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 ser