Online Link Agreement And Contract
The following are the terms of the agreement between LowRateMortgages.com, a wholly owned marketing division of Consolidated Mortgage Corporation (“Company”) and the buyer (“Buyer”) of links, goods or services through the Company's LowRateMortgages.com Web Site (the “Site”). If you do not agree to these terms, you will not be able to purchase any links or other services, so please review these terms carefully:
State or States
Type of Link and Cost (per state):
To Obtain 45 Days FREE, Buyer MUST pay annual intro fee using the PayPal service
Exclusive (Only Link on State Pages) Annual Intro Offer is $399 to $499 per state.
Renewal is $499 to $699 the following year.*
Please provide your email address:
Please provide your Company Name:
Please provide your Name and Title:
Please provide the URL or Domain Name for link (Example: www.USALowRates.com):
Please provide your Phone Number:
2a. Warrants, Fees, Setup and Payment. Buyer represents and warrants that (i) the Buyer or Mortgage Company represented by Buyer holds all required licenses and permits to conduct mortgage lending and/ or mortgage brokering in their respective state or states (ii) that there are no legal actions against Buyer or Mortgage Company represented by Buyer (iii)Buyer has the capacity to enter into this Contract and shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer MUST pay annual fee by credit card to obtain 45 days free. Renewal Fee is $499 to $699 a year.*
Company warrants that the Statistics and in particular the Actual Page View counts are genuine, as provided by the server tracking program. Company is solely responsible for any and all hosting, promotion, and other costs associated with the Site. Company is not responsible to Buyer for any down time or lost business caused by any computer malfunction, utility outages, server downtime, server errors, software conflicts, etc.
The Site is NOT DESIGNED TO PROVIDE LEADS! It is designed to provide traffic to your web site. Any Leads or Inquiries will be forwarded on a flow "as received" basis to the link customer in that particular state.. Links are offered on a first come first served basis.
LoanApp.com and LoanWeb.com links will be removed and replaced with Buyer's links upon both contract acceptance and receipt of payment of Exclusive Link Purchase from the said purchased State and or States.
There is one link type, Exclusive Link.
Introductory Annual Fee:
Annual Renewal Fee:
Existing link customers will have the right of first refusal to renew their link at the current pricing at the time of renewal.
LOW POPULATION STATES - $499.00 (each) Alaska, Delaware, Hawaii, Maine, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, Vermont, Washington D.C., Wyoming.
MEDIUM POPULATION STATES - $599.00 (each) Arkansas, Connecticut, Idaho, Iowa, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, Oklahoma, Oregon, South Carolina, Utah, West Virginia.
LARGE POPULATION STATES - $699.00 (each**) Alabama, Arizona, California North, California South, Colorado, Florida, Georgia, Illinois, Indiana, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, Virginia, Washington, Wisconsin. **California is sold as two States, North California and South California are $699 each to renew.
There is not a "Setup Fee" to activate a link, it is included in the annual link price. The Company will Set Up the new account and activate the link within two business days after receipt of Buyer's credit card transfer, or other form of payment.
Annual introductory fee must be paid prior to any Links being placed on the site. Buyer agrees to pay said fee by credit card or bank transfer using the PayPal service, a free service to the Buyer. Company pays all fees associated with PayPal or credit card payment.
The current Fee for an Introductory Exclusive Link (Only link on page) is $399 or $499 depending on state, including set up fee per year for entire State and/ or Areas of State (if State has been subdivided link appears on ALL subdivided state pages, California excluded as listed above).
Credit Cards accepted are listed on the on line PayPal site.
Payment shall be in US Dollars. If paying annually by Check, check shall be Payable to Consolidated Mortgage Corporation. Mailing address is Consolidated Mortgage Corporation, Attention Link Sales, 102 St. Claire Place, Suite 101-A, Stevensville, MD 21666-2180.
$35 Fee for any and all returned checks. All dollar amounts shown are United States Dollars. Annual renewal fee is subject to change and any changes will be updated on the site from time to time.
2b. Maximum Links and Further Sub Division. Company warrants that there will be a maximum sale of one (1) Exclusive Link in each State** or any current or future subdivided State into Areas of State. Company reserves the right to further subdivide any State into additional Areas of State at any time, in the Company's sole discretion. In the event that the Company does sub divide or further sub divide any State, all links on the State will be relocated to one or more new Area of State pages.
3. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
4. Editing, Deleting, and Modification. Company reserves the right in its sole discretion to add, delete, improve, edit, modify or change the content or any information appearing on the Site. Upon notice published on the Site, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. This will not affect any links presently on the Site purchased by the Buyer, the links will remain regardless of any Site improvements or changes by Company for the remaining Contract term, except as specified in Section 9. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
5. Renewals and Right to Refuse. Existing link customers will have the right of first refusal to renew their link at the current pricing at the time of renewal as posted on the Site. Company reserves the right in its sole discretion to refuse service at any time with or without cause and provide a monthly prorated refund to Buyer within 15 business days by Company check, sent by first class mail. Any portion of month will be prorated as described in Section 9. Renewals will be at the sole discretion of the Company. Sale of any links or services is subject to availability, there is no guarantee that any account will be renewed by the Company. Future renewals shall be priced at the then current Fee Schedule as published in "Contract Section 2a" on the Site and updated from time to time by the Company, and will be per State, excluding California which is sold as North and South. All links on said pages are subject to availability. All renewals shall be bound by the Contact terms as posted on the site at that date and time of any renewal.
6. Indemnification. Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site. Buyer will notify Company within 2 business days if Buyer's website has any changes which may affect links to Buyer's web site. Upon notice, Company will modify links as needed to Buyer's site. It is expessly agreed that Buyer assumes all responsibilty for any links that become "dead" or inactive for failure of Buyer to notify Company of any changes, and agrees to hold harmless Company from any liability therefrom.
7. Non-Transferable. Buyer's right to use the Service is not transferable and is subject to any limits established by Company.
8. Disclaimer. ANNUAL INTRODUCTORY
FEE IS NOT REFUNDABLE UNDER ANY CIRCUMSTANCES. THE SERVICE, CONTENT,
GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY
OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY
CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE BUYER FOR
THE PARTICULAR ITEMS PURCHASED. THERE IS NO GUARANTEE THAT VISITORS
TO THE SITE WILL CONTINUE AT CURRENT LEVELS. COMPANY AND ANY OF ITS
AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING
LIMITATION OF LIABILITY.
Buyer agrees to pay introductory Annual Fee by credit card, bank transfer, or by check or credit card PRIOR to Company placing any links on the Site, and understands the fee is not refundable. Buyer agrees to pay any fee due Company the same day as contract submission. Renewal fee is $499 to $699 a year*, as stated in Section 2a above.
After 12 months and 45 days (13.5 months), Buyer will have the first right of refusal to continue Exclusive Linked state or states for the next 12 calendar months for an additional renewal fee as listed under section 2a above. (the last 45 days are free). Failure of Buyer to pay renewal balance due within 3 business days will be a default of contract, and will cause account to be canceled by Company, all links will be removed, and Buyer forever waives any and all rights to the site.
This Section 9 sets forth all Refund Policies.
10. Use of Information. Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer's use of the Site and all information provided by Buyer, subject to applicable law.
11. Miscellaneous. This Contract shall be treated as though it were executed and performed in Stevensville, Maryland, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Maryland (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within 1 day after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Stevensville, Maryland, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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