HometownQuotes Affiliate Program Terms and Conditions

This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate in the Affiliate Program of HometownQuotes.Com and the establishment of links from your affiliated web site to our website at HometownQuotes.com.

1. Obligations of the Parties

1.1 Set-Up and Maintenance of Links. Licensee agrees to perform any services necessary to set-up and maintain on the Licensee’s web site all appropriate links to the HometownQuotes.com site.

1.2 Exclusivity. This agreement does not prevent an Affiliate from selling or fulfilling its own proprietary merchandise on its site or from accepting paid advertising from other companies in the same industry as HometownQuotes.Com. However, both such actions are not to occur on any HometownQuotes.com co-branded pages. Licensee shall not provide any insurance lead provided to HometownQuotes.com to another company.

1.3 Payments and Fees. During the term of this Agreement, HometownQuotes.Com shall pay Licensee transaction fees in accordance with the terms and schedule set forth in Exhibit A, Transaction Fees. All payments and fees paid to either party shall be made by check or wire transfer in US dollars to the other party’s bank account.

1.4 Confidentiality. Except as otherwise provided in this Agreement or with the consent of the other party, each of the parties agrees that all information including, without limitation, business and financial information, customer and vendor lists, and pricing and sales information will remain strictly confidential and secret and shall not be utilized directly or indirectly by such party for its own business purposes or any other purpose unless: 1) the information is available to the general public without a wrongful act of the receiving party 2) the other party agrees in writing the information may be disclosed without restriction 3) the information is already known to the receiving party 4) the information is developed independently by the receiving party without reference to any Confidential Information provided by the other party 5) the information is furnished by the other party to a third party without restriction on disclosure or 6) the information is disclosed pursuant to a court order.

1.5 Marketing. Licensee shall not produce traffic to HometownQuotes.Com or its website in any way that uses the intellectual property of a third party, including, but not limited to, trademarks, service marks, trade names, or copyright protected materials, and which intellectual property is neither owned nor licensed by HometownQuotes.Com nor owned by you, the Licensee. A list of banned keywords, including trademarked terms can be found here. Please be sure to read this carefully before agreeing to these terms. This list may be updated periodically. (The use of any insurance company name in marketing is forbidden without prior written approval by HometownQuotes.Com).

1.6 Indemnification: Licensee agrees to indemnify and hold harmless HometownQuotes.Com [and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners,] against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses(including reasonable attorney’s fees) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license intellectual property or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

1.7 Relationship of Parties. Licensee and HometownQuotes.com are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.. Licensee will have no authority to make or accept any offers or representations on behalf of HometownQuotes.com. Licensee will not make any statement, whether on its site or otherwise, that might reasonably contradict anything in this Section.

1.8 Limitation of Liability. HometownQuotes.com 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 affiliate program even if HometownQuotes.com has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the affiliate program will not exceed the total commissions paid or payable to you under this agreement.

1.9 Modification of Agreement. HometownQuotes.Com may modify any of the terms and conditions contained in this Agreement at any time in its sole discretion. You will be notified by email and a change notice will be posted on our web site. Modifications may include, but are not limited to, changes in the scope of available fees, fee schedules or payment procedures, and Affiliate Program rules. If any modification is unacceptable to Licensee, Licensee’s only recourse is to terminate this Agreement. Licensee’s continued participation in the Affiliate Program following the posting of a change notice or new agreement on HometownQuotes.Com web site will constitute binding acceptance of the change.

2. Terms of Agreement and Termination of Agreement.

2.1 Term of Agreement. The term of this Agreement shall be for a period of six months from the Effective Date.

2.2 Termination for Cause. Either party may terminate this Agreement at any time upon the giving of written notice: (i) in the event that the other party fails to discharge any obligation or remedy any default under this Agreement for a period continuing more than thirty(30) days after the aggrieved party shall have given the other party written notice specifying such failure or; (ii) in the event that the other party makes an assignment for the benefit of creditors, or commences or has commenced against it any proceeding in bankruptcy, insolvency, or reorganization pursuant to bankruptcy laws or laws of debtor’s moratorium.

2.3 Termination by HometownQuotes.Com. HometownQuotes.Com may, in its sole discretion, promptly terminate the HometownQuotes.Com Service in the event Licensee uses the HometownQuotes.com Service in any libelous, defamatory or inappropriate manner. Licensee hereby waives and releases HometownQuotes.Com from all claims, liabilities and damages arising form the termination. Further licensee waives any and all present and future rights to commissions earned from the date of such action.

2.4 Effect of Termination. Upon termination of this Agreement for any reason, all rights and licenses granted under this Agreement shall immediately termination and Licensee shall immediately cease use of the HometownQuotes.Com Service and any Licensed Marks and Licensee shall immediately remove all links to HometownQuotets.Com. Payment will be made on commissions earned up through the date of termination.

EXHIBIT A - TRANSACTION FEES

• HometownQuotes.Com shall pay Transaction Fees to Licensee in accordance with the following terms.
• Transaction – Transaction shall be deemed to have occurred when a Licensee consumer fully submits the request and HometownQuotes.Com can market the request.  In the case of agent referrals, Licensee shall be paid according to the schedule provided in Table 2 below.
• Fees – All Insurance Products. Licensee will receive a minimum fee based on the type of lead generated. (See Table 1 below). The payout is determined by the previous month's lead volume. Higher payouts are available for larger producing accounts. Any fees different from the minimum fees listed in the table below will be negotiated on a case-by-case basis. HometownQuotes.Com only pays for leads from inside the United States.  HometownQuotes.Com does not pay for insurance quotes where all consumers are age 18 and younger.

Table 1:

Lead Type Average Payout (Based on previous month's volume)

Leads/Month 1-25 26-50 51-100 101-250 251-500 501+                   Auto $8.15 $8.35 $8.60 $9.00 $9.50 Call for Pricing   Home $8.50 $8.75 $8.95 $9.35 $9.75 Call for Pricing   Life $11.50 $11.75 $12.00 $12.50 $13.00 Call for Pricing   Health $7.10 $7.25 $7.45 $7.70 $7.95 Call for Pricing   Renters $3.60 $3.70 $3.80 $4.10 $4.60 Call for Pricing

Table 2:

Agent Referral Payouts

Agent Sign-Ups - $60.00 Per Lead Purchased by Agent - 5% There is NO limit in the total payouts for each agent referred to HometownQuotes

 

• Online Tracking – HometownQuotes.Com contains technology that will track the requests sourced through the Licensee site from quotes sourced from other HometownQuotes.Com programs. License will have online statistics available through a third party reporting service or the HometownQuotes.Com reporting service. HometownQuotes.Com will distribute the applicable fees in accordance with the terms of this Agreement.
• Payment Terms - Fees will be paid to Licensee monthly on the last day of each month, no less than 15 days after the commencement of this Agreement.