CLICKinsure.com, its parent company, The
Liberty Company Insurance Brokers, Inc., and all related
entities, (hereinafter referred to as “CLICKinsure”) is
a licensed insurance broker
and desires to identify new prospects and customers by
establishing relationships with Internet businesses, publishers,
advertisers, and various other online entities who may
benefit by directing their visitors and customers to CLICKinsure.com
(hereinfafter referred to as “AFFILIATE”).
In order to be compensated as an AFFILIATE,
you agree to the Terms and Conditions of this Agreement.
By agreeing to the Terms and Conditions of this Agreement,
you are in no way guaranteed to be accepted as a CLICKinsure
affiliate and CLICKinsure is in no way obligated to designate
you as an affiliate.
CLICKinsure and AFFILIATE are entering into
a simple business agreement in the best interests of both
parties. CLICKinsure and AFFILIATE are independent businesses,
and nothing in this Agreement will create any partnership,
joint venture, agency, franchise, sales representative,
or employment relationship, or the relationship of principal
and agent between the parties.
All copyrighted material and trademarked
names and logos used in accordance with this Agreement
by either or both parties remain the exclusive intellectual
property of the respective originating or issuing parties.
No transference of intellectual property ownership or
conveyance of rights is intended or conferred in this
Agreement. Sales and interests in this Agreement may not
be transferred or sold to any other entity and all business
between the parties is subject to the terms of this Agreement.
Both parties will be held to confidence in any matters
of business with regard to this Agreement.
AFFILIATE shall indemnify and hold CLICKinsure
harmless from any and all legal actions, damages or liabilities
incurred from the day-to-day operations of AFFILIATE.
Under no circumstances will CLICKinsure be liable whether
in tort, contract or otherwise for indirect, incidental,
consequential, special or exemplary damages (including
but not limited to damages for any loss of revenue, profits,
business interruption, loss of business information or
data, loss of goodwill, work stoppage, hardware or software
failure, or other pecuniary loss) arising from or relating
to any provision of this Agreement or the program. Without
limiting the foregoing, CLICKinsure aggregate liability
arising with respect to this Agreement will not exceed
the total fees paid or payable to AFFILIATE under this
agreement.
CLICKinsure will own all right, title and
interest in and to all information that is created or
collected in the operation of the CLICKinsure site and
reserves the right to amend or terminate this Agreement
at any time, with or without notice to AFFILIATE. Furthermore,
CLICKinsure will own all right, title and interest to
any and all insurance business that results from prospects
referred by AFFILIATE and AFFILIATE hereby waives and
releases all claims of right or ownership thereto.
It is the full responsibility of AFFILIATE
to market CLICKinsure in a legal, ethical and honest fashion
and AFFILIATE agrees that CLICKinsure will be held harmless
from any and all actions of AFFILIATE and AFFILIATE marketing
and promotional programs. Affiliate shall at all times
comply with all local and Federal spam, fax broadcast
and telemarketing laws. AFFILIATE further agrees and warrants
that it will comply with all local, state and federal
laws (including, but not limited to, the "CAN-SPAM"
Act, effective January 1, 2004) regarding the sending
of e-mails.
AFFILIATE shall not issue nor cause to be
issued any news/media/press release that uses the CLICKinsure
logo or trademarks(s) without prior written consent from
CLICKinsure.
Any AFFILIATE advertisement that does not
comply with applicable local, state or federal laws is
strictly forbidden and shall be expressly defined as unauthorized
use of CLICKinsure's trademarks, marks and names. Should
action be brought against CLICKinsure for such activity
by AFFILIATE, AFFILIATE agrees to bear all costs and penalties
associated with such activity including, but not limited
to CLICKinsure's legal costs for any alleged infraction
of these laws.
CLICKinsure reserves the right to amend
all pricing plans, commissions or conditions relative
to this Agreement. CLICKinsure reserves the right to terminate
any affiliate with or without cause at the sole discretion
of CLICKinsure with or without notice. By joining the
CLICKinsure affiliate program, AFFILIATE is tendering
his/her personal guarantee of these terms and conditions.
For commission purposes, AFFILIATE will
be paid for each visitor that lands on the CLICKinsure
site after clicking through directly from a link on AFFILIATE’s
site and the visitor completes the Auto
Insurance or Home
insurance Instant Rate
Quote screens on the CLICKinsure site (hereinafter
referred to as “Completed Quote”).
Visitors that click through from AFFILIATE to CLICKinsure
and merely start the Instant Rate Quote
process by registering their Name, E-Mail Address, and
Zip Code (hereinafter referred to as “Registration”),
but do not complete the Instant Rate Quote
screens, do not qualify as a Completed Quote
and will not be compensated for.
CLICKinsure.com will post all Registrations
and Completed Quote statistics
to the affiliate tracking system at the time activity
has occurred. All payments to AFFILIATE for a given month
will be calculated and processed by the 15th day of the
following month.
The laws of the State of California shall
govern this Agreement. Should there be any legal dispute
between the parties, then both parties agree to take the
matter before arbitration/mediation in Los Angeles County,
CA should CLICKinsure request arbitration/mediation in
lieu of formal legal process. Both parties mutually agree
that the sole legal venue for all disputes shall be in
Los Angeles County, CA.
