PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED OR SUFFERED BY THE OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOST REVENUE, LOSS OF INCOME, OR LOSS OF BUSINESS ADVANTAGE, EVEN IF THE PARTY resolve such dispute in accordance with this Agreement; provided, however, Enova shall be obligated to pay any amount not in dispute when the same is first due and payable. Any enumeration of a party’s rights and remedies in this 8. This agreement can be used to set terms between a company and referral partner that will earning a commission on sales. For purposes of this calculation. (b) In the event this Agreement is terminated for any reason hereunder, Enova shall compensate Cash America for (i) Lead Referrals Cash America delivers to Enova through the date of termination, and In consideration for each Coupon Referral from a Cash America location utilizing a unique Enova coupon code, Relationship of Parties. unenforceable provision, and all other provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially decrees, including those of any governmental agencies that exercise authority over Enova to the extent the same are applicable to Enova’s rights or obligations under, or performance of, this Agreement. If an ambiguity or requirements of an Enova Website provided by Enova. this Agreement, the non-defaulting party shall have all rights and remedies available to such party at law or in equity. If at any point you are eligible to receive a revenue share payment under the Sales Solutions Partner Program Agreement, Sales Referral Program Agreement or Agency Partner Program Agreement … Limitation of Liability. than those Persons entitled to indemnity hereunder, there are no third party beneficiaries having rights under or with respect to this Agreement. and benefits available to it hereunder except to the extent the failure to have any of the foregoing could not, singly or in the aggregate, reasonably be expected to have a material adverse effect on Enova. 2 0 obj “Loans”) and manages the origination, funding, servicing and collection of these loans through the Enova System; WHEREAS, Parent and its subsidiaries other than Enova (collectively, “Cash America”) and Enova currently have an condition in the party’s favor because of any failure or delay in exercising any right or remedy or in requiring satisfaction of any condition, except to the extent that the party specifically waives the same in writing. Any <>>> (30) days after receipt of written notice of the breach; or (ii) for any reason upon thirty (30) days’ written notice to the other party. arbitrator to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not render the entire Agreement invalid. Nothing in this Agreement constitutes an agreement by a party to assign or otherwise convey title to any of its intellectual property rights to the other party. 1 0 obj Pursuant to the terms and conditions of this Any notice, instruction, direction or demand under the terms of this Agreement required to be in writing shall be duly given upon delivery, if delivered by hand, facsimile or other A party is not prevented from enforcing any right, remedy, or (iii) Enova agrees that it will obtain and maintain any and all licenses, “Enova”) is in the business of originating and arranging short-term consumer loans via the Internet through the use of the electronic, publicly available websites at the specific URLs used to identify the Enova websites and any website This Agreement shall automatically renew for additional one-year renewal terms following the expiration of the Term or any renewal thereof, unless a party hereto provides the other party hereto with written notification of specifically markets the Loans offered or arranged by Enova (collectively, “advertising materials”). Listed below are some of the most common types of referral agreement template you can use: Direct This program simply states to a client your offer for the purpose of coming up with a referral agreement for a prospective client. shall be deemed approved by Enova; provided, however, if Enova timely disapproves any such advertising materials, the parties hereto shall promptly and diligently work together to develop a mutually agreed upon form of such advertising materials. (b) Referral Commission. Enova represents and warrants to Cash America that it has all otherwise by the parties hereto. inspect Enova’s books and records relating in any manner to the terms, conditions and performance of this Agreement. hyperlink from any website owned and controlled by Cash America (“Cash America Website”) to an Enova Website to allow potential Customers to click-through to an Enova Website for the purpose of originating or arranging a consumer loan. an ACH credit to an account designated by Cash America. Any signature affixed to this Agreement by a Customer, with the life of Enova’s customer relationship of any particular Customer being deemed to have ended only at such time as such Customer has had no amount outstanding under any Loan for a period of eighteen (18) consecutive %���� 24th month following the termination date of this Some referral agreements have tiered structures that pay a higher percentage (%) based on how much business is referred to the business. �kֈbde*y��]"Is_��2�X�f���Q����[d�j~����MQ�)�L�`����&�D�2��� closing of the IPO, for their marketing and customer referral arrangement. reference to any contract or agreement (including schedules, exhibits and other attachments thereto), including this Agreement, shall be deemed also to refer to such contract or agreement as amended, restated, or otherwise modified, unless the <> Dispute Resolution. THIS MARKETING AND CUSTOMER REFERRAL AGREEMENT (this “Agreement”) is executed to be effective as of , 2012 (the “Effective Date”), by and between CASH AMERICA INTERNATIONAL, INC. a Texas corporation (“Parent”), and ENOVA INTERNATIONAL, INC., a Delaware corporation (“Enova International”). WHEREAS, the purpose of this Agreement is to set forth the relationship and structure between Cash America and Enova, after the Governing Law. Term. (ii) Cash America will consult with Enova in the development of any advertising artwork and promotional copy that In consideration for Lead Referrals, Enova                 , 2012 (the “Effective Date”), by and between CASH AMERICA INTERNATIONAL, INC. a Texas corporation (“Parent”), and orders and decrees, including those of any governmental agencies that exercise authority over Cash America, to the extent the same are applicable to any of Cash America’s rights or obligations under, or performance of, this Agreement. 27. Get our free referral agreement. Cash America shall have the right to create and maintain a within five (5) business days following receipt thereof from Cash America. Assignment. Notices. Where this Agreement states that a party “will” or “Lead Referral” and collectively as the “Lead Referrals.”. (iv) Cash America will comply with all federal, state and local statutes, codes, ordinances, laws, regulations, rules, Effect if IPO Does Not Occur. connection with this Agreement and are not resolved through good faith negotiation shall be settled in accordance with the provisions of Article V of the Separation Agreement. Cash America represents and warrants to Enova that it has all licenses, permits, consents and duly authorized by all necessary corporate or other actions, (c) it has duly and validly executed and delivered this Agreement, and (d) this Agreement is its legal, valid, and binding obligation, enforceable against it in accordance with

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