myFICO Affiliate Program Terms & Conditions

The myFICO Affiliate Program (the "Program") is offered by Fair Isaac Corporation, a Delaware corporation ("Fair Isaac"), which operates the myFICO.com web site ("myFICO Site"). Fair Isaac works with ShareASale to provide an opportunity for you to participate in the Program, and ShareASale administers portions of the Program on our behalf. Fair Isaac is the "Advertiser" under the ShareASale Publisher Service Agreement ("SHAREASALE Agreement"), you are the "Publisher," and the Program is a "Performance Marketing Program". The Program is offered to qualified businesses ("Affiliates") that operate one or more sites on the World Wide Web, that agree to the ShareASale Publisher Service Agreement and these myFICO Affiliate Program Terms ("Terms"), and that are approved by Fair Isaac. Under the Program, Affiliates are given the opportunity to earn commissions ("Payouts") on sales of products and services on the myFICO Site (all of which products and services are referred to in these Terms as ("Products") resulting from visitors linking from an Affiliate site to the myFICO site by means of a specially coded hyperlink ("Link"). These Terms contains the terms and conditions applicable to the Program. As used in these Terms, the terms "you" and "your" mean the applicant named in the Program application, and the terms "we", "us", and "our" mean Fair Isaac Corporation. You must read and agree to these Terms in order to become an Affiliate. By submitting your application you indicate your agreement to these Terms. We will review your completed application and will notify you of our acceptance or rejection of your application. Our acceptance will constitute our execution and delivery of these Terms to you. We hope we will be able to accept your application to the Program, but we must reserve the right to reject any Program applicant, in our sole discretion, for any reason.
1. Affiliate Web Site. In the Program application, you will be asked to designate a single URL as the URL for your web site. Web pages under that URL will be considered the "Affiliate Site". You may not change the URL for your Affiliate Site from the URL submitted in your Program Application or display Links on other Web sites without our prior written consent. If you wish to place Links on another Web site, you must submit a separate Program application for that site.
2. Links and other Fair Isaac Materials. If we accept your Program application, you will be given instructions for downloading Links and other materials ("Fair Isaac Materials") that you may display in as many locations within the Affiliate Site as you desire. The Links are advertisements or other graphics or text incorporating specially coded hyperlinks that link to the myFICO Site and allow the ShareASale referral tracking system to identify the Affiliate Site as the referral source for a visitor to the myFICO Site ("Visitor"). Fair Isaac Materials may be educational or descriptive material, advertisements, logos, or other materials promoting and/or describing the Products or the myFICO Site, and will generally contain one or more Links. Links and other Fair Isaac Materials must be displayed on the Affiliate Site exactly as provided (e.g., size, proportions, orientation, colors, type, text). In general, Links will be coded to cause the myFICO Site to open in a separate browser window or tab, with the original browser window containing the Affiliate Site remaining active. You may also use Links as long as you follow the guidelines that we may provide to you from time to time. You agree not to modify a Link or other Fair Isaac Material in any manner without our express written consent. In addition, you agree not to (i) take any action that would interfere with the intended function of the Link or cause a Link to function in any way other than as a standard Web hyperlink to the myFICO Site; (ii) alter the look or feel of the myFICO Site in the Visitor's Web browser software (for example, the myFICO Site may not be caused to appear as a "frame"); (iii) cause any "pop-up," "pop-under" or similar window to appear to a visitor clicking on a Link; (iv) impede the functions of the myFICO Site; or (v) perform any actions or use any functions which could permit you or any other party to monitor the interactions of a Visitor while using the myFICO Site. Under no circumstances may the act of a visitor to the Affiliate Site clicking on a Link (or any other hyperlink containing a Fair Isaac trademark or logo) cause a visitor to be directed to a site other than the myFICO Site or initiate any links or references other than to the myFICO Site. We have the right to monitor the Affiliate Site at any time to determine whether you are in compliance with these Terms and our advertising guidelines, and you agree to take any action we deem appropriate, in our sole discretion, if we determine that the Affiliate Site or your advertising is not in compliance. Notwithstanding any monitoring we may do, it is your sole responsibility to notify us of any "broken" Links.
3. Changes to Links and Fair Isaac Materials. We may change the form of the Links and other Fair Isaac Materials from time to time, and you agree to use only the most current Links and Fair Isaac Materials, as are provided to you from time to time. If you are provided with updated versions of the Links or other Fair Isaac Materials, you agree to replace the superseded Links or Fair Isaac Materials as soon as reasonably possible (not to exceed 30 days from the time you are provided with a new Link or other Fair Isaac Materials).
4. Suitability of Site. Your Affiliate Site must at all times be suitable, in our sole discretion, for participation in the Program, and you agree that all Links and other Fair Isaac Materials will be displayed in accordance with these Terms and in a professional and tasteful manner. Under no circumstances may the Affiliate Site contain or reference any content that is in any way unlawful, offensive, harmful (including to minors), threatening, defamatory, obscene, pornographic, harassing, or racially, ethnically, or otherwise unsuitable or objectionable. Examples of prohibited content or references include sites that (i) facilitate or promote illegal activity, including drug paraphernalia; (ii) promote or depict sexually explicit images or sexual paraphernalia; (iii) facilitate or promote a credit repair business or investigative business (i.e., private investigators); (iv) contain false, misleading, or deceptive advertising; (v) are connected in any way with any company or individual who is known to have been involved in spamming (unsolicited commercial email), credit fraud or other unethical business practices; (vi) contain computer viruses, so-called Trojan horses, time bombs, cancelbots or other computer programming routines that have the effect (whether by intent or not) of damaging, detrimentally interfering with, surreptitiously intercepting or expropriating any system, data, or personal information; (vii) promote or sell weapons; (viii) promote violence; (ix) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (x) incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights; (xi) contain material which is false, misleading or intentionally inaccurate; or (xii) contain or promote politically sensitive or controversial issues. If we determine that the Affiliate Site is unsuitable for the Program, we will normally give you notice of our determination and an opportunity to correct the situation, but we reserve the right to immediately and without notice disable any Links that we determine are linking to the myFICO Site from an unsuitable source.
5. Additional Requirements. Except as otherwise provided in these Terms, you will be solely responsible for the development, operation and maintenance of the Affiliate Site, for all materials that appear on the Affiliate Site, and for ensuring that the Affiliate Site complies with all applicable laws and regulations, including, but not limited to, all trademark, copyright, and state and federal consumer protection and privacy laws and regulations. The Affiliate Site must not contain any Product descriptions or Product prices for Fair Isaac and/or myFICO other than those provided by or approved in writing by us. The Affiliate Site may not misrepresent itself as a Fair Isaac site or as a myFICO Site by adopting the visual "look and feel" of such site or otherwise. You may not, under any circumstances, charge visitors to the Affiliate Site any fee or require them to provide personal information in order to get access to the myFICO Site or the Products. We reserve the right to require you to modify or remove any content displayed on the Affiliate Site describing the myFICO Site or the Products if we determine that any of that content contains information that is inaccurate, incomplete, out of date, misleading, inappropriate, violates the intellectual property rights of Fair Isaac or any third party provider of any of the products or services offered on the myFICO Site (a "Fair Isaac Provider").
6. Product Purchases; Tracking System. We will operate the myFICO Site and process orders for Products placed by Visitors on the myFICO Site, although we reserve the right to reject orders that do not comply with certain requirements that we may establish. We or a Fair Isaac Provider will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, shipping, cancellations, returns, refunds, and related customer service. For a purchase to generate a Payout, the visitor must follow the Link from the Affiliate Site to the myFICO Site, and complete the purchase during that visit to the myFICO Site, and our referral tracking system must have tracked the visitor from the time of the link from the Affiliate Site to the time of the purchase. You will have the ability to get reports summarizing sales activity through a password-protected ShareASale Web site where you can view your sales statistics on a daily basis. To permit accurate tracking, reporting, and Payout accrual, you must ensure that the Links on the Affiliate Site are used in the exact form furnished to you. You will be solely responsible for ensuring that your Links are formatted properly and maintained in a manner which allows us to track sales. No Payout will be paid if the sale cannot be tracked by our system as an Affiliate referral. We agree to employ reasonable methods to ensure that our referral tracking system properly identifies visitors coming directly to the myFICO Site through a properly coded Link as Visitors and properly accounts for Product purchases. However, we have no responsibility for (i) your failure to use properly coded Links, or (ii) actions or events beyond our reasonable control that might circumvent our referral tracking system. No Payouts are payable on purchases made during any visitor's subsequent visit(s) to the myFICO Site unless the customer again links to the myFICO Site directly from the Affiliate Site and all other conditions of these Terms are satisfied with respect to that subsequent visit.
7. Program Payouts. Payouts will be calculated based on the Net Price of Products purchased by a Visitor. "Net Price" means the actual price paid by the purchaser for the Product, not including any separately stated sales or other tax, or any service, shipping, or handling fees that may be imposed by us or any Fair Isaac Provider. Payouts are payable only on the initial Product sale and not on renewals. In the case of a product offered on a free-trial basis, at our option we may delay compensation until the free-trial period expires without the person having cancelled, and we have successfully charged the person's credit card or other payment device for the full price of the offered product. In the case of products sold on a monthly payment basis, the amount of the Referral Sale may, at our option, be calculated as if the purchaser had chosen the option for an annual payment, or we may calculate it and pay it based on the monthly payment amount. ShareASale will pay you Payouts on a monthly basis. "Net Sales" means the total Net Prices of all Product purchases tracked to Links on the Affiliate Site. Certain Products are provided by or in conjunction with Fair Isaac Providers that are responsible for product fulfillment and payment processing. Payouts with respect to sales of those Products will be counted as Net Sales in the month in which we receive payment of our share of the revenues arising from those transactions from the Fair Isaac Provider. You are responsible for all federal, state and local taxes arising out of the Payouts payable to you.
8. Customer Disputes and Fraud. If a customer disputes or rejects a purchased Product, ("Disputed Purchase"), or if we are required to refund money due to credit card or other fraud ("Fraud-Related Transaction"), the amount of the Net Price for the rejected, disputed or fraudulent purchase (a "Credit") will be deducted from Net Sales for the purpose of calculating Payouts we owe you. If we have already paid you a Payout to which a Credit would apply, we will deduct the amount of the Payout previously paid with respect to that Credit from your next monthly Payout payment. If there are no subsequent Payouts due to you, we may send you a bill for the amount of the excess Payouts paid, and you agree to pay the bill no later than 30 days after you receive it. We may also withhold and reserve any Payouts we believe may have arisen out of any Fraud-Related Transaction, and may hold those reserves until all issues are resolved to our reasonable satisfaction.
9. Fair Isaac Customers; Use of Customer Information. Customers who purchase Products through the myFICO Site are considered our customers, and may also be considered customers of a Fair Isaac Provider, notwithstanding that they may also be customers of Affiliate for other purposes. Accordingly, all rules, policies, terms and conditions, and operating procedures concerning use, customer orders, sales, and customer service applicable to the myFICO Site will apply to those customers. We may change our corporate policies and operating procedures at any time. For example, we will determine the prices to be charged for Products in accordance with our own pricing policies. We and the Fair Isaac Providers have the right to use any information we collect from Visitors for any lawful purpose, and have no obligation to share that information with you.
10. Limited License. For so long as you are participating in the Program, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable (unless otherwise authorized by Fair Isaac to a myFICO Publisher's sub-Publisher), non-transferable, fully paid worldwide license to reproduce and display the Links and other Fair Isaac Materials, as provided to you by us, only on the Affiliate Site, and only to the extent reasonably necessary to provide for the use of Links and promotion of the myFICO Site and the Products on the Affiliate Site as provided in these Terms. The Links must be surrounded by a reasonable amount of empty space, and you may not use the Links or any Fair Isaac trademark, service mark, trade name, or logo, including but not limited to Fair Isaac®, FICO®, myFICO®, the official myFICO 300-850 seal, or the 300-850® score range (collectively, "Fair Isaac Marks") in conjunction with other text, trademarks, logos, or other graphics in a way that would create a possibility that a visitor to the Affiliate Site might be confused as to the ownership or sponsorship of the myFICO Site, the Products, or any other product or service we may offer. You may not use the Links or other Fair Isaac Materials or any Fair Isaac Marks in a way that suggests that Fair Isaac endorses or sponsors the Affiliate Site. You agree not to (i) use any Fair Isaac Marks within meta-tags or other non-displayed coding of the Affiliate Site; (ii) use any Fair Isaac Marks while using any other Internet search engine enhancement techniques (i.e., tactics which use the Fair Isaac Marks to influence the Affiliate Site's appearance on search engine results); or (iii) use any Fair Isaac Marks in a url or in any way other than as permitted under these Terms. No license or permission is granted under these Terms to use the trademarks, service marks, trade names, logos, or other intellectual property owned by any Fair Isaac Provider, except as contained in a Link or other Fair Isaac Materials that we may provide to you. We may terminate the above license if, in our reasonable discretion, your use of the Links or Fair Isaac Materials or any Fair Isaac Mark tarnishes, blurs or dilutes the quality associated with Fair Isaac, the myFICO Site, the Products, or the associated goodwill, and the problem is not cured within 10 days of notice from us. We reserve all rights not expressly granted in these Terms. You agree that we are the exclusive owner of the Links and Fair Isaac Materials, the Fair Isaac Marks, and any copyrights associated with them, and you agree not to take any actions inconsistent with our exclusive ownership, except as expressly provided in these Terms. You agree not to use any Fair Isaac Marks or the marks of any Fair Isaac Provider in any manner that is disparaging or that otherwise portrays Fair Isaac, the myFICO Site, the Products, or any Fair Isaac Provider a negative light. The rights granted to you under this section terminate upon the effective date of the termination of your participation in the Program. In addition, we may revoke the rights granted to you under this section: (a) for breach of this section at any time by giving you notice in writing (including by email); and (b) for any other reason upon seven days' notice in writing (including by email).
11. Non-Exclusive Limited License and Use of Affiliate's Logos and Trademarks. We may list your name in a list of Program Affiliates that we may publish in a press release, on the myFICO Site, or elsewhere. You grant us a limited, non-exclusive license to use your names and trade names, logos, trademarks, and service marks (collectively the "Affiliate Marks") in those listings, and to advertise, market, promote, and publicize in any manner our arrangements under these Terms. However, we are not required to so advertise, market, promote, or publicize. You represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use them in the manner contemplated in this section, and that grant does not or will not (i) breach, conflict with, or constitute a default under any agreement applicable to you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license terminates upon the effective date of the termination of your participation in the Program.
12. Your Advertising and other Public Communications. Other than placing Links and other Fair Isaac Materials on the Affiliate Site as directed by Fair Isaac, you may not advertise, promote, or otherwise publicize (i) your participation in the Program or the relationship of the parties created by these Terms; (ii) the myFICO Site; or (iii) the Products, without our express written consent, which we may withhold in our sole discretion. Except as expressly authorized by us in these Terms, you agree not to make any representations, warranties (express or implied) or other statements concerning Fair Isaac, the myFICO Site, our site policies, the Fair Isaac Providers, or any of the Products. You agree not to infringe other companies' trademarks in connection with your participation in the program or your promotion of the Products.
13. Class Action Settlement and Requirements. Fair Isaac recently reached a settlement in two lawsuits involving, among other things, claims that Fair Isaac had sold its myFICO products in violation of the Federal Credit Repair Organizations Act ("CROA"). As part of the settlement, we agreed to make some mostly cosmetic changes to the myFICO Site and marketing materials, and we must also require Affiliates to comply with some of the same rules. Fair Isaac will take responsibility for ensuring that the Fair Isaac Materials and the Products comply with the terms of the Settlement. Therefore, we believe that your compliance with these Terms, including but not limited to Section 12 (Your Advertising and Public Communications) will satisfy any injunctive relief terms of the Settlement that apply to you. However, the following are the terms of the settlement that apply to your marketing and advertising materials: * They must not use the following terms: "improve," "enhance," "boost," "raise," and "increase" in the same phrase as "score" or "rating." * They must not use the phrases "credit repair," "credit rebuilding," "credit fix," "repair your credit," "fix your credit," or combinations of those words. * They must not use the terms "advice," "tips," suggestions," or "instructions" in the same phrase as "improving," "enhancing," "boosting," "raising," or "increasing" a credit score or credit rating. * If they refer to the Personal Coaching modules in the Suze Orman FICO® kit, it must be made clear that any such modules will focus on issues such as debt relief, buying a car, etc., and not the improvement of an individual consumer's credit score. * When making a statement about the performance of analytic tools available on the myFICO site or an Affiliate's site (e.g., a score simulator), marketing and advertising materials must not suggest that a simulated score is "always" (or its equivalent) predictive of one's actual score. Note that the foregoing rules to not apply to a web page that does not contain any marketing or advertisement of myFICO® products and does not contain any link to a web page that markets, advertises, or offers for sale any myFICO product. Additional information about the settlement, including a copy of the settlement agreement containing these rules, is available online at http://www.hillisslacksettlement.com/. Given the nature of these rules it is not possible to provide guidance as to how they will apply to every situation. We reserve the right to interpret these terms as they apply to any given situation.
14. Confidential Information. Information you provide to us will not be considered confidential unless we have signed a separate written agreement governing the use and disclosure of that information. For example, if you provide us with comments, suggestions, or other input regarding the Products, the myFICO Site, or other matters, we will have an unrestricted worldwide right to use and disclose those comments, suggestions, and other input for any purpose and in any manner, and to authorize others to do any or all of the above, all without additional compensation to you.
15. Power and Authority. Each party represents and warrants to the other that (i) it has the power and authority to enter into and perform its obligations under these Terms, (ii) these Terms have been duly and validly executed and constitutes the legal, valid, and binding obligation of that party, enforceable in accordance with their terms, (iii) the execution, delivery, and performance of these Terms does not conflict with or violate the terms of any agreement, law, rule, regulation, order, judgment, or decree to which it is subject, or which is binding upon it.
16. Representations and Warranties Regarding Your Site. You hereby represent and warrant to us that (except with respect to the most recent versions of the Links and other Fair Isaac Materials we make available to you) materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and that materials posted on your site are not libelous or otherwise illegal.
17. Compliance with Laws. We represent and warrant to you that the myFICO Site and the services offered through it do and will comply with all applicable laws and governmental regulations. You represent and warrant to us that the Affiliate Site and the services offered through it do and will, during the term of your participation in the Program, comply with all applicable laws and governmental regulations. We and you each specifically represent and warrant to the other that it is and will remain, during the term of your participation in the Program, in compliance with the Gramm-Leach-Bliley Act of 1999 ("Act") and any implementing regulations as they apply to financial transactions and information, including but not limited to the confidentiality of nonpublic personal information, the security and integrity of information, and the use of confidential information. In addition, we and you shall be and remain in compliance with any corresponding state laws and regulations referring to the Act or applicable to the provision of credit reports.
18. Disclaimer of Other Representations and Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEITHER PARTY MAKES, AND EACH PARTY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM, THE PRODUCTS, THE AFFILIATE SITE, THE myFICO SITE, OR OTHERWISE RELATING TO THESE TERMS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, WARRANTY OF ACCURACY OF INFORMATION, AND IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. Neither party makes any representation or warranty regarding the number of visits to its site or the number of visits to the other party's site originating from the first party's site, or any other matter relating to the value of the benefits to be received under the Program. Certain technical difficulties or other situations may, from time to time, result in service interruptions, and neither party represents or warrants that its site will operate uninterrupted or error-free. Neither party will be responsible to the other for any consequences of interruptions or errors.
19. Relationship of the Parties. We and you are each independent contractors with respect to the Program. Nothing contained in these Terms is to be deemed to create any partnership, joint venture, employment, agency, franchise, or sales representative relationship between the parties. Neither party has the right or authority to incur obligations of any kind in the name of or for the account of the other party, to make any representations or warranties to any person on behalf of the other party, nor to commit or bind the other party to any contract or other obligation.
20. Indemnification by Fair Isaac. We hereby agree to defend you, your shareholders, officers, directors, employees, and agents, at our sole expense, from any and all third-party claims, demands, actions, and proceedings (including reasonable attorneys' fees and costs) arising out of or related to (i) our breach or alleged breach of any provision of these Terms, (ii) our gross negligence or willful misconduct in connection with our performance under these Terms, (iii) the breach of any of our representations or warranties made in these Terms, (iv) any claim related to the Products or the myFICO Site itself; and (v) any claim that any of the Links, Fair, Isaac Materials, or Fair Isaac Marks violates the trademark or copyright of a third party.
21. Indemnification by Affiliate. You hereby agree to defend Fair Isaac Corporation, the Fair Isaac Providers, its and their shareholders, officers, directors, employees, agents, affiliates, successors and assigns, at your sole expense, from and against any and all third-party claims, demands, actions, and proceedings (including reasonable attorneys' fees and costs) arising out of, or related to (i) your breach or alleged breach of any provision of these Terms, (ii) your gross negligence or willful misconduct in connection with your performance under these Terms, (iii) the breach of any of your representations or warranties made in these Terms; (iv) any claim related to the Affiliate Site itself (other than any solely related to or arising from the Links and other Fair Isaac Materials as provided to you by Fair Isaac), and (v) any taxes due on the payment of the Payouts.
22. Privacy Policy. We agree to make our privacy policy readily accessible to visitors to the myFICO Site at all times.
23. Term and Termination. These Terms become effective on the date Fair Isaac notifies you that it has accepted the Affiliate Site into the Program and will end when your participation in the Program is terminated by either party. Either party may terminate your participation in the Program, and all licenses granted under these Terms, at any time, (i) immediately for cause, by giving the other party written or email notice of termination, or (ii) without cause, by giving the other party at least a 7-day written or email notice of termination. You are only eligible to earn Payouts up until the time the relationship is terminated.
24. Actions upon Termination. Within 10 business days after termination of these Terms, you agree to remove all Links and any other Fair Isaac Materials from the Affiliate Site and any and all Web sites, computer systems, files, or storage media under your direction or control, but if these Terms are terminated because you have breached any of your material representations, warranties, or obligations under these Terms, you shall immediately upon termination remove the Links and other Fair Isaac Materials from the Affiliate Site and any other web pages under your direction or control, you will not be eligible to receive any unpaid Payouts that are deemed fraudulent, even if such Payouts were earned prior to the date of termination, and we reserve all rights and remedies available to us under these Terms and applicable law. If your participation in the Program is terminated for any other reason, we will continue to pay you Payouts for Product sales that take place prior to the effective date of termination. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid and that all Credits have been applied.
25. Survival. Upon any termination of your participation in the Program, all rights of the parties under these Terms will terminate, except that the following terms and conditions survive the termination of these Terms: (i) outstanding payment obligations, (ii) any warranties, disclaimers of warranty, and limitations of liability, (iii) any indemnification obligations relating to activities during the term of these Terms, (iv) any obligations to comply with laws or regulations, and (v) any other provision which provides for any activity, obligation, or right following the termination of these Terms.
26. Dispute Resolution; Governing Law; Venue; Limitation. These Terms are to be governed by and construed in accordance with the laws of the state of Minnesota, without reference to its rules governing choice of law (except that questions affecting the construction and effect of any intellectual property rights will be determined by the laws under which the intellectual property is granted, registered or protected). Any action relating to these Terms or the Program must be brought in the federal or state courts located in Minneapolis, Minnesota, and you irrevocably consent to the jurisdiction of those courts. If any litigation or other proceeding is brought by either party in connection with these Terms or the Program, the prevailing party in the litigation or other proceeding is entitled to recover from the other party all costs, attorneys' fees and other expenses incurred by the prevailing party in the litigation, as determined by the court. Any cause of action which arises out of or is connected to these Terms or the Program must be commenced within 2 years after the cause of action accrues. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT OR OTHER PROCEEDING INVOLVING A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS.
27. LIMITED LIABILITY. IN NO EVENT WILL WE OR ANY FAIR ISAAC PROVIDER BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS, THE PROGRAM, OR THE PRODUCTS, WHETHER BASED ON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), WARRANTY, GUARANTEE OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF WE HAVE BEEN ADVISED, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THOSE TYPES OF DAMAGES. IN NO EVENT WILL OUR OR ANY FAIR ISAAC PROVIDER'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING UNDER THESE TERMS EXCEED THE TOTAL AMOUNT OF PAYOUTS PAID TO YOU BY US DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM FOR LIABILITY.
28. Notices. Any notices from one party to another relating to these Terms may be given by email or in writing. Email notices to us must be sent to affiliates@myfico.com. Written notices must be sent by U.S. Certified or Registered Mail, or national overnight delivery service, return receipt requested, postage prepaid, to myFICO Affiliate Program, Attn: Affiliate Manager, 181 Metro Drive, Suite 600, San Jose, CA. 95110. We may send email notices to you at the email address designated in your Program application. We may send written notices to you by facsimile at the fax number designated in your Program application, or we may send them to you by U.S. Certified or Registered Mail, or national overnight delivery service, return receipt requested, postage prepaid, to the address designated in your Program application. Notices are effective upon receipt, and will be deemed received one business day after being sent by email, facsimile, or national overnight delivery service, or three business days after the date of their deposit in the U.S. Mail. Either of us may change our respective addresses of fax numbers for the purpose of receiving notices under these Terms by giving notice to the other party in the manner specified in this section.
29. Assignment. These Terms are binding upon and inure to the benefit of the Parties, their successors and assigns. However, you may not assign or transfer these Terms or any rights hereunder, by operation of law, merger, sale of stock or assets, or otherwise, without our prior written consent. Subject to that restriction, these Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
30. Third Parties. All Fair Isaac Providers are third-party beneficiaries of these Terms. No other parties are third-party beneficiaries. Fair Isaac is a third-party beneficiary under the SHAREASALE Agreement to the extent the SHAREASALE Agreement confers rights on Fair Isaac.
31. Force Majeure. Either party is excused from any delay or failure in performance under these Terms caused by any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, terrorism, our inability to receive necessary products or services from any Fair Isaac Provider, general problems with the Internet, and governmental requirements. Under no circumstances will a lack of funds or other inability to pay be considered an occurrence or contingency beyond a party's control for purposes of this section.
32. Entire Agreement; Modifications; Headings. These Terms and the SHAREASALE Agreement constitute the entire understanding and agreement of the parties, and supersedes all previous agreements or negotiations concerning the subject matter hereof, whether written or oral. The section headings used in these Terms are inserted for convenience only, and should not affect the meaning or interpretation of these Terms.
33. AGREEMENT AND PROGRAM MODIFICATIONS. WE MAY AMEND OR MODIFY THE PROGRAM AND ANY PROVISION OF THESE TERMS AT ANY TIME, IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF ANY AMENDMENTS OR MODIFICATIONS BY GIVING YOU NOTICE IN THE MANNER PROVIDED IN THESE TERMS. ALL AMENDMENTS AND MODIFICATIONS TAKE EFFECT SEVEN DAYS AFTER WE GIVE YOU NOTICE. IF ANY AMENDMENT OR MODIFICATION OF THESE TERMS IS NOT ACCEPTABLE TO YOU, YOUR SOLE RECOURSE IS TO TERMINATE THESE TERMS. IF YOU DO NOT PROVIDE US WITH NOTICE OF YOUR TERMINATION, AND CONTINUE TO PARTICIPATE IN THE PROGRAM, THEN THE AMENDMENT OR MODIFICATION WILL BE LEGALLY BINDING ON YOU.
34. Waivers. Our failure to enforce your strict performance of any provision of these Terms at any time, or our express waiver of any provision, will not constitute a waiver of our right to subsequently enforce that provision or any other provision of these Terms.
35. Severability. Each provision of these Terms is independent of and severable from each other provision. If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions of these Terms remain valid and enforceable.
36. Commercial Use. The Program is intended for Affiliates who have a bona fide intent to promote the Products and the myFICO Site to visitors to their Web sites. Affiliates who use the Program primarily to purchase Products for their own use or the use of friends or family members are in violation of these Terms and are not eligible for Payouts on those purchases.
37. Nonexclusive Agreement. The Program is nonexclusive. We reserve the right to offer separate and different promotional, compensation, and/or incentive arrangements to other parties, and you reserve the right to market and promote products and services that may be competitive with the Products, as long as, in our opinion, the Affiliate Site does not portray us, the Products, or the myFICO Site in a negative way or create a possibility for consumer confusion regarding the myFICO Site, the Products, or those other products and services.
38. INDEPENDENT INVESTIGATION. YOU ACKNOWLEDGE THAT YOU HAVE HAD AN OPPORTUNITY TO CONSULT WITH YOUR OWN LEGAL ADVISERS REGARDING THESE TERMS AND THE PROGRAM, HAVE INDEPENDENTLY INVESTIGATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THESE TERMS.
BY SUBMITTING YOUR APPLICATION, YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, THAT ALL OF THE INFORMATION CONTAINED IN YOUR APPLICATION IS TRUE AND COMPLETE, AND THAT YOU ARE AUTHORIZED TO SUBMIT THE APPLICATION AND ENTER INTO THESE TERMS ON BEHALF OF THE NAMED APPLICANT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE SUBMITTING YOUR APPLICATION. IF WE ACCEPT YOUR PROGRAM, THESE TERMS WILL BECOME A BINDING LEGAL CONTRACT BETWEEN THE APPLICANT NAMED IN YOUR APPLICATION AND FAIR ISAAC CORPORATION. THESE TERMS WILL TAKE EFFECT ONLY IF AND WHEN WE REVIEW AND ACCEPT YOUR APPLICATION AND GIVE YOU NOTICE OF ACCEPTANCE.


myFICO® is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become the global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.

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