1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.

2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

3) Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

4) National Payday Agrees To: Pay Affiliate a commission of $110.00 per new National Payday customer that you refer from your site. To be eligible for the commission, the customer must complete an application, be accepted by National Payday, have the loan funded, and not be a previous National Payday customer. All determinations of whether a commission is payable will be made by National Payday and will be final and binding on Affiliate. Checks for commissions will be issued, provided that your account has reached a minimum of $100.00. Accounts with a balance of less than $100.00 will roll over to the next month until the minimum is met.

5) Confidentiality: Except as specifically provided in this Agreement or with the consent of the other party hereto, each party agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.

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

7) Reservation of Rights: National Payday may terminate this Agreement at any time in its sole discretion, even if your site has not changed since the time that your Affiliate Program application was accepted. National Payday also reserves the right to monitor Affiliate sites and, at any time, determine whether they are not in compliance with this Agreement.

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

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

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

11) SPYWARE AND OTHER PARASITES: Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of MERCHANT and/or its partner sites) is subject to punitive actions by MERCHANT, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate's suspected malfeasance. MERCHANT encourages affiliates to report suspicions of such relationships; and, should substantial proof, as judged by MERCHANT, be provided, MERCHANT reserves the right to assign a value equal to unpaid monies earned by the offending affiliate (or a part thereof) to the reporting affiliate as a bounty.

12) Pay Per Click Keyword and Trademark Bidding: National Payday has worked diligently to define its brand and establish a solid market presence. In doing so, we've created proprietary assets including our name and other trademarked words. Based on this business philosophy, our terms and conditions regarding bidding on our trademarks and name in pay-per-click search engines are as set forth in this addendum and program agreement. We do not allow pay-per-click trademark bidding.

Affiliates are prohibited from bidding on National Payday’s trademarked words. Prohibited words are those including, but not limited to, any the following or variations thereof:

• National Payday
• NationalPayday
• NationalPay day
• Nationalpayday.com
• www.nationalpayday.com

Furthermore, do not use any phrase including "National Payday" in search engine bidding.

13) CAN-SPAM Act: Affiliate agrees to comply with the requirements of the CAN-SPAM Act of 2003 (the "Act") in its distribution of email that contains messaging regarding National Payday. More specifically, email that meets this criteria:

• May only be sent to recipients who have expressly given their advance consent to receive e-mail via some affirmative means, such as an opt-in procedure.
• Must have procedures for soliciting consent that include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given.
• Must retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipients and National Payday’s requests to produce consent evidence within 72 hours of receipt of the request.
• Must provide a valid physical postal address of Affiliate.
• The body of the email must describe how the email address was obtained, for example, "You opted in to receive this email promotion from our web site, or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received you email address please contact us at abuse@yourdomain.com."
• Must post an abuse@yourdomain.com email address on the first page of any Web site associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address.
• Must provide a functioning return email address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial email, a reply email or other Internet-based mechanism a request not to receive future commercial email from Affiliate - such as a link in the body of the email, or instructions to reply with the word "Remove" in the subject line. Revocations of consent must be honored within 72 hours. The return address or Internet-based mechanism must be capable of receipting such messages for at least thirty (30) days after the transmission of the original message. Affiliate may not send subsequent commercial email more than ten (10) business days after the recipient's request not to receive further emails has been received (unless there is a subsequent affirmative consent by the recipient to receive such emails). Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or release the email address of the recipient.
• May not contain materially false or materially misleading header information, or deceptive subject heading. You may not obscure the source of your email in any manner. Your email must include the recipients email address in the body of the message or in the "TO" line of the email.
• Must have a Privacy Policy posted for each domain associated with the mailing.
• Must have the means to track anonymous complaints.
• Your site does not (a) infringe trademark rights of yours or any third party or otherwise violate the rights of any third party, (b) contain sexually explicit materials, (c) contain hate/violent/offensive content, (d) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (e) promote illegal activities or otherwise violate any applicable laws, including those targeting "spyware," "adware" or spam or (f) violate any intellectual property rights, including, without limitation, scraping text or images from National Payday’s website.
• More information regarding the Can-SPAM Act may be found online at http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm