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DOT818 LLC. Affiliate Agreement


Last Updated: February 2018


This DOT818 LLC. Affiliate Agreement (“Agreement”) is entered into by and between DOT818 LLC., with its principal business location at 1111 N. Brand Blvd., Suite 401, Glendale, CA 91202 (“DOT818”), and you, the company or the individual, as an affiliate (“Affiliate” or “You”) in connection with your use of the affiliate network owned and operated by www.dot818.com and your participation in the DOT818 Affiliate Program (together, “Network” and “Program” to be used interchangeably). The Network can be accessed at www.dot818.com (the “Site”). This Affiliate Agreement is subject to change at any time, without prior notice, in DOT818’s sole discretion, notwithstanding the effective date of this Agreement. Changes may include without limitation, payout structure, payout amount, affiliate marketing policies, etc.

 

The latest version of this Agreement will be posted on www.dot818.com. You should review this Agreement prior to using www.dot818.com and/or the Program. Your continued use of www.dot818.com and/or your continued participation in the Program after such modification constitutes your consent to such modifications.

By clicking “Create Account,” you further agree: (A) to the terms and conditions of this Agreement; (B) to be bound by this Agreement; (C) Acknowledge and agree that you have independently evaluated the desirability of participation in the Program and are not relying on any representation or statement other than that which is expressly set forth in this Agreement; (D) represent and warrant that you are lawfully able to enter into Agreements (i.e. you are not a minor); (E) you are and will remain in compliance with the terms of this Agreement and with all state and federal laws; and (F) if you are entering this Agreement on behalf of a legal entity, then you are authorized (i.e. as an agent of legal entity) and lawfully able to bind the legal entity.

I. Network and Program.

Affiliate agrees to provide the services identified and set forth in this Agreement (“Services”). In connection with the Services, DOT818 shall grant to Affiliate a nonexclusive, non-transferable, revocable and limited license to: (i) participate in marketing campaigns offered through the Network (“Campaigns”); and (ii) use, distribute, display, perform, copy, transmit, and market all the Creative Materials (as defined herein below) made available via the Network solely and exclusively in connection with Affiliate’s efforts to generate consumer information leads (“Leads”), valid sales, or other compensable activities (“Compensable Transactions”) in connection with such Campaigns. Affiliate may also have the opportunity to earn bonus payments for individuals that Affiliate refers to the Network that also become affiliates, which shall be at the sole and complete discretion of DOT818.

II. Creative Material.

(A) Use of Creative Material. DOT818 may provide Affiliate with access to three (3) forms of advertisements on the Site for download, use, and publication by Affiliate, subject to the license set forth above and the other provisions of this Agreement. The three (3) forms of advertisements are: (i) a registration form with fields tailored to each Campaign (“iFrame Creative”); (ii) text links, banner ads, pop-ups, and other material (“Banner Ads”); and (iii) a pre-designed web page to be used with Affiliate’s chosen uniform resource locator (“URL”) (“Private Feed” and together with the iFrame Creative and Banner Ads “Creative Material”). As set forth below, DOT818 may terminate Affiliate’s license to use the Creative Material at any time, with or without notice, for any reason or no reason at all, in its sole discretion. Affiliate must obtain DOT818’s prior express written consent before publishing a Private Feed. DOT818 may change or revise the Creative Material that is made available hereunder at any time, in its sole discretion, and Affiliate agrees to use only the most recent version of the Creative Material that is posted on the Site. Affiliate may not alter, modify or otherwise change the iFrame Creative in any manner, whatsoever. Affiliate may not alter, modify the Banner Ads and Private Feed, or use other Creative Material than that which is supplied by DOT818, unless Affiliate has obtained DOT818’s prior express written consent. Any such actual or attempted alteration, modification, or use without consent from DOT818 will result in the immediate termination of this Agreement, without notice. DOT818 retains full and sole right, ownership, and interest in all Creative Material, and in any copyright, trademark, or other intellectual property rights in the Creative Materials and other information developed by DOT818 and supplied to Affiliate from time to time in connection with this Agreement. In the event that Affiliate alters or modifies the Creative Material, Affiliate shall be liable for any and all claims arising therefrom.

(B) Placement. Affiliate agrees that DOT818 may, in its sole discretion, direct the placement of Creative Material. Unless such direction is given, and subject to the terms and conditions of this Agreement, the applicable Campaign, and all applicable laws, rules, and regulations, Affiliate may display the iFrame Creative and Banner Ads: (i) as often and in as many areas of the websites owned, operated or controlled by Affiliate (“Affiliate Websites”); and/or (ii) in creative for distribution to those e-mail addresses listed in the e-mail databases owned, operated or controlled by Affiliate (“Affiliate Databases”). Affiliate must place or use Creative Material only with the intention of delivering valid Leads and/or Compensable Transactions. Notwithstanding the foregoing, Affiliate must immediately comply with any and all directions by DOT818 to modify, alter, or otherwise adjust the placement, frequency, and/or other editorial decisions related to the Creative Material. Affiliate must immediately remove Creative Material upon receiving notice from DOT818 or upon the termination or expiration of this Agreement or any applicable Campaign.

(C) Restrictions. Affiliate is solely responsible for the development, operation, and maintenance of Affiliate Websites and all materials that appear thereon that is not provided by DOT818 (“Affiliate Content”). In connection with or arising from Affiliate’s performance hereunder, Affiliate shall not knowingly or negligently (nor permit any person or entity to): (i) inflate the amount of Compensable Transactions through any deceptive or misleading practice, method, or technology (including, without limitation, through the use of any spyware, adware, device, program, robot, redirects, spiders, computer script or other automated, artificial, or fraudulent methods designed to appear like an individual, real live person performing a Compensable Transaction); (ii) accept Compensable Transactions generated from public or open proxy servers, IP addresses that have bot activity, or from pay-per-view or pay-per-surf programs; (iii) take control of a user's computer by delivering advertisements that a user of a computer cannot close without turning off the computer or closing all sessions of the Internet browser for the computer; (iv) install or execute on another's computer one or more additional software program(s) without consent of the user, or if such program(s) are installed with the consent of the user, Affiliate must clearly provide instructions to disable the software, such that the software is easily identifiable and the removal can be performed without undue effort or knowledge by the user of the computer; (v) violate or infringe any intellectual property or proprietary right of any third party (e.g., trademarks, service marks, brand names, copyrights, etc.); or (vi) promote any Creative Material that: (a) contains pornographic or other sexual material; (b) promotes hate-speech in any form (e.g., racial, political, ethnic, etc.); (c) contains gratuitous displays of violence or obscenity; (d) defames, misrepresents, abuses, or threatens physical harm to others; (e) contains incentivized offers (or the appearance thereof) that induce or attempt to induce users to click on any Creative Material; (f) promotes any type of illegal substance or activity; (g) is unfair, deceptive, misleading, or otherwise fraudulent; or (h) misrepresent an affiliation with a person/entity, including, without limitation, an affiliation with a credit union, or government agency. Affiliate represents and warrants that it possesses all authorizations, approvals, consents, licenses, permits, certificates, intellectual property rights or other rights and permissions necessary to display any Affiliate Content. Further, Affiliate represents and warrants that Affiliate Content will be in compliance with all applicable state and federal laws, rules and regulations, and will not include any deceptive or misleading content, and that the broadcasting, advertising, marketing, and selling of the Affiliate Content shall not violate the rights of any person or entity, nor violate any law, rule, or regulation.

(D) Affiliate Content Requirements. All marketing materials must: (a) use plain and intelligible language; (b) be easily legible (or, in the case of any information given orally, clearly audible); (c) specify the name of the advertiser; (d) be factually accurate; (e) easily legible (fonts and colors); (f) must include the name and postal address of the Affiliate; (f) must represent actual loans; and (g) not contain any potential misrepresentations. Where an advertisement includes a rate of interest or an amount relating to the cost of the credit whether expressed as a sum of money or a proportion of a specified amount, the advertisement also must: (d) include a representative example (including (i) the rate of interest, whether fixed, variable or both; (ii) the nature and amount of any other charge included in the total charge for credit; (iii) the total amount of credit; (iv) the representative APR; (v) the duration of the agreement (unless open-ended); and (vi) the total amount payable by the debtor and the amount of each repayment of credit (unless open ended)); and (e) specify a postal address at which the credit broker or advertiser may be contacted. Any direct marketing campaigns should only be made if the intended recipients likely to qualify for the product or service and reasonably able to obtain: (i) the products or services advertised, (ii) the interest rates advertised, (iii) other loan features offered. All advertising materials must clearly, prominently, and accurately describe any related services that are either optional or required to obtain certain terms.

III. Tracking.

DOT818 shall include in each of the Creative Materials a special transaction tracking code (the “Transaction Tracking Code”). Affiliate shall not modify, circumvent, impair, disable, or otherwise interfere with any Transaction Tracking Code and/or other technology or methodology required or made available by DOT818 to be used in connection with any and all Creative Materials. All determinations made by DOT818 in connection with the Creative Materials and Compensable Transactions shall be final and binding on Affiliate. DOT818 expressly reserves the right to seed applicable data in order to monitor Affiliate’s compliance with the terms of this Agreement and applicable laws, rules, and regulations.

IV. Additional Requirements.

Affiliate will provide DOT818 with information DOT818 requires to verify Affiliate’s compliance with this Agreement or any requirements of the Program or Network. In addition to any other rights or remedies available to DOT818, Affiliate agrees that DOT818 may terminate this Agreement or withhold any outstanding fees payable to Affiliate under this Agreement, or both where DOT818 determines that Affiliate or its affiliate third parties has not complied with any provision described in this Agreement or incorporated by reference. In addition, Affiliate hereby consents to receiving email communications about the Program from DOT818, to monitoring, recording, and disclosing information about Affiliate, its site(s), and visitors; and to monitoring, crawling, or otherwise investigating your site to verify compliance with this Agreement.

V. Payment.

(A) Calculation. DOT818 shall pay Commissions to Affiliate according to the payment terms of the applicable Campaign. DOT818 shall calculate Affiliate Commissions based on Compensable Transactions recorded by the Transaction Tracking Codes. DOT818 shall compile, calculate, and post on the Site data derived from the Transaction Tracking Codes and supplementary sources used by DOT818 to determine Commissions owed to Affiliate (“Payment Data”). All determinations made by DOT818 in connection with the Transaction Tracking Codes, Compensable Transactions, Projected Compensable Transactions, and any associated Commissions due to Affiliate shall be final and binding on Affiliate. Any disputes or questions regarding Commissions and/or Payment Data must be submitted to DOT818 within seven (7) business days of the date the Data is posted on the Site; otherwise, the Data will be deemed accurate and accepted by Affiliate. DOT818 will investigate and resolve any Payment Datarelated questions or disputes in its sole discretion. If, for any reason (including, without limitation, impairment of the Transaction Tracking Codes), DOT818 is unable or fails to provide Affiliate with accurate and/or complete Data, DOT818 shall calculate Compensable Transactions (“Projected Compensable Transactions”), based upon: (i) Affiliate’s average bi-monthly Compensable Transactions recorded by DOT818 for the applicable Campaign, prorated for any shorter or longer period of time, where Data needed to calculate such a bi-monthly average is available; or (ii) where Data needed to calculate such bi-monthly average is unavailable, such amount that DOT818 reasonably determines is due and owing, in its sole discretion. Affiliate and DOT818 agree that each shall attempt to resolve Payment Data disputes which may arise under this Agreement through good faith negotiations. Where the parties fail to resolve a Commissions dispute, the aggrieved party can bring a cause of action before an American Arbitration Association arbitration tribunal (“AAA”) in Los Angeles, California, in accordance with the rules of the AAA in effect.

(B) Payment. DOT818 shall pay Commissions approximately fifteen (15) days after the fifteenth (15th) day and last day of a given calendar month for Commissions earned during the prior fifteen (15) day period. Such payments shall only be made to Affiliate once the Affiliate account has reached a minimum of one-hundred United States Dollars ($100.00 USD) (“Payment Threshold”) in accrued Commissions. Where an affiliate account has not reached the Payment Threshold, the amount due will be paid the following month wherein the Payment Threshold is met. DOT818 may require Affiliate to provide a W-9, or similar tax identification information, as a condition precedent to receiving any Commission payments. DOT818 may, in its sole discretion, withhold payments until such time as an applicable Advertiser (i.e. third party lender or finance provider or servicing company) has paid DOT818 for a corresponding Campaign. DOT818 reserves the right to reduce any and all payments owed to Affiliate where an Advertiser has offset payments owed to DOT818. DOT818 shall not be obligated to pay Affiliate for Commissions where, in DOT818’s sole discretion, DOT818 believes that Affiliate: (i) is in breach of this Agreement; (ii) has violated any applicable law, rule, or regulation in connection with or arising from performance hereunder; (iii) has generated leads using fraud, incentivized marketing, or other means in violation of the provisions contained in this Agreement; or (iv) in email marketing campaigns, where the recipient of the email did not opt-in to receive the email communication. Upon termination of this Agreement, DOT818 shall pay Affiliate Commissions, including amounts below the Payment Threshold, during the next payment period, subject to DOT818’s right to withhold and/or cancel Commission payments to Affiliate as set forth in the provisions of this Agreement. DOT818 will not pay Affiliate any Commissions that arise: (i) before Affiliate is accepted into the Network or participates in the Program; or, (ii) after termination of this Agreement or any applicable Campaign. DOT818 reserves the right to seek credit or a refund from Affiliate on any and all Leads that DOT818’s third party lenders or finance providers claim as being fraudulent (i.e. containing fraudulent Lead data). Affiliate agrees to credit or refund DOT818 for its reasonable requests for credit or refund on any and all fraudulent Leads.

(C) Referral Revenue. Affiliate shall receive payments (“Referral Revenue”) for each individual that Affiliate refers to DOT818 who also becomes an active Affiliate participating in the Network (“Referral”). The Referral Revenue shall be equal to three percent (3%) of the gross revenue DOT818 collects from Advertisers as a result of the applicable Referral’s participation in the Network as an Affiliate as calculated by DOT818 in its sole discretion. To qualify as a Referral, the individual referred by Affiliate: (i) must not have previously registered, or attempted to register, with DOT818 as either an Affiliate or Advertiser; (ii) must not provide a fraudulent, incomplete, and/or duplicate Application; (iii) must identify Affiliate as the party that referred him or her to DOT818 at the time that the prospective Referral registers with DOT818; (iv) must complete an Application; (v) must be a separate and independent entity from any current Affiliate; and (vi) must have the Application accepted by DOT818. DOT818 will verify and approve all Referrals in accordance with its standard verification procedures. Where Affiliate is found tampering with or engaging in fraud in connection with this Referral program, Affiliate will be: (i) disqualified from receiving any associated Referral Revenue; (ii) terminated from the Network; and (iii) subject to any and all remedies available to DOT818 at law and in equity resulting from such fraud. DOT818 may terminate and/or modify the Referral program at any time in its sole discretion. All determinations made by DOT818 in connection with Referrals and Referral Revenue shall be final and binding on Affiliate.

VI. Data Ownership and License.

DOT818 shall have sole ownership of and full right to use any and all Leads and data generated by Affiliate in connection with this Agreement, throughout the term of this Agreement and beyond. Affiliate transfers full ownership and a proprietary interest in all Leads that are purchased and paid for by DOT818. Affiliate shall have no rights to any Leads. Affiliate shall have no right to use Leads other than as expressly stated in this Agreement or as expressly authorized by DOT818 in writing. Affiliate shall refrain from disclosing, selling, or otherwise distributing Leads purchased by DOT818 to any third parties. Without limiting the foregoing, Affiliate shall not: (i) transfer, export, display, forward, or otherwise share any such Leads to or with any third party; or, (ii) use any such Leads on Affiliate’s own behalf in any manner not expressly authorized by DOT818.

VII. Sub-Affiliates.

For purposes of this Agreement, any partner, associate, contractor, representative, or agent of Affiliate that participates in or performs any activities for Affiliate as a part of the Network shall be deemed a “Sub-Affiliate.” Any and all Sub-Affiliates must be preapproved by DOT818. Without limiting the foregoing, any Sub-Affiliate is prohibited from using DOT818’s Creative Material on any website unless given prior written approval by DOT818. DOT818 reserves the right to withhold or refuse approval of any Sub-Affiliate for any reason or no reason at all, and DOT818 may revoke its approval of any SubAffiliate at any time, with or without notice, for any reason or no reason at all. All SubAffiliates must meet the same criteria for approval and must comply with the same obligations as required of the Affiliate under this Agreement. Affiliate shall be responsible for the acts and/or omissions of its Sub-Affiliates. Affiliate agrees to indemnify, defend and hold harmless DOT818 and its directors, officers, shareholders, employees, agents and publishers from and against any and all third party claims, actions, and suits, including reasonable attorneys’ fees and costs arising out of or related to the acts, errors, or omissions of the Affiliate, its Sub-Affiliates, and any of Affiliates or Sub-Affiliate’s directors, officers, employees, and agents.

VIII. Consumer Privacy.

Affiliate shall clearly and conspicuously post a Privacy Policy to Affiliate Website(s) (“Affiliate Privacy Policy”). The Affiliate Privacy Policy shall fully and accurately describe, among other things, Affiliate’s: (i) collection, use, and sharing of consumer information; (ii) email, SMS, telephone, and other marketing practices, and applicable opt-in and optout policies and procedures; and (iii) data security measures. Affiliate represents and warrants that Affiliate will, at all times, comply with the Affiliate Privacy Policy posted to  Affiliate Websites, and that such Affiliate Privacy Policy will, at all times, comply with all applicable laws, rules, and regulations. Affiliate Privacy Policy shall be substantially similar and have clauses no less protective of Leads and consumer data than the policy Privacy Policy located at Site.

IX. Telephone Consumer Protection Act (“TCPA”).

Affiliate shall comply with the most updated version of the federal TCPA and as thereafter amended, as applicable to Affiliate’s marketing activities that involves telemarketing calls, text messages, SMS messages, or other activities as governed by the TCPA. It is Affiliate’s responsibility to fully understand and comply with TCPA and its regulations. Additionally, Affiliate will obtain prior express written consent from consumers stating that the consumer accepts telemarketing calls and SMS or text marketing messages from DOT818.com and its third party Advertisers. Affiliate must also display on its advertisements that consent is not a condition of a purchase. Affiliate’s advertisements and websites must make show: i) clear and conspicuous disclosure that the consumer agrees to telemarketing calls and/or SMS or text messages from DOT818 and/or its Advertisers; and ii) that the consumer unambiguously consents to receive telemarketing calls and/or SMS or text messages to the number provided by the consumer. Upon DOT818’s request, Affiliate must provide DOT818 with its advertisement and/or websites’ TCPA consent language, the consumer’s IP address, and the timestamp (date and time) that the consumer provided his consent.

X. E-mail Marketing.

E-mail marketing campaigns by or on behalf of Affiliate in connection with this Agreement may only be undertaken with DOT818’s prior express written consent. Prior to the sending of any commercial e-mail by or on behalf of Affiliate, Affiliate shall provide DOT818 with a list of Internet Protocol (“IP”) addresses and domain names that Affiliate intends to use in connection with the given Campaign. Affiliate must, upon the request of DOT818, be able to produce the name, date, time, IP address, and referral URL where applicable consumers granted Affiliate consent, as defined by applicable laws, rules, and regulations (“Consent”) to receive commercial e-mails. Affiliate represents and warrants that any and all commercial e-mails sent by or on behalf of Affiliate in connection with this Agreement will: (i) at all times, comply with all applicable laws, rules and regulations, including without limitation, laws and regulations governing consumer protection (including without limitation, those relating to false advertising or unfair competition, the CAN-SPAM Act of 2003, the Privacy and Electronic Communications Regulations 2003, the Telephone Consumer Protection Act, and the Federal Trade Commission’s Telemarketing Sales Rule, and industry standards (i.e.; the Online Lenders Alliance); and other standards that may be added with the prior written consent of both parties; (ii) only be sent to those recipients who have given Consent to receive such commercial e-mails and who have not revoked such Consent as of the date any such commercial e-mail is sent. Without limiting the generality of the foregoing, Affiliate must: (i) not falsify e-mail header and/or transmission information (including, without limitation, source, destination, and routing information); (ii) not use any “subject” or “from” line that is materially false, misleading, or deceptive; (iii) clearly and  conspicuously identify the message in the body as an advertisement or solicitation; (iv) include a valid physical postal address; (v) clearly and conspicuously explain how recipients can opt out of receipt of further e-mails; (vi) include a functional opt-out mechanism that will remain active for at least thirty (30) days from the date that the subject e-mail was sent out; (vii) process opt-out requests within ten (10) business days; (viii) not use proxies or relays to send commercial e-mails; (ix) not seek or obtain unauthorized access to computers for the purpose of sending commercial e-mail; (x) regularly scrub Affiliate’s mailing list against DOT818’s suppression list (“Suppression List”) as set forth elsewhere herein; (xi) and immediately notify DOT818 of any complaint, investigation, and/or litigation concerning Affiliate’s e-mail marketing practices (whether or not any such complaint, investigation, or litigation relates to Affiliate’s relationship with DOT818). Affiliate is solely responsible and liable for any and all consumer complaints relating to e-mail campaigns conducted by or on behalf of Affiliate, including all costs for responding to such complaints whether incurred by Affiliate or DOT818. Affiliate shall respond to all consumer complaints within forty-eight (48) hours of notification. Affiliate must inform DOT818 of the complaint. In addition to all other available remedies, DOT818 retains the right to withhold and/or cancel Commission payments unless and until any and all such consumer complaints are resolved to DOT818’s satisfaction. In the event that any applicable law, rule, or regulation is enacted or amended after the effective date of this Agreement setting forth standards more restrictive than those set forth herein, the more restrictive standards contained in any such enacted or amended law, rule, or regulation shall apply, with or without notice from DOT818. Affiliate acknowledges that any failure to comply with this section may, in DOT818’s sole discretion, result in the immediate termination of this Agreement and the forfeiture of any and all rights to any Commissions otherwise owed to Affiliate by DOT818.

XI. Suppression Lists.

With respect to any Suppression List generated in connection with, or made available by and through the Network, Affiliate shall: (i) use such Suppression List, and the individual customer records contained therein, solely for the suppression purposes set forth herein, even after any termination of this Agreement; (ii) regularly use such Suppression List to remove any and all e-mail addresses, telephone numbers, or domains contained therein from future commercial e-mails or SMS messages; (iii) not use the Suppression List for purposes of e-mail or SMS message marketing, or provide the Suppression List to any third party for any purpose, and not send, or cause to be sent, any commercial e-mail or SMS messages to an e-mail address, telephone number, or domain appearing on any Suppression List; (iv) ; hold any Suppression List made available by DOT818 in trust and confidence and use same solely for the suppression purposes set forth herein and treat any Suppression Lists as Confidential Information, as defined herein; (vi) not retain a copy of any Suppression List made available by DOT818 following termination of this Agreement; and (vii) not disclose any Suppression List made available by DOT818 to any employee, consultant, subcontractor, third party individual, corporation or entity without DOT818’s written agreement. DOT818 reserves the right to withhold its consent to such disclosure and may, within its sole discretion, bar the disclosure of any and all Suppression Lists made  available by DOT818 or any Advertiser. Affiliate further agrees and acknowledges that: (i) Affiliate has downloaded and removed the domains located on the Federal Communications Commission’s (“FCC”) wireless domain names list (http://www.fcc.gov/cgb/policy/DomainNameDownload.html) from any and all current data used in any commercial e-mail or SMS message marketing campaigns in connection with this Agreement; and (ii) any and all new data that Affiliate acquires, regardless of its source, will be scrubbed against the FCC’s wireless domain names list and that the domain names contained therein will be removed before sending any commercial e-mail or SMS message marketing campaigns in connection with this Agreement. Affiliate shall maintain electronic or tangible records evidencing the removal of any email addresses or telephone number from Affiliate’s lists for verification by DOT818 as required or requested. At DOT818’s request, Affiliate will allow DOT818 to audit and verify Affiliate’s compliance with the provisions set forth in this section and any applicable laws, rules, and regulations, related to, but not limited to, data privacy and security.

XII. Term and Termination.

The term of this Agreement will begin upon DOT818’s written acceptance, in DOT818’s sole discretion, of Affiliate’s Application to join the Network and will end when terminated by either party as set forth herein. Affiliate may terminate this Agreement at any time, upon three (3) business days’ prior written notice to DOT818. DOT818 may suspend and/or terminate Affiliate’s participation in the Network and/or this Agreement at any time, with or without notice, for any reason or no reason at all, in DOT818’s sole discretion. Grounds for suspension and/or termination shall include, without limitation, the failure to adhere to state and federal laws, rules, regulations including, but not limited to false advertising, trademark infringement, unlawfully modifying ad copy, misrepresentation of affiliation with person/entity, and/or representing an affiliation with a credit union. Upon suspension and/or termination of this Agreement for any reason: (i) Affiliate shall immediately cease to use and remove from the Affiliate websites any and all Creative Material and/or other materials made available to Affiliate in connection with Affiliate’s participation in the Network; (ii) Affiliate shall immediately cease transmitting or causing to transmit any and all e-mails and SMS messages in connection with any Campaign; (iii) any and all licenses and rights granted to Affiliate in connection with this Agreement shall immediately cease and terminate; and (iv) any and all Confidential Information (as defined herein below), Creative Material, or proprietary information of DOT818 that is in Affiliate’s possession or control must be immediately returned or destroyed. If requested, Affiliate or an authorized officer of Affiliate shall certify in signed writing that all such confidential and/or proprietary information has been returned or destroyed. Notwithstanding any termination of the Agreement, any provisions of the Agreement that may reasonably be expected to survive suspension/termination of the Agreement shall survive and remain in effect in accordance with their terms, including all recordkeeping and indemnification obligations otherwise applicable to Affiliate.

XIII. Representations and Warranties.

Affiliate hereby represents and warrants that: (i) Affiliate has the power and authority to enter into and perform Affiliate’s obligations under this Agreement; (ii) this Agreement  has been duly and validly executed and delivered by Affiliate and constitutes Affiliate’s legal, valid and binding obligation which is fully enforceable against it in accordance with its terms; (iii) Affiliate’s performance hereunder will comply with the terms of this Agreement and all applicable laws, rules and regulations including, without limitation, where applicable, the Gramm-Leach Bliley Act, the Fair Credit Reporting Act, the Federal Trade Commission Act, Consumer Financial Protection Act, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Federal Communications Act, the California Financial Privacy Act, and state laws regulating unfair and deceptive practices (collectively, “Laws”); (iv) Affiliate will not engage in any short messaging service (“SMS”) marketing campaigns in connection with this Agreement; (v) Affiliate’s performance hereunder will not violate or infringe any intellectual property or proprietary right of any third party; (vi) Affiliate shall implement such administrative, physical, and technical security measures as required by applicable Laws and/or as necessary, to ensure the secure handling, transmission, storage, and disposal of any personal information of Consumers which Affiliate holds or handles and to protect against any threats or hazards to the security and integrity of such non-public personal information; and (vii) Affiliate understands and agrees that DOT818’s relationship with Affiliate is not an exclusive one (i.e. DOT818 has and will enter into similar agreements with other affiliates).

XIV. DISCLAIMERS/LIMITATION OF LIABILITY.

THE NETWORK, SITE, CREATIVE MATERIALS, DATA, SUPPRESSION LISTS, AND TRANSACTION TRACKING CODES, ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT OF THE LAW, DOT818 AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, MANAGERS, SUCCESSORS AND ASSIGNS MAKE NO WARRANTIES (INCLUDING IMPLIED WARRANTIES OF PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY), REPRESENTATIONS, OR GUARANTEES; EXPRESS, IMPLIED, VERBAL, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AFFILIATE FROM DOT818 SHALL CREATE ANY WARRANTY, REPRESENTATION, AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. DOT818 HAS NO LIABILITY, WHATSOEVER, TO AFFILIATE OR ANY THIRD PARTY, FOR AFFILIATE’S USE OF, OR INABILITY TO USE, THE NETWORK, SITE, CREATIVE MATERIALS, DATA, SUPPRESSION LISTS, AND/OR TRANSACTION TRACKING CODES. DOT818 DOES NOT WARRANT OR GUARANTEE THE SECURITY METHODS OR PRIVACY PROTECTION PROCEDURES OF ANY THIRD PARTY, OR THAT SUCH SECURITY METHODS OR PRIVACY PROTECTION PROCEDURES WILL BE UNINTERRUPTED OR ERRORFREE. IN NO EVENT SHALL DOT818 BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), BY WHOMSOEVER CAUSED, TO THE PERSON OR PROPERTY OF ANYONE ELSE INCLUDING THE AFFILIATE, OR ITS RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MANAGERS, MEMBERS, SUCCESSORS, OR ASSIGNS, ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF  WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF DOT818 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN DOT818 AND AFFILIATE. THE NETWORK, SITE, CREATIVE MATERIALS, DATA, SUPPRESSION LISTS, AND TRANSACTION TRACKING CODES WOULD NOT BE PROVIDED TO AFFILIATE WITHOUT SUCH ABOVE STATED LIMITATIONS. UNDER NO CIRCUMSTANCES SHALL DOT818 BE LIABLE TO AFFILIATE OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED THROUGH AFFILIATE’S MARKETING EFFORTS, IN ANY MANNER WHATSOEVER ARISING FROM AFFILIATE’S PARTICIPATION IN THE NETWORK. DOT818’S MAXIMUM AGGREGATE LIABILITY TO AFFILIATE AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES SHALL BE EQUAL TO THE COMMISSIONS PAID BY DOT818 TO AFFILIATE DURING THE THREE (3) MONTHS PRECEEDING THE EVENT GIVING RISE TO THE CLAIM AND/OR DAMAGES.

XV. Indemnification.

Affiliate agrees to indemnify, defend, and hold harmless DOT818, its parents, affiliates and/or subsidiaries, and each of their respective officers, directors, partners, members, managers, employees, shareholders, contractors, representatives, agents and attorneys (collectively, the “Indemnified Parties”) from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs, or settlement costs) arising from or related to: (i) Affiliate’s participation in the Network and/or Program; (ii) any breach or alleged breach of this Agreement, or any representation or warranty contained herein by Affiliate, its Sub-Affiliates, or each of their respective officers, directors, partners, members, managers, employees, agents and attorneys; or (iii) any violation or alleged violation of any applicable law, rule, or regulation by Affiliate, its Sub-Affiliates, or each of their respective officers, directors, partners, members, managers, employees, agents and attorneys. DOT818 shall promptly notify the Affiliate in writing of any such claim. Failure of DOT818 to provide such notice shall not relieve the Affiliate of its liability or obligation hereunder. Affiliate shall have reasonable control of the defense and settlement of any such claim and the Indemnified Parties shall cooperate with all reasonable requests of the Affiliate (at the Affiliate’s expense) in defending or settling a claim. Subject to the foregoing clause, DOT818 may join in the defense or settlement of any such claim with counsel of its choice, at its own expense. Affiliate shall bear any and all costs and expenses incurred by the Affiliate in providing the foregoing indemnification.

XVI. Confidentiality.

For purposes of this Agreement, “Confidential Information” shall mean all data and information, of a confidential nature or otherwise, disclosed during the term of this Agreement by one party (“Disclosing Party”) to the other party (“Receiving Party”), as well as information that the Receiving Party knows or should know that the Disclosing Party regards as confidential including, but not limited to: (a) either party’s proprietary information; (b) information marked or designated by either party as confidential; (c)  information otherwise disclosed by either party in a manner consistent with its confidential nature; (d) the terms and conditions of this Agreement, the Network and related Campaigns; (e) either party’s information that is conveyed to the other party, whether or not in written form and whether or not designated as confidential, that is known, or should reasonably be known, by the other party to be treated as confidential; (f) a party’s business plans, strategies, know how, marketing plans, suppliers, sources of materials, finances, business relationships, personally identifiable end-user information, pricing, technology, employees, trade secrets and other non-public or proprietary information whether written, verbal, recorded on tapes or in any other media or format; and (g) with respect to DOT818, all Leads, either purchased or denied by DOT818.. The parties acknowledge that, as a result of the provision of services pursuant to this Agreement, the Disclosing Party may disclose Confidential Information to the Receiving Party. Therefore, the Receiving Party agrees that it will make no disclosure of the Disclosing Party's Confidential Information without obtaining the Disclosing Party’s prior written consent. Additionally, the Receiving Party shall not use such Confidential Information for any purpose other than as expressly set forth in this Agreement and shall restrict disclosure of Confidential Information to its employee(s), authorized agent(s) and/or independent contractors to whom disclosure is reasonably required, and such employee(s), authorized agent(s) and/or independent contractor(s) shall be explicitly bound by these confidentiality obligations and will use reasonable care, but not less care than they use with respect to their own information of similar character, to prevent disclosure of any Confidential Information, and who have entered into a confidentiality agreement with the Receiving Party with terms at least as restrictive as those set forth herein. The Receiving Party agrees that monetary damages for breach of this provision may not be adequate and that the Disclosing Party shall be further entitled to injunctive relief, without the requirement to post bond. This Section shall survive termination of this Agreement by either Party for any reason for the longer of either a period of five (5) years or as is required by California state law.

XVII. Non-Circumvention.

Affiliate recognizes that DOT818 has proprietary relationships with affiliates, Advertisers, and other third-parties that participate in the Network. Affiliate agrees not to circumvent DOT818’s relationship with such affiliates, Advertisers, and third-parties, or otherwise offer, make available, provide, contract for, or perform, directly or indirectly, advertising, marketing or promotional services similar to the services performed by affiliates in the Network for any affiliate, Advertiser, or third-party publisher that is known, or should reasonably be known, by Affiliate to participate in the Network, during the term of this Agreement and for the six (6) month period following termination or expiration of this Agreement. Notwithstanding the foregoing, to the extent that Affiliate can show that any such affiliate, Advertiser, or third-party already obtained such services from Affiliate prior to the date of this Agreement, Affiliate shall not be prohibited from continuing such relationship. Affiliate agrees that monetary damages for its breach, or threatened breach, of this section will not be adequate and that DOT818 shall be entitled to: (i) injunctive relief, including temporary and preliminary relief, without the requirement to post a bond; (ii) liquidated damages from Affiliate in the amount equal to  one hundred percent (100%) of the fees paid to Affiliate for the prior twelve (12) month period; and/or (iii) any and all other remedies available to DOT818 at law or in equity.

XVIII. Other Provisions.

(A) Force Majeure. Affiliate agrees that DOT818 will not be liable, or be considered to be in breach of this Agreement, on account of DOT818’s delay or failure to perform as required under the terms of this Agreement as a result of any causes or conditions that are beyond DOT818’s reasonable control which DOT818 is unable to overcome through the exercise of commercially reasonable diligence (“Force Majeure Event”). Force Majeure Events may include, without limitation: acts of God, fires, explosions, telecommunications, Internet or network failure, results of vandalism or computer hacking, storm or other natural occurrences, national emergencies, acts of terrorism, insurrections, riots, wars, strikes or other labor difficulties, or any act or omission of any other person or entity. If any such Force Majeure Event was to occur, DOT818 will give Affiliate notice and will use commercially reasonable efforts to mitigate the impact of any such event as promptly as possible.

(B) Non-Exclusive/Assignment. You acknowledge and agree that DOT818 and its other affiliates may at any time (directly or indirectly) solicit Program and Network participants on terms that may differ from those contained in this Agreement or operate sites that are similar to or compete with you. Affiliate may not assign, transfer, or delegate any of its rights or obligations under this Agreement without the prior written consent of DOT818, and any attempts to do so shall be null and void. Subject to the foregoing limitation, the Agreement will inure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns.

(C) Disputes; Choice of Law/Venue. The Agreement shall be treated as though it were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of laws rules or provisions. Any controversy, claim, or dispute between the parties to this Agreement arising out of, in connection with, or in relation to the interpretation, validity, performance or breach of this Agreement shall be resolved to the exclusion of a court of law by binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association then in effect. Any award rendered shall be final and conclusive, and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude DOT818 from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Any award rendered shall be final and conclusive, and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude DOT818 from seeking injunctive relief in order to protect its rights pending an outcome in arbitration, nor limit any legal remedies available to DOT818. Notwithstanding anything herein to the contrary, DOT818 may, in its sole discretion, elect to file an action in any court of competent jurisdiction in Los Angeles County, California, in lieu of and despite the alternative dispute resolution provision above. DOT818 shall be entitled to an award of its reasonable costs and expenses, including attorneys' fees, in any action or proceeding in connection with, arising out of, or under the Agreement. Any claim under this  Agreement, other than for indemnity and defense, must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be forever barred.

Nothing in this Agreement, either express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. To the extent permitted by law, Affiliate agrees that Affiliate will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that Affiliate may have against DOT818 and/or its employees, officers, directors, members, representatives and assigns. Affiliate agrees to the entry of injunctive relief to stop such a lawsuit or to remove Affiliate as a participant in the suit. Affiliate agrees to pay the attorney's fees and court costs that DOT818 incurs in seeking such relief.

(D) Modification. This Agreement represents the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements between the parties, whether written or verbal.

(E) Non-Waiver. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

(F) Severability. If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law by a court or arbitrator of competent jurisdiction, then such provision will be severed and replaced with a new provision that most closely reflects the real intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.

(G) Status of the Parties. DOT818 and Affiliate are independent contractors. This Agreement shall not be construed to create any employment, partnership, joint venture, agency, franchise, or sales representative relationship between the Parties. Affiliate shall have no authority to bind DOT818 into any agreement, nor shall Affiliate be considered to be an agent of DOT818 in any respect.

(H) Record Keeping; Audit Rights. Affiliate shall maintain true and correct books containing a record of all information pertinent to its participation in the Network during the term of this Agreement and for a period of one (1) year thereafter. DOT818 or its agent shall be entitled to review, at DOT818’s expense, during regular business hours and upon not less than five (5) days’ written notice, such relevant books and records for the purpose of verifying Affiliate’s compliance with the terms of this Agreement and all applicable laws, rules, and regulations. If DOT818 discovers any breach of this Agreement or violation of any applicable laws, rules, or regulations, then the audit shall be at the sole cost and expense of Affiliate and DOT818 may terminate this Agreement.

(I) Rights of Parties. Unless otherwise specified, the rights and remedies granted to a Party under this Agreement are cumulative and in addition to, not in lieu of, any other rights and remedies which the Party may possess at law or in equity.

(J) Headings. The inclusion of headings in this Agreement is for convenience of reference only and shall not affect the construction or interpretation hereof.

(K) Notices. Any notices under this Agreement shall be sent to the addresses set forth in the Insertion Order (or in a separate writing agreed to in writing by the parties) by facsimile, electronic mail, U.S. mail (registered or certified) or express delivery service; and shall be deemed given upon transmission.

Thank you for visiting the Dot818™ website located at www.dot818.com (the “Site”). The Site is the Internet property of DOT818 (“Dot818™,” “we” or “us”). By using and/or accessing the Site, you are agreeing to comply with and be legally bound by the following Dot818™ Website Terms and Conditions (“Terms and Conditions”).

These Terms and Conditions are inclusive of any operating rules, policies, price schedules or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time including, without limitation, the separate Dot818™ Affiliate Agreement, Dot818™ Advertiser Agreement and Dot818™ Privacy Policy (collectively, the “Network Agreements” and, together with these Terms and Conditions, the “Agreement”). Where there is a conflict between these Terms and Conditions and any Network Agreement, the applicable Network Agreement shall take precedence on all matters. Please review the terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.

Acceptance of Agreement

You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site. The Agreement constitutes the entire and only agreement between you and Dot818™ with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes. If you do not agree to be bound by the following Terms and Conditions of the Agreement, do not access or use this site.

Requirements

The Site is available only to individuals who can enter into legally binding contracts under applicable law. By using this Site, you represent that you are not under the age of eighteen (18). You further represent you have the capacity to be bound by these terms. If you are using this Site on behalf of a company or other entity, your use of the site represents your acknowledgment of having the authority to bind such company or entity. By using the Site, you further represent you will refrain from placing or transferring any unlawful, offensive, threatening, defamatory, profane, or obscene material or any other material that may violate, or encourage violation of, any applicable law. Dot818™ assumes no responsibility or liability for any threat, defamation, profanity, obscenity, or other inaccuracy or misrepresentation contained in or resulting from such prohibited content.

Dot818 Network

Only by registering on the Site, completing the applicable Dot818 Network Agreement as either an Affiliate or Advertiser and receiving approval from Dot818™, can you utilize the affiliate marketing network operated by Dot818™ (the “Dot818 Network”). The Dot818 Network allows: (a) interested third party Affiliates including, but not limited to, marketers, publishers, advertisers and advertising agencies, to obtain Creative Materials (as that term is defined in the applicable Network Agreement) for various Advertiser products and/or services and market such products and/or services on Affiliate websites and/or through other online media as authorized by Dot818™; and (b) interested Advertisers to attract and retain third party Affiliates in connection with the marketing of their products and/or services. Dot818™ reserves the right to prohibit any conduct by Advertisers and Affiliates. Notwithstanding the foregoing, Dot818™ undertakes no responsibility to monitor or otherwise police the use of Creative Materials or other activities of Affiliates, Advertisers and/or other third parties. You understand and agree that Dot818™ will not be responsible for such Creative Materials and other information. You agree that Dot818™ shall have no obligations and incur no liabilities to you in connection with any Creative Materials and other information appearing in the Dot818 Network or otherwise made available by and through the Site.

Please use caution, common sense and safety when using the Dot818 Network and/or other areas of the Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Affiliates, Advertisers and/or other third parties. Because we are not involved in such interactions, in the event that you have a dispute with one or more Site-users, Affiliates, Advertisers and/or other third parties, you hereby release Dot818™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Dot818™ reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Affiliates, Advertisers and/or other third parties.

Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Dot818™ is not responsible or liable in any manner whatsoever for your inability to use and/or qualify as either an Affiliate or Advertiser for any current or intended marketing campaign or any associated functionality. You understand and agree that Dot818™ shall not be liable to you or any third party for any modification, suspension or discontinuation of the Dot818 Network, any Dot818™ products and/or services or any products and/or services by any of the Affiliates and/or Advertisers. These Terms and Conditions only govern your use of the Site and ability to register for the services provided on the Site. To access the Dot818™ Affiliate Agreement, Click Here. To access the Dot818™ Advertiser Agreement, Click Here. To access the Dot818™ Privacy Policy (“Privacy Policy”), Click Here.

License

By using the Site, You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Registration through the Site shall confer no right to participate as a dot818 Affiliate. Once approved as an Affiliate, You shall be subject to the restrictions contained in the applicable Network Agreement regarding use of the Creative Materials, the dot818 Network and other materials made available therein. Dot818™ may terminate this license at any time for any reason. You may use the Site for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Creative Materials, Site, any content featured therein or any portion thereof. Dot818™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or dot818 Network. You may not take any action that imposes an unreasonable or disproportionately large load on dot818™ infrastructure. Your right to use the Site is not transferable.

Proprietary Rights

The Creative Materials, content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site and dot818 Network are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Images of individuals exhibited on the Site are the property of, or used with consent by, dot818™. The copying, redistribution, publication or sale by You of any part of the Creative Materials, dot818 Network or Site is strictly prohibited. You do not acquire ownership rights in or to any Creative Materials, content, document, software, services or other materials viewed at or through the Site and dot818 Network. The posting of information or material on the Site and dot818 Network by dot818™ does not constitute a waiver of any right in such information and/or materials. The Trademarks and Service Marks displayed on the Site and dot818™ Network are protected under trademark and other proprietary rights. Except as provided in this Agreement, any use of such Trademarks and Service Marks displayed on the Site and dot818 Network, without the written consent of dot818™ or third party owner of such Trademarks and Service Marks, is strictly prohibited.

Editing, Deleting and Modification

We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

Indemnification

You agree to indemnify and hold dot818™, its parents, subsidiaries, and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, Creative Materials and/or dot818 Network; (b) your breach of the Agreement; and/or (c) any dispute between you and any Site-User, Affiliate, Advertiser, any third party or other entity. The provisions of this paragraph are for the benefit of dot818™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on its own behalf.

Disclaimer of Warranties

The Site, the dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site are provided to You on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, dot818™ makes no warranty that: (a) the Site, the dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site will meet your requirements; (b) the Site, the dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site will be uninterrupted, timely, secure or error-free; (c) You will qualify as either an Affiliate or Advertiser; or (d) the results that may be obtained from the use of the Site and/or dot818 Network will be accurate or reliable. While the Company uses reasonable efforts to maintain the accuracy and security of the Site, the Site may contain bugs, errors, inaccuracies, unauthorized alterations, problems or other limitations. We will not be liable for such inaccuracies, unauthorized alterations, bugs, errors, problems, limitations, or the availability of the underlying internet connection associated with the site and/or dot818™ Network. No advice or information, whether oral or written, obtained by you from dot818™ or otherwise through or from the Site, dot818 Network, any Affiliate and/or any Affiliate and/or Advertiser, shall create any warranty not expressly stated in the Agreement.

Limitation of Liability

You expressly understand and agree that dot818™ shall not be liable to You or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if dot818™ has been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the Site, the dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information and/or services purchased or obtained from, or transactions entered into through, the Site and/or dot818 Network; (c) the failure to qualify as either an Affiliate or Advertiser; and (d) any other matter relating to the Site, dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts. You hereby release dot818™ from any and all obligations, liabilities and claims in excess of the limitation stated herein. If applicable law does not permit such limitation, the maximum liability of dot818™ to you under any and all circumstances will be five hundred US dollars ($500.00). The negation of damages set forth above is a fundamental element of the basis of the bargain between You and dot818™. The Site, the dot818 Network, Creative Materials and/or any products and/or services that You may apply for through the Site would not be provided to You without such limitations.

Export Control

Any Creative Materials made available from or through the Site are or may be subject to United States export controls. No such Creative Materials from the Site may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders (each, a “Restricted List”). By using or downloading any Creative Materials from the Site, you are warranting that You are not located in, under the control of, or a national or resident of, any such country or on any Restricted List.

Third Party Websites

The Site may provide and/or refer You to links to other Internet websites and/or resources. Because dot818™ has no control over such third party websites and/or resources, You hereby acknowledge and agree that dot818™ is not responsible for the availability of such third party websites and/or resources. Furthermore, dot818™ does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

Privacy Policy

Use of the Site, and all comments, feedback, information or materials that you submit through or in association with the Site, are subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, Click Here.

Patriot Act

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you.

Additional Income Disclosure

Alimony, child support, or separate maintenance income need not be disclosed unless relied upon for credit.

Federal E-SIGN Act Disclosure and Consent

Under the federal E-Sign Act and related state laws, with your consent, we can deliver required information and disclosuresto You electronically and can use electronic records and electronic signatures in connection with your transactions with us. Therefore, when an Affiliate completes our electronic form and clicks the “I Agree,” or “Submit” (or such similar button as may be used by dot818™ to accept its Agreement(s)), You are agreeing to submit a legally-binding e-signature and thus agree to be bound by the legal Agreement. By doing so, You acknowledge that your electronic submissions of information constitute your understanding of and intent to be bound by this Agreement, and You hereby waive your rights under any statutes, regulations, rules, laws, or ordinances in any jurisdiction that may require an original signature or delivery of non-electronic records.

If You do not agree to receive required information and disclosures electronically, or do not agree to use electronic signatures in connection with your transactions with us, You should not agree to the terms of this Agreement. If You do not consent to receiving the required information and disclosures electronically, or do not consent to the use of electronic signatures in connection with your transactions with us, we will not be able to proceed with the acceptance and processing of your transaction.

Legal Warning

Any attempt by any individual, whether or not a dot818™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and dot818™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

Miscellaneous

The Agreement shall be treated as though it were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the terms or conditions of the Agreement, or the breach of same by any Party hereto, the Parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Los Angeles, California, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the Parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any Party from seeking injunctive relief in order to protect its rights pending arbitration. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against dot818™ and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit. You agree to pay the attorney’s fees and court costs that dot818™ incurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing You from bringing, joining or participating in class action lawsuits is an independent agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between You and dot818™ and governs your use of the Site, superseding any and all prior and/or contemporaneous agreements between you and dot818™. To the extent that anything in or associated with the Site and/or any dot818™ offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence; provided, however, that where there is a conflict between the Agreement and any Network Agreement, the applicable Network Agreement shall take precedence on all matters. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

Thank you for visiting the dot818.com website (“the “Site”). This Privacy Policy (“Policy”) applies to this Site. It tells Users (“You,” “Your,” or “Applicant”) about the Site and services provided therein, about the information collected by dot818, and how dot818 uses and shares this information. This Site is operated by dot818, a Limited Liability Company. This Privacy Policy replaces any privacy policy previously delivered to you or appearing on the Site, any transaction agreement, or any other document previously delivered to you

Types of Information We Collect

Dot818 collects both “personally identifiable information” and “non-personally identifiable information” from or about Users.

Personally Identifiable Information

Dot818 collects several types of information that may identify a particular individual (“personally identifiable information”). We collect personally identifiable information when You provide it to us through Your use of the Site and through completing an Agreement with dot818 (“Agreement(s)”). Additionally, the Site may collect personally identifiable information when You register with us through our Site, when You complete a form or survey connected to our Site, and through Your usage of our Site. The types of personally identifiable information we collect may include, but is not limited to: (a) full name; (b); physical mailing address; (c) daytime, evening, and mobile telephone number; (d) Social Security Number; (e) email address; (f) date of birth; (g) driver’s license number and state; (h) gender; (i) marital status; (j) occupation; (k) employment information; (l) salary information; (m) credit card information and ID verification information; and (n) citizenship status.

Non-Personally Identifiable Information

Non-personally identifiable information is anonymous information that cannot be associated with a specific individual. The types of non-personally identifiable information that we collect (either directly, through the use of “cookies,” or through the use of a third party tracking system) may include, but is not limited to: (a) the IP address of the computer making the request; (b) Your browser type and language; (c) access times; (d) information about areas of the Site visited by Users of the Site; (e) information about the links that Users may select to visit on the Site; (f) the type of browser You are using (i.e. Internet Explorer, Firefox); and (g) the type of operating system You have (i.e. Mac OS). IP addresses are not usually associated with Your personal computer, but with a portal through which You accessed the Internet. IP addresses are not linked to personally identifiable information. A “cookie” is a piece of information a web site sends to Your computer while You are viewing the web site to remember who You are without personally identifying You.

Dot818 may share non-personally identifiable information to improve the design and content of our Site, to allow us to personalize Your experience online, and for the purpose of Site statistical and trend analysis. This information is not linked to any personally identifiable information that can identify an individual person.

Information Collected by Third Parties

We may allow third parties, including advertising partners and payday loan lenders, to display advertisements on our Site. These companies may use tracking technologies, including cookies, to collect information about Users of our Site who view or interact with these advertisements. Dot818 does not provide personally identifiable information to these third parties. However, these parties may contact You via email to follow-up or offer You additional services.

How We Use Personally Identifiable Information

We use information collected to through this Site to deliver the products or services You have requested; provide You with customer support; to send Your confirmations and/or to provide You with information; to communicate with You by email, postal mail, telephone, and/or mobile devices about products or services that may be of interest to You either from us, our marketing partners, or other third parties; to display advertising tailored to Your interests or background; perform data and statistical analysis on use of the web site; to enforce our Privacy Policy and Terms of Use, and to perform any other functions otherwise described to You at the time we collect the information.

We may supplement the information we collect online with outside records to enhance our ability to serve You, to tailor our content to You and to offer You opportunities to purchase services or products we have reason to believe may be of interest to You.

Disclosing Your Information

We may share Your personally identifiable information (not including Your financial account information and social security number) with unaffiliated third party marketers and list managers with whom we have a business relationship. Any third parties with whom we share personally-identifiable information may have their own policies which describe how they use and disclose Your information. Those policies will govern the use, handling, and disclosure of Your information once we have transferred or shared it with those third parties as described in this Policy or our Terms of Use.

Dot818 will not sell or share Your personal information; however, we may disclose the information we collect about You: (a) to third party vendors to carry out services performed for dot818; (b) in the event dot818 is sold to another entity, as an asset, Your personal information may be disclosed; (c) in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement agency or other government agency; (d) to establish or exercise our legal rights; (e) to defend against legal claims; (f) as necessary to investigate, prevent, or take action regarding illegal activity, suspected fraud or other wrongdoing; (g) to protect and defend the rights, property, or safety of our company, our employees, our Site Users, or others; (h) to enforce our website terms and conditions or other agreements or policies; and (i) as otherwise required by law.

Links to Third Party Web Sites

We may provide links or automatically redirect You to third party web sites that do not operate under this Policy. Dot818 is not responsible for the activities and practices that take place on these sites. We recommend that you review the privacy statements and terms of use of all third party web sites You access. These third party web sites may independently solicit and collect information from You. On occasion, those third party web sites may provide us with information about Your use of those sites.

Security

We have put in place physical, procedural, and technological security measures to help prevent unauthorized access to and improper use of the information we collect online. For example, only authorized employees and authorized third parties are permitted to access personally-identifiable information, and they may do so only for permitted business functions. No web site or Internet network can be completely secure. While dot818 takes reasonable security precautions to secure the personal information that You provide to us against loss, misuse alteration or unauthorized access, we do not guarantee, and You should not expect, that Your personal information, searches, or other communications will be fully secure. Any transmission of personal information is done at your own risk.

No Information Collected From Children

Our Site is not intended for use by children under the age of eighteen (18). We will never knowingly collect any personal information from children under the age of eighteen (18). Because dot818 does not collect information on children under the age of eighteen (18), we do not have such information to use or disclose to third parties.

Dot818 Site Privacy Changes

Dot818’s policies, content, information, promotions, disclosures, disclaimers and features may be revised, modified, updated, and/or supplemented at any time and without prior notice at the sole and absolute discretion of dot818. Changes to this Policy will be posted on the Site. You should review this Policy each time You access the Site. If we make any material changes in the way we collect, use, and/or share personal information that may impact You, we will notify You by sending an email to the email address You most recently provided to (unless we do not have an email address for You) and/or by prominently posting notice of the changes on this Site.

Accessing Your Personally-Identifiable Information

If You would like to review and/or request changes to the personally identifiable information that we have collected about You through Your use of this Site, please contact us in writing or by sending an email to the addresses below.

Contact Us

If you have questions, comments, or concerns regarding our Privacy Policy, please write to us by clicking here.

You may also contact us by direct mail: dot818.com 1111 N Brand Boulevard Suite 401, Glendale, CA 91202

In our ongoing effort to provide reliable and transparent services to all users of our Site, dot818 strives to abide by the Online Lenders Alliance’s (“OLA”) Best Practices, the industry’s leading guidelines for online lending and marketing. As an active OLA member, we work hard to ensure that all third party affiliates we associate with comply with these Best Practices, as it is our responsibility to police our affiliates for their compliance.

Below is an overview of OLA Best Practices that we require our affiliates to follow in their business activities and marketing practices. Please contact your Account Manager or dot818’s Compliance Department if you have any questions.

Advertising and Marketing Best Practices Guidelines:

  • Never engage in activities that are unfair, abusive, or deceptive.
  • All advertisements and representations should be truthful, accurate, and reflective of the products and/or services actually provided.
  • Clearly and conspicuously disclose to your site users that the owner of the Site (i.e. you) is not a lender and does not make lending decisions. Inform consumers that the owner of the Site is a loan-matching service or referral service that may match the consumer with a participating lender.
  • Clearly and conspicuously disclose that you cannot guarantee a loan or loan amount, or that the consumer will be matched with a lender.
  • Do not advertise that a loan can be approved despite bad credit/no credit or that no credit check will be run. Inform users that that some lenders may conduct credit checks through credit bureaus or other providers of credit information.
  • Do not advertise that faxing is not required. Inform your site users that some lenders require faxing.
  • Only advertise for credit terms that are actually available. Do not advertise that loans can be taken out for more than $1,000.
  • Do not make inaccurate or misleading representations concerning how long it will take before cash is available to the consumer. Inform consumers that their funds may be available as soon as the next business day. Do not say cash will be available within “one hour” or “same day.”
  • If you include testimonials on your site, make certain those testimonials are actual statements by real consumers and users of your site. This must be verifiable.

Terms to Avoid:

  • Bad Credit ok
  • 100% Approval
  • 100% Secure
  • Guaranteed
  • Pre-Qualified/Pre-Screened/Pre-Approved
  • X% interest
  • X Number of Payments
  • X Payment Period
  • Down Payment
  • Instant/Instantly
  • Immediate/Immediately
  • Automatically
  • Apply/Application
  • Within Minutes
  • Within Hours
  • Within One Hour
  • Matched/Match You
  • Same Day
  • $1000 or more
  • Our Loans/Our Payday Loans
  • No Faxing
  • No Credit Check
  • Most Favorable
  • Lowest Rate/Lowest Fee
  • Best Rate/Best Lender/Best Loan/Best Possible
  • Get Matched to the Best Lenders with Great Rates
  • We Find You the Best Lender

Terms and Conditions, Privacy Policy, and Disclosures:

  • All sites should have a clear and conspicuous "Terms and Conditions," "Privacy Policy," and “E-Consent” and links to these pages should be clearly visible on each page. No representations elsewhere on the site should contradict these terms (including but not limited to text, graphics, and marketing materials used by affiliates).
  • Disclosures must state that the site cannot guarantee a loan match nor can it guarantee the amount of a loan. The page must also state that some lenders perform a credit check. Statements to the contrary cannot be made anywhere on the site. The page must also disclose that application information provided by consumer will be shared with one or more lenders.
  • Affiliates who are not lenders should clearly indicate so on their site(s).
  • Within your Privacy Policy, clearly disclose the categories of personally identifiable information collected, with whom it is shared, how it is used and how it is secured. Provide consumers with a clear statement of their opting-in, and provide consumers with a clear means of opting-out of receiving communications.
  • Accurately disclose whether third parties may collect personally identifiable about an individual consumer's online activities over time and across different websites, when a consumer uses your website.
  • Websites must include a physical address and telephone number on the “Contact Us” page, and the website owner(s) must be easily identifiable.
  • Websites cannot suggest misleading affiliations, infringe on third party intellectual property rights, infringe on trademarks of others or use third party designs.
  • Before consumers proceed from the short form to the long form, they must be required to click a box affirming their confirmation of the following statement, located at the bottom of the short form: “By submitting your information, you acknowledge that you have read, understand, and agree to the terms of our Privacy Policy, Terms & Conditions, and E-Consent, that you consent to your information being shared with our affiliated third parties, and that you agree to receive communications from the owner of this Site or such third parties through email, SMS, or phone.”
  • The terms "Privacy Policy," "Terms & Conditions," and “E-Consent” in the statement above should be hyperlinked to each respective document.

Educate and Inform Consumers:

  • Inform consumers of the implications of late payment (e.g., that late payments may result in additional fees or the commencement of collection activities, or both).
  • Educate consumers on the consequences of non-payment (e.g. non-payment of credit could result in collection activities).
  • Inform consumers that each lender has its own Terms and Conditions, and that consumers are strongly encouraged to thoroughly read their lender’s policies before agreeing to the loan offer.
  • Educate the consumer on the continued use of loans (i.e., renewals, extensions, back-to-back loans). Include a clear and conspicuous disclosure that "Each lender has its own renewal policy, which may differ from lender to lender."
  • Offer information on responsible lending practices.
  • Inform consumers that aside from federal law regulating consumer financial services, state laws impose additional restrictions on and requirements of lenders and these vary from state to state.

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