Bankrate Affiliate Program Terms and Conditions
Last Updated October 1, 2016
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING TO PARTICIPATE IN BANKRATE’S AFFILIATE PROGRAM (THE “PROGRAM”).
YOUR REGISTERING FOR PARTICIPATION IN THE PROGRAM OR YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, OR REVISED TERMS OR CONDITIONS FOR THE PROGRAM ON THE BANKRATE.COM SITE INDICATES THAT YOU (A) ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THESE TERMS AND CONDITIONS. IN ADDITION, IF THESE TERMS AND CONDITIONS ARE BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THESE TERMS AND CONDITIONS ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THESE TERMS AND CONDITIONS.
By enrolling in the Program, you may become authorized by Bankrate to display certain “Affiliate Widgets” from the Bankrate Affiliate Program on your Verified Website (as defined below).
Description and Content of Affiliate Widgets
“Affiliate Widgets” are elements of a graphical user interface that display various advertisements, rate listings or other information related to specific financial products, in which all data contained therein is physically located on a Web server owned and/or operated by, or on behalf of, Bankrate. Affiliate Widgets may take into account an Internet users’ geographic location, as well as other criteria supplied by the Internet user, to display to that Internet user rates, products or other information related to financial products. Affiliate Widget content may include, without limitation, the content described above, as well as logos, images, headlines which link to articles located at www.bankrate.com, search boxes which link to information located at www.bankrate.com, advertising for Bankrate and third party products, software files incorporated in, or generated by, the Affiliate Widgets, and any and all other data and html embedded code that accompanies the Affiliate Widgets, as well as any upgrades, enhancements, modifications, updates and revisions of such software and code as Bankrate implements or provides, in its sole discretion (collectively, "Widget Content"). Bankrate reserves the right to include within Affiliate Widgets information or editorial content that may not result in payments to you.
Registration to Participate in Bankrate’s Affiliate Program
To register to participate in the Program, you must provide Bankrate with certain registration information, which may include your name, website, company name, email address and phone number. If, in Bankrate’s sole discretion, you meet Bankrate’s validation criteria, Bankrate will send an email to the email address provided by you, containing an activation key. You must submit this activation key within the Bankrate Affiliate Program to complete your registration to participate in the Program (“Registration”). Bankrate may reject your request to participate in the Program for any reason, including, without limitation, if it determines that your website is unsuitable for any reason. Unsuitable websites include websites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by Bankrate in its sole discretion. In addition, current or former employees of Bankrate, and each of their family members, are ineligible to participate in the Program.
Website Ownership Verification Process
After registering to participate in the Program, you may log into the Bankrate Affiliate Program. Upon logging in, you must pass a website ownership verification process. If you pass the website ownership verification process, then, in Bankrate’s sole discretion, Bankrate may send you an email specifying that your website has been verified (the “Verified Website”) and confirming that, within an amount of time indicated by Bankrate, you may begin placing Affiliate Widgets on the Verified Website (collectively, the “Website Verification Process”).
Participation in Bankrate’s Affiliate Program
and your continued compliance with such other Program policies as Bankrate may provide from time to time within the Bankrate Affiliate Program. Bankrate reserves the right to refuse participation to any applicant or participant at any time in its sole discretion.
License and Restrictions on Use
Subject to your compliance with this Agreement, subject to any use, display and other restrictions within the Bankrate Affiliate Program, and upon your valid Registration and completion of the Website Verification Process, Bankrate grants you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Affiliate Widgets on the Verified Website, provided that you do not charge a fee or any other form of consideration to permit third parties, including, without limitation, users of the Verified Website, to use or access the Affiliate Widgets. You are not licensed to use the Affiliate Widgets for any other purpose. Nothing in this Agreement shall be deemed to grant you any right, title or interest in the Affiliate Widgets.
The Affiliate Widgets (including the software contained therein) and Widget Content are protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by Bankrate. Subject solely to the express parameters of the limited license granted to you pursuant to this Agreement, the Affiliate Widgets and the Widget Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without your obtaining the express prior written permission in each instance of Bankrate. In addition, neither Widget Content nor content at www.bankrate.com accessed through the Affiliate Widgets may be used in any manner that would constitute an endorsement (whether express or implied) by any person or entity of any product(s), service(s), activity(ies) or brand(s) contained on Verified Websites or otherwise owned or promoted by you.
You may not modify the Affiliate Widgets in any way other than as permitted by the specific customization options that may be offered by Bankrate from time to time (e.g. color, font, size and organization of the Widget Content).
Placement of Widgets
Subject to the terms of this Agreement, Affiliate Widgets may be placed and displayed on Verified Websites. Bankrate prohibits the placement or display of the Affiliate Widgets on any other websites or mediums, including, without limitation, social media websites related or unrelated to the Verified Websites, email communications, or any websites (including, without limitation, Verified Websites) that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by Bankrate in its sole discretion. In addition, you shall not place or display an Affiliate Widget on any webpage of the Verified Website that contains content competitive with or substantially similar to the Widget Content.
Link to Content Pages
When accessed by a User, all links within the Affiliate Widgets on Verified Websites send users directly to the intended destination as designated by Bankrate, whether such destination is located at www.bankrate.com, third-party Web page or other digital content . You may not display the Widget Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable webpage designated by Bankrate. You may not insert any intermediate page, splash page or other content between the Affiliate Widget link and the applicable webpage designated by Bankrate.
Communications Solely with Bankrate
In connection with this Agreement and the Affiliate Widgets, you shall contact Bankrate directly, and not any advertiser or third party, regarding any Widget Content (including advertisements) displayed within or in connection with the Affiliate Widgets.
You may earn fees only as described in this Section and only with respect to activity on the Bankrate website occurring directly through the Affiliate Widgets. We will have no obligation to pay you fees if you fail to properly format the links on the Verified Website to the Bankrate website, including to the extent that such failure may result in any reduction of advertising fee amounts that would otherwise be paid to you under this Agreement.
Subject to your compliance with this Agreement, You may receive a payment attributed to all Advertising Revenue (as defined below) generated directly by the Affiliate Widgets placed on the Verified Website solely from the following types of advertising, subject to the terms of this Agreement:
Graphic/Display Advertisements - advertisements sold and hosted by Bankrate featuring graphics and text laid out according to the advertiser’s design, as well as links to advertiser’s designated pages;
Cost Per Click (CPC) Hyperlink Advertisement - advertisements sold and hosted by Bankrate that are displayed on rate listings pages featuring text and links to advertiser’s designated destination pages and for which advertisers pay a price each time a user selects or clicks on such advertisement;
Cost Per Acquisition (CPA) Credit Card Advertisements - advertisements sold and hosted by Bankrate featuring graphics and text regarding credit card offers, as well as links to credit card advertiser’s designated destination pages, and for which advertisers pay a price per credit card application, credit card sale or lead obtained as a result of a user selecting or clicking on such advertisements; and
Cost Per Lead (CPL) Advertisements - advertisements sold and hosted by Bankrate featuring graphics and text regarding financial product or service offers, as well as links to advertiser’s designated destination pages, and for which advertisers pay a price per lead obtained as a result of a user selecting or clicking on such advertisements.
For purposes of this Agreement, the term “Advertising Revenue” means all revenue actually collected by Bankrate, minus applicable federal, state or local taxes and minus any refunds or credits made pursuant to Bankrate’s standard business practices.
Unless otherwise agreed to by the parties in writing (including by electronic mail), payments to you shall be sent by Bankrate within approximately 30 days after the end of each calendar month in which you earn a portion of the Advertising Revenue; provided, however, Bankrate will only send payments to you, if and when, your gross earned balance exceeds $100. In the event this Agreement is terminated, Bankrate will pay all amounts owed to you pursuant to this Agreement within approximately 30 days after the end of the calendar month in which this Agreement is terminated by you (following Bankrate’s receipt of your written request, including by email, to terminate this Agreement) or by Bankrate. In no event, however, shall Bankrate be required to make payments to you if your gross earned balance is less than $100. Payments may be made by check or direct deposit, in Bankrate’s sole discretion.
Notwithstanding the foregoing, Bankrate shall not be liable for any payment based on:
“Prohibited Paid Search Placement” means an advertisement that you purchased on a Search Engine through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions.
“Redirecting Link” means a link that sends users indirectly to the Bankrate website via an intermediate site or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage.
“Proprietary Term” means keywords, search terms, or other identifiers that include the word “bankrate,” “creditcard.com,” “bankrate.com, “interest.com,” “nationwidecardservices,” “creditcardsearchengine,” “savingforcollege,” “mortgage-calc,” “feedisclosure.com,” or any other trademark of Bankrate or its affiliates, or variations or misspellings of any of those words.
“Search Engine” means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.
Bankrate reserves the right to withhold payment or charge back your account due to any of the foregoing or any breach of this Agreement by you, pending Bankrate’s investigation of any of the foregoing or any breach of this Agreement by you, or in the event that an advertiser whose advertisements are displayed within the applicable Affiliate Widget defaults on payment for such advertisements to Bankrate. In addition, if you are past due on any payment to Bankrate in connection with any Bankrate program or other matter or agreement, Bankrate reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to you in connection with the Program by amounts owed by you to Bankrate.
To ensure proper payment, you are solely responsible for maintaining accurate address and other contact information as well as payment information associated with your account and, if applicable, direct deposit information for your account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Program. Bankrate may change its pricing and/or payment structure at any time. If you dispute any payment made under the Program, you must notify Bankrate in writing within thirty (30) days of any such payment; failure to so notify Bankrate shall result in the waiver by you of any claim relating to such disputed payment.
Payment shall be calculated solely based on records maintained by Bankrate. No other measurements or statistics of any kind will be accepted by Bankrate or have any effect under this Agreement.
Bankrate shall have no obligation to pay to you any amounts that are held by Bankrate and that are due to you (if any), but which Bankrate is unable to pay or deliver to you because your account is Inactive (as defined below). Bankrate may choose to allocate such amounts in its sole discretion, including, without limitation, contributing such amounts or a portion of such amounts to a charity of Bankrate’s choice. “Inactive” means that, based on Bankrate’s records: (a) for a period of two (2) years or more you have not logged into your account within the Bankrate Affiliate Program or accepted funds or payments that Bankrate has attempted to pay or deliver to you, and (b) Bankrate has been unable to reach you, or has not received adequate payment instructions from you, after contacting you at the address shown in Bankrate’s records.
You agree that Bankrate may use your name and logo in presentations, marketing materials, customer lists, financial reports, and website listings of customers. You shall provide Bankrate with a logo or other trademark (an "Affiliate Mark") to be used in conjunction with any such listing. By doing so, you grant Bankrate a non-exclusive, non-transferable, revocable right to use that Affiliate Mark when listing participants in the Program and for no other purpose. You hereby grant to Bankrate a non-exclusive, non-transferable, worldwide, royalty-free license to use your Affiliate Mark on the Bankrate Website.
You agree not to issue any press release or make any other public communication with respect to this Agreement, your use of the Widget Content or the Affiliate Widgets, or your participation in the Program. You will not misrepresent or embellish the relationship between Bankrate and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
Your Representations and Warranties
You represent and warrant that (a) all of the information provided by you to Bankrate to enroll in the Program is correct and current; (b) you are the owner of each Verified Website or you are legally authorized to act on behalf of the owner of each Verified Website for the purposes of this Agreement and the Program; (c) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you under this Agreement; (d) you have complied and will continue to comply with all applicable laws, statutes, ordinances and regulations (including, without limitation, any relevant data protection of privacy laws and the CAN-SPAM Act of 2003 and all other anti-spam laws) in your performance of any acts in connection with this Agreement and the Program and (e) you are, or the representative entering into this Agreement on your behalf is, at least 18 years of age. You further represent and warrant that each Verified Website and any material displayed therein: (i) complies with all applicable laws, statutes, ordinances and regulations; (ii) does not breach and has not breached any duty towards or rights of any person or entity, including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories; and (iii) are not pornographic, hate-related or otherwise violent in content.
Bankrate’s Ownership Rights
You acknowledge that Bankrate owns all right, title and interest, including, without limitation, all Intellectual Property Rights (as defined below), in and to the Program (including Affiliate Widgets, the Bankrate Affiliate Program, Bankrate’s technologies and Brand Features), and that you will not acquire any right, title or interest in or to the Program except as expressly set forth in this Agreement. All rights reserved. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Bankrate services, software or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related to the Program. You will not remove, obscure or alter Bankrate’s copyright notice, trade names, trademarks, service marks, logos, domain names and other distinctive brand features (collectively, “Brand Features”), or other proprietary rights notices affixed to or contained within any Bankrate services, software, or documentation. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
Bankrate may retain and use all information you provide, including, but not limited to Verified Website demographics and contact and billing information. You agree that Bankrate may transfer and disclose to third parties personally identifiable information about you for the purpose of approving or enabling your participation in the Program. Bankrate may also provide information in response to legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Bankrate disclaims all responsibility, and will not be liable to you, for any disclosure of such information by any such third party. Bankrate may share non-personally-identifiable information about you, including Verified Website URLs, statistics and other information collected by Bankrate, with advertisers, business partners, sponsors and other third parties. In addition, you grant Bankrate the right to access, index and cache the Verified Website(s), or any portion of them, including by automated means such as Web spiders and crawlers, and Bankrate may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of the Affiliate Widgets.
Bankrate acknowledges and agrees that you may operate one or more websites that are competitive with the Bankrate Website and your own websites. You acknowledge and agree that (i) Bankrate may operate one or more websites that are competitive with the Verified Website and (ii) the rights granted pursuant to this Agreement are not exclusive and Bankrate shall have the right at all time to grant the same or similar rights to other parties.
Right to Discontinue Affiliate Widgets
Bankrate reserves the right to discontinue providing any or all of the Affiliate Widgets at any time and to require you to cease displaying, distributing or otherwise using any or all of the Affiliate Widgets for any reason including, without limitation, your violation of any provision of this Agreement. Neither Bankrate, nor any of its advertisers, affiliates, sponsors, and licensees assume any liability for any of your activities in connection with the Affiliate Widgets or for your use of the Affiliate Widgets in connection with your website or the Verified Website, and you agree to indemnify, defend and hold Bankrate harmless form and against any claims arising from such activities or use.
Bankrate Makes No Representations or Warranties Regarding the Widget Content
THE WIDGET CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE AFFILIATE WIDGETS AND WWW.BANKRATE.COM ARE PROVIDED TO YOU ON AN "AS-IS" AND “AS AVAILABLE” BASIS. BANKRATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AFFILIATE WIDGETS, WIDGET CONTENT, WWW.BANKRATE.COM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE AFFILIATE WIDGETS OR WWW.BANKRATE.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AFFILIATE WIDGETS AND WWW.BANKRATE.COM AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE AFFILIATE WIDGETS, WIDGET CONTENT AND WWW.BANKRATE.COM IS AT YOUR SOLE RISK.
BANKRATE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF WIDGET CONTENT OR THE CONTENT, SERVICES AND PRODUCTS ASSOCIATED WITH THE AFFILIATE WIDGETS AND WWW.BANKRATE.COM, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE AFFILIATE WIDGETS, WIDGET CONTENT AND WWW.BANKRATE.COM. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE WIDGET CONTENT AND THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE AFFILIATE WIDGETS AND WWW.BANKRATE.COM. BANKRATE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE WIDGET CONTENT OR THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE AFFILIATE WIDGETS OR WWW.BANKRATE.COM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Widget Content is intended only to assist individuals with financial decisions and is broad in scope and does not consider an individual’s personal financial situation. Each individual’s financial situation is unique and the information and advice may not be appropriate for any particular individual’s situation. Accordingly, Bankrate recommends that you and your website users obtain additional information and advice of their respective accountant and other financial advisors who are fully aware of individual circumstances before making any financial decisions or implementing any financial strategy.
Limitations on Bankrate's Liability
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AFFILIATE WIDGETS, WIDGET CONTENT, OR BANKRATE’S WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of Bankrate
IF ANY UPDATE, AMENDMENT, MODIFICATION OR CHANGE IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING ANY UPDATE, AMENDMENT, MODIFICATION OR CHANGE THE BANKRATE.COM SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE UPDATE, AMENDMENT, MODIFICATION OR CHANGE.
You acknowledge that Bankrate may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Bankrate shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Agreement, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of New York County, NY (Borough of Manhattan)., or the United States District Court, Southern District of New York. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) the Affiliate Widgets and www.bankrate.com shall be deemed solely based in the State of New York; and (ii) the Affiliate Widgets and www.bankrate.com shall be deemed a passive website that does not give rise to personal jurisdiction over Bankrate, either specific or general, in jurisdictions other than the State of New York. This Agreement is governed by and construed in accordance with the internal laws of the State of New York, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in New York County, NY (Borough of Manhattan).
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE AFFILIATE WIDGETS, YOU CONSENT TO THESE RESTRICTIONS.
You and Bankrate shall select the arbitrator, and if you and Bankrate are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and Bankrate and your and Bankrate's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or Bankrate be entitled to punitive, special, indirect or consequential damages and both you and Bankrate hereby waive your and Bankrate's respective rights to any punitive, special, indirect, or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Bankrate, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in New York County, NY (Borough of Manhattan).
Relationship of the Parties
You and Bankrate are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Bankrate or our respective affiliates. You will have no authority to make or accept any offers or representations on Bankrate or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Bankrate from time to time, except for any rights granted to you to participate in the Program or any licenses granted to you, shall survive the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or www.bankrate.com, please contact us via any of the methods set forth below:
Via telephone: (561) 630-2400
Via fax: (561) 625-4540
Via mail (for written notices): Bankrate, LLC, 1675 Broadway, 22nd Floor, New York, NY 10019
Via email: email@example.com
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