Terms and Conditions

This Affiliate Program Agreement ("Agreement") provides terms and conditions applicable to your membership in the Quicken Loans Affiliate Program ("QLAP") that are in addition to any terms and conditions that you may have agreed to pursuant to an agreement with a Quicken Loans' Marketing Affiliate (hereafter defined). Quicken Loans and Publisher each acknowledge that they may be parties to agreements with "Marketing Affiliates" (i.e. Commission Junction; CPA Empire; Direct Response; Yahoo; Google; ect.) and may be participants in a Marketing Affiliate Network ("Program").

  1. Overview.

    • Quicken Loans Inc., a Michigan corporation ("Quicken Loans"), operates www.quickenloans.com as a residential mortgage loan origination Web site. As part of its Web site, Quicken Loans offers QLAP, through which approved companies operating their own Web sites ("Publisher(s)") are granted a revocable, limited and non-exclusive right to:
      • lawfully advertise and promote Quicken Loans services and the Quicken Loans Web site solely in a manner approved by Quicken Loans;
      • lawfully post an approved graphical or textual Internet hyper-link ("Link") to the Quicken Loans Web site; and
      • lawfully direct visitors from the Publisher's Web Site to a specific URL or landing page designated by Quicken Loans ("Destination Site").
      • Publishers are offered the opportunity to earn an "Advertising Fee" (the Advertising Fee is posted on the QLAP Web site and may be changed in Quicken Loans sole discretion by posting a different Advertising Fee on the QLAP Web site) for each "Qualified Data Submission" (as defined in Section 7 herein).
  2. Approval.

    • All participation in QLAP is subject to Quicken Loans approval, which may be withheld in Quicken Loans' sole discretion. In addition, each approval is made on a Web site by Web site basis, for those Publishers operating more than one Web site. Publisher must submit the URL for each Web site for which the Publisher is seeking approval, regardless of whether Publisher maintains a separate account on the Program for such Publisher Web site.
    • Unless notified to the contrary, in writing from Quicken Loans, all prospective Publishers must submit an application to Quicken Loans through one of its Marketing Affiliate(s) in order to become an "approved" Publisher eligible to participate in QLAP and post Links to the Quicken Loans Web site and earn Advertising Fees.
    • Unless notified to the contrary, Quicken Loans will notify each prospective Publisher through its Marketing Affiliate(s) in writing (by e-mail or otherwise) whether or not it has been approved. Publisher is not authorized to participate in QLAP or to post Links to the Quicken Loans Web site until approved in advance by Quicken Loans.
  3. Limited License to Use Quicken Loans Marks.

    • Upon receiving a written notice of approval, Quicken Loans grants to Publisher a limited, revocable, non-transferable, non-exclusive license during the term of this Agreement to use (in the United States) only those Quicken Loans marks, trademarks, service marks, trade names, trade dress, logos, graphics and icons specifically designated and provided by Quicken Loans ("Marks") solely in connection with the marketing, advertising, and promotion of the Quicken Loans advertisements posted on the Publisher's Web site (which advertisements must be approved by Quicken Loans) and in connection with the graphical/textual Links to the Destination Site.
    • Publisher's use of the Quicken Loans' Marks will at all times be subject to the prior written approval of Quicken Loans and in accordance with the following:
      • Publisher shall comply with all reasonable guidelines provided by Quicken Loans with respect to the graphic reproduction, appearance, and "look and feel" related to the marketing and representation of Quicken Loans and its products and services.
      • Publisher's use of the Marks shall include the appropriate trademark/service mark symbols and Publisher shall not remove such symbols.
    • Nothing in the Agreement gives Publisher any right, title or interest in the "Quicken Loans®" logo or mark, or any other Quicken Loans owned marks. Quicken Loans reserves all rights, title and interest in the Marks and the goodwill associated with use of the Marks shall inure solely to the benefit of Quicken Loans. All rights not expressly granted in the Agreement are reserved by Quicken Loans.
    • The Publisher's right to use the Marks is limited to and arises only out of the license granted hereunder. This license may be immediately terminated upon notice from Quicken Loans and shall automatically terminate upon any termination or expiration of this Agreement.
    • Publisher shall not assert the invalidity, unenforceability, or contest the ownership by Quicken Loans of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Quicken Loan's right, title or interest in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
    • Publisher agrees not to register or attempt to register any phrases, marks or logos that would cause confusion, or be likely to cause confusion, with any of the Quicken Loans' Marks.
    • Publisher acknowledges Quicken Loans rights in and to the Marks and any display by Publisher of Marks will inure to the sole benefit of Quicken Loans.
    • Publisher may not make any specific representations concerning the quality of any Quicken Loans products or services, nor that Quicken Loans "officially" endorses Publisher in any way, nor that Quicken Loans recommends Publisher's products or services over those of any other company or person.
    • Publisher is not permitted to use the Marks to disparage or parodize Quicken Loans, its subsidiaries, products, or services, or for promotional goods, or for products which in Quicken Loans reasonable judgment may diminish or otherwise damage Quicken Loans goodwill in the Marks, including but not limited to uses that could be deemed to be obscene, violent or otherwise in poor taste or unlawful, or which purpose is to encourage unlawful activities.
  4. Usage Guidelines.

    • Quicken Loans requires that Publisher obtain original digital or camera-ready artwork directly from Quicken Loans. No re-sampling or other attempted duplication is allowed and no alterations, modifications, cropping or additions to the Marks are permitted.
    • All printed materials or visual displays that involve any graphics or color should be presented in color the original colors provided.
    • The "Quicken Loans®" logo may only be displayed in red and white or black and white as provided by Quicken Loans. Black and white can only be used in approved materials that are less than 4-color.
    • The typeface for the Marks will only be the typeface supplied by Quicken Loans.
    • Original logo art supplied by Quicken Loans can be enlarged or reduced in size, but must be done in exact proportion to the original height and width. The Marks should always have the "®" registered mark symbol or "SM" service mark symbol near the right shoulder of the mark.
    • The "Quicken Loans®" logo must only appear in standard size for the allowed Publisher materials, such size to be pre-approved by Quicken Loans in accordance with the terms of the Agreement.
    • The Publisher's mark(s), name(s) and/or logo(s) must not touch or be placed inside of any part of the "Quicken Loans®" logo.
    • The "Quicken Loans®" logo may not be violated or touched by any other text or graphics in any way and there must be a border of space of at least 15 percent of the total height of the letter "Q" surrounding the "Quicken Loans®" logo on all sides in every instance the Logo appears.
    • Any marketing materials or visual display for the Publisher's products or services that use the "Quicken Loans®" logo must (in the sole opinion of Quicken Loans) be consistent with the following brand attributes of the products and services offered by Quicken Loans (e.g. easy-to-use, trusted, financial and very high quality.)
    • Any colors, fonts, images or graphics that are used in materials that visually display the "Quicken Loans®" logo should reflect those same brand attributes without copying the overall Quicken Loans trade dress that appears on the Quicken Loans' Websites or other Quicken Loans created materials.
    • In Quicken Loans review of Publisher's marketing materials, Quicken Loans may provide input about whether said materials or displays conform to the brand character. If marketing materials or visual displays are, in the sole opinion of Quicken Loans, inconsistent with Quicken Loans brand character, Quicken Loans can require that such materials be changed prior to any public distribution as set forth in the Agreement.
    • The "Quicken Loans®" logo is a service mark of Quicken Loans and its parent Intuit Inc. and must appear with the ® symbol placed on the right "shoulder" of the mark. Thus, the correct symbol placement generally is as follows: "Quicken Loans®". The symbol must appear in every iteration of the mark in logo form, but may be omitted after the first mention in prose/plain-text materials.
    • In addition to the above, the appropriate ownership legend must be included in the "legal notices" section of any materials in which the "Quicken Loans®" logo or mark is displayed. This legend must read generally as follows: "Quicken Loans® is a registered mark of Intuit Inc., displayed with permission." In advertising and promotional materials, the legend is typically placed at the bottom of the ad or layout. The legend may appear in small type, but must still be legible.
    • Publisher should attempt to use the "Quicken Loans®" mark as an adjective in at least its first iteration in said materials (i.e., "Quicken Loans service"). Subsequently, the generic word which the "Quicken Loans®" mark modifies may be omitted where the immediate context shows that the word is intended, such as during repetitive mentions of the software within a single paragraph or section. For example: First iteration: We recommend using the Quicken Loans® mortgage Web site. Subsequent uses: Quicken Loans® allows users to better organize their businesses.
    • Quicken Loans reserves the right to object to unfair uses or misuses of the "Quicken Loans®" mark or other violations of applicable law.
    • Permission to use the "Quicken Loans®" logo and marks are subject to written approval by an authorized representative of Quicken Loans as to each of Publisher's uses.
  5. Limited License to Link to Quicken Loans Web Site.

    • Upon receiving a written notice of approval, Quicken Loans will provide Publisher with the logos and graphics for graphical/textual Links and grant Publisher a limited, revocable, non-transferable, non-exclusive license during the term of this Agreement to post on each of Publisher's Web sites that have been approved by Quicken Loans in advance, graphical/textual Links (only as approved by Quicken Loans) to the Quicken Loans Destination Site and to direct visitors to the Destination Site in accordance with the terms and conditions of this Agreement.
    • Publisher's use of the Quicken Loans' graphical and textual Links must comply with the following:
      • The Link between the Publisher's Web site and Quicken Loans Destination Site must be a direct Link (e.g., no interstitials, pop-up windows or redirects);
      • The Link between the Publisher's Web site and Quicken Loans Destination Site may not be framed or co-branded by Publisher;
      • The Link between the Publisher's Web site and Quicken Loans Destination Site may not contain any trojan horses, spyware, worms, time bombs, viruses or other harmful programming routines; and
      • The Link must incorporate a unique "tag" provided by Quicken Loans in order to permit accurate tracking, reporting and credit for Advertising Fee payments. Publisher must ensure that each of the Links between its Web site and the Destination Site properly utilize the Quicken Loans tagged link format. Publishers will only earn Advertising Fees with respect to activity on the Destination Site occurring directly through a tagged Links. Quicken Loans will not be liable to pay Publisher for Qualified Data Submissions that are received from untagged Links.
  6. Advertising Restrictions.

    • Publisher's Web site must have bona fide content and may not simply use or employ domain names which are similar to the Marks, the Destination Site or to Quicken Loans Web site in order to obtain data submissions (e.g., domain names based on misnomers, pseudonyms, misspellings, typos, similar phonics relating to the Quicken Loans Web sites are not permitted) or incorporate any of the Marks as metatags on any pages on the Publisher's Web site, nor may Publisher use search engine placements (e.g. purchase of key terms) that are based on the Marks, or domain names based on misnomers, pseudonyms, misspellings, typos, similar phonics relating to the Quicken Loans' Marks or Web sites.
    • Under QLAP, Publisher shall not:
      • have any authority to make or publish any statement, claims, representation or warranty about Quicken Loans products or services, which could be deemed to be a binding offer, obligation or guarantee by Quicken Loans (other than as expressly authorized by Quicken Loans in writing);
      • misrepresent the services provided by Quicken Loans or the services offered by the Quicken Loans Web site;
      • imply any type of affiliation or relationship with Quicken Loans, other than that of advertiser;
      • assist or attempt to assist Quicken Loans in the procurement or origination of mortgage loans arising from visitors to or Links from the Publisher's Web site;
      • solicit visitors by e-mail;
      • solicit visitors by telemarketing;
      • solicit visitors by pop-up advertisements; or
      • provide cash, points or gifts to entice visitors as an incentive to complete an action on the Destination Site.
  7. Qualified Data Submissions.

    • Quicken Loans reserves the right to cap the maximum number of Qualified Data Submissions that it will receive from Publisher in a single calendar day. Quicken Loans reserves the right to adjust the cap at anytime and such adjustments may be communicated to Publisher via e-mail. In any event, Publisher will adjust the cap within 1 business day.
    • Quicken Loans will only pay an Advertising fee for "Qualified Data Submissions" that meet all of the following conditions:
      • It must originate from a lawful click on an approved Quicken Loans advertisement (Quicken Loans' approved text link, banner advertisement or other approved method of creating a hyperlink between Publisher's Website and the Destination Site) posted on the Publisher's Web site, which operates as a textual/graphical hyper-link to a Destination Site;
      • It must originate from a complete Quicken Loans' mortgage inquiry application displayed on a Destination Site.
      • it must not be duplicative of any mortgage inquiry application received from the same visitor or same household within the previous three (3) months;
      • it must originate from a bona fide visitor with a legitimate interest in applying for or inquiring about a mortgage loan (e.g., the visitor must be at least 18 years of age and provide a legitimate name, property address, telephone number and e-mail address; and
      • it must be received by Quicken Loans during the term of this Agreement, prior to termination.
    • Publisher shall not employ any means, method or device to artificially inflate the number of Qualified Data Submissions or to submit non-bona fide data submissions.
    • Although Marketing Affiliates may track and calculate the data submissions in accordance with the Program, determination of whether the data submission is a Qualified Data Submission shall be made by Quicken Loans.
    • Quicken Loans may chargeback to Publisher (e.g., debit or offset from any amounts owed) any Advertising Fees paid or credited to Publisher with respect to data submissions that were not Qualified Data Submissions or paid in error; the Publisher hereby consenting to the same.
    • Other than the payment of the Advertising Fee, Publisher shall have no claims to any additional compensation, commissions or business derived by or through Qualified Data Submissions.
    • Quicken Loans may, from time to time, propose special offers, which will be subject to a separate agreement between Quicken Loans and the Publisher.
  8. Representations, Warranties and Covenants.

    • Publisher represents and warrants that:
      • Publisher is duly organized, validly existing, and in good standing under the laws of the state or country of Publisher's origin;
      • Publisher has established and implemented commercially reasonable practices and procedures and will continue to perform spot checks or audits to insure that full compliance with all federal, state and local laws and regulations and particularly, the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);
      • Publisher will promptly notify Quicken Loans, in writing, if it receives any complaints or notices from any governmental agencies (including any third party claims asserted in state or federal courts) referencing a violation of any federal, state and local laws and regulations and particularly, the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);
      • Publisher will perform a full investigation, within forty-eight (48) hours of receipt of a request, If either party receives an inquiry or complaint from a governmental agency (including any third party claims asserted in state or federal courts) relating directly to the CAN-SPAM Act of 2003, the DO NOT CALL REGISTRY provisions, or any similar federal, state, or local statute or regulation; or for providing information that was procured through fraud, identity theft or any illegal or illicit means to determine the merits of the inquiry or complaint;
      • Publisher will indemnify, defend, and hold harmless Quicken Loans from any and all third party claims resulting or arising from Publisher's acts or omissions;
      • Publisher has all requisite power and authority to enter into this Agreement and to carry out and perform its obligations under the terms of this Agreement;
      • this Agreement has been duly authorized, executed, and delivered by Publisher and is a valid and binding obligation of Publisher enforceable in accordance with its terms;
      • Publisher shall post and maintain during the term of this Agreement a privacy policy in connection with its Web site that is in compliance with applicable law; and
      • the execution and performance of and compliance with this Agreement does not and will not conflict with, or constitute a default or violation under, nor result in the breach of: (a) any term of Publisher's governing documents; (b) any term or provision of any contract or agreement to which Publisher is a party; or (c) any order, code, regulation or law applicable to Publisher.
  9. Disclaimer of Warranties and Limitation of Liability.

    • THE DESTINATION SITE IS PROVIDED ON AN "AS IS" BASIS. QUICKEN LOANS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE ACCURACY, SECURITY, PERFORMANCE OR FUNCTIONALITY OF THE DESTINATION SITE (INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE DESTINATION SITE WILL BE ERROR OR VIRUS FREE OR THAT SERVICE WILL BE UNINTERRUPTED) AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT. THE DESTINATION SITE IS SUBJECT TO CHANGE AT ANY TIME IN QUICKEN LOANS' SOLE DISCRETION.
    • UNDER NO CIRCUMSTANCES SHALL QUICKEN LOANS BE LIABLE TO PUBLISHER; PUBLISHER'S VISITORS, USERS OR SUBSCRIBERS; OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH PUBLISHER FOR ANY LOSS, LIABILITIES, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, DELAYS, OR INTERRUPTIONS IN THE RECEIPT, TRANSMISSION, OR STORAGE OF ANY MESSAGES OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH THE DESTINATION SITE; AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUICKEN LOANS SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY DAMAGES OR SPECIAL DAMAGES, LOST PROFITS, LOST OPPORTUNITIES, LOST SAVINGS, LOST DATA, OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF QUICKEN LOANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES, WHETHER RESULTING FROM BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE. THE AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL ADVERTISING FEES PAID TO PUBLISHER UNDER THIS AGREEMENT.
    • QUICKEN LOANS MAKES NO WARRANTIES WITH RESPECT TO QLAP, ANY OFFERINGS MADE THROUGH QLAP, OR AS TO THE CONTINUATION OF OFFERINGS THROUGH QLAP. ALL OFFERS AND ADVERTISEMENTS THROUGH QLAP SHOULD BE CONSIDERED LIMITED TIME OFFERS.
  10. Term and Termination.

    • The term of this Agreement shall be continuous, unless and until either party notifies the other in writing, with seven days advanced notice, that such party desires to terminate the Agreement.
    • This Agreement may be terminated immediately, without penalty, by Quicken Loans in the event that Publisher:
      • operates an illegal business through its Web site and/or subscription e-mail list;
      • engages in any illegal activity of any type, including but not limited to displaying illegal content on its Web site and/or in its subscription e-mails or offering any illegal goods or services through its Web site and/or subscription e-mails;
      • uses its Web site or any Links therefrom to promote, any content which Quicken Loans, in its sole discretion, believes is misleading, abusive, violent, bigoted, hate-oriented, or pornographic;
      • engages in indiscriminate or unsolicited advertising;
      • places Links to the Destination Site in newsgroups, message boards, unsolicited e-mails or other types of spam, banner networks, counters, chatrooms, guestbooks, IRC channels or through similar Internet resources;
      • causes or enables Links to the Destination Site which are not made in good faith, including, but not limited to, by means of any device, program, robot, I-frames, hidden frames, JavaScript popup windows or redirects;
      • employs the services of Gator Corporation, WhenU.com or any similar firm that utilizes spyware or similar applications in connection with any Web site on which Links to the Destination Site appear;
      • establishes or causes to be established any promotion that provides any rewards, points or compensation for Qualified Data Submissions;
        • certain incentive and reward sites may be allowed into QLAP with prior written approval from Quicken Loans and any applicable Marketing Affiliates.
      • allows third parties to place Links to the Destination Site without Quicken Loans prior written permission;
      • breaches the provisions of this Agreement; or
      • dilutes, blurs or tarnishes the value of Quicken Loans Marks.
    • Upon termination of this Agreement for breach, Quicken Loans will be released from all obligations and liabilities owed to Publisher.
    • For purposes of notification of termination, delivery via email is considered a written and immediate form of notification.
    • Termination of this Agreement will not relieve Publisher from any liability arising from any breach of this Agreement.
    • Unless otherwise stated, upon termination of this Agreement:
      • Qualified Data Submissions obtained through Publisher's efforts shall not constitute a continuation or renewal of this Agreement or a waiver of such termination;
      • Publisher shall not be entitled to Advertisement Fees for Qualified Data Submissions delivered after the date of termination;
      • Publisher shall be entitled only to unpaid and undisputed Advertisement Fees, earned by Publisher prior to the date of termination;
      • all rights and licensees granted to Publisher shall immediately terminate and, as such, Publisher will promptly cease all uses of any trade names, trademarks, service marks, logos and other designations of Quicken Loans or QLAP; and
      • Publisher shall return to Quicken Loans any confidential information, and all copies thereof, in its possession, custody and control.
  11. Indemnity.

    • Publisher shall defend, indemnify, and hold Quicken Loans (and its directors, officers, employees, representatives, parents, affiliates and subsidiaries) harmless from and against any and all claims, liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with:
      • any breach of Publisher's representations, warranties or covenants set forth in this Agreement;
      • any illegal activities of Publisher;
      • any negligent act or omission of Publisher;
      • any injury to persons or damages to property caused directly or indirectly by a negligent act or omission of Publisher; or
      • any unauthorized use of the Quicken Loans Marks, Web site or QLAP.
  12. Confidential Information.

    • Publisher acknowledges that, during the term of this Agreement, it may be entrusted with non-public Confidential Information relating to business, operations or underlying technology of Quicken Loans. Publisher shall not use Confidential Information for purposes other than necessary to further the purpose of this Agreement. Publisher shall not disclose Confidential Information to third parties without the prior written consent of Quicken Loans.
    • Should Publisher be required under applicable law, rule or regulation, or pursuant to the order of any court or governmental entity of legal process of any governmental entity of competent jurisdiction to disclose Confidential Information in its possession, custody or control, Publisher shall:
      • give prior written notice of such disclosure to Quicken Loans; and
      • use its best efforts to limit such disclosure to only that information which is required to be disclosed. Publisher's obligation to not disclose or use Confidential Information shall survive the termination of this Agreement.
    • Once a visitor clicks on the Link to the Destination Site, thereby requesting to establish a direct Link to the Destination Site, Publisher shall not employ any means, method or device (including, but not limited to, spyware or cookies) to monitor, track or record information regarding the visitor's usage on the Destination Site.
    • Notwithstanding any other provision of this Agreement, Quicken Loans shall be the sole owner of all names, addresses, transaction data and other non-public personal information gathered on the Destination Site and through the Link to the Destination Site.
    • All information or data contained in the Link between the Publisher's Web Site and the Destination Site shall be deemed confidential information belonging to Quicken Loans.
    • All visitors that use the Destination Site shall be subject to additional terms and conditions posted on the Destination Site and shall be subject to the privacy policy posted on the Destination Site.
    • Publisher shall use its best efforts to avoid any unauthorized disclosure or unauthorized use of the Confidential Information by any third parties (person or business)
    • Publisher's Website shall employ its best efforts to safeguard and protect visitor information from loss, misuse and unauthorized disclosure.
  13. Additional Terms.

    • Assignment. Publisher shall not assign, transfer or delegate its obligations under this Agreement, either in whole or in part, without the prior written consent of Quicken Loans. Any attempted assignment, transfer or delegation in violation of the provisions of this provision will be void.
    • Severability. The provisions of this Agreement are severable. If any provision of this Agreement, or the application thereof to any person or circumstance, shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect.
    • Waiver. No delay or failure by Quicken Loans in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
    • Equity. The rights and remedies of Quicken Loans are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. Publisher acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be unenforceable by specific performance, injunction, or other equitable remedy.
    • Construction. This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the Agreement.
    • Modification. Quicken Loans reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days prior notice to Publisher via electronic communication. If any modification is unacceptable to Publisher, Publisher's sole recourse is to terminate this Agreement. Publisher's continued participation in QLAP after notice of modification to the terms and conditions of this Agreement constitutes Publishers binding acceptance to the change.
    • Choice of Law and Venue. This Agreement has been made in the State of Michigan and shall be construed and enforced in accordance with Michigan law for contracts made and performed in the State of Michigan. Any action to enforce this Agreement shall be brought in the Michigan federal courts (i.e., for the Eastern District of Michigan) or state courts (for the County of Wayne), the parties hereby by consenting to such exclusive jurisdiction and venue.
    • Notice. Official notices should be sent to Quicken Loans via certified mail to: Quicken Loans Inc. Attn: Legal Department, 1050 Woodward Avenue Detroit, MI 48226. Notices for termination can be sent via email at affiliates@quickenloans.com.
    • Independent Contractor. Participation in QLAP does not constitute an employment, broker or agency relationship, between Publisher and Quicken Loans, nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.
    • E-SIGNATURE. BY SUBMITTING A QLAP APPLICATION AND BY CLICKING ON THE "SUBMIT" BUTTON, YOU ARE SIGNIFYING THAT YOU INTEND TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THIS AGREEMENT IN INK.

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