Referral Advertising Program Terms

EZ Loan Look Up, Inc. “Referral” Advertising Program Terms

The nature of our business relationship is for an EZL internet marketing program (web site, email, ect), to provide leads and companies of will make reasonable efforts to fund the loan based on the policies and procedures in place at that respective company.

EZL’s fees are based on funded loans and not on leads.

ON-LINE APPLICATION FOR ELECTRONIC ADVERTISING - TERMS AND CONDITIONS
Last Updated November 2008


PLEASE READ THE TERMS AND CONDITIONS BELOW. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU AGREE THAT THEY WILL GOVERN THE PARTIES' OBLIGATIONS REGARDING THE ADVERTISING AND OTHER ITEMS DESCRIBED IN YOUR ONLINE ORDER. YOU MAY PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS DOES NOT OBLIGATE EZ LOAN LOOK UP, INC.. ("EZL") TO PUBLISH ANY ADVERTISING. EZL MAY REJECT YOUR APPLICATION, IN WHOLE OR IN PART, FOR ANY REASON.

EZL MAY CHANGE THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING SUCH CHANGED TERMS AND CONDITIONS ON THIS WEBSITE, AND ALL SUCH CHANGES WILL BE EFFECTIVE AS OF THE BEGINNING OF THE FIRST MONTH OF MY REFERRAL PROGRAM FOLLOWING THE DATE THE CHANGED TERMS AND CONDITIONS ARE POSTED. THE CURRENT VERSION OF THESE TERMS AND CONDITIONS MAY BE VIEWED AT http://www.ezloanlookup.com/referral-program-terms-conditions.html


SECTION 1 - APPLICATION FOR REFERAL PROGRAM
By my submission of my online order and acceptance of these terms and conditions by clicking "I accept", I am requesting EZL to refer potential or past customers to our company. We agree to allow EZL to publish advertising ("Electronic Advertising") on our company in services published on various electronic media, including, without limitation, EZL's EzLoanLookUp.com® service ("Electronic Directory"). Electronic Advertising also includes websites and other electronic advertising items requested on the Order Summary Page of this Application whether or not linked to the Electronic Directory. The "Date of the Application" is the date I clicked to accept these terms and conditions and submitted my order in connection with these terms and conditions (or, if these events occurred on two different dates, the later of the two dates). The "Application" consists of my order together with these terms and conditions. "I" or "Lender" means the person who is the subject of the referral program described in this Application. I may be an individual, corporation or other entity or organization.

SECTION 2 - EZL NOT BOUND TO PUBLISH
I understand that this Application is not an agreement by EZL to publish my advertising and EZL may choose not to publish my advertising or advertiser web pages.


SECTION 3 - PAYMENT FOR REFERRAL
(a) I promise to pay EZL the rates posted on the "Order Summary Page" section describing the referral program for every referral that is converted into a loan. Until I cancel my service, or EZL cancels my service for any reason. If service is cancelled, all pending (Loan applicants that were referred prior to the cancellation) referrals that are converted into loans will be paid to EZL. Notwithstanding the foregoing, I acknowledge and agree that EZL may increase the rates for my referral program at any time by giving me 30 days advance written notice.


(b) Billing. Unless EZL agrees to or requires other billing arrangements, Referral fees will be automatically billed to the financial instrument that EZL has deemed acceptable and I designated during the application process. EZL, in its sole discretion, may agree to or require other billing arrangements (including, without limitation, advance payment, ACH, or non-credit card billing directly to EZL, by an affiliate of EZL, or by an unrelated third party.)

(c) Parties may require me to pay any collection costs and attorney's fees incurred by other party.

(d) Restrictive Covenants and Conditional Endorsements; Application of Payments The acceptance of any payment or instrument marked with any restrictive covenant or other limited or conditional endorsement will not be deemed a waiver of any of EZL's rights under this Application. EZL has the right to apply any payment received from Lender to and among all amounts owed by Lender, in EZL's sole discretion.

(e) Payment. If I am paying with a credit card, if there are any annual, monthly or similar periodic charges for any services that I accept, the charges for such advertising will be billed automatically to my credit card at the start of each such period. All charges for advertising to be paid by credit card will be billed to the credit card designated during the application process for such advertising (or any replacement card designated by Lender), provided that such credit card is acceptable to EZL. If I wish to designate a different credit card, or if there is a change in the availability or expiration date of the designated credit card, I must immediately notify EZL as provided in Section 24 or designate a different credit card through my online account at EzLoanLookUp.com. If I believe someone has accessed EZL's "Log In" section of EZL's EzLoanLookUp.com web site using my user name and password (or otherwise accessed my online account at EzLoanLookUp.com), I must call EZL at the telephone number posted in the "Contact Us" section of EZL's EzLoanLookUp.com web site. All advertising payments are non-refundable except as expressly set forth herein. All advertising payments are non-refundable except as expressly set forth in this Application. Lender, and not EZL, is responsible for paying any amounts billed to Lender's credit card by a third party that were not authorized by Lender. I represent and warrant that the credit card information that I submit to EZL is, and during the term of this Application will remain, valid and that Lender is authorized to use such credit card (provided that I may authorize EZL to impose such charges against a valid replacement credit card of mine, as to which card this same representation and warranty will apply). In the event that credit card charges are denied for any reason, I agree to pay such charges, together with interest and other applicable charges as provided in this Application, directly to EZL, and EZL may suspend the service and/or terminate this Application (in whole or in part).

(f) Co-op Funding. I acknowledge that I am responsible for obtaining any available co-op funding that may be available to me and that I am responsible for the entire amount billed to me even if co-op funding is not received by EZL.

SECTION 4 - ADVERTISING CONTENT
(a) Advertising Copy "Advertising Copy" means all Lender Copy (hereinafter defined) and other content that I provide to EZL or that is otherwise included in my advertising or on-line business profile (advertiser web page), including without limitation content that I authorize or request EZL to include, or that is submitted by me.


(b) Right to Use Lender Copy. I represent and warrant that I have the absolute and unrestricted right and authority to use, publish, reproduce, distribute, display publicly, promote, perform, resize, rearrange, modify and create derivative works from any and all content, including all text, graphics, illustrations, symbols, logos, names, addresses, trade names, trademarks, service marks, pictures, photographs or other likenesses of persons (including minor persons), and endorsements provided by me or by a third party on my behalf ("Lender Copy") in any medium and in (or in connection with) any listing or advertisement published under this Application in the way it is used in any such listing or advertisement (or in connection with such listing or advertisement) without the consent or authorization of any other person or entity. I also represent and warrant that (i) I have the right to provide the Lender Copy to EZL and the right and authority to grant EZL the additional rights afforded by these terms and conditions (including without limitation Sections 4(f), 17 and 38 below) without the consent or authorization of any other person or entity; and (ii) the exercise of any such rights, licenses, or authorizations by EZL or its sub-licensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. If my right and authority to use any Lender Copy, or any portion of any Lender Copy, changes or any proceedings contesting that right and authority are initiated, I will notify EZL promptly in writing. I agree that I am solely responsible for the enforcement and protection of any of my intellectual property included in (or in connection with) my advertising / advertiser web page.

(c) Lender's Representations. I represent and warrant that (i) the statements contained in the any materials presented to EZL are truthful and not misleading; (ii) I am authorized to provide the services and products advertised; (iii) complies with all applicable laws and regulations; (iv) I have all of the applicable licenses and permits required to provide the goods and services in the States I serve, and (v) I will notify EZL immediately if I become aware of any facts or circumstances indicating that any of my representations in this Section are, or become, untrue.

(d) EZL's Rights in Advertising Copy. If EZL creates or supplies any Advertising Copy for me, I agree that: (i) EZL retains all rights in and/or ownership of any such Advertising Copy and I will not have any right therein except as expressly set forth in this Application; (ii) I have no right to use advertising developed with content created or supplied by EZL except in connection with this Application; and (iv) I will not have the right to allow others to use such advertising or any such content. I waive any and all rights of attribution and integrity and other statutory and common law rights of every kind relating to any Advertising Copy.

(e) Appearance. I acknowledge that my published advertising may be of a lower quality or otherwise differ from the original Lender Copy or from copy layout sheets supplied by EZL in clarity, color, contrast, focus, size and other features. EZL has advised me against the use of Lender Copy that is unclear, low contrast or otherwise substandard, and I release EZL from any liability for advertising of inferior quality produced from substandard Lender Copy. I acknowledge that the size, color, font, highlighting and arrangement of enhanced listing items in Electronic Advertising may be adjusted from that appearing in any sales collateral or copy sheet and from web page to web page, and that the associated listing's enhancements may be omitted (e.g., the listing may appear as a basic listing) as a result of a distribution affiliate's or user's applicable hardware, software or system limitations or browser settings or the manner in which the listing is transferred to any third party prior to its display to the user.

(f) INTENTIONALLY LEFT BLANK

SECTION 5 - LOCATION OF ADVERTISEMENTS AND CATEGORIES
Intentionally left blank

SECTION 6 - LIMITATION OF LIABILITY
I understand that, except for my obligations to pay expenses and damages under Section 10: (1) the total amount of damages that EZL may recover from me related to this Application will not exceed the sum of the charges owed for the outstanding referral fees, plus late charges and other costs payable under Section 3;


SECTION 7 – INTENTIONALLY OMITTED.

SECTION 8 - LITIGATION; ARBITRATION
In any legal proceeding relating to this Application, including an action in court and an arbitration, EZL and I agree to waive any right we may have to participate in any class, group, or representative actions and further agree to waive any right we may have to a trial by jury. EZL may bring an action in court to collect amounts due under Section 3 (Payment for Advertising), and I may bring an action in court to recover amounts I have paid under this Application. All other disputes between myself and EZL and/or any of EZL's officers, directors, employees or Affiliates that cannot be settled by amicable agreement concerning or arising from or in connection with (i) this Application, (ii) the construction, performance or breach of these terms and conditions and any modifications thereof, (iii) any transactions between myself and EZL, including but not limited to any accounts I maintain with EZL, any advertising that EZL publishes or does not publish for me, and any statements that I or EZL make to one another in connection with our transactions, or (iv) any issues as to whether a dispute is to be arbitrated between us, whether such disputes arose prior to, on, or subsequent to the Date of the Application, will be referred by the aggrieved party to arbitration under the rules of the American Arbitration Association, and such party will give written notice of arbitration to the other. Notice to EZL must be mailed to Ez Loan Look Up, Inc., Att: Notices, 4435 North Harlem Avenue, Norridge, IL 60706 or faxed to (888) 329-2009 before expiration of the periods referenced above. I understand that I may obtain arbitration rules and fee information from the American Arbitration Association (
www.adr.org). EZL and I acknowledge that Lender's use of EZL's services evidences a transaction in interstate commerce and that the United States Arbitration Act and federal arbitration law will govern the interpretation, enforcement, and proceedings pursuant to this Section 8. EZL and I also agree that the arbitrator may not award multiple or punitive damages, except as may be required by law. If the law prohibits a claim from being arbitrated, EZL and Lender agree to arbitrate any related claims before proceeding in court. If our agreement as set forth in this Section 8, to waive any rights we may have to participate in a class, group or representative action is deemed unenforceable, then EZL and I agree that any claim seeking relief on a class, group, or representative basis will be filed and tried in a court of competent jurisdiction and will not be subject to arbitration. If it becomes necessary for one party to commence any arbitration, litigation, or collection action against the other, the prevailing party in such action will be entitled to recover all costs, including reasonable attorneys' fees, expert witness fees and in-house counsel costs associated with the action. I must commence any arbitration or litigation against any of the Indemnified Parties within two years after the last day of the month in which the referral to which my claim relates was published.

SECTION 9 - INTENTIONALLY OMITTED.

SECTION 10 INTENTIONALLY OMITTED.

SECTION 11 - NO APPROVAL OR ENDORSEMENT BY EZL
I understand that EZL does not approve or endorse (a) any product or service offered by us and any of the products that we sell including other advertising it publishes; or (b) any user review of such products or services. I will not make any representation that EZL does approve or endorse any product or service. I also understand that EZL may publish advertising (including limited inventory advertising) of any other Lender in any Web Page at any time, including without limitation under any category or at any place, position, rank or location within any Web Page.

SECTION 12 - EZL'S COPYRIGHT IN DIRECTORY
I agree that EZL owns the copyright in each Advertiser Web page and all copyrighted portions of each Electronic Directory.

SECTION 13 - SUCCESSORS; ASSIGNMENT
This Application will be binding on and inure to the benefit of me and my successors. EZL may assign this Application. I may not assign any of my rights or delegate any of my duties under this Application without prior written consent of EZL.

SECTION 14 - WAIVER OF RIGHTS
Except as otherwise set forth in this Application (including the provisions of Section 7), neither Lender nor EZL will lose any of its rights under this Application even if it does not enforce a right or delays in enforcing a right.

SECTION 15 - DISCOUNTS AND PROMOTIONS
EZL may create, revise or cancel a discount or promotional offering at any time.


SECTION 16 - INTENTIONALLY OMITTED.

SECTION 17 - LINKS
If my advertiser web page contains links, I hereby: (a) grant to EZL and its sublicensees a royalty-free unrestricted right and license to establish such links and to link users of my advertising to the website(s) designated in my advertising and to cause the link(s) to open new browser window(s) and publish the website(s) designated by such link(s) within such window within my advertising; and (b) represent and warrant that (i) I have the right and authority to grant the foregoing right and license and that the foregoing does not infringe on any copyright or any other right of any other person, and (ii) all copy and content of all websites to which my advertising links complies in all respects with all applicable laws and regulations.

SECTION 18 - INTENTIONALLY OMITTED.

SECTION 19 - GOVERNING LAW
Lender and EZL agree that this Application and all disputes relating to this Application will be governed by and interpreted according to the laws of the State of Illinois as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. Venue as to any action or proceeding initiated by either party will be proper in Cook County, Illinois.

SECTION 20 - GENERAL DISCLAIMERS
- EZL disclaims any obligations and warranties, whether express or implied, that are not expressly set forth in this Application, including without limitation:
- EZL does not warrant that the advertising will be published without error or omission;
- EZL disclaims any warranty of merchantability or fitness for a particular purpose; and
- EZL does not warrant the number of responses or referrals to this program, any other business benefit or the suitability of my advertising for any business purpose.
- EZL may change the content, form or appearance of any Electronic Directory or web page at any time, including but not limited to removing, reducing or expanding residential or business listings or sections and introducing new products that may result in a change in the position of advertising in an Electronic Directory. EZL may also change the geographic area or areas covered by the listings in, or the distribution of, any Electronic Directory or web page. Certain jurisdictions do not allow the exclusion of implied warranties, so the exclusion of implied warranties may not apply to you.

SECTION 21 - INTENTIONALLY OMITTED.

SECTION 22 - ENTIRE AGREEMENT; SEVERABILITY
This Application describes the entire agreement between EZL and Lender and supersedes any other oral or written agreements regarding the Referral Program listed on the cover section or Order Summary Page of this Application. Neither Lender nor any agent of EZL may amend these terms and conditions or add any provision to or delete any provision from this Application, and any such amendments, additions or deletions are void. No oral or written representation made by any person that purports to modify this Application is binding on EZL. Lender confirms that Lender has not relied upon any such representation in entering into this Application. If any provision of this Application is held by a court, regulatory agency, or arbitrator of competent jurisdiction to be unenforceable, the rest of this Application will remain in full force and effect and will not be affected.

SECTION 23 - AUTHORITY
The person clicking on the "I Accept" button hereby certifies that he or she is either Lender or that he or she has been lawfully authorized to submit this Application and authorize the placement of advertising on behalf of Lender.

SECTION 24 - MISCELLANEOUS
Any notice to EZL required or permitted to be given to EZL under this Application must be in writing and given to EZL at Ez Loan Look Up, Inc., 4435 North Harlem Avenue, Norridge, IL 60706 or faxed to (888) 329-2009 (or such other address specifically set forth in this Application). I understand that EZL may desire to contact me regarding my current referral program or offers of advertising, and I expressly consent to all such contacts, whether by live or recorded telephone message, United States mail or other mail, facsimile or email, addressed in accordance with the information I have provided on this Application or have otherwise provided to EZL. I expressly consent to any monitoring or recording of my telephone conversations with EZL or its agents.

SECTION 25 - LENDER COPY
Intentionally omitted

SECTION 26 - PUBLICATION
I understand that EZL cannot guarantee the number of people who will be referred to our company.


SECTION 27 - TERM
Subject to the provisions of Section 29 (Cancellation/Suspension) my referral program will continue on a month-to-month basis unless I cancel the referral program, or EZL cancels my referral program.

SECTION 28 - INTENTIONALLY OMITTED.

SECTION 29 CANCELLATION / SUSPENSION
(a) If I wish to cancel my referral program, I must do so by giving written notice to EZL at Ez Loan Look Up, Inc., Att: Notices (Referral), 4435 North Harlem Avenue, Norridge, IL 60706 or faxed to (888) 329-2009


(b) INTENTIONALLY OMITTED.

(c) In the event I cancel my referral program, I will remain liable for the payment of all charges incurred for applicants (that applied up through that cancellation date) that were converted into loans in the future and past. Example: Applicant applies before cancel date but is converted after cancel date – Referral fee would be due to the EZL.

(d) EZL may cancel any or all of my advertising without notice at any time in its sole discretion for any reason, including without limitation, if EZL concludes that: (i) I am in breach of any term of this Application; (ii) my advertising or product might be obscene or indecent; (iii) my association might violate a third party's intellectual property or I am a repeat infringer; or (iv) my association might be legally actionable or otherwise objectionable for any reason.

(e) If EZL determines, in its sole discretion, that I have violated any of my obligations under, or any of the rules set forth in, this Application, then EZL may temporarily and/or permanently suspend its provisioning of, my access to and/or my ability to use my Referral program, in whole or in part, without prior notice.


SECTION 30 - SECURITY / ELECTRONIC TRANSACTIONS
I acknowledge that I am responsible for maintaining and ensuring the security of any and all passwords I obtain from EZL or its contractor in connection with my Referral program, and that I will be directly responsible for all conduct, acts and omissions on the part of any Password Users. Lender acknowledges and agrees that Password Users may be called upon to indicate their consent or agreement through their conduct on-line. I acknowledge and agree that the conduct of any Password Users in clicking on any on-screen buttons, or engaging in any other similar conduct, will be legally sufficient for all purposes to bind me, to the same extent as though evidenced by my original signature. I hereby waive all claims or defenses, known or unknown, now existing or hereafter arising, which are inconsistent with the foregoing acknowledgements, including without limitation, any claims and defenses that any Password User(s) lacked proper authority to bind me, or were otherwise acting outside the scope of its authority. EZL may revoke my password or deny me or any Password User access to any back office functionality, in whole or in part (including without limitation the website edit tool) at any time in EZL's reasonable discretion. I acknowledge that the server space upon which the application is hosted, and the Internet connections through which any transactions are conducted in connection with e-commerce enabled advertising, will be unsecure, unless otherwise indicated by EZL in writing.

SECTION 31 - INTENTIONALLY OMITTED.

SECTION 32 - PAYMENT PROCESSING
I acknowledge and agree that EZL has no obligation to provide on-line or off-line payment processing services (including, without limitation, credit card or alternate payment processing services) under this Application, or to otherwise integrate any third party payment processing services with any Electronic Advertising provided under this Application. Any request by me (or any third party, including a payment processing company, on my behalf) to integrate any third party payment processing service with any Electronic Advertising (a) will be binding on EZL only if and when EZL (or such third party as EZL may designate) performs such integration services, and (b) constitutes my authorization for EZL (and any third party contractor of EZL) to take any and all steps that EZL deems necessary for the use of such payment processing service in connection with any Electronic Advertising, including without limitation, steps to link or otherwise connect my Electronic Advertising with my merchant account or similar account with the payment processor, financial institution, and/or any other third party designated by or on behalf of Lender. In the event that EZL (or such third party as EZL may designate) performs such integration services, I agree to execute such additional agreement(s) as EZL or the third party payment processing service may request (which, in the case of the latter, I acknowledge would be solely between me and third party(ies)), and I acknowledge that I will be solely responsible for the payment of any and all amounts payable to such third party(ies), which will be in addition to any charges payable to EZL under this Application. I further acknowledge and agree that EZL makes no warranties, and that neither EZL nor its contractors will have any liability to me whatsoever, with respect to any payment processing services provided by any third party or any transactions attempted or completed through my Electronic Advertising, and I waive and release EZL and its contractors from any and all claims related thereto. I further agree that EZL makes no warranties, and that neither EZL nor its contractors will have any liability to me whatsoever, with respect to any taxes (or tax rates) or shipping and handling charges or calculations applicable to or provided in connection with any transaction through any Electronic Advertising, and I waive and release EZL and its contractors from any and all claims related thereto. I acknowledge that it is my responsibility to promptly seek advice from a professional tax advisor regarding tax rates applicable to transactions through my Electronic Advertising and any transaction capability that may be contemplated for my Electronic Advertising. I covenant and agree that I will not violate any federal, state or local laws, regulations, statutes or ordinances of any kind in connection with any payment processing services provided hereunder (including without limitation any transactions attempted or completed through the Referral Program).

SECTION 33 - ADDITIONAL DISCLAIMERS
Without limiting the general disclaimers in Section 20 above, EZL also does not warrant the following:
- EZL does not warrant that my advertising will be published or withdrawn on a particular day;
- EZL does not warrant that a specific number of persons will access or download from my advertiser web page or electronic advertising.
- EZL does not warrant that the EzLoanLookUp.com service, or any service ancillary thereto will be uninterrupted or error free and does not warrant any connection to or transmission over the Internet;
- EZL makes no warranties and will have no liability regarding services provided by third parties (including without limitation any Internet service provider or local exchange carrier).

SECTION 34 - EXPORT COMPLIANCE
Lender will comply with all applicable export laws, and will and does hereby agree to indemnify, defend and hold the Indemnified Parties (and their respective officers, directors, employees, successors and assigns) against any and all claims, demands, causes of action, damages, costs, expenses, penalties, losses and liabilities incurred or to be incurred by any such party (including but not limited to costs of defense, investigation and reasonable attorneys' and other third party fees and, to the extent permitted by law, fines, penalties and forfeitures in connection with any proceedings against any such party) arising out of, resulting from or related to any breach of such obligation. Lender represents and warrants that it is not a prohibited entity on any governmental export control list, and will notify EZL immediately in the event that it is placed on any export control list. Lender acknowledges and agrees that (a) EZL is not a party to any transactions through my advertising and is not responsible for, and will have no liability for, compliance with export control laws in relation to any such transactions, and (b) Lender is solely responsible for obtaining legal advice with respect to such matters.

SECTION 35 - NO SPAM POLICY
I will not use my association or information obtained by or with EZL for the posting or sending of single or bulk unsolicited commercial advertising, unsolicited commercial email, information announcements, or other messages (including, without limitation, "junk mail" or "chain letters"), or any other unsolicited distribution commonly considered to be "Spam." EZL may, at its sole discretion, use various approaches to detect, manage, and eliminate Spam from any Web page, including, without limitation, automated and manual monitoring of all requests entered through my Web page.

SECTION 36 - RULES
I agree that I will be in default of my obligations under this Application if I breach any of my material obligations under this Application, or if I otherwise:

(a) Use my Electronic Advertising for any purpose in violation of local, state, national, or international laws;

(b) Provide false information on my registration form or impersonate any person;

(c) Post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

(d) Post or transmit any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by EZL in its sole discretion;

(e) Post improper responses;

(f) Stalk, harass, or otherwise harm others;

(g) Distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

(h) Intentionally omitted

(j) Engage in any other conduct that inhibits any other person from using or enjoying EzLoanLookUp.com ;

(k) Engage in any other behavior on EzLoanLookUp.com and/or the any EZL Web page or tracking page or tracking system, which in EZL's sole discretion negatively affects the user experience or is otherwise unacceptable.

SECTION 37 - PRIVACY POLICY; USER DATA
EZL will post on its EzLoanLookUp.com website, and Lender will post on its website, their respective privacy policies. Each party will own the data it collects about users from sites it hosts and from servers it owns or operates, and all rights associated therewith.

SECTION 38 - ADDITIONAL LICENSE
I grant EZL a royalty-free, worldwide right and license in connection with the publication of any Web pages, solely for those purposes described in this Application, to access, index, cache, and display (in connection with my Electronic Advertising) the website(s) to which the Electronic Advertising links and the websites which a user can access from the websites to which my Electronic Advertising links, or any portion thereof, including by automated means such as web spiders or crawlers, including the right to create and display copies of any text, graphics, images, audio, video, and all other material included on such websites or portions thereof and the right to create and display thumbnail and full-scale copies of any images or video included on such websites.

SECTION 39 - PUBLICITY
Lender agrees not to use any trademark, trade name, trade dress or any name, picture or logo which is commonly identified with EZL or any Affiliate, or from which any association with EZL or any Affiliate may be inferred or implied, in any manner (including, without limitation, in any press release or other public announcement) without the prior written permission of EZL or such Affiliate, except as expressly set forth in this Application.


ADDITIONAL TERMS APPLICABLE TO BID PROGRAM SERVICES


ADDITIONAL TERMS APPLICABLE TO WEB SITE HOSTING SERVICES

SECTION 40 - INTENTIONALLY OMITTED.

EZL WILL HAVE NO LIABILITY IN CONNECTION WITH THE FUNCTIONALITY OR CONTENT OF ANY PROGRAM SITE NOT OWNED BY EZL.

SECTION 41 – WORKING EMAIL ADDRESS

Lender agrees to maintain a working email address and to notify EZL (at Ez Loan Look Up, Inc., Attention: Cancellation 4435 North Harlem Avenue, Norridge, IL 60706 or faxed to (888) 329-2009) or through its online billing/profile form immediately of any changes to the email address, during the term of this Application. Lender consents to receiving e-mail from EZL regarding marketing messages such as optimization recommendations. EZL reserves the right to change the terms upon which it provides, by providing notice to Lender via e-mail or by posting such changes online on EzLoanLookUp.com

SECTION 42 - WEB SITE HOSTING SERVICES
(a) Intentionally omitted.

(b) This is EzLoanLookUps policy on the acceptable use of the Service. It is designed to help protect the Service, EzLoanLookUp's customers and the Internet community, from irresponsible or illegal activities.
- EzLoanLookUp reserves the right to deny Service to you, or immediately to terminate your Service for material breach, if your use of the Service or your use of an alias or the aliases of additional users on your account, whether explicitly or implicitly, and in the sole discretion of EzLoanLookUp: (a) is obscene, indecent, pornographic, sadistic, cruel or racist in nature, or of a sexually explicit or graphic nature; (b) espouses, promotes or incites bigotry, hatred or racism; (c) might be legally actionable for any reason, (d) is objectionable for any reason, or (e) in any manner violates the terms of this Acceptable Use Policy.
- You may NOT use the Service as follows: (a) for any unlawful, improper or illegal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason; (c) to access or attempt to access the accounts of others, to spoof or attempt to spoof the URL or DNS or IP addresses of EzLoanLookUp or any other entity, or to attempt to penetrate or penetrate security measures of EzLoanLookUp or other entities' systems ("hacking") whether or not the intrusion results in corruption or loss of data; (d) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to "spamming", "flaming" or denial or distributed denial of service attacks; (e) to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for third parties using the Service; (f) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; (g) to post information on newsgroups which is not in the topic area or charter (e.g. off-topic posting) of the newsgroup; (h) to interfere with another person's usage or enjoyment of the Internet or this Service; (i) to post or transmit information or communications that are defamatory, fraudulent, obscene or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; (j) to damage the name or reputation of EzLoanLookUp, its parent, affiliates and subsidiaries, or any third parties; (k) to transmit confidential or proprietary information, except solely at your own risk; (l) to violate EzLoanLookUp's or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; (m) to use more than one IP address obtained from EzLoanLookUp; (n) to generate excessive amounts (as determined by EzLoanLookUp in its sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (o) to engage in activities designed to or having the effect of degrading or denying Service to EzLoanLookUp users or others (including, without limitation, activities that compromise a server, router, circuit, software or other Internet component); (p) to use any name or mark of EzLoanLookUp, its parent, affiliates or subsidiaries, as a hypertext link to any Web site or in any advertising publicity or other commercial manner; (q) to operate a commercial server or to operate a non-commercial server in a manner that interferes with the network or other users' use of the Service; (r) to use the Service or the Internet in a manner intended to threaten, harass, intimidate; (s) to cause the screen to "scroll" faster than other users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; (t) to disrupt the normal flow of online dialogue, (u) to violate any operating rule, policy or guideline of any other online services provider or interactive service; (v) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (w) to impersonate any EzLoanLookUp employee or official or other person or use a false name while using the Service or implying an association with EzLoanLookUp; (x) to install "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (y) to make false or unverified complaints against any EzLoanLookUp customer, or otherwise abusing any of EzLoanLookUp's complaint response procedures; (z) to export software or any information in violation of US export laws; (bb) to use the Service in contravention of the limitations of the pricing plan you have chosen.
- Usenet Policy and Posting Restrictions: Usenet comprises a system of bulletin boards called newsgroups. Usenet access may be provided to Internet access customers of EzLoanLookUps affiliate through such affiliates network. EzLoanLookUp Usenet may not be accessed via any other network. You may open no more than five simultaneous connections to newsgroups at any one time. You may not rapidly open and close or create connections for users other than yourself (our Customer). You must familiarize yourself with the subjects and established guidelines and restrictions of any newsgroup in which you participate and we reserve the right, in our sole discretion, to terminate your Service in the event you violate newsgroup guidelines or restrictions.
- Copyright Infringement/Repeat Infringer Policy. EzLoanLookUp respects the intellectual property rights of third parties, including those granted under the US copyright laws, and the interests of its customers and content providers on the Internet. You may not store material of any type or in any format on, or disseminate such material over, EzLoanLookUp's systems or servers (or the servers of its third party licensors, suppliers or providers) in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under the US copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of EzLoanLookUp to terminate, in appropriate circumstances, the Service provided to any customer or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers. Appropriate circumstances may exist where (i) a customer or account holder has been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, i.e., a repeat infringer, (ii) where a valid, effective and uncontested notice has been provided to EzLoanLookUp alleging facts which constitute an infringement of a copyright of a third party involving EzLoanLookUp systems or servers (or those of its third party licensors, suppliers or providers), or (iii) in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). In addition, EzLoanLookUp expressly reserves the right to terminate or suspend the Service of any customer or account holder if EzLoanLookUp, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights EzLoanLookUp may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for contacting EzLoanLookUp's designated Copyright Agent as set forth in EzLoanLookUp's Copyright Policy located at
http://www.EzLoanLookUp.com/copyright.html.
- You shall comply with all applicable local, state, national and international laws and regulations, including, without limitation, those related to data privacy, international communications, and exportation of technical or personal data. You represent that you are not a specifically designated individual or entity under any US embargo or otherwise the subject, either directly or indirectly (by affiliation, or any other connection with another party) to any order issued by any agency of the US Government limiting, barring, revoking or denying, in whole or in part your US export privileges. You agree to notify EzLoanLookUp if you become subject to any such order.
- You shall not delete any proprietary designations, legal notices or other identifiers belonging to third parties from any information obtained or sent using the Service and shall not impersonate any person or use a false name while using the Service. You agree to obtain all required permissions if you use the Service to receive, upload, download, display, distribute, or execute Software or perform other works protected by intellectual property laws including copyright, trademark, trade secret and patent laws. You agree to cooperate with EzLoanLookUp and provide requested information in connection with all security and use matters. You agree to notify EzLoanLookUp promptly if you suspect unauthorized use of the Service or of your UserID. You remain liable for unauthorized use until your notification to EzLoanLookUp at
Security@EzLoanLookUp.com This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . You agree that your name, UserID, and other identifying information may be placed in our user directory.
- EzLoanLookUp reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include, but not be limited to, provision of account or user information or email as well as monitoring of the EzLoanLookUp network (and/or the network of its third party licensors, suppliers or providers).
- EzLoanLookUp may, but is not required to, monitor your compliance, or the compliance of other customers, with the terms, conditions or policies of this Acceptable Use Policy.

(c) EZL WILL HAVE NO LIABILITY IN CONNECTION WITH THE FUNCTIONALITY OR CONTENT OF ANY PROGRAM SITE NOT OWNED BY EZL.

(d) No Warranties. Advice or information given by EZL or its representatives will not create a warranty. Use of EZL technical support is at Lender's own risk and is not warranted. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, EZL DISCLAIMS WITH RESPECT TO ALL SERVICES ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR ARISING BY COURSE OF PERFORMANCE, DEALING, CUSTOM OR TRADE USAGE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF EZL KNEW OR SHOULD HAVE KNOWN SUCH PURPOSE) AND NONINFRINGEMENT. LENDER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EZL DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY EZL WILL MEET LENDER'S NEEDS, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

(e) Lender's Responsibilities and Important Representations. If Lender is an individual, Lender represents that he or she is over the age of eighteen. Lender further acknowledges and agrees that Lender is solely responsible for all use of the Service and the manner in which the Service is used, including without limitation the protection, storage, back-up and security of Lender's data, software, computer network and other facilities; Lender's choice of equipment, software (including all upgrades thereto) and online content; and all other matters related to how Lender accesses and uses the Service and Lender's data. Lender agrees that Lender's use of the Service and the Internet is Lender's sole responsibility and that Lender's use of the Service, is solely at Lender's own risk and is subject to all applicable local, state, national and international laws and regulations. Lender further understands and agrees that the reliability, security, availability and performance of data or services accessed over the Internet are beyond EZL's control and are not in any way warranted or supported by EZL. Lender agrees to provide EZL with the access and support required to allow EZL to implement, maintain and provide the Services. In addition, Lender agrees that EZL may from time to time send Lender information relating to the Service, (including but not limited to password information), via electronic mail over the Internet to Lender's primary EzLoanLookUp Media email address or other e-mail address Lender provides. Lender consents to EZL's distribution of such information to Lender electronically. Lender may not resell the Service or access to the Service, directly or indirectly, to third parties without EZL's written agreement.

(f) Compliance with Laws. Lender agrees not to use, or permit others to use, the Service in ways that (i) violate any law or applicable regulation or EZL's AUP or other policies, (ii) infringe the rights of others, or (iii) interfere with the users, services, or equipment of EZL's network or other networks. By way of example and not limitation, Lender agrees not to distribute unsolicited advertising or other unsolicited bulk electronic mail (i.e., spam); propagate computer worms, destructive programs or denial of service attacks or viruses; use a false identity; attempt to gain unauthorized entry to other computers, data or any site or network; distribute or store any form of pornography, obscene or defamatory material; or infringe copyrights, trademarks or other intellectual property rights. Lender further agrees to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Service. If the Service is provisioned outside the U.S., Lender agrees to abide by all applicable local laws and regulations, including without limitation any laws governing the import of the Service. EZL reserves the right to suspend or terminate the Service (or any portion thereof) without notice in the event that Lender's use of the Service, in EZL's sole judgment, violates any applicable law, regulation or ordinance, or the terms of this Application or EZL's AUP, or otherwise adversely affects or threatens any EZL network or service, customer or employee or other network or person, or, if Lender is determined to be a repeat infringer under EZL's repeat infringement policy set forth in EZL's AUP. EZL also reserves the right to provide information about Lender's account and Lender's use thereof to third parties as required or permitted by law.

(g) Software and/or Digital Content Provided.

i. EZL may (but is not obligated to) provide to Lender, at no cost or for a fee, software ("Software") or digital content ("Content") owned by EZL or its third party licensors, providers or suppliers in connection with the Services . Lender may use the Software and/or Content in object code form only, on the hardware on which it is installed, only as part of or for use with the Service and for no other purpose. The Software and/or Content may be accompanied by or subject to an end user license agreement from EZL or a third party. Lender's download, installation or use of the Software or Content constitutes Lender's agreement to the terms and conditions of any such license agreement. Lender may not install or use any Software or Content that is accompanied by or includes an end user license agreement unless Lender first agrees to the terms and conditions of the end user license agreement.
(ii) If the Software and/or Content are not accompanied by an end user license agreement from EZL or a third party, Lender is hereby granted a personal, revocable, non-exclusive, non-transferable license by EZL or its third party licensors, providers or suppliers, to use the Software and/or Content, as applicable (and any corrections, updates and upgrades thereto), for the sole purpose of enabling Lender to use the Service. EZL reserves the right to update or change the Software and/or Content from time to time and Lender agrees to cooperate in performing such steps as may be necessary to install any updates, upgrades or changes to the Software or Content, respectively. The Software and Content may be used in the United States only, and any export of the Software or Content is strictly prohibited.
(iii) Lender agrees that the Software and Content is the confidential information of EZL or its third party licensors, providers or suppliers, which Lender shall not disclose to others or use except as expressly permitted herein. The Software and Content contains copyrighted material, trade secrets, patents, and proprietary information owned by EZL or its third party licensors, providers, or suppliers. Lender may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software or Content, or otherwise transfer the Software or Content to any third party. Lender may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software or Content. Lender is not granted any title or rights of ownership in the Software or Content. Lender acknowledges that this license is not a sale of intellectual property and that EZL or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and Content and related documentation, as well as any corrections, updates and upgrades.
(iv) IF AT ANY TIME DURING THE TERM OF THIS APPLICATION EZL PROVIDES LENDER WITH FREE OR FOR-FEE SOFTWARE, DIGITAL CONTENT OR EQUIPMENT, INCLUDING WITHOUT LIMITATION, CLIENT AND/OR NETWORK SECURITY SOFTWARE, LENDER AGREES THAT LENDER'S SOLE RIGHT TO RECOURSE, IF ANY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR FAILURE OF SUCH SOFTWARE TO PERFORM, IS AGAINST THE MANUFACTURER OF SUCH SOFTWARE, DIGITAL CONTENT OR PERIPHERAL EQUIPMENT. LENDER EXPRESSLY WAIVES THE RIGHT TO ANY SUCH RECOURSE AGAINST EZL TO THE EXTENT PERMITTED BY LAW.
(v) EZL provides technical assistance and support for the Software in accordance with its policies. Unless otherwise provided, EZL does not provide technical assistance or support for third party Software. Technical assistance or support with regard to third party software provided by the Software supplier is provided in accordance with such third party's policies or other terms.
(vi) Lender's license to use the Software and Content will remain in full force and effect during the term of this Application, unless and until it is terminated by EZL, its third party licensors, providers or suppliers, or until this Application expires or is terminated.

(h) Effect of Termination on Software and Content License. Upon termination or expiration of this Application, Lender agrees to cease use of all the provided Software and Content and to immediately delete such Software and Content from Lender's computer.

(i) Termination for Default. Either party may terminate or cancel this Application, with respect to the Service, if the other fails to cure a material breach of this Application within thirty (30) calendar days after receiving written notice of the breach. EZL reserves the right, but assumes no obligation, to suspend performance immediately if Lender is more than thirty (30) calendar days overdue in payments or if, in EZL's reasonable judgment, Lender has violated any provision of this Application, including EZL's AUP.

(j) Government Entities. Use, duplication or disclosure by any government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is EZL or its third party licensors, providers and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Application, or any modification.

(l) Third Party Beneficiaries. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS APPLICATION ALSO APPLY TO EZL'S AFFILIATES, THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS APPLICATION.

(m) Changes or Updates to the Services. EZL reserves the right to make changes to the Service or any portion thereof. If such a change adversely affects Lender's use of the Service, and EZL cannot reasonably mitigate the impact, then Lender may terminate the Service without further obligation.

(n) IP Addresses and Domain Name Registration. Intentionally Omitted

(o) Ownership of Lender-Provided Materials. By providing Lender with Services, EZL does not acquire any right, title and/or interest in the content material (including but not limited to text, software, scripts, multimedia images, graphics, audio, video, and other data) that Lender installs or has installed on the server computer (collectively "Materials"), except as expressly set forth in this Application (including, without limitation, Sections 4, 17 and 38). EZL agrees to safeguard Lender's Materials during the term of Lender's Service using the same degree of care EZL uses to safeguard similar content of its own, but in no event, will EZL use less than a commercially reasonable degree of care.


BY CLICKING THE "I ACCEPT" BUTTON BELOW, I REPRESENT THAT I HAVE READ AND UNDERSTAND THIS ON-LINE APPLICATION FOR ELECTRONIC ADVERTISING, AND AGREE THAT LENDER WILL THEREAFTER BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH ABOVE TO THE SAME EXTENT AS THOUGH EVIDENCED BY MY ORIGINAL SIGNATURE.

IF I DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF I DO NOT HAVE THE AUTHORITY TO BIND LENDER, THEN I ACKNOWLEDGE THAT I MUST NOT CLICK "I ACCEPT" AND MUST NOT COMPLETE MY ONLINE ORDER.

 
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