In order to be credited for referring your clients to Lexington Law, and to be able to track your client's credit repair progress, you will need an affiliate ID number. To get your affiliate ID, please fill the form below.
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You must agree to the terms and conditions below.
TERMS AND CONDITIONS
These Insertion Order Terms and Conditions cover a variety of Advertising Practices. Any advertising Marketer performs for Progrexion, whether or not explicitly identified within an insertion order, is subject to them. Any advertising Marketer performs for others is not subject to these terms and conditions, but if it is competitive with advertising performed for Progrexion, may subject this Agreement to immediate termination by Progrexion.
- Acquisition. An Acquisition shall be defined as an application for Advertised Products or Services that meets the following requirements:
- Residency. The applicant must be a resident of the U.S.
- Age. The applicant must be 18 years of age or older.
- Complete Application. All information in all pages of the application must be complete, accurate, and submitted, specifically including, but not limited to:
- First name, last name, address, city, state, zip code, email address, and telephone number.
- Form of payment with either valid credit card, debit card, or bank account information.
- Signature and Power of Attorney, in either electronic or oral form.
- The Application must be confirmed by the applicant.
- Payment. The applicant must have paid the initial case set up fee.
- Affiliate ID. The appropriate Affiliate ID must be given with the application.
- Advertised Products or Services. “Advertised Products or Services” means one of the following, as specified in the Insertion Order:
- Lexington Services. Credit report repair services offered by Lexington.
- Product or Service Provider. “Product or Service Provider” means one of the following, as specified in the Insertion Order:
- Lexington. Lexington is a provider of credit report repair services.
- Void. “Void” means a reversal of a payment previously earned that is later rescinded or corrected. Progrexion may Void a payment for any transaction that is fraudulent or for which an applicant requests a refund or cancels. Progrexion may deduct Voids from any amount owing to Publisher.
- Progrexion or Advertiser. “Progrexion” or “Advertiser” shall mean Progrexion Marketing, Inc., a Delaware Corporation.
- Progrexion Call Center. A call center of Progrexion’s choosing.
- Publisher or Marketer or Vendor. “Publisher” or “Marketer” or “Vendor” shall mean the entity identified in the Publisher Contact Information section of an accompanying Insertion Order, as well as any of Publisher’s or Marketer’s affiliates or other marketing partners. All affiliates or marketing partners of Marketer must be subject to Adverting Practices that are at least as restrictive as those outlined in this Agreement.
- Agreement. An Insertion Order together with the applicable Insertion Order Terms and Conditions and accompanying exhibits at the time the Insertion Order becomes effective. Each Insertion Order and its corresponding Insertion Order Terms and Conditions and exhibits represent a separate agreement.
- Confidential Information. The term “Confidential Information” shall mean any confidential, non public or proprietary information concerning either party’s products, services, or operations, including without limitation: information concerning either party’s financial affairs, partnerships, marketing plans or strategies, current or future business opportunities, current or future products or services, technology, websites, computer or other programs, customers or contact lists, sales leads, relationships with third-party companies, reports, trade secrets, ideas or any other information which Publisher should reasonably know is confidential or proprietary.
- Lexington. The term “Lexington” shall mean Lexington Law Firm.
- Lexington Website. The term “Lexington Website” shall mean lexingtonlaw.com.
- Protected Keywords. The term “Protected Keywords” shall mean any and all branded keywords of Lexington, Lexington Website, and/or Lexington Trademarks, and/or any and all branded keywords associated with or substantially similar to Lexington, Lexington Website, and/or Lexington Trademarks. In the event Publisher is uncertain whether a particular search term is protected, it is the obligation of Publisher to seek prior written approval from Progrexion for use of such term.
- Advertising Materials. The term “Advertising Materials” includes, but is not limited to, the following, which need not be mutually exclusive:
- Lexington Trademarks. The term “Lexington Trademarks” includes all trademarks, trade names, service marks, other names or identifiers, and logos associated with products or services offered by Lexington and marketed by Progrexion.
- Progrexion Trademarks. The term “Progrexion Trademarks” includes all trademarks, trade names, service marks, other names or identifiers, and logos associated with products or services marketed by Progrexion.
- Proprietary Materials. The term “Proprietary Materials” includes any materials provided under this Agreement, whether in electronic or printed form, such as derivative works, compilations, collective works, technical know-how, patents, patents pending, copyrights, and any rights in those materials.
- Disclosing Party. The party making a disclosure of its own Confidential Information.
- Transfer. The term “Transfer” means a phone call from Marketer in which Marketer transfers the call to a Progrexion call center.
- USAGE OF ADVERTISING MATERIALS
- Regulatory Compliance. Publisher acknowledges and agrees that Progrexion markets products and services that are subject to regulation by various governmental authorities. The level and degree of regulation is subject to change over time. Accordingly, Publisher acknowledges and agrees that Advertiser may, in its sole discretion, terminate this Agreement at any time in order to comply with regulatory requirements, even in the absence of a formal or informal demand by the relevant governmental authority.
- Use by Publisher. Publisher shall have the non-exclusive, limited, revocable right to advertise using the Advertising Materials only in accordance with the terms and conditions of this Agreement. The benefit and goodwill arising from all uses of trademarks shall inure solely to the benefit of the respective trademark owner.
- Termination. Unless a subsequent insertion order has been agreed to in writing, upon termination of the Insertion Order, Publisher shall immediately cease using the corresponding Advertising Materials. Any Advertising Materials used in an Internet Directory, public record, or elsewhere shall be removed by Publisher as soon as possible, but in any event not later than the subsequent issue of any such publication.
- ADVERTISING PRACTICES
- Data Collection Practices Generally. Any data Publisher provides to Progrexion shall be obtained, collected, and compiled using methods that fully comply with all (federal and state) applicable laws, rules, and/or regulations, including, without limitation, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, and the CAN SPAM Act as they apply to Publisher in connection with an applicable insertion order.
- Telemarketing Compliance.
- Data Collection. Any data Publisher provides to Progrexion for telemarketing shall consist of records of persons who (i) have made an Inquiry (as defined in the Telemarketing Sales Rule and applicable state law, sufficient to satisfy the requirements of an Established Business Relationship or Inquiry) regarding Advertised Products or Services, and (ii) have not subsequently requested to be added to Publisher’s internal Do Not Call List.
- Record Keeping. Publisher shall maintain records, and will supply such records to Progrexion upon request, evidencing (i) compliance with the national Do Not Call Registry, (ii) maintenance and compliance with an internal Do Not Call List, and (iii) the inquiry including, without limitation, the person receiving the inquiry or applicable IP addresses, and time/date stamps.
- Email Compliance.
- Data Collection. Any data Publisher provides to Progrexion for email marketing shall consist of records of persons who have given Affirmative Consent (as defined in the CAN SPAM Act and applicable state law) to receive third party commercial email advertising messages regarding Advertised Products or Services and have not subsequently sent an unsubscribe request revoking this Affirmative Consent.
- Record Keeping. Publisher shall maintain records, and will supply such record to Progrexion upon request, evidencing (i) maintenance and compliance with a Suppression List of individuals and/or entities that have indicated they do not wish to receive subsequent email marketing, and (ii) the Affirmative Consent including, without limitation, the person receiving the inquiry or applicable IP addresses and time/date stamps.
- Natural Search. Publisher is prohibited from link farming, page cloaking or other deceptive practices to manipulate natural search rankings. In general, a search engine and an end user should see the same content on a website. All titles and descriptions used for search listing must be current, accurate, and not deceptive.
- Paid Search. Publisher is prohibited from bidding on Protected Keywords. Publisher is further prohibited from utilizing paid search to link directly to the Lexington Website without the use of a landing page.
- Other Advertising. Publisher is prohibited from marketing or advertising Lexington Services by any means not specifically approved in this Agreement or a supplemental Insertion Order. Examples of prohibited advertising include, but are not limited to, direct mail, radio, television, yellow page ads, etc.
- Messaging. Progrexion must approve in writing all advertising and messaging that Publisher uses for marketing on behalf of Progrexion in advance of its commercial use. Progrexion provides approved creative for marketing purposes. Publisher may not use any content or information from the Lexington Website, including textual content, graphics, pictures, etc., without prior written approval from Progrexion.
- Advice and Counsel. Publisher is prohibited from making any statement or giving any advice or counsel that is untrue or misleading, or which upon the exercise of reasonable care should be known to be untrue or misleading. Publisher is prohibited from making any statement or giving any advice or counsel contrary to federal or state credit repair laws.
- Publisher Identification. In all advertising, Publisher shall clearly differentiate between the Publisher and Product or Service Provider. Publisher is prohibited from portraying its website as the Lexington Website. Publisher shall not suggest, imply, or otherwise communicate in any way that Publisher is contacting anyone on behalf of the Product or Service Provider or that Publisher is partnered or affiliated with Product or Service Provider.
- Downloadable Applications. Publisher is prohibited from promoting Lexington via downloadable applications, also known as spyware, adware, or similar applications. Using software that redirects traffic is strictly forbidden.
- Call Procedure. Marketer’s: (i) call center agents receiving inbound calls from those customers who call into Marketer’s call centers, (ii) call center agents making outbound calls, or (iii) IVR system, will determine each customer’s interest in a product or service marketed by Progrexion by presenting a script (“Script”) prepared and approved by Progrexion and delivered to Marketer with a corresponding insertion order. The queue position for the Script shall not be later than the first offer of an alternative product or service by the call center agent (i.e., immediately following the completion of the inquiry or service requested by such customer, which lead to the customer calling Marketer’s call center), unless Progrexion and Marketer mutually agree to and specify an alternate queue position in a corresponding insertion order. Marketer’s call center agents shall read the Script questions verbatim. Progrexion, in its sole discretion, may update or modify the Script or test different formulations of the Script and Marketer shall implement such new scripts within one (1) business day of confirmed receipt of the new script.
- Best Efforts. Marketer’s call center agents will devote their reasonable best efforts to transfer all such customers who express an interest in the products or services identified in the Script to a Progrexion Call Center, which will then attempt to market such products or services to each such customer. If permitted by an applicable insertion order, use of an approved IVR script shall be considered reasonable best efforts.
- Telecommunication Costs. Marketer shall be solely responsible for all telecommunications costs related to all calls prior to the transfer of the customer to a Progrexion Call Center.
- Forecasts. Within five (5) business days of a request during the term of this Agreement, Marketer shall provide Progrexion with a rolling 90 day forecast, made in good faith upon reasonably diligent preparation, of its anticipated number of transfers for each of the 90 days beginning with the first day on which the forecast is provided. The forecast shall state Marketer’s estimate of the number of customer calls anticipated to be transferred during each of the days in the 90 day period. In each forecast, Marketer may modify information provided in a prior forecast to more accurately reflect current information. Marketer shall use commercially reasonable efforts to ensure that its forecast is as accurate as possible.
- Reports. Upon request, Marketer will provide Progrexion with a report which shall consist of at least: (i) the number of customers who are read or otherwise are presented with the Script, and (ii) the number of customers who are transferred to a Progrexion Call Center. Upon request, Progrexion will provide Marketer with a report which shall consist of the number of customers who are transferred to a Progrexion Call Center.
- Affiliates. Neither Progrexion nor Marketer shall knowingly or intentionally solicit each other’s affiliates. Trade conferences, generalized advertisements, and communications sent to multiple affiliates about affiliate opportunities shall not be considered a knowing or intentional solicitation. Should an affiliate of its own accord contact Progrexion or Marketer, Progrexion or Marketer shall be free to pursue an affiliate relationship with that affiliate.
- PROPRIETARY RIGHTS
- Title and Ownership. This Agreement does not grant any title or ownership interests in any Advertising Materials to Publisher. All title and ownership in all Advertising Materials is retained and remains the exclusive property of its respective owner. Publisher shall have only those rights in or to the Advertising Materials explicitly granted to Publisher pursuant to this Agreement.
- Legal Challenges. At no time during this Agreement shall Publisher challenge or assist others to challenge the registration of any Advertising Materials, nor shall Publisher attempt to register for its own benefit any Advertising Materials or any materials that are confusingly similar to the Advertising Materials.
- REPRESENTATIONS AND WARRANTIES
- Intellectual Property. Each party represents and warrants to the other that no intellectual property used to perform this Agreement will infringe any third party patent, copyright, trade secret, or other proprietary right.
- Conflicting Obligations. Each party represents and warrants to the other that it is not currently bound by any other agreement, restriction, or obligation which in any way interferes or is inconsistent with this Agreement. Neither party shall assume any such obligation or restriction while this Agreement remains in force.
- Advertising Practices. To the extent that Publisher provides any advertising covered by such practices, Publisher represents and warrants that it will comply with the Advertising Practices identified in Section III.
- Disclaimer. PROGREXION DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- INDEMNIFICATION; LIMITATION OF LIABILITY
- Indemnification Generally. Each party (the “Indemnifying Party”) will defend, indemnify and hold harmless the other party (the “Indemnified Party”) from all damages, expenses, costs (including reasonable attorneys’ fees) and other liabilities arising from the reckless, willful or negligent acts or omissions of the Indemnifying Party, its employees or agents in connection with its obligations under this Agreement.
- Indemnification for Warranties and Representations. Each party agrees to indemnify and hold the other party harmless from and against all direct costs, losses, damages, liabilities and expenses, including reasonable attorneys’ fees, attributable to any claim arising from an alleged breach of the Indemnifying Party’s representations and warranties, provided that (i) the Indemnified Party gives prompt written notice of any such claim of which the Indemnified Party has knowledge; and (ii) that Indemnifying Party receives the full cooperation of the Indemnified Party in the defense thereof.
- Limitation of Liability. Neither party will be liable to the other for any special, indirect, exemplary, punitive or consequential damages (for example, lost profits), even if the parties know about the possibility of these damages.
- Time. Except for cases involving fraud on the part of the Publisher, no action will be brought against either party more than 12 months after the cause of action first arises.
- CONFIDENTIAL INFORMATION
- Survival. All confidentiality provisions shall survive termination of this Agreement and continue to remain enforceable.
- Acknowledgment. Publisher acknowledges and agrees that any Confidential Information received from Progrexion during the course of this Agreement is a valuable trade secret, constituting the confidential and proprietary property of Progrexion. Progrexion has taken steps that are reasonable under the circumstances to protect the confidentiality of such information. Such information derives economic value from not generally being known to and not readily being ascertainable by others.
- Ownership. Both parties further agree that all Confidential Information and all documents that contain, reflect or are generated from Confidential Information are the sole and exclusive property of the disclosing party.
- Non-Use and Non-Disclosure. Both parties shall: (i) stringently protect the confidentiality of all Confidential Information and, (ii) not disclose Confidential Information to any third party, except as needed in connection with the performance of its obligations under this Agreement to the benefit of the Disclosing Party, and even then only to third parties that have signed a non-disclosure agreement containing provisions substantially as protective as the terms of this Agreement, and (iii) will not use, copy, or modify Confidential Information except as authorized for the benefit of the Disclosing Party. A party may disclose the other party’s Confidential Information if required by law so long as the other party is given prompt written notice prior to disclosure and the party assists in obtaining an order protecting Confidential Information from public disclosure.
- Confidentiality of Agreement. Neither party will not disclose the terms of this Agreement to any third party without the consent of the other party, except (i) as required by applicable laws, or (ii) to qualified legal, accounting, or other professionals who represent the party and are obligated to maintain this Agreement in confidence.
- Employees. During the term of this Agreement, and for a period of one year thereafter, neither party shall directly or indirectly solicit for employment, or advise or recommend to any other person, firm, business or entity that they employ or solicit for employment, any employee of the other party or any employee of an affiliated business of the other party.
- GENERAL PROVISIONS
- Governing Law. This Agreement is governed by Utah law without reference to its conflict-of-laws principles and will be deemed to have been entered into and wholly performed within Utah.
- Dispute Resolution and Venue. In the event of any dispute, controversy or claim (collectively “Dispute”) arising out of or relating to this Agreement, the parties shall meet and attempt in good faith to satisfactorily resolve the Dispute. Any Dispute not so resolved shall be resolved exclusively in the federal or state courts located in Salt Lake City, Utah. The parties waive any right to a jury trial and irrevocably consent to the personal jurisdiction and exclusive venue of those courts.
- Attorneys’ Fees and Costs. If any litigation or arbitration proceeding is commenced in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees (including allocated costs for in house legal services), costs and necessary disbursements incurred in such action or proceeding, as determined by the court or arbitrator.
- Equitable Relief. Any breach of a party’s obligations with respect to intellectual property or confidentiality rights will cause irreparable injury for which there are no adequate remedies at law. The aggrieved party will be entitled to seek equitable relief in addition to all other remedies and money damages that may be available, without the posting of bond or other security, or if required, then the minimum bond or security so required.
- Amendments. Any amendment or modification to this Agreement must be in writing signed by both parties.
- Assignment. This Agreement will be binding upon and will inure to the benefit of each party and its successors and assigns; provided that, neither party will assign or transfer its rights under this Agreement by operation of law or otherwise, without the other party’s prior written consent which will not be unreasonably withheld, except that either party may assign its rights and obligations to a parent, subsidiary or affiliate as long as the assignment does not result in a substantial change to the Agreement or otherwise cause a breach of this Agreement.
- Waiver. The waiver or failure of either party to exercise any right provided for in this Agreement will not be deemed a waiver of any further or future right under this Agreement.
- Severability. The invalidity or unenforceability of any term or provision in this Agreement will not affect the validity or enforceability of any other term or provision in this Agreement.
- Entire Agreement. This Agreement is the final, full and exclusive statement of the agreement between Progrexion and Publisher with respect to the subject matter set forth herein. It supersedes all prior agreements and inducements relating to the subject of this Agreement. No promise or agreement made at or after the execution of this Agreement is binding unless it is written and signed by both parties. Section headings are for convenience of reference only, will not be construed to limit or extend the meaning of any provision and will not be relevant in interpreting this Agreement. As used in this Agreement, the term “including” means by way of example and not limitation. Each party acknowledges and agrees that it has had the opportunity to seek independent legal and financial advice and has either done so or waived its opportunity to do so, and therefore any no presumptions with respect to the drafter shall apply in connection with interpreting this Agreement.
- Counterpart and Facsimile. This Agreement may be executed in counterparts and, when fully executed, will be deemed effective. The executed Agreement may be delivered by electronic facsimile transmission.
- Intentional Risk Allocation. The provisions of this Agreement reflect an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. This voluntary allocation was a material part of the bargain between the parties and the economic and other terms were negotiated and agreed to by the parties in reliance on that allocation.
- Independent Contractors. The parties are independent contractors. Under no circumstances will the employees of one party be deemed the employees of the other. This Agreement does not grant authority for either party to act for the other in an agency or other capacity, or to make commitments of any kind for the account of or on the behalf of the other.
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