VANCE CREDIT AFFILIATE PROGRAM AGREEMENT
Version 1.0 · Effective 13 August 2026
Vance Credit LLC may update this Agreement in accordance with Section 21. The current version is always available at vancecredit.com/affiliate-agreement.
This Affiliate Program Agreement (the "Agreement") is a binding contract between Vance Credit LLC, a Wyoming limited liability company with its principal place of business at 800 Maine Avenue SW, Washington, DC 20024-2805 ("Vance Credit," "we," "us," "our"), and the individual or entity that accepts it ("Affiliate," "you," "your").
READ SECTIONS 3.4, 5, 6, 7, 16 AND 19 CAREFULLY. Section 3.4 prevents you from promoting competing credit services while you are in the Program. Section 7 means you may publish only content we created or approved in writing. Section 5 limits what you may say and do. Section 19 requires most disputes to be resolved by individual arbitration and waives your right to a jury trial and to participate in a class action.
You accept this Agreement by submitting an application, clicking to accept, or using any Referral Link we issue. If you do not agree, do not participate.
1. Definitions
"Affiliate Content" — any communication you create or publish that promotes, references or links to Vance Credit.
"Applicable Law" — all federal, state and local statutes, regulations and rules applicable to either party's activities under this Agreement, including the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq. ("CROA"), the Federal Trade Commission Act, the FTC Endorsement Guides at 16 C.F.R. Part 255, the CAN-SPAM Act, the Telephone Consumer Protection Act, state credit services organization statutes, and applicable privacy and data protection law.
"Approved Materials" — marketing content we supply to you or approve in writing, in the form supplied or approved.
"Client" — a consumer who enrolls in a Vance Credit service and is attributed to you under Section 9.
"Collected Revenue" — service fees actually charged to and collected from a Client, net of any refund, reversal, chargeback resolved against us, or other return of funds. Collected Revenue excludes taxes, third-party pass-through costs, and amounts billed but not collected.
"Competing Service" — any product or service that offers, or holds itself out as offering, credit repair, credit restoration, credit sweeps, credit disputing, credit consulting, credit building, tradeline sale or rental, credit services organization services, or any service marketed on the basis of improving a consumer's credit report, credit score or credit rating. A general personal-finance product that does not market itself on improving credit — a bank, a budgeting app, a card issuer — is not a Competing Service.
"Prohibited Claim" — any statement described in Section 5.3.
"Referral Link" — the unique tracking URL we issue to you, in the form vancecredit.com/r/{slug}, and any tracking parameter or code we assign.
"Program" — the Vance Credit Affiliate Program.
2. Eligibility and Approval
2.1 You must be at least 18 years old and, if contracting for an entity, authorized to bind it.
2.2 Approval is discretionary. We may accept or decline any application for any lawful reason or none, and are not required to give a reason. Submitting an application creates no rights.
2.3 Ineligible persons. You may not participate if you are:
(a) subject to any order, judgment or consent decree of the Federal Trade Commission, the Consumer Financial Protection Bureau, or any state attorney general or regulator concerning credit repair, credit services, debt relief, lending, telemarketing, or deceptive or unfair practices;
(b) listed on any sanctions list maintained by the U.S. Office of Foreign Assets Control, or located in any comprehensively sanctioned jurisdiction;
(c) a current employee, officer or contractor of Vance Credit, or a member of such a person's household, unless we approve in writing; or
(d) required to register, bond or license as a credit services organization salesperson, agent or representative in any jurisdiction where you will promote us, unless you have done so and provide evidence on request.
2.4 Continuing eligibility. The requirements in Section 2.3 are continuing. You must notify us in writing within five (5) business days if any of them ceases to be true.
3. Appointment and Scope
3.1 Limited appointment. We appoint you as a non-exclusive, revocable, non-transferable, non-sublicensable affiliate for the sole and limited purpose of directing consumers to Vance Credit through your Referral Link.
3.2 The limits of that appointment. You are not our agent, representative, broker, salesperson, employee, partner, joint venturer or franchisee. You have no authority, actual or apparent, to:
(a) bind us or make any commitment on our behalf; (b) negotiate, vary, waive or interpret any term of our client agreements; (c) accept, solicit or handle money from any consumer; (d) hold yourself out as acting for us beyond referring consumers to us; or (e) appoint sub-affiliates or delegate any part of this Agreement.
3.3 No sub-affiliate structure. You may not recruit, enroll or receive any compensation in connection with other affiliates. The Program is single-tier. Any attempt to create a downline is a material breach.
3.4 Category exclusivity. While this Agreement is in force, you may not promote, endorse, recommend, advertise, resell or accept compensation from any Competing Service. This applies to every channel you control and to any compensated arrangement, however described.
This restriction is limited to Competing Services. You remain free to promote any product or service that is not a Competing Service, including other financial products, and to run any other business.
3.5 Nature of this restriction. Section 3.4 is a condition of continued participation in the Program, not a covenant not to compete. We do not restrain your trade and claim no right to prevent you from working with anyone. We reserve only the right to decide whom we work with. Our sole remedy for breach of Section 3.4 is termination under Section 17.3 together with the remedies in Section 18 — we will not seek to enjoin you from promoting a Competing Service, and we assert no restriction on your activities after this Agreement ends.
3.6 Prior arrangements. If you have an existing arrangement with a Competing Service when you apply, disclose it in your application. We may approve your participation subject to your winding it down within an agreed period, or decline your application. Failure to disclose is a misrepresentation under Section 4.7.
3.7 Non-exclusive on our side. We may engage any number of affiliates and market through any channel, including channels that reach your audience.
3.8 No cost, no purchase. There is no fee to join and no purchase is required. We will never condition participation on buying anything.
3.9 No obligation to accept referrals. We may decline to serve any consumer, for any lawful reason, and may discontinue any service, plan or price. No commission arises from a consumer we do not serve.
4. Affiliate Representations and Warranties
You represent and warrant, on the date you accept this Agreement and continuously while it is in force, that:
4.1 You have full authority to enter into and perform this Agreement, and doing so does not breach any other agreement, employment policy, brokerage policy, professional licensing rule or fiduciary duty binding on you;
4.2 You are not, and by performing this Agreement will not become, a "credit repair organization" as defined at 15 U.S.C. § 1679a(3);
4.3 All Affiliate Content will be truthful, not misleading, and substantiated at the time it is published;
4.4 You own or are licensed to use all content you publish, and it infringes no third party's intellectual property, privacy or publicity rights;
4.5 Every recipient of any email or SMS you send promoting us has given consent sufficient under Applicable Law, and you maintain records of that consent;
4.6 You will comply with Applicable Law and with this Agreement; and
4.7 All information in your application is true and complete, and you will keep it current.
5. Prohibited Conduct
This section is the core of the Agreement. Breach of any provision is a material breach permitting immediate termination for cause under Section 17.3.
5.1 CROA — you must not act as a credit repair organization
CROA defines a credit repair organization to include any person who, for money or other valuable consideration, sells, provides or performs — or represents that they can or will sell, provide or perform — any service for the express or implied purpose of improving a consumer's credit record, credit history or credit rating, or providing advice or assistance to a consumer with regard to that. Courts apply the definition by reference to conduct.
Because you are compensated under this Agreement, conduct of that kind could make you a credit repair organization in your own right, subject to the disclosure statement required by § 1679c, the written contract required by § 1679d, and the cancellation right required by § 1679e — none of which you will have provided. The liability would be yours as well as ours.
You must not:
(a) review, analyze, interpret, summarize or comment on any specific consumer's credit report, credit score, credit file or credit circumstances;
(b) advise any consumer what to dispute, how to dispute it, whom to contact, or what steps to take regarding their credit;
(c) state or imply that you will fix, repair, improve, clean, boost, restore or work on any consumer's credit;
(d) receive, request, collect, store or transmit any consumer's credit report, credit score, Social Security number, account numbers, financial documents or other personal information in connection with our services;
(e) accept, solicit or handle money from any consumer in connection with our services; or
(f) act, or offer to act, as an intermediary between any consumer and Vance Credit, or between any consumer and any consumer reporting agency, creditor, furnisher or debt collector.
5.2 What to do when someone asks you for advice. If a consumer asks you a question about their own credit situation, do not answer it. Direct them to vancecredit.com or to our support team. This is not a courtesy — answering is the conduct that creates the exposure described in Section 5.1.
5.3 Prohibited Claims
You must not state or imply that:
(a) any credit score increase, point gain, deletion, approval or other outcome is guaranteed, assured, typical, likely or achievable within any timeframe;
(b) accurate, current and verifiable information can be removed from a consumer report;
(c) any consumer can obtain or use a new credit identity, new credit file, "CPN," "credit privacy number," or any identifying number other than their own Social Security number, including an Employer Identification Number used in place of one. This conduct may constitute a federal crime. Any promotion of it results in immediate permanent termination, forfeiture under Section 18, and referral to the appropriate authorities;
(d) we are affiliated with, endorsed by, sponsored by or acting on behalf of any government agency, consumer reporting agency, creditor or lender;
(e) any individual result is typical or representative when it is not;
(f) any statement about our services, pricing, methods, timelines, guarantees or results that does not appear in Approved Materials or on vancecredit.com; or
(g) any earnings, income or results are achievable by other affiliates. You must not republish our published estimates, calculators or examples as predictions, promises or typical outcomes, and must not make any earnings representation to any person in connection with the Program.
5.4 Prohibited channels and tactics
You must not:
(a) bid on, purchase or use "Vance Credit," "Vance," or any confusingly similar or misspelled term as a keyword in any paid search, shopping or display advertising, or run any paid advertising promoting us, without our prior written approval, which we may withhold or revoke at any time;
(b) register, acquire or use any domain, subdomain, social handle, page, group, profile or application name containing "Vance" or any confusingly similar term;
(c) send unsolicited commercial email or text messages, use purchased, rented, scraped or co-registered lists, or contact anyone who has not consented or who has opted out;
(d) send SMS or MMS promoting us unless your messaging provider permits credit-repair-related messaging in writing and you comply with all consent, identification and opt-out requirements;
(e) offer or provide any consumer money, gift, discount, rebate, reward, entry into a drawing or other consideration in exchange for enrolling;
(f) use cookie stuffing, forced or automatic clicks, redirects, pop-unders, iframes, adware, extensions, toolbars, bots, click farms or any other means of generating clicks or enrollments a consumer did not intend;
(g) submit or procure any enrollment by you, a member of your household, an entity you control, or any person acting at your direction, for the purpose of generating commission;
(h) publish Affiliate Content on, or drive traffic from, any property containing adult, hateful, discriminatory, violent, harassing, defamatory or unlawful content;
(i) impersonate any person or entity, use another's name, likeness or voice without authorization, or publish synthetic or AI-generated depictions of any real person in connection with us; or
(j) make any false or misleading statement of fact about any competitor.
5.5 Targeting restrictions
You must not knowingly direct Affiliate Content to persons under 18, to persons you know to be in a jurisdiction where we do not operate, or to any group protected under fair lending or fair housing law in a manner that would constitute unlawful targeting or exclusion.
6. Disclosure Obligations
6.1 Disclosure required, every time. Every item of Affiliate Content must clearly and conspicuously disclose that you are compensated. No exceptions for short-form content, stories, replies or comments.
6.2 Standard. Under 16 C.F.R. Part 255, a disclosure must be difficult to miss and readily understandable in the medium where it appears, and in interactive media must be unavoidable. Specifically:
(a) Text posts — within the visible portion of the caption, before any "more" or truncation, not grouped among hashtags;
(b) Video and audio — both spoken aloud and displayed on screen, within the first portion of the content, and legible for long enough to be read;
(c) Live content — repeated at reasonable intervals throughout, since viewers arrive at different times;
(d) Email and newsletters — adjacent to the recommendation, not only in a header or footer;
(e) Images and static graphics — on the image itself where the caption may not travel with it.
6.3 Acceptable and unacceptable wording. Acceptable: "Paid partnership with Vance Credit," "I earn a commission if you sign up," "#ad." Not acceptable: "partner," "collab," "sp," "spon," "thanks Vance Credit," "#VC," an affiliate link alone, or a disclosure in a language other than that of the content.
6.4 Testimonials. If you describe your own experience you must have actually used the service, the description must be truthful and current, and you must not present an atypical result as ordinary.
6.5 Platform tools are not sufficient alone. A platform's built-in "paid partnership" label may be used in addition to, not instead of, a disclosure meeting Section 6.2.
7. Approved Content, Review and Monitoring
7.1 Approved content only. You may publish only Affiliate Content that we have created or that we have reviewed and approved in writing before publication. There is no exception, no grandfathering and no expiry of this requirement. Specifically, you may publish:
(a) Approved Materials, used as supplied; or
(b) content you have written or produced yourself that you submitted to us and that we approved in writing before you published it.
Anything else is unauthorized, regardless of how accurate, well-intentioned or minor it is.
7.2 Why this rule is absolute. Under the FTC Endorsement Guides the advertiser is liable for what its endorsers say, and under CROA the penalties for a misstatement about credit fall on whoever made it and on us. We cannot carry that exposure for statements we have never seen. This requirement protects you as much as it protects us: content we approved is content we defend.
7.3 Submission and approval.
(a) Submit through the channel we designate. We will respond within two (2) business days.
(b) Approval covers the specific content submitted, in the specific form approved, on the platform identified. It is not approval of a variation, a re-edit, a repost to another platform, a translation, or anything similar.
(c) Approval may be revoked at any time on notice, including where the law, our services or our pricing change. On revocation you must remove the content under Section 7.5.
(d) Silence is not approval. Unapproved content may not be published.
7.4 What does not require submission. You need not submit: a verbatim repost of Approved Materials; a factual statement that you are a Vance Credit affiliate; or a direct response to a comment that does no more than point the person to vancecredit.com or to our support team. Everything else is submitted. If you are unsure, submit it.
7.5 Ongoing monitoring. You acknowledge and agree that we may monitor, and will periodically review, your public communications promoting us, including by automated means. This is a compliance obligation we owe under the FTC Endorsement Guides and is not a courtesy you may decline.
7.6 Correction on notice. On notice from us, you must correct or remove any Affiliate Content within twenty-four (24) hours and confirm in writing that you have done so. This applies to unapproved content, to content whose approval has been revoked, and to content we determine is non-compliant.
7.7 Escalation. A first violation results in a written warning. A second results in suspension under Section 17.4. A third results in termination for cause. A single violation of Section 5.1, Section 5.3(c) or Section 3.4 results in termination for cause without warning.
7.8 Records. You must retain records of consent obtained under Section 4.5, and copies of all Affiliate Content together with the approval that authorized it, for two (2) years, and produce them within ten (10) business days of a reasonable written request. This obligation survives termination.
7.9 Cooperation. You will cooperate promptly and in good faith with any regulatory inquiry, examination or investigation, and will notify us within two (2) business days of receiving any consumer complaint, regulator communication, demand letter or legal process concerning your promotion of us.
7.10 Approval is not a warranty to you. Our approval confirms that content meets our requirements at the time given. It is not legal advice to you, does not warrant that the content complies with every law applicable to you, and does not relieve you of any obligation under Section 4, 5 or 6 — including your obligation to disclose your compensation, which remains yours even where we supplied the words.
8. Commission
8.1 Rate. We will pay seven percent (7%) of Collected Revenue from each of your Clients, for as long as that Client remains a client. No tiers, no thresholds, no volume requirements.
8.2 Earned only on collection. Commission is earned when we actually collect from a Client — not on click, not on enrollment, not on invoice. We charge Clients only in service cycles where a documented improvement appears on the Client's consumer report; where no charge is made, no commission arises.
8.3 Clearing period. Commission is held sixty (60) days from collection before becoming payable, covering refunds and payment disputes.
8.4 Payment. Payable commission is paid monthly in arrears, subject to:
(a) a minimum payout of $50.00, with lesser balances carried forward and not forfeited; and
(b) our receipt of a completed IRS Form W-9, or Form W-8BEN with any applicable treaty claim if you are not a U.S. person. No payment issues without it. Commission continues to accrue in the meantime.
8.5 Reversals. If a Client payment is refunded, or a payment dispute is resolved against us, the commission on that payment reverses. The reversal is recognized in the month we learn of it and is never applied to a statement already issued to you. Reversals net against future commission. We will not invoice you for a negative balance arising from ordinary reversals.
8.6 No commission arises where: the referral is not attributed to you under Section 9; the consumer is not served or not charged; the enrollment breaches Section 5.4(e), (f) or (g); or the consumer is served without charge, including Georgia residents referred to our partner nonprofit foundation.
8.7 Fraudulent or breaching enrollments. Commission on any enrollment obtained in breach of Section 5 is void from the outset, whether or not already paid, and is recoverable at any time, without regard to the periods in Sections 8.3 or 8.5. This is the one circumstance in which we may seek repayment.
8.8 Set-off. We may set off any amount you owe us under this Agreement, including under Sections 8.7 and 20, against any amount we owe you.
8.9 Taxes. You are solely responsible for all taxes on amounts paid. We will issue Form 1099-NEC where required. You will indemnify us for any tax, penalty or interest assessed against us arising from your failure to report or pay.
8.10 Statements and our records. Your dashboard reports commission earned, held, payable and paid, by month. Our records are the authoritative and determinative record of clicks, attribution, collection, reversal and commission, absent manifest error.
8.11 Rate changes. We may change the rate on thirty (30) days' written notice. A change applies only to Clients attributed to you after its effective date. The rate applicable to a Client is fixed at attribution and does not change.
9. Tracking and Attribution
9.1 Referral Link required. Commission arises only where a consumer reaches us through your Referral Link and our systems record the attribution.
9.2 Last click, ninety days. Where more than one affiliate link has been clicked, the most recent click before enrollment is credited, within a ninety (90) day window.
9.3 Final at enrollment. Once a consumer enrolls, attribution is permanent and is not reassigned.
9.4 Technical limitations. Attribution depends on cookies, browser storage and query parameters that consumers and their software may block, clear, truncate or lose. We do not warrant that every referral will be tracked and have no liability for attribution lost to causes outside our reasonable control, including consumer device settings, browser policy, privacy tools and platform behavior.
9.5 Dispute window. Any attribution dispute must be raised in writing within sixty (60) days of the enrollment concerned. Disputes raised later are waived. We will review in good faith; our determination is final absent manifest error.
10. Activity Requirements
10.1 Expected minimum activity:
| Affiliate type | Minimum |
|---|---|
| Creators | Daily |
| Email or SMS lists | Weekly |
| Groups and organizations | Twice monthly |
10.2 Inactivity. Sixty (60) consecutive days without promotional activity permits termination under Section 17.2. Commission on existing Clients is unaffected by termination without cause.
11. Confidentiality
11.1 You will hold in confidence and not disclose any non-public information we provide, including unreleased materials, Program terms offered to others, performance data, and any information concerning our clients.
11.2 No client data. You will never receive personally identifiable information about any Client and must not attempt to obtain it from us, from any consumer, or by any technical means. Your dashboard reports counts and amounts only. Any inadvertent disclosure must be reported to us immediately and the information deleted.
11.3 Survival. This Section survives termination indefinitely as to client information and for three (3) years as to other confidential information.
12. Intellectual Property
12.1 Limited license. We grant a revocable, non-exclusive, non-transferable, non-sublicensable license to use our name, marks and Approved Materials solely to promote us under this Agreement, in the form supplied. All goodwill accrues to us.
12.2 Restrictions. You may not alter our marks, combine them with your own, use them in any domain, handle or product name, register them anywhere, or use them after termination. On termination you will remove them from all channels you control within five (5) business days.
12.3 Your content. You retain ownership of Affiliate Content. You grant us a worldwide, non-exclusive, royalty-free, perpetual license to reproduce, display and distribute it to promote the Program, to demonstrate compliance, and to retain it as a compliance record.
13. Independent Contractor
13.1 You are an independent contractor. Nothing creates employment, agency, partnership, joint venture or franchise.
13.2 You control your own methods, hours, channels and means. You receive no employee benefits, no expense reimbursement and no minimum compensation.
13.3 You are responsible for your own taxes, insurance, licenses and expenses. You will indemnify us against any claim that you or any person engaged by you is or was our employee.
13.4 Section 3.4 does not create control. Section 3.4 governs whom we choose to do business with. It does not give us the right to direct your work, set your hours, dictate your methods, require any minimum output, or control any aspect of how you operate. You retain complete discretion over whether, when and how much to promote us, and Section 10 affects only whether we continue this relationship, not what you must do.
14. Privacy and Data
14.1 You will comply with Applicable Law governing personal information you collect in connection with promoting us.
14.2 You will not build, sell or share any list of persons who clicked your Referral Link, and will not use tracking data we provide for any purpose other than measuring your own performance.
14.3 You will maintain reasonable safeguards over consent records retained under Section 7.5, and notify us within twenty-four (24) hours of any security incident affecting information relating to persons you referred.
15. Publicity and Statements About Us
15.1 You may state that you are a Vance Credit affiliate. You may not issue any press release or make any statement to media about us without our prior written approval.
15.2 Neither party will make any statement about the other that is false or misleading. This Section does not restrict either party from making truthful statements, filing complaints with any regulator, participating in any proceeding, or exercising any right protected by law, and no provision of this Agreement should be read to do so.
16. Indemnification
16.1 You will indemnify, defend and hold harmless Vance Credit and its members, managers, officers, employees and agents from and against any claim, demand, action, investigation, loss, liability, damage, fine, penalty, judgment, settlement, cost or expense (including reasonable attorneys' fees and the cost of responding to any regulator) arising out of or relating to:
(a) your breach of this Agreement, and in particular Sections 4, 5, 6 and 7; (b) any statement you make about us not contained in Approved Materials; (c) your violation of Applicable Law; (d) any claim that Affiliate Content infringes or misappropriates any right; (e) any claim that you are or were a credit repair organization, or acted as one, in connection with this Agreement; or (f) any claim of employment or worker misclassification.
16.2 Procedure. We will notify you of any claim, though failure to do so relieves you only to the extent you are prejudiced. We may assume control of the defense of any claim implicating our regulatory standing or our marks, at your expense, and you will not settle any claim in a way that admits fault on our part or imposes any obligation on us without our written consent.
16.3 Survival. This Section survives termination.
17. Term, Suspension and Termination
17.1 Term. This Agreement begins on our approval of your application and continues until terminated.
17.2 Termination without cause. Either party may terminate at any time on written notice, for any reason or none. On termination without cause you continue to receive commission on Clients already attributed to you, on the same terms, for as long as they remain Clients, subject to Sections 8.3 to 8.7.
17.3 Termination for cause. We may terminate immediately, without notice, on:
(a) breach of Section 3.4, 4, 5, 6, 7, 11 or 14, including publication of Affiliate Content we did not approve; (b) fraud, misrepresentation, or any conduct in Section 5.4(e), (f) or (g); (c) your becoming ineligible under Section 2.3; (d) any conduct that in our reasonable judgment creates material legal or reputational risk to us; or (e) your insolvency, assignment for creditors, or bankruptcy filing.
17.4 Suspension pending investigation. We may suspend your account, disable your Referral Link and withhold payment while investigating a suspected breach. If no breach is found, withheld amounts are released with the next payment cycle.
17.5 Effect of termination. Your Referral Link stops resolving. You must stop publishing Affiliate Content and comply with Section 12.2.
17.6 Survival. Sections 1, 3.5, 5.1, 7.8, 8.7, 8.8, 8.9, 11, 12.2, 13.3, 14, 16, 18, 19, 20 and 21 survive. Section 3.4 does not survive: it binds you only while this Agreement is in force, and we assert no restriction on your activities afterwards.
18. Remedies
18.1 Cumulative. Our remedies are cumulative and in addition to any remedy at law or equity.
18.2 Set-off first. On termination for cause we may first set off, against any unpaid commission, the amount of any loss we have suffered as a result of your breach, including amounts under Section 8.7 and Section 16.
18.3 Forfeiture of held amounts. On termination for cause, commission that has not completed the clearing period in Section 8.3 is forfeited.
18.4 Forfeiture of payable amounts. On termination for cause arising from Section 5.1, Section 5.3(c), or fraud, commission that has completed the clearing period but not been paid is also forfeited.
18.5 Severability of remedies. Sections 18.2, 18.3 and 18.4 are separate and independent. If any is held unenforceable in any jurisdiction, the others remain in full effect, and the unenforceable provision is limited to the extent necessary to make it enforceable rather than struck.
18.6 Injunctive relief. You acknowledge that breach of Section 5, 11 or 12 would cause harm not adequately compensable in damages, and that we may seek injunctive relief without posting bond, in addition to any other remedy.
19. Dispute Resolution
PLEASE READ. THIS SECTION AFFECTS HOW DISPUTES ARE RESOLVED AND WAIVES RIGHTS INCLUDING TRIAL BY JURY AND PARTICIPATION IN CLASS PROCEEDINGS.
19.1 Informal resolution first. Before commencing any proceeding, the complaining party will send written notice describing the dispute and the relief sought, and the parties will negotiate in good faith for thirty (30) days.
19.2 Arbitration. Any dispute arising out of or relating to this Agreement that is not resolved under Section 19.1 will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat is Cheyenne, Wyoming; the arbitration may be conducted by videoconference. The arbitrator's award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.
19.3 Class action waiver. Claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
19.4 Blow-up provision. If Section 19.3 is held unenforceable as to any claim, then Section 19.2 does not apply to that claim, and that claim only will be resolved in court under Section 19.6. The remainder of this Section 19 survives as to all other claims. The parties intend that no class or representative proceeding be arbitrated in any circumstance.
19.5 Carve-outs. Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court to protect intellectual property or confidential information, without first complying with Sections 19.1 to 19.3.
19.6 Judicial forum. Where a dispute is not subject to arbitration, the state and federal courts located in Laramie County, Wyoming have exclusive jurisdiction, and each party consents to personal jurisdiction and waives any objection to venue or forum non conveniens.
19.7 Jury waiver. To the extent any dispute proceeds in court, each party knowingly and voluntarily waives any right to trial by jury.
19.8 Limitation period. Any claim must be brought within one (1) year after it accrues, or it is permanently barred, except where a shorter period cannot lawfully be shortened.
19.9 Governing law. Wyoming law governs, without regard to conflict of laws principles, except that the Federal Arbitration Act governs Section 19.2.
20. Disclaimers and Limitation of Liability
20.1 NO EARNINGS GUARANTEE. We make no representation, warranty or guarantee as to the amount you will earn, if anything. Any figure, estimate, calculator, example or illustration we publish is hypothetical, rests on assumptions that may not hold, and is not a promise or prediction. Many affiliates earn little or nothing. Your results depend on your audience, your effort, and factors outside anyone's control. You acknowledge you have not relied on any earnings representation in entering this Agreement.
20.2 As is. The Program, Referral Links, tracking systems, dashboard and Approved Materials are provided "AS IS" and "AS AVAILABLE," without warranty of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or uninterrupted availability.
20.3 Cap on liability. Our aggregate liability arising out of or relating to this Agreement will not exceed the total commission actually paid to you in the twelve (12) months immediately preceding the event giving rise to the claim.
20.4 Excluded damages. We will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits, lost revenue, lost opportunity, lost data or reputational harm, however caused and on any theory of liability, even if advised of the possibility.
20.5 Basis of the bargain. The limitations in this Section are an essential basis of the bargain and apply notwithstanding the failure of any limited remedy.
21. Modification of this Agreement
21.1 We may modify this Agreement on thirty (30) days' notice to the email on your account or posted to your dashboard.
21.2 Continued participation after the effective date constitutes acceptance.
21.3 If you do not agree, you may terminate under Section 17.2, and commission on Clients attributed before the effective date continues under the prior terms.
21.4 No modification by you is effective unless in a writing signed by an authorized officer of Vance Credit. Course of dealing, course of performance and our failure to enforce do not modify this Agreement.
22. Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including act of God, war, civil unrest, labor dispute, governmental action, epidemic, utility or network failure, or the act or omission of any consumer reporting agency, payment processor or platform. This Section does not excuse any payment obligation for commission already earned and payable.
23. General
23.1 Assignment. You may not assign or delegate this Agreement, in whole or part, by operation of law or otherwise, without our prior written consent. We may assign freely, including in connection with any merger, reorganization or sale of assets.
23.2 Entire agreement. This Agreement and our published Program policies are the entire agreement and supersede all prior or contemporaneous understandings, representations and communications.
23.3 Severability. If any provision is unenforceable, it will be limited to the minimum extent necessary, or severed if it cannot be limited, and the remainder continues in full force.
23.4 No waiver. No failure or delay in exercising any right operates as a waiver. A waiver is effective only in writing and only for the instance given.
23.5 No third-party beneficiaries. This Agreement benefits only the parties and, as to Section 16, our indemnified persons.
23.6 Notices. To you, at the email on your account, effective on sending. To us, at partners@vancecredit.com, effective on acknowledged receipt.
23.7 Electronic acceptance. You consent to contract electronically. Your acceptance has the same effect as a handwritten signature.
23.8 Headings and interpretation. Headings are for convenience only. "Include" and "including" mean without limitation. This Agreement will not be construed against either party as drafter.
23.9 Counterparts. This Agreement may be accepted in counterparts and by electronic means.
BY ACCEPTING, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER IN SECTION 19 AND THE LIMITATION OF LIABILITY IN SECTION 20, THAT YOU ARE AT LEAST 18 YEARS OLD, AND THAT YOU HAVE AUTHORITY TO ENTER INTO IT.
Vance Credit LLC 800 Maine Avenue SW, Washington, DC 20024-2805 partners@vancecredit.com
Accepted electronically on submission of your application. A copy of the version you accepted, and the date you accepted it, is retained on your account and available from your dashboard.