DiscountAdvances Affiliates

This Publisher Agreement, made and entered by and between DiscountAdvances (“we” or “DiscountAdvances”) and you, the Publisher (“you / your” or “Publisher”), contains the complete terms and conditions that apply to your participation as a Publisher in the DiscountAdvances Publisher Network Program (the “Affiliate Program”, “Publisher Program” or “Program”) and the establishment of links from your Publisher website to the DiscountAdvances web site. By submitting an application for participation in this program, you confirm that you have reviewed and agree to be bound by these terms.

1. Enrollment in the Publisher Network
To begin the enrollment process and become a “Publisher Site”, you must be a legal United States resident (or a business located in the U.S.) or operate a website whose target audience is primarily United States residents, and you must submit a complete Publisher Network application to DiscountAdvances.
DiscountAdvances will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. DiscountAdvances may reject your application if DiscountAdvances determines (in its sole discretion) that your site is unsuitable for the Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable. DiscountAdvances may terminate your participation at any time.

2. Defined Terms
“Advertiser” means any person who owns or operates a Site and/or other business that can acquire customers or other types of end users by way of the Internet.

“Approved application” means an application that in DiscountAdvances’s sole discretion is approved for a loan. The consumer must click on a DiscountAdvances link on a Publisher’s site, be directed to DiscountAdvances’s site, complete an application with valid, accurate data, and submit the application to DiscountAdvances.

“Content” means information, data, text, documents, software, music, sound, photographs, graphics and video.

A “corporate affiliate” of a person is any other person that, directly or indirectly, controls such person, is controlled by such person, or is under common control with such person, with “control” meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person.

An “end user” means an actual or potential consumer, customer or other natural person.

An “Advertiser Engagement” means any type of agreement or arrangement between a Network Advertiser and any Network Publisher or between DiscountAdvances and any Network Publisher that can be performed on or in relation to the Internet, including affiliate marketing, performance-based linking, insertion order, or any other type of agreement or arrangement.

A “DiscountAdvances Engagement” means any type of agreement or arrangement between DiscountAdvances and any Network Publisher that can be performed on or in relation to the Internet, including affiliate marketing, performance-based linking, insertion order, or any other type of agreement or arrangement.

An “entity” means a sole proprietorship, corporation, partnership, limited liability company, trust, government agency or instrumentality or other entity recognized by law as a legal person separate from its owners.

The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”

“Intellectual Property Rights” means technology, templates, designs, Sites, methodologies, processes, names, strategies, marks, logos, Content, documentation, training manuals, and other materials, as well as any and all patent, trade secret, trademark, copyright and other intellectual property and proprietary rights therein and thereto.

A “link” means any software, software code, programming or other technology or method (or any combination of the foregoing) that (i) creates a hyperlink between two Sites, or (ii) otherwise causes a Web access device to display to its user a “banner,” “button,” text-mention, word, phrase, logo or other textual or graphical material that, when activated by a person, results in a Site being served to such person or such person being able to electronically access, receive or obtain Content, products, services or other offerings from the linked Site.

The phrase “provided by DiscountAdvances” or “DiscountAdvances-provided” shall, when used in relation to tools, services, resources or other offerings, encompass the provision thereof by DiscountAdvances or DiscountAdvances Related Parties.

The phrase “tracked by DiscountAdvances” or “DiscountAdvances-tracked” shall, when used in relation to any engagement, encompass the tracking thereof by DiscountAdvances or DiscountAdvances Related Parties.
“Network Advertiser” refers to an Advertiser that participates on the DiscountAdvances Network and, through such participation and use of the appropriate DiscountAdvances Offerings, desires or seeks to recruit Network Publishers to enter into engagements with such Advertiser in order to display, distribute or place its qualifying links for compensation.

“Network Publisher” refers to a Site that participates on the DiscountAdvances Network and, through such participation and use of the appropriate DiscountAdvances Offerings, desires or makes itself available to be recruited or to enter into engagements to display, distribute or place qualifying links of Network Advertisers for compensation.

“Network Publisher Account Area” means, for any DiscountAdvances Network, the Webpage(s) or other area of the Site having the URL designated from time to time by DiscountAdvances for use by members of that Network for the purpose of facilitating formation of qualifying links, accessing reports and otherwise participating in such DiscountAdvances Network. A “person” is to be broadly construed and includes any natural person or entity.

A “qualifying link” means any type or format of link that is provided or authorized by DiscountAdvances or a Network Advertiser to be displayed, distributed or placed on or by a Site pursuant to an engagement and which, through addition and/or use of any technology and/or methodology, can be tracked so that such DiscountAdvances or a Network Advertiser can monitor the impressions, click-throughs and/or other tracked activities achieved by the display, distribution and/or placement of such link. The term “qualifying link” shall also refer to any equivalent link, mechanism or technology that, upon being activated, causes the same result as clicking on a qualifying link.

“Site” means, as the context requires, either (a) one or more Web pages, database, computer files, emails, scripts, software or other application, or other destination, together with supporting files and programming, that are on, provided, or accessible through the Web or works on or in relation to the Web, or (b) a person owning or operating any such Site, or (c) both. A person that owns or operates a Site may have offline businesses which would not preclude it from being a Site for the purposes of this Agreement.

A “tracked activity” means any type of preagreed or predefined activity or result that is sought by an Advertiser in relation to a qualifying link. The kinds of tracked activities that an Advertiser may seek to promote through such arrangements may include, by way of example, impressions, click-throughs, the sale of products or services, the downloading of software, files or other items, the completion of an application, registration or other form, the opening of an account, membership enrollment, or any other kind of action, transaction or activity that can be tracked and reported upon.

“Web” or “Internet” or “online” means the global computer network currently referred to as the Internet, including the World Wide Web, and any and all successor networks, irrespective of what wired, wireless or otherwise connected device, platform or technology is used to access it.

3. Promotion of the DiscountAdvances Program
If you are accepted into the Publisher Program, we will make available to you via DiscountAdvances’s Affiliate site a variety of graphic and textual links (collectively, the “Links”), which, subject to the terms and conditions of this Agreement, you may display on your site. The Links will serve to identify your site as a member of the Publisher Program and will establish a link from your site to ours.

4. DiscountAdvances Logos and Trademarks
a. DiscountAdvances grants you the non-exclusive, non-transferable, non-sublicenseable, fully revocable license to (i) access our site through the links solely in accordance with the terms of this Agreement; and (ii) solely in connection with such links, to use the DiscountAdvances® trademark and logo and similar identifying material relating to DiscountAdvances (but only in the form(s) that they appear in the Network interface for Publishers) (collectively, the “DiscountAdvances Materials”), for the sole purpose of linking your site to our site, where your users can apply to DiscountAdvances. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE DISCOUNTADVANCES MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE DISCOUNTADVANCES MATERIALS TO THE EXTENT THAT YOU ARE A MEMBER IN GOOD STANDING OF THE PUBLISHER NETWORK. This license shall expire and/or terminate upon the effective date of the expiration or termination of this Agreement. DiscountAdvances reserves all of our rights in the DiscountAdvances Materials and in our other proprietary rights. DiscountAdvances may revoke your license at any time, by giving you written notice.
b. You grant to DiscountAdvances a non-exclusive license to utilize your names, titles, and logos (the “Publisher Trademarks”), to advertise, market, promote, and publicize in any manner our rights hereunder; provided, however, that DiscountAdvances shall not be required to so advertise, market, promote, or publicize. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
c. Upon termination of this Agreement, the rights set forth in this section shall cease and both parties agree to promptly remove all Links and references to the other party and their materials as set forth hereunder from their respective sites.

5. Commission Process
a. To be eligible for a commission, Publisher must direct traffic to the DiscountAdvances site from a DiscountAdvances provided link, a customer must complete and submit a valid application, and the application must be approved by DiscountAdvances.
b. Approval or rejection of a customer application is in the sole discretion of DiscountAdvances.
c. Commissions will not be earned or paid unless the applicant to the DiscountAdvances site is tracked by the system through the use of the DiscountAdvances provided links. DiscountAdvances as the sole discretion in determining if a transaction tracked. Scenarios that could occur resulting in the Publisher not earning a commission, which are for illustrative purposes only and can be changed at any time per DiscountAdvances’s discrection, are (i.) a customer visits the site of Publisher A but does not complete an application, (ii.) the same customer later visits the site of Publisher B and completes an application, Publisher B would earn the commission, or (iii.) a customer visits Publisher A’s site and 24 hours later visits the DiscountAdvances site directly without linking through Publisher A’s site.
d. Commissions will not be paid for incomplete applications, invalid name and address information, suspected or actual fraud, or any other applications that DiscountAdvances deems to be in violation of the terms of the Publisher Terms and Conditions Agreement.
e. The commission rate will be set within the DiscountAdvances Publisher Network site. Rates may change; Publishers will be notified.
f. Publisher must have complete and valid contact information, including but not limited to name, address, city, state, zipcode, country, phone number, and email address on file with DiscountAdvances and a valid W-9 prior to a commission check being mailed to Publisher. All commissions will be held until said information is provided.

6. Commission Payment
Publishers will receive payment for approved applications on a monthly basis for the commissionable transactions completed the previous month. Checks will be mailed through U.S.P.S. in U.S. denomination. Publisher must earn a minimum of $50.00 to receive a monthly check. Until the monthly minimum is reached, a check will not be mailed. Payment for any transactions deemed fraudulent and invalid will not be included in the monthly payment.

7. Reports
Publishers will create a user name and password to access the DiscountAdvances Publisher Network reporting site.

8. Creative
a. Using the DiscountAdvances name within the creative is permitted.
b. Implying in any way, that Publisher’s site is the “official” site is NOT permitted.
c. Using copyrighted or registered icons are NOT permitted.
d. All offers should be represented fairly and accurately.
e. Display URLs must represent the actual landing page to where traffic is being sent.

9. Search Policy
Publisher must adhere to the DiscountAdvances search policy guidelines set forth in Exhibit A.

10. DiscountAdvances Responsibility
DiscountAdvances will provide Publisher with:
a. A variety of graphic and textual links which Publisher may display on as many areas of the Publisher site as desired.
b. Marketing material.
c. Providing tracking links.
d. Processing applications.
e. Customer Service related inquiries, processes, and procedures.

11. Publisher Responsibility
Publisher responsibility includes but is not limited to:
a. Publisher will display graphic or textual links in a prominent area on the Publisher’s site.
b. Publisher will only display graphic and textual links that were provided by DiscountAdvances and will not modify the tracking link.
c. Publisher will not copy or reproduce any content retrieved from the DiscountAdvances site without prior written permission.
d. Publisher will update site information to comply with any Program changes DiscountAdvances implements.
e. Have sole responsibility for the development, operation, and maintenance of your site and for all content and other material that appears on your site.
f. Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind including, without limitation, any third party intellectual property rights.
g. Indemnify, defend, and hold harmless DiscountAdvances and each of its affiliates, subsidiaries and each of their respective shareholders, officers, directors, agents and employees from all claims, damages, and expenses (including attorneys fees and costs) relating to any breach of this Agreement by you as well as the development, operation, and contents of your site.
h. Ensure that your site does not copy or resemble the look and feel of DiscountAdvances or create the impression that your site is the official DiscountAdvances site.
i. Remove all links regarding sweepstakes and other similar promotions or time-sensitive content on the date such promotions end or content expires, and agree to forfeit any commissions earned after the end date of the promotions if you continue to post such links.
j. Publisher shall only use the DiscountAdvances materials for the purpose of generating applications for approval.
If DiscountAdvances determines Publisher is not in compliance with the terms of this Agreement, DiscountAdvances has the sole discretion to terminate the Publisher from the Network at which time, Publisher will remove all graphic and textual links and content from the Publisher site.

12. Email Policy
a. You agree to comply with the requirements of the CAN-SPAM Act of 2003 (the “Act”) or any other applicable law in its distribution of email that contains messaging regarding DiscountAdvances. More specifically, email that meets these criteria: May only be sent to recipients who have expressly given their advance consent to receive email via some affirmative means, such as an opt-in procedure.
b. You must have procedures for soliciting consent that includes reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given.
c. You must retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and DiscountAdvances’s requests to produce consent evidence within seventy-two (72) hours of receipt of the request.
d. Publisher must provide a valid physical postal address, Post Office Box is not acceptable of contracting party.
e. The body of the email must describe how the email address was obtained, for example, “You opted in to receive this email promotion from our website, or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received you email address please contact us at abuse@yourdomain.com.”
f. You must post an abuse@yourdomain.com email address on the first page of any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address.

g. You must provide a functioning return email address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial email, a reply email or other Internet-based mechanism to request not to receive future commercial email from Publisher – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line. Revocations of consent must be honored within 72 hours. The return address or Internet-based mechanism must be capable of receiving such messages for at least thirty (30) days after the transmission of the original message. Publisher may not send subsequent commercial email more than ten (10) business days after the recipient’s request not to receive further emails has been received (unless there is a subsequent affirmative consent by the recipient to receive such emails). Once Publisher receives such a request, Publisher may not sell, lease, exchange or otherwise transfer or release the email address of the recipient.
h. Your site may not contain false or misleading material, header information, or a deceptive subject heading. You may not obscure the source of your email in any manner. Your email must include the recipients email address in the body of the message or in the “TO” line of the email.
i. You must have a Privacy Policy posted for each domain associated with the mailing.
j. You must have the means to track anonymous complaints.
k. Your site does not (a) infringe trademark rights of yours or any third party or otherwise violate the rights of any third party, (b) contain sexually explicit materials, (c) contain hate/violent/offensive content, (d) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (e) promote illegal activities or otherwise violate any applicable laws, including those targeting “spyware,” “adware” or spam or (f) violate any intellectual property rights, including, without limitation, scraping text or images from DiscountAdvances’s website.
l. Before distribution of email that contains messaging regarding DiscountAdvances, Publisher agrees (1) to send the email addresses of all intended recipients of such email to DiscountAdvances, or a third party designated by DiscountAdvances, so that DiscountAdvances may identify those individuals who have notified DiscountAdvances that they do not want to receive emails from or about DiscountAdvances, and (2) to suppress the email addresses of those individuals, as identified by DiscountAdvances.
m. Publisher may not initiate or assist in the transmission of commercial email using an email address: (1) that was collected through automated means, from a third party website in violation of that third party’s posted privacy policy, or (2) that was generated through automated means by combining name, letters or numbers into numerous permutations. Publisher may not conduct fraudulent activities related to electronic mail, including but not limited to the material falsification of header or transmission information, the unauthorized use of someone else’s computer to send bulk commercial email, and the registration of an email account that materially falsifies the identity of the actual registrant.
n. Upon DiscountAdvances’s request, Publisher shall provide DiscountAdvances with documentation demonstrating that the recipients consented to receive the email at issue.
o. In the event of a breach of this addendum by Publisher and/or a third party or licensee, in addition to all other remedies available to it, DiscountAdvances shall have the right to refuse to make payments to Publisher as a result of Publisher’s efforts promoting DiscountAdvances, which efforts cannot be verified by Publisher as having complied with the terms and conditions of this addendum.

13. Ownership
Applicants that complete a DiscountAdvances application through the Publisher site will be deemed to be customers of DiscountAdvances for all purposes. Accordingly, all DiscountAdvances rules, policies, and operating procedures will apply to those customers. DiscountAdvances may change its policies and operating procedures at any time without advance notice to the Publisher.

14. Independent Contractors
You and DiscountAdvances are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.

15. Confidentiality
Except as specifically provided in this Agreement or with the consent of the other party hereto, each party agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Publishers. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.

16. Term of the Agreement
a. The term of this Agreement will begin upon acceptance by DiscountAdvances of your Publisher Network application and will end when terminated by either party with seven (7) days written notice sent to the address referenced in paragraph 12 (d) by registered mail, return receipt requested unless a breach of this agreement has occurred, in which case, the Agreement can be terminated immediately. Either party may terminate this Agreement by written notice at any time. You are only eligible to earn commission on valid qualified approved applications received by DiscountAdvances during the term, and commissions earned through the date of termination will remain payable only if the related valid qualified approved applications are processed through our online ordering system. DiscountAdvances may withhold your final payment for a reasonable period of time to verify our receipt of valid qualified approved applications to ensure that the correct amount is paid.
b. DiscountAdvances may in its sole discretion, immediately terminate this Agreement with written notice and without obligation to issue unpaid commissions if it determines that you have breached and/or failed to comply with law, rule, regulation, or any material provision, term, condition, obligation, or limitation contained in this Agreement and/or one or more of your websites is unsuitable for continued participation as a Publisher, as determined in the sole discretion of DiscountAdvances.

17. Representations and Warranties
You hereby represent and warrant to us as follows:
a. This Agreement has been accepted, duly and validly executed and/or electronically authenticated and delivered by you, and constitutes a legal, valid, and binding obligation, enforceable against you in accordance with its terms.
b. The execution, authentication, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
c. You are the sole and exclusive owner of the Publisher Trademarks and have the right and power to grant to us the license to use your trademarks in the manner contemplated herein, and such grant does not and will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
d. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.
e. There is no pending or threatened claim, action, or proceeding against you, or any Publisher of yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
f. You are at least 18 years of age, and the participating Publisher Website is targeted primarily to United States consumers.

18. Disclaimers
a. DISCOUNTADVANCES DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, THE PUBLISHER NETWORK, AND/OR ANY DISCOUNTADVANCES OFFER PROMOTED THROUGH THE PUBLISHER NETWORK (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, DISCOUNTADVANCES DOES NOT MAKE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND DISCOUNTADVANCES WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
b. DISCOUNTADVANCES DISCLAIMS ALL LIABILITY FOR ALL MATTERS RELATING TO THE DEVELOPMENT, OPERATION, MAINTENANCE AND CONTENT ON YOUR SITE. FURTHER, YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, DAMAGES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) RELATING TO THE DEVELOPMENT, OPERATION, MAINTENANCE, AND CONTENTS OF YOUR SITE.
c. DISCOUNTADVANCES WILL USE COMMERCIALLY REASONABLE EFFORTS TO PRESENT NON-CONFIDENTIAL INFORMATION RELATING TO ITS POLICIES AND PRICING, BUT DISCOUNTADVANCES DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY OF ANY PARTICULAR DISCOUNTADVANCES PRODUCT.
d. Each party agrees and represents that this Agreement does not in any way constitute approval, endorsement, or acceptance of the content of the other party’s webpage(s) or website(s). EACH PARTY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE CONTENT OF THE OTHER PARTY’S WEBSITE, INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATED TO INTELLECTUAL PROPERTY INFRINGEMENT, CONTENT ACCURACY, DEFAMATION, AND OTHER UNLAWFUL CONTENT. Each party reserves the right to place a disclaimer on its website or in promotional materials to reflect the disclaimers set forth herein.

19. Limitation of Liability
DiscountAdvances will not be liable to you or any third party for indirect, incidental, exemplary, punitive, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability to you or any third party arising with respect to this Agreement and the Program will not exceed the total commissions paid, or payable, to you under this Agreement.

20. Indemnification
You hereby agree to indemnify and hold harmless DiscountAdvances and its subsidiaries and Publishers, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Publisher Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

21. Spyware
We will refuse all applications or signups from Publishers which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate Publishers and their activities and, at our own discretion, determine whether or not these practices are in place. Publishers found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.

22. Anti-Spam Policy
Publishers will be terminated from the DiscountAdvances Program and forfeit any pending commissions if engaged in any spamming activity or otherwise breach the terms of the CAN-Spam Act.

23. Fraud
If you commit fraud or falsify information in connection with the registration of members in DiscountAdvances through the Links, then this Agreement will be terminated immediately. In addition, you will be liable to DiscountAdvances for any and all damages that DiscountAdvances suffers as a result of such actions. You will also be responsible for returning to DiscountAdvances all commissions received for fraudulent/falsified members, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.

24. Termination
DiscountAdvances may terminate this Agreement at any time in its sole discretion by giving written notice as provided in paragraph 12, even if your site has not changed since the time that your Publisher Program application was accepted. DiscountAdvances also reserves the right to monitor Publisher sites and, at any time, determine whether the sites are in compliance with this Agreement.

25. Governing Law
This Agreement will be governed by the laws of the United States and the State of TENNESSEE, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in TENNESSEE, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

26. Severability
The provisions of this Agreement including any addenda are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

27. Publicity
Publisher shall not distribute, publisher, or create any material or content referencing DiscountAdvances without prior written permission from DiscountAdvances. Breach of this term will result in immediate termination.
Per Click Addendum

28. Modification
DiscountAdvances may modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement will constitute binding and legal acceptance of the change.

29. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Exhibit A
Any Publisher engaged in search marketing for the DiscountAdvances brand is expected to adhere to the Discount Advances, guidelines as well as the specific rules dictated by each individual engine. Violation may result in immediate termination and forfeiture of commissions.
1. Your ad cannot appear for any search terms that include the branded DiscountAdvances name, domain URLs (e.g. www.DiscountAdvances.com, DiscountAdvances.com), domain terms with spaces (e.g. Pay Day Max), popular misspellings, or any other variations. Please include these terms as negative keywords to ensure listings do not appear on broad match results. See Exhibit B for examples of domains and extensions.
2. You may not use any phrase including “DiscountAdvances” or those letters in sequence in search engine bidding.

Exhibit B
Club Domain Examples
www.DiscountAdvances.com
DiscountAdvances.com

Examples of Domains & Extensions

• [domain].com
• [domain].at
• [domain].jp
• [domain].us
• [domain].tw
• [domain].vg
• [domain].name

• [domain].net
• [domain].de
• [domain].mobile
• [domain].cn
• [domain].tc
• [domain].tv
• [domain].edu

• [domain].ws
• [domain].biz
• [domain].nz
• [domain].ms
• [domain].org
• [domain].eu
• [domain].fm

• [domain].info
• [domain].uk
• [domain].be
• [domain].gov
• [domain].jobs
• [domain].tk
• [domain].cc

Partial Extensions and Misspellings

• [domain].
• [domain].copm

• [domain].c
• [domain].con

• [domain].co
• [domain].ogr