purpose of determining
that aforementioned sites are in good working order.
- TERM AND TERMINATION —This Agreement
will become effective as of the date indicated above. Either
party may terminate this Agreement without prior notice at
any time and for any reason.
- Assignment — “Client” may not
assign or transfer this Agreement to any other party without
“CNWB’s” prior written approval. CNWB may assign this Agreement
and “CNWB’s” rights and obligations under it, in whole or
in part, to any company. “CNWB” will notify “Client” of any
such assignment. This Agreement will be binding upon, and
inure the benefit of, the parties and their respective successors
and assigns. “Client” agrees not to pledge, transfer or otherwise
impair any of “CNWB’s” rights under this Agreement.
- Changing This Agreement — “CNWB”
may change this Agreement at any time by giving “Client” written
notice at least thirty (30) days in advance of the change.
If “Client” does not accept a change to the Agreement, “Client”
must notify “CNWB” in writing that it does not accept the
within that thirty (30) day period.
- Indemnification — “Client” agrees
to indemnify and hold “CNWB” harmless along with “CNWB’s”
subsidiaries, affiliates and divisions, and each company’s
respective officers, directors and employees, for all costs,
damages, claims or complaints arising from “Client’s” wrongful
acts or omissions in connection with the services provided
to it, and from its failure to perform its duties and responsibilities,
under this Agreement. “CNWB” agrees to indemnify and hold
“Client” harmless, along with “Client’s” subsidiaries, affiliates
and divisions, and each company’s respective officers, directors
and employees, for all costs, damages, claims or complaints
arising from “CNWB’s” failure to perform its duties and responsibilities
under this Agreement. The terms of this Section 6 will survive
termination of this Agreement.
- Performance of Duties — Neither
party shall be liable for its failure to perform under this
Agreement if such failure arises out of causes beyond the
control and without the fault or negligence of such party.
Such causes may include, but are not limited to, acts of God,
fire, wars, terrorism, or strikes.
- Attorneys’ Fees — The prevailing
party shall be entitled to recover all costs and expenses
incurred, including reasonable attorneys’ fees, in any litigation
or other proceeding arising from or seeking to enforce the
terms of this Agreement.
- Captions — The captions used in
this Agreement are for convenience only and shall not be used
in interpreting, construing, performing or enforcing this
Agreement.
- Notices — Any notice or demand
required, permitted, or desired to be given under this Agreement
shall be delivered to the parties at the respective addresses
identified above, and shall be addressed to that party’s president
or chief executive officer. Any such notice shall be sent
by a nationally-recognized overnight courier, for next-day
delivery, in which case such notice will be deemed to have
been received one business day after deposit with that courier.
- Governing Law — This Agreement
shall be construed and enforced according to the laws of the
State of California. Any dispute arising out of, or relating
to, this Agreement shall be settled by binding arbitration,
conducted under rules and procedures established by the American
Arbitration Association, in Los Angeles County, California.
Judgment on the arbitration award may be entered in any court
having jurisdiction.
- Invalid Provisions — If any provision
of this Agreement is declared or determined, by any court
of competent jurisdiction, to be illegal or invalid, the validity
of the remaining parts, terms or provisions of this Agreement
shall not be affected thereby.
- Creation of Agency — Nothing
in this Agreement shall constitute or be construed to constitute
or tending to create an agency, partnership, joint venture,
master-servant or employer-employee relationship between “CNWB”
and “Client”, in any respect, any other provision of this
Agreement notwithstanding. This Agreement defines a Sales
relationship only.
- Entirety of Agreement — Each
party to this Agreement acknowledges that this Agreement constitutes
the entire Agreement of the parties with regard to the subject
matters addressed in this Agreement, that this Agreement supersedes
all prior or contemporaneous agreements, discussions, or representations,
whether oral or written, with respect to the subject matter
of this Agreement, and that this Agreement cannot be varied,
amended, changed, waived, or discharged except by a writing
signed by all parties hereto. Each party to this Agreement
further acknowledges that no promises, representations, inducements,
agreements, or warranties, other than those set forth herein,
have been made to induce the execution of this Agreement by
said party, and each party acknowledges that it has not executed
this Agreement in reliance on any promise, representation,
inducement, or warranty not contained herein.
- AFFIRMATION OF AGREEMENT — You hereby
acknowledge and affirm that you have read this entire agreement
and that your act of clicking on the I AGREE button below
constitutes your electronic signature and AGREEMENT to be
bound by all of these Terms and Conditions.
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