Affiliate Program Agreement
agreement is between Lion Fortress Credit, LLC, a Washington Limited Liability
Corporation (“Lion Fortress”) and the Affiliate. The Affiliate shall mean the
person or entity identified in the signature line of this agreement. This
agreement contains the complete terms and conditions that apply to
participation as an affiliate of the affiliate program of Lion Fortress.
<![if !supportLists]>1. <![endif]>Definitions.
Brand Guide is
defined as a document created and updated from time to time by Lion Fortress
governing the composition, design, and general look-and-feel of their branding.
Schedule is defined as a document Lion Fortress provides to Affiliates,
and may amend from time to time at Lion Fortress’s sole discretion,
detailing affiliate commissions.
Information, except as otherwise provided in this agreement, is defined as all
information disclosed by Lion Fortress to the Affiliate, whether furnished
before or after the date of this agreement and regardless of the manner in
which it is furnished. Confidential Information includes, without limitation,
any: performance, sales, financial, contractual, personnel, marketing
information, ideas, technical data and concepts, formula, pattern, program,
method, technique, process, design, business plan, business opportunity,
customer list, prospective client list, lender list, personnel list or
financial statement which derives independent economic value or commercial
advantage, actual or potential, for not being generally known to the public or
to the other persons who can obtain economic value from its disclosure or use
and is subject to efforts that are reasonable under the circumstances to
maintain its secrecy. This Confidential Information remains the exclusive
property of Lion Fortress. Confidential Information does not include
information that: (a) is now or subsequently becomes generally available to the
public through no wrongful act or omission of the Recipient; (b) the Recipient
can demonstrate to have had rightfully in its possession prior to disclosure to
the Recipient by Lion Fortress; or (c) the Recipient rightfully obtains from a
third party who has the right to transfer or disclose it.
Direct Lead is
defined as a Potential Client the Affiliate has vetted and personally transfers
to Lion Fortress to convert into a Sale.
defined as a term for Direct Leads and/or Link Leads, either singular or
Link Lead is
defined as a Potential Client that clicks through a legitimate link operated by
the Affiliate that transfers them to Lion Fortress and clearly informs the
potential client that they are seeking services and communication from Lion
fortress for the purpose of credit repair.
is defined as a person or business that has no previous affiliation or
connection to Lion Fortress and who is directed to Lion Fortress as either a
Direct Lead or a Link lead and is interested in engaging Lion Fortress for
credit repair services.
Sale is defined
as the moment that credit repair services have been fully rendered to a client by
Lion Fortress and the client has fully paid Lion Fortress for said services,
and the client was either a Direct Lead or a Link Lead generated by the
<![if !supportLists]>2. <![endif]>Enrollment in the Affiliate
Program. To become an affiliate, you must submit
this signed agreement and any additional information required by Lion Fortress
to vet you, your organization, or website, or to comply with state or federal
laws. Lion Fortress will evaluate your application, organization, or website.
Lion Fortress may reject you as an affiliate if it determines, in their sole
discretion, that your business, organization, or website is unsuitable for the
<![if !supportLists]>3. <![endif]>Marketing Materials. Lion Fortress will make available to Affiliates, and update from
time to time, fliers, brochures, banner advertisements, button links, text
links, and/or other graphic or textual material for display and use (“Marketing
Materials”). Affiliate shall follow the Brand Guide in all use of Marketing
Materials and with the Lion Fortress name, logo and brand generally. Affiliate
shall promptly update any use of Lion Fortress Marketing Materials or use of
the Lion Fortress name, logo, and brand to reflect any updates to the Brand
Guide upon notification of said update. If seeking Link Leads, Affiliate shall
display appropriate Marketing Materials on their website prominently and as
Affiliate sees fit, provided that the manner of display must be subject to the
terms and conditions of this agreement and the Brand Guide. Affiliates gathering
Link Leads shall also include a link to Lion Fortress’s website, as specified
by Lion Fortress in the way required to authenticate which affiliate the Link
Lead came from.
<![if !supportLists]>4. <![endif]>Marketing Practices. Affiliate shall not engage in any deceptive or fraudulent marketing
practices. Any Leads, Potential Clients, or other data Affiliate provides to
Lion Fortress must be obtained, collected, and compiled using methods that
fully comply with all applicable state and federal laws and regulations.
<![if !supportLists]>a. <![endif]>Telemarketing. Affiliate shall ensure that no Leads or other data on Potential
Clients includes any records of those who have made an inquiry (as that term is
used in the Telemarketing Sales Rule and any applicable laws) about credit
repair services, sufficient to satisfy the requirements of an Established
Business Relationship as defined in the Telemarketing Sales Rule), and that
they have not subsequently requested to be added to Affiliate’s internal
do-not-call list pursuant to the National Do Not Call Registry. Affiliate
agrees not to share or market any data it provides to Lion Fortress with any
other party that has any business, services, or pursuits similar with those of
Lion Fortress. Affiliate shall maintain records, and shall
supply such records to Lion Fortress upon request, evidencing that (a) it
complies with the National Do Not Call Registry, (b) it maintains and complies
with an internal do-not-call-list, and (c) relevant information about the
Potential Client’s inquiry about services, such as e-mails, call logs, notes,
IP addresses, and date/time stamps.
<![if !supportLists]>b. <![endif]>E-mail Marketing. All Affiliate e-mail messages must comply with the CAN-SPAM Act and
other applicable state and federal laws, rules and regulations. All Affiliate
commercial e-mail messages must contain:
<![if !supportLists]> i. <![endif]>An unsubscribe link;
<![if !supportLists]> ii. <![endif]>A physical address;
<![if !supportLists]> iii. <![endif]>Clearly identify the message as an ad; and
<![if !supportLists]> iv. <![endif]>Clear “Subject” and “From” lines that are accurate and not
Affiliate may only provide Lion Fortress Leads from
Potential Clients that have given affirmative Consent (as defined in the CAN
SPAM Act and other applicable state laws) to receive third party commercial
e-mail advertising messages regarding credit repair services and have not
subsequently sent an unsubscribe request revoking this affirmative consent.
Affiliate will fully comply with and respect opt-out and/or unsubscribe
requests in a timely fashion. Affiliate shall maintain records,
and shall supply such records to Lion Fortress upon request, evidencing
(a) maintenance and compliance with a regularly updated list all unsubscribe
requests in accordance with the CAN SPAM Act); the affirmative consent, such as
the language used to obtain such consent to receive email, any applicable IP
address(es), and the time and date stamps of such consent. Affiliate will
further update Lion Fortress of any subsequent unsubscribe request or
revocation of affirmative consent.
<![if !supportLists]>c. <![endif]>Affiliate Identification. Affiliate shall clearly differentiate between the Affiliate and
Lion Fortress in all marketing and advertisements. Affiliate shall not claim or
indicate that they in any way represent or are acting on behalf of Lion
Fortress. Affiliate shall ensure all Marketing Materials and advertisements
comply with 16 C.F.R. Part 255, including ensuring every advertisement that
includes Affiliates endorsement and/or personal experience with Lion Fortress
contains a clear and conspicuous identification that Affiliate is either being
paid or has received a promise of compensation in exchange for the endorsement.
<![if !supportLists]>5. <![endif]>Term and Termination. This agreement commences when executed by all parties and ceases
when terminated by either party. Either party may terminate this agreement for
any days upon seven (7) days written notice to the other party. In the event
that Affiliate materially breaches this agreement and Lion Fortress terminates
this agreement within thirty (30) days of being notified of said breach, then
any accrued and payable commissions owed to Affiliate are forfeited, and Lion
Fortress will have no obligation to pay any amounts to Affiliate.
<![if !supportLists]>6. <![endif]>Affiliate Commission. In exchange for each Sale,
and for the Affiliate’s compliance with this agreement, Lion fortress shall pay
Affiliate a commission in the amount specified in the Commission Schedule in
effect at the time the Lead resulting in the Sale is provided by the Affiliate.
Lion Fortress shall pay the commission within thirty (30) business days of the
Sale. Affiliate waives their commission if they fail to adhere to the marketing
practice requirements of this agreement, or in any way violates the law or
otherwise misleads the Lead.
<![if !supportLists]>7. <![endif]>Responsibility of Affiliate
<![if !supportLists]>a. <![endif]>Affiliates must affirm for all Leads
that they provide to Lion Fortress:
<![if !supportLists]> i. <![endif]>They have not given the Potential Client 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;
<![if !supportLists]> ii. <![endif]>They have not made any statement or given any advice or counsel that
is contrary to state or federal credit repair laws;
<![if !supportLists]> iii. <![endif]>They have not claimed or implied in any advertisement or statement
to be contacting the Potential Client on behalf of Lion Fortress or claimed to
themselves be a credit repair organization; and
<![if !supportLists]> iv. <![endif]>They have not claimed to be an agent of or speaking on behalf of
<![if !supportLists]>b. <![endif]>Affiliates must affirm for
every Direct Lead they provide Lion Fortress:
<![if !supportLists]> i. <![endif]>They have spoken with the Potential Client personally about their
needs for credit repair;
<![if !supportLists]> ii. <![endif]>They have informed the Potential Client that Lion Fortress will be
contacting them about the next steps in addressing their credit repair needs;
<![if !supportLists]> iii. <![endif]>The Potential Client acknowledged that Lion Fortress will be
contacting them and have expressed interested that Lion Fortress do so.
<![if !supportLists]>c. <![endif]>Affiliates must affirm for
every Link Lead they provide Lion Fortress:
<![if !supportLists]> i. <![endif]>They have not used deception, fraud, or malware to direct the
Potential Client to Lion Fortress’s website.
<![if !supportLists]>8. <![endif]>Audit. If the Affiliate believes they have not been paid for a Sale, they
should request the status of the Lead they believe they have not received a
commission for. If they do not receive a satisfactory response regarding a
Sale, they may request an audit of their Leads. No more than twice in any
twelve-month period, the Affiliate has the right, at its expense, upon thirty
(30) business days written notice to inspect and audit the directly relevant
books and records of Lion Fortress for the purpose of verifying any reports,
information or payments due to Affiliate under this agreement. Any such audit
shall be conducted by a firm of independent certified public accountants reasonably
acceptable to Lion Fortress. In the event of any short fall is found and
payment is made to the Affiliate which exceeds the Affiliate’s cost for the
Auditor’s reporting and auditing, Lion Fortress shall reimburse the Affiliate
for the reasonable fees of the accountants conducting the audit.
<![if !supportLists]>9. <![endif]>Confidential Information. Affiliate, and all of Affiliate’s employees, agents, and
representatives are required to sign a separate confidentiality agreement
provided by Lion Fortress.
<![if !supportLists]>10. <![endif]>License. Lion Fortress hereby grants to
Affiliate a nonexclusive, nontransferable license to use the Marketing
Materials as specified under the terms and conditions of this agreement. The
term of the License expires upon the expiration or termination of this
<![if !supportLists]>11. <![endif]>Intellectual Property. Lion Fortress
retains all right, ownership, and interest in the Marketing Materials, and in
any copyright, trademark, or other intellectual property in the Marketing
Materials. Nothing in this agreement shall be construed to grant Affiliate any
rights, ownership or interest in the Marketing Materials, or in the underlying
intellectual property, other than those specified in this agreement.
<![if !supportLists]>12. <![endif]>Relationship of the Parties. This agreement
should not be construed to create any employment relationship, agency
relationship, or partnership between Lion Fortress and Affiliate. Affiliate
shall provide services for Lion Fortress as an independent contractor.
Affiliate shall have no authority to bind Lion Fortress into any agreement, nor
shall Affiliate be considered to be an agent of Lion Fortress in any respect.
<![if !supportLists]>13. <![endif]>Indemnification. Affiliate shall
indemnify Lion Fortress and hold harmless Lion Fortress against any claim,
damage, lawsuit, action, complaint, or other costs arising directly or
indirectly from any breach of Affiliate’s obligations and warranties as set
forth in Section 4 or Section 7 above. Affiliate shall also indemnify and hold
harmless Lion Fortress for any damage, loss or other cost arising out of the
misuse by Affiliate of any Marketing Materials Lion Fortress provides.
<![if !supportLists]>14. <![endif]>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. Neither party will have any liability
for any failure or delay resulting from any governmental action, fire, flood,
insurrection, earthquake, power failure, riot, explosion, embargo, strikes
whether legal or illegal, labor or material shortage, transportation
interruption of any kind, work slowdown or any other condition affecting
production or delivery in any manner beyond the control of that party. Except
for cases involving fraud on the part of the Affiliate, no action, regardless
of form, arising in connection with this agreement, will be brought against
either party more than one (1) year after the date such cause of action first
<![if !supportLists]>15. <![endif]>Independent Contractors. This agreement does
not create any employment relationship, agency relationship, or partnership
between Lion Fortress and Affiliate. Affiliate shall provide services for Lion
Fortress as an independent contractor. Affiliate shall have no authority to
bind Lion Fortress into any agreement, nor shall Affiliate be considered to be
an agent of Lion Fortress in any respect.
<![if !supportLists]>16. <![endif]>Taxes. Lion Fortress is not responsible
for any taxes owed by Affiliate arising out of Affiliate’s relationship with Lion
Fortress. Lion Fortress will not withhold any taxes from the commissions paid
to Affiliate. Affiliate shall provide Lion Fortress with any information required
to comply with any state or federal tax laws, rules, and regulations, if
appropriate, such as for the issuing of 1099’s.
<![if !supportLists]>17. <![endif]>Amendments. This agreement may be amended by Lion
Fortress with thirty (30) days written notice. If Affiliate declines the
amendment in writing, this agreement will terminate immediately.
<![if !supportLists]>18. <![endif]>Governing Law. This agreement is
governed and construed in accordance with the laws of the State of Washington.
<![if !supportLists]>19. <![endif]>Entire Agreement. This agreement contains the entire agreement
relative to the protection of information to be exchanged under it, and supersedes all prior to contemporaneous oral or
written understandings or agreements regarding the issue. This Agreement may not be modified or
amended, except in a written instrument executed by the parties.
<![if !supportLists]>20. <![endif]>Headings. The headings in this agreement are inserted
for convenience only and are in no way intended to describe, interpret, define,
or limit the scope, extent or intent of this Agreement or any provision of it.
<![if !supportLists]>21. <![endif]>No Agency. Nothing contained in this agreement grants to
either party the right to make commitments of any kind or on behalf of any
other party without the prior written consent of that other party.
<![if !supportLists]>22. <![endif]>Assignment. This agreement may not be assigned or
otherwise transferred by either party in whole or in part without the express
prior written consent of the other party, which consent shall not unreasonably
be withheld. This consent requirement does
not apply in the event either party changes its corporate name, restructures,
or merges with another corporation. This agreement benefits and is binding upon
the successors and assignees of the parties.
Effective January 1, 2021
commissions for are listed below. Affiliates are paid as First Tier Affiliates
on those sales that they directly generate. Affiliates are paid as Second Tier
Affiliates on those sales that are generated by other affiliates that have
signed up as affiliates under the affiliate being paid the second-tier
First Tier Affiliates: $300
Second Tier Affiliates: $200
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