Email: Robert@CreditRA.com for a current PDF copy of the Liberty Tax Affiliate Agreement.
Liberty Tax Franchisees,
It was fantastic meeting
everyone at the 2015 convention. I hope that everyone had a great time and made
it home safely!
Now, it's time to get
back to business as you still need to make money in the off-season. We have the
BEST Credit Repair affiliate program in the country.
If you have not signed
up... what are you waiting for? Please print, and sign
the following affiliate agreement and get back to us as soon as possible. Scan and email or fax to secure: 804-767-1839. REQUEST DOCU-SIGN e-signature HERE: robert@creditra.com subject line: DocuSign Affiliate Agreement.
*** Please include your direct phone number (one that you will answer), and your preferred email address. Also, we need the addresses and numbers of your individual stores.
Also - depending on your internet browser, the formatting of this agreement might look a little strange. Please email: Robert@creditra.com for a fresh PDF copy of the complete affiliate agreement.
Affiliate program. Referrals who signed up as new clients in the CRA credit improvement program:
*** Please include your direct phone number (one that you will answer), and your preferred email address. Also, we need the addresses and numbers of your individual stores.
Also - depending on your internet browser, the formatting of this agreement might look a little strange. Please email: Robert@creditra.com for a fresh PDF copy of the complete affiliate agreement.
Credit
Repair Affiliate Agreement for Liberty Tax Franchisees
This
Agreement is between the undersigned Participant and CRA Alliant Companies Inc.
D/B/A Credit Restoration Associates
(CRA). Each may be referred to as a “Party” or collectively as “Parties.” Both
the Participant and CRA's agreement to the terms and conditions of this
Agreement shall be evidenced by the Participant’s
activation into the Program (as defined below).
WHEREAS,
Participant, using their own systems and trademarks offers tax and financial
related
services to customers;
WHEREAS,
Credit Restoration Associates, as a preferred vendor for Liberty Tax, provides
professional credit improvement solutions (the “Program”);
WHEREAS,
Participant desires to make available the Program to its customers, CRA desires
to enroll Participant into the Program, and CRA agrees to provide Client
account managers, FICO certified credit experts and trained credit improvement
processors to perform the work and support to the Participant under the
Program;
NOW,
THEREFORE, in consideration of the foregoing, and for other good and valuable
consideration,
the receipt and adequacy of which are hereby acknowledged, the Parties agree as
follows:
AGREEMENT
1.
Effective Date. This Agreement is effective upon the Participant’s signing this
Agreement and being enrolled by CRA to offer the Program.
2.
Term. This Agreement shall remain in effect until all transactions contemplated
under the Program have been finally completed or until CRA otherwise chooses to
terminate this Agreement in writing pursuant to its terms.
Page 1 of 5
3.
Program Definitions.
a. "Free Consultation"
means that the prospective client will receive a one hour appointment with a
CRA certified account manager and credit
expert at no charge to the client. The purpose of this consultation is to review the clients
credit reports in a secure webinar or face to face setting. It will also determine the clients eligibility for
the CRA program.
b. "Initial Audit / Analysis /
Action plan" means that upon qualification for the CRA credit improvement program, CRA will perform a thorough
forensic credit report audit, public records search, collection agency audit, and a written action plan
containing the entire action plan on how CRA intends to move forward with the client's case. Once
this action plan is delivered and accepted by the client, CRA will move forward doing the work to
implement the action plan.
c.
Monthly results audit's and new action plans are part of the ongoing
credit improvement process.
4.
Duties and Obligations of Participant. Participant shall perform the following
duties during
the
Term of this Agreement:
a. perform all servicing obligations with
respect to the Program in accordance with the
guidelines established by CRA, and in accordance with industry
standards;
b. advertise the Program as directed
by CRA, using only the marketing materials provided to Participant from CRA as an approved vendor;
5.
Duties of CRA. CRA shall perform the following duties during the Term of this
Agreement:
a. Provide professional and ethical
credit improvement services. This involves client services to set the initial credit report review, complete the
review, offer CRA services as the solution, send CRA New Client Enrollment paperwork to client,
follow up with completion and return of paperwork, create the initial Audit / Analysis and Action plan,
email Action plan to client, receive acceptance from client, complete the first work as detailed in the
action plan, communicate expectations to the client and notify Liberty Participant of status.
b. Notification to Liberty
Participant of the status of all CRA clients and prospective CRA clients. Communication will be both verbal and in
the form of reports emailed by CRA to Participant on a monthly basis.
There will be three individual reports: 1. Prospects in the CRA pipeline. 2. New CRA sign-ups for the previous month. 3. Total number of CRA clients enrolled and
their progress status through the CRA program.
c. Make payment to Liberty
participant by the 5th of the month for clients signed up into the CRA credit improvement program for the previous month.
This will be in the form of an ACH draft to recipient on the 5th, or
a mailed paper check postmarked by CRA on the 3rd.
Page 2 of 5
Affiliate program. Referrals who signed up as new clients in the CRA credit improvement program:
1-3 new clients = $50.00 each.
4-5 new clients = $75.00 each retroactive to beginning of current month.
6-10 new clients = $100.00 each retroactive to beginning if current
month.
11+ new clients = $150.00 each retroactive to beginning if current
month.
6.
Confidential Information.
a.
In performing its obligations pursuant to this Agreement, the
Participant may, with or
without consent, gain access to certain confidential proprietary
information about the
Program, including the Program’s marketing, objectives, pricing,
completed Enrollment Forms and any other Program documents (collectively
referred to as “Confidential Information”).
b. Section 501(b)(3) of the
Gramm-Leach-Bliley Act states that information security
standards must include various safeguards to protect against not only
“unauthorized
access to” but also the “use of” Confidential Information relating to
clients,
including Enrolled Clients, that could result in “substantial harm or
inconvenience
to any CRA client.” In that regard, Confidential Information includes,
but is not limited
to, clients ‟ names, social security numbers, dates of birth, addresses,
number of
months at address, phone numbers, financial information, or other loans
or accounts
or tax information, bankruptcy, employer names and phone numbers.
c. Participant shall maintain as
proprietary and confidential all such Confidential
Information and further agrees not to use such Confidential Information,
nor to
disclose such Confidential Information to any third party, except in
performing its
obligations pursuant to this Agreement and as authorized by clients.
d. Unless prohibited by law, upon
termination of this Agreement Participant agrees to
return all Confidential Information including, but not limited to, all
Program materials
used in connection with the Program, and shall shred all voided, damaged
and unused
documents. Such obligations survive the termination of this Agreement.
7.
Limitation of Liability. CRA shall not be liable to Participant or its clients
or
agents for any consequential, incidental, indirect or special damages, or the
loss of profits,
income
or other benefits, arising out of or in connection with this Agreement or the
services
performed
hereunder; In addition, Participant shall not be liable to CRA or its clients
or
agents for any consequential, incidental, indirect or special damages, or the
loss of profits,
income
or other benefits, arising out of or in connection with this Agreement or the
services
performed
hereunder.
Page 3 of 5
8.
Indemnity. Participant shall indemnify, hold harmless and reimburse CRA, its
officers, directors, employees and agents, for all expenses and costs,
reasonable attorney's fees, judgments, penalties, damages, direct expenses and
other payments in connection with any claims, disputes, controversies or
litigation with respect to:
(i)
anything wrongfully done or not done by Participant,
(ii) the violation of any laws, rules or regulations applicable to Participant in connection with the Program, or
(iii) Participant’s violation of this Agreement.
(ii) the violation of any laws, rules or regulations applicable to Participant in connection with the Program, or
(iii) Participant’s violation of this Agreement.
9.
Trademarks. All CRA and Participant trademarks, name and logos remain the
property of CRA and Participant Respectively. These (“Trademarks”) shall not be
used in conjunction with any advertising, with the exception of those materials
provided by or purchased from Participant Tax Service, without written consent
from CRA or Participant Tax Services Respectively.
10.
Advertising. If Participant elects to create advertising for the Program,
Participant agrees to
submit
any and all Program training, advertising, and/or marketing material including
but not
limited
to point-of-sale materials, direct mail pieces, newsletters, radio/television
scripts/video,
newspaper/magazine advertisements, internet websites or advertisements,
and/or
announcements to Participant Tax Service in accordance with the Participant Tax
Service
Operations Manual for prior written approval.
11.
Severance. If any provision of this Agreement is prohibited by or deemed
invalid under
applicable
law, such provision shall be ineffective to the extent of such prohibition or
invalidity,
the remainder of such provision or the remaining provisions of this Agreement
will
remain enforceable. Any headings or captions are intended solely for the
convenience or
reference
purposes and do not constitute part of this Agreement.
12.
Choice of Law, Dispute Resolution, Jury Waiver, and Class Action Waiver.
a. Virginia Law. Virginia law
governs all claims which in any way relate to or arise out
of this Agreement or any of the dealings of the Parties hereto.
b. The Parties will act in good
faith and use commercially reasonable efforts to promptly
resolve any claim, dispute, controversy or disagreement (each a
“Dispute”) between
the Parties under or related to this Agreement. The efforts will include
at least one
face-to-face meeting between the Parties. Any Dispute arising out of
this Agreement
which cannot be resolved by the Parties will be governed exclusively by
arbitration.
The arbitration will be initiated and conducted (except as otherwise
provided herein)
in accordance with the Commercial Arbitration Rules of the American
Arbitration
Association, will be conducted by one arbitrator, and will be conducted
in Richmond,
Virginia. The arbitrator will have the power to award reasonable
attorney’s fees and
costs to the prevailing party in any arbitration, and either party will
have the right to
take appropriate action in a court located in the same jurisdiction
where the
arbitration occurred to enforce any arbitration award.
Page 4 of 5
c. Jurisdiction and Venue. In any
Dispute which in any way relates to or arises out of
this Agreement, or any of the dealings of the Parties hereto,
Participant consents to
venue and personal jurisdiction in the state and federal court of the
city of CRA's’ Corporate Office, presently Chesterfield County, Virginia
state courts and the United States District Court in Richmond, Virginia. In any Dispute or suit brought
against CRA , including CRA's present or former employees or agents, which in any way relates to or
arises out of this Agreement, or any of the dealings of the Parties hereto, venue shall be proper only
in the federal court district and division located nearest CRA ’s Corporate Office (presently the U.S.
District Court in Richmond, Virginia), or if neither federal subject matter nor diversity jurisdiction exists, in the
city or county state court located where CRA ’s Corporate Office is (presently
the County of Chesterfield of Richmond, Virginia).
d. Jury Waiver. In any trial between
any of the Parties hereto, including present or former employees or agents of CRA, which in any way relates to
or arises out of this Agreement, or any of the dealings of the Parties hereto, Participant and CRA
each agree to waive the rights to a jury trial and instead have such action tried by a judge
e. Class Action Waiver. Participant
agrees that any claim it may have against Participant or CRA shall be brought individually and Participant shall
not join such claim with claims of any other person or entity or
bring, join or participate in a class action against CRA.
13.
Acknowledgments. Participant acknowledges that it has read this Agreement and
that Participant is familiar with its contents. Participant acknowledges that
no person is authorized to make and no person has made any representations
regarding the terms of this Agreement or the Program.
FRANCHISEE SIGNATURE _____________________________ DATE: ________
Printed
Name __________________________
Contact Phone Number:_______________
Email Address (one that you check regularly):
Email Address (one that you check regularly):
Number
of Stores: __________
Store
Address(s) for customized marketing materials:
Mailing
Address (to send brochures and marketing materials):
CRA
SIGNATURE DATE:
No comments:
Post a Comment