Advertisements – Advertising communicated to users by electronic distribution systems.
Conversion – Using Rateology to select and view an application for a financial service.
Provider – A company that provides a financial service that can be accessed through Rateology.
Rateology (http://rateology.com) – A financial service marketing platform developed by Dunkin & Associates.
Referral – A user that passes through Rateology to a provider’s application on their website.
Service – A financial service with an online application available on Rateology.
User – A person that accesses and navigates Rateology.
SERVICE OFFERED BY DUNKIN & ASSOCIATES
Dunkin & Associates has developed a marketing platform (Rateology) that gives users the ability to compare personal financial services offered by various providers.
SERVICE PLACEMENT AND POSITIONING
Dunkin & Associates will use reasonable endeavors to distribute a providers service(s) on Rateology in accordance with the agreement between Dunkin & Associates and the provider.
If a service is not displayed on Rateology in accordance with the agreed specifications set out in the agreement, Dunkin & Associates will use reasonable endeavors to comply with those specifications. Dunkin & Associates shall display the service in accordance with the dates specified in the terms.
In the event that Dunkin & Associates fails to comply with the requirements set out in the agreement, the provider shall notify Dunkin & Associates of the same, whereupon Dunkin & Associates shall use its reasonable endeavors to ensure that the Service becomes compliant with the relevant requirements.
PAYMENT AND PAYMENT LIABILITY
Dunkin & Associates may charge providers a conversion fee every time a user is referred through Rateology by selecting a service and viewing the respective application on the provider’s website.
Should a provider fail to make payment within the deadline stipulated in the agreement, Dunkin & Associates reserves the right to inform the client of such default.
At any time, the provider may cancel the agreement if Dunkin & Associates is in breach of its’ obligations.
Dunkin & Associates may terminate the agreement at any time.
REMOVAL OF SERVICES
Dunkin & Associates reserves the right within its discretion to reject or remove from Rateology any services where the services or the application to which the service is linked do not comply with its policies, or that in Dunkin & Associate’s reasonable judgment, do not comply with any applicable law, regulation or other judicial or administrative order. In addition, Dunkin & Associates reserves the right, within its discretion, to reject or remove any services where the service content or the site to which the service is linked are or may tend to bring damage upon Dunkin & Associates or any of its affiliates.
Dunkin & Associates shall, at all times, retain all right, title and interest in any intellectual property rights in advertising campaigns produced on behalf of the provider by Dunkin & Associates.
LIMITATION OF LIABILITY
Dunkin & Associates shall not be liable to the provider or any loss of profit, goodwill, business opportunity, anticipated saving or any type of special, indirect or consequential loss or damage.
NON-DISCLOSURE, DATA OWNERSHIP, PRIVACY AND LAWS
Any marked confidential information and proprietary data provided by one party, including the pricing of the ad, set forth in the agreement, shall be deemed “Confidential Information” of the disclosing party. Confidential information shall also include information provided by either party, which under the circumstances surrounding the disclosure would be reasonably deemed confidential or proprietary.
Neither party will use any portion of confidential information provided by the other party for any purpose other than those provided for under this agreement.
To use Rateology you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from Rateology; and (iii) and use Rateology in compliance with any and all applicable laws and regulations.
The provider may not resell, assign or transfer any of its rights or obligations.
In the event of any inconsistency between the terms of an Agreement and these Terms of Service, the terms of the agreement shall prevail.