GoodCar Affiliate Program Supplemental Terms

THESE TERMS SUPPLEMENT ANY OTHER TERMS THAT YOU MAY HAVE IN RELATION TO THE AFFILIATE PROGRAM.

PLEASE READ THIS AFFILIATE PROGRAM SUPPLEMENTAL TERMS CAREFULLY. THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

Welcome to GoodCar.com (“GoodCar”), provided to users by InfoPay, Inc. (“we”, “our”, or “us”). We created these Affiliate Program Supplemental Terms (“Agreement” or “Terms”) to supplement how you participate in our Affiliate Program.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS APPLY TO YOUR PARTICIPATION IN OUR AFFILIATE PROGRAM. YOU CANNOT PARTICIPATE IN OUR AFFILIATE PROGRAM UNLESS YOU AGREE TO THESE TERMS.

By participating in our Affiliate Program, you agree to be bound by the Binding Arbitration Clause and Class Action Waiver described in Section 12.

If you are accepting this Agreement on behalf of a legal entity other than yourself as an individual, including a business or a government, you represent and warrant that you have full legal authority to bind such entity to this Agreement.

These Terms apply only to your participation in our Affiliate Program and were last updated as of April 25, 2024. We expressly reserve the right to revise these Terms at any time and such revision shall be accessible via this link: https://moresbymedia.com/affiliate-agreement-terms/. Any revision and/or addition to these Terms shall become effective and binding on you when you continue to participate in our Affiliate Program on or after the effective date of such revision and/or addition.

To the extent that these terms conflict with any other terms you enter into related to the Affiliate Program, these terms shall govern.

1. Privacy Notice

By participating in our Affiliate Program, you represent that you have read, understand, and agree to all the terms and conditions of these Terms, including our Privacy Notice ("Privacy Notice") which is fully incorporated herein by reference. The Privacy Notice governs the collection, use, and disclosure of Personal Information.

2. Affiliate Program Eligibility

(a) Non-Exclusivity: This Agreement is not exclusive to you, and we reserve the right to appoint other partners in our Affiliate Program.

(b) Eligibility: As an express condition of participating in our Affiliate Program, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, and (ii) are not on a list of persons barred you from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction.

3. Affiliate Program Obligations and Restrictions

(a) Compliance with Applicable Law: In relation to the Affiliate Program, you will comply with all applicable laws, including but not limited to Driver's Privacy Protection Act of 1994 ("DPPA"), 18 U.S.C. § 2721, et seq., as amended, and as supplemented or restricted by the laws, rules, and regulations of the state from which the motor vehicle record is sought.

(b) Restrictions: Links in Affiliate Materials must: (i) comply with this Agreement, any other specifications that we may provide to you from time to time, and any applicable law; (ii) link directly to the Site, as applicable, with no redirection, site framing, pop-up windows, downloaded software, toolbars, browser plug-ins or extensions; and (iii) not be false or misleading. We reserve the right to reject any Links, or any aspect thereof (including placement), for any reason, and you shall immediately comply with all Link requirements and instructions provided by us, including without limitation, removal of any Link from Affiliate Materials. In addition, we reserve the right within our discretion to reject any Links, or the Affiliate Materials on which the Links are displayed, that may tend to bring disparagement, ridicule, or scorn upon us. You agree that you will not knowingly make any statement or undertake any act or omission that would result in the civil or criminal liability of InfoPay, Inc.

(c) Emails and Communications: Emails or any other form of communications sent to promote GoodCar must: (i) comply with applicable law (including but not limited to CAN-SPAM); and (ii) be sent directly by you in accordance with lawful consumer-based permission. You cannot indicate nor suggest that such emails are being sent on behalf of InfoPay, Inc.

(d) Affiliate Disclosure: You must clearly and prominently state the following, or any substantially similar statement previously allowed under this Agreement, on Affiliate Materials or any other location where we may authorize your display or other use of Links: “As part of the GoodCar Affiliate Program, I receive commissions for purchases made through links in this post.” Except for this disclosure, and other than as required by applicable law, you will not make any public communication with respect to this Agreement or your participation in our Affiliate Program without our advance written permission. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.

4. Customer Support

Our Customer Support team is available to address your questions or concerns. Contact Customer Support by calling (800) 764-0104 or via email at affiliates@goodcar.com. Our Customer Service Department is open 24/7.

5. Intellectual Property

(a) General: All content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement ("Materials") are either the proprietary property of us, our affiliates, our brand partners, or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Information (as defined in our Privacy Policy). All registered and unregistered trademarks visible or accessible through our Services are trademarks of InfoPay, Inc. or licensors, and may not be copied, imitated, or used in whole or in part without the prior written permission of InfoPay, Inc. or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.

(b) Trademarks: You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks, and logos (“Affiliate Marks”) in connection with the Affiliate Program and this Agreement. During the term of this Agreement, in the event that we make our trademark available to you, you may use our trademark as long as you follow the usage requirements in this section. You must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Affiliate Program and this Agreement; and (iii) immediately comply if we request that you discontinue use. You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor, or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

6. Your Representations and Warranties

You represent and warrant that: (i) you have all sufficient rights and permissions to participate in our Affiliate Program and to provision us with Affiliate Leads for our use in sales and marketing efforts or as otherwise set forth in this Agreement, (ii) your participation in our Affiliate Program will not conflict with any of your existing agreements or arrangements, and (iii) you own or have sufficient rights to use and to grant to us our right to use the Affiliate Marks.

You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in our Affiliate Program (for example, by clearly stating you are part of the GoodCar Affiliate Program on any website(s) you own where you make a Link available); (ii) you will accurately provide us all websites and domains you own where you intend to use Links to generate Affiliate Leads; (iii) you will not purchase ads that direct to your site(s) or through a Link that could be considered as competing with our own advertising; (iv) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) you will not attempt to mask the referring URL information; (vi) you will not use your own Link to purchase GoodCar products for yourself; and (vii) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, iframes, or hidden frames), or offering incentives to encourage purchases or signups.

7. Disclaimers

We collect information about most vehicles sold in the United States from various publicly available sources. Because we do not generate original reports or notices, including without limitation recall notices, vehicle histories, or market values, we do not guarantee that the information on our Services will be accurate and complete, or that we receive relevant information (e.g., recall information) for all vehicles on our Services. We do not guarantee that the information provided in a search result contains specific information or will meet your expectations and needs. We expressly disclaim and will have no liability for any information available through our Services. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information, services, and other content provided on the Services. For the most current information on recall activity for your vehicle, contact your vehicle manufacturer.

The Services may provide you with information to assist you in making decisions regarding vehicles. We recommend that you use this information together with your own independent research and investigation, to make a better decision about vehicles. You assume full responsibility with respect to your decisions and transactions using the Services.

You understand that Information may not be available for all vehicles and that we may not have access to some information that may be available to other parties. You also understand there may be a delay between our receipt of certain information and the inclusion of that information in our Services. You recognize that our sole obligation in the case of erroneous Information, when notified in writing by you of such erroneous data, is correction of the Information in question.

You agree and understand that, except as may otherwise be indicated, any unpaid, preliminary results may differ from paid member searches or reports.

For the most recent records concerning any vehicle presented on the Services, contact the relevant state or local office, agency, or department.

InfoPay, Inc. is not affiliated with the United States Government or any federal or state government agency.

8. No Warranties

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INFOPAY, INC. PROVIDES ALL SERVICES AND INFORMATION "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INFOPAY, INC. MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, INFOPAY, INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.

INFOPAY, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, GOODCAR. YOUR USE OF GOODCAR AND/OR YOUR PARTICIPATION IN OUR AFFILIATE PROGRAM IS SOLELY AT YOUR OWN RISK.

THERE ARE NO WARRANTIES RELATING TO ANY OF THE VEHICLES ABOUT WHICH INFORMATION IS POSTED ON GOODCAR.

InfoPay, Inc. does not warrant that GoodCar will be uninterrupted or error-free; nor does InfoPay, Inc. make any warranty as to the results that may be obtained from the use of GoodCar, or as to the accuracy or reliability of any information, service, or materials provided through the Services.

9. Limitation of Liability

INFOPAY, INC. IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR GOODCAR, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH GOODCAR OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF GOODCAR OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF GOODCAR OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDING ANY PRIVACY OR SECURITY BREACHES.

NEITHER INFOPAY, INC., ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, NOR INFOPAY’S DATA PROVIDERS, WILL BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA GOODCAR, OR (III) ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY INFOPAY INC.’S ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE SERVICES. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.

OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR PARTICIPATION IN OUR AFFILIATE PROGRAM WILL IN NO EVENT EXCEED THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO A CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless InfoPay, Inc. and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers. And each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the Site or any Information you obtain through the Site (or any third party receiving such information from or through you), (ii) your participation in our Affiliate Program, (iii) your violation of these Terms, (iv) your violation or infringement of any laws or any rights of another individual or entity, or (v) any actual, prospective or terminated sale or other transaction between you and a third party.

11. Location of the Site and your Use

InfoPay, Inc. operates or controls the operation of the Site from the United States. In addition, the Site may be mirrored, and other websites operated or controlled by InfoPay, Inc. may be operated from various locations in and outside of the United States. InfoPay, Inc. makes no representation or warranty that all of the features of the Site will be available to you outside of the United States, or that the Site is permitted to be accessed outside of the United States. Additionally, the Site may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use the Site from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

12. ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

(a) ARBITRATION NOTICE: You and we agree that if there is any dispute or claim arising from or related to the Services and/or these Terms (except for Exempt Claims, as defined below), it will be resolved by confidential binding arbitration, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice should be sent to 227 Lewis Wharf, Boston, MA, 02110. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

If you and we are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or we may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be held in the Commonwealth of Massachusetts or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us, subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of these Terms containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.

CLASS-WIDE ARBITRATION WAIVER: YOU AND WE AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

EXEMPT CLAIMS: You and the Company agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:

(1) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from the small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this Arbitration Provision.

(2) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.

OPT-OUT: You may opt-out of this mandatory arbitration provision by writing us within 60 calendar days of your agreement to this Arbitration Provision by mail to 227 Lewis Wharf, Boston, MA, 02110. Include your name, address, and date in the correspondence. This is the only way you can opt-out.

(b) CLASS ACTION WAIVER: YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT IN THE EVENT OF ANY DISPUTES BETWEEN YOU AND US. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

13. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles. All claims/disputes arising out of or relating to these Terms will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Boston, Massachusetts, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.

14. General Conditions

If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

Our failure to enforce any right or provisions in these Terms will not constitute a waiver of that provision or any other provision of these Terms. No waiver of any of the provisions of these Terms of Service is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

This Agreement shall in no way limit our right to sell GoodCar products and Services, directly or indirectly, to any current or prospective customers.

15. Contact Us

If you have any questions or concerns about these Terms or wish to contact us for any other reason, please click here to contact us, email us at support@goodcar.com, call us at (800) 764-0104, or write: