1.0 PURPOSE
Whereas EZ is in the business of providing lending solutions from EZ.
Now, as a result in consideration of this agreement, it is mutually acknowledged, EZ and The Customer agree that all terms set forth and attached are incorporated herein are set forth in full and further agree as the terms.
2.0 TERM
The term of this agreement shall be perpetual.
3.0 DEALER’S ORGANIZATION, QUALIFICATION AND AUTHORITY
It is a (form of entity) organized, existing and in good standing under the laws of the State where your business is.
It is duly qualified or licensed and will continue to be duly qualified or licensed in each state in which it is doing business in.
4.0 Services
Customer shall be responsible for establishing and maintaining connectivity between Customer and EZ. EZ shall not be liable for customer’s failure to connect to the site for any reason.
If site becomes unavailable EZ will prorate customer monthly charge daily. Customer acknowledges and agrees that the site may become unavailable beyond EZ’s control and the customer hereby releases EZ of any liability as a result that the site is unavailable.
5.0 Representations and Warranties
Tgn De, LLC is a corporation duly organized, and in good standing under the laws of the State of De, with full corporate power to conduct any all business by this Agreement and it possesses all necessary authority, permits and power, to conduct its business.
The customer shall, at its own expense maintain and obtain all permits, licenses or approvals during and throughout the term of this agreement.
All agreements executed between the customer and the lenders and vendors shall be between those parties and shall hold EZ harmless of any and all claims.
6.00 Agreement to Not Engage in Unauthorized Transactions
A condition of EZ entering into this agreement and rendering
services hereunder, the customer agrees to keep this agreement
confidential and not to solicit business dealings with any lender or vendor that was listed on the EZ system for a period of one year from termination of this agreement.
Customer acknowledges and recognizes the highly competitive nature of EZ business and benefits that EZ has developed for customer, lender and vendor.
In the light of the foregoing, during the term of this agreement and a period of one (1) year after the date of termination of this agreement, the customer shall not, directly or indirectly, engage in any transactions with lenders introduced by EZ, involving the sale of retail installment contracts or the arranging of direct loans without the written consent of EZ and upon payment of one hundred dollars per funded loan, which customer authorizes the lender to withhold from its proceeds or a payment to be deducted via ach or check authorization whichever one is on file with EZ.
The customer recognizes and acknowledges that the restrictions and limitations set forth in this Agreement are legitimate and fair considering the nature of EZ’s business.
7.0 Confidentiality
For the purpose of this Agreement Confidential Information means all information in oral, written sample form or any other form related to the business of EZ or its affiliates, subsidiaries, consultants or any other agents including but not limited to pricing, services, business practices, marks, sales, procedures and propriety information and all other business practices regardless if such information is labeled confidential by either party.
8.0 Pricing
The price shall be a onetime signup/setup fee of $150.00, and a monthly recurring charge of $150.00. There is a 90 Day money back guarantee if no file is approved and the recurring fee waived if 5 contracts are funded in the prior month.
EZ reserves the right to offer signup promotions from time to time. These promotions will be for qualified new customer signups only.
Customer will have the ability to earn credits that may be applied towards customer’s monthly fee.
9.0 Notices
All notices to the customer shall be sent via email as given to EZ on their signup sheet and via fax to the customer.
All notices to EZ shall be sent via email at
[email protected] and via fax to 770-502-6510.
10.00 Termination
If customer commits, an act of fraud with any of our lenders or vendors, fails to maintain licenses, permits or approvals these are terms for immediate termination. Customer also recognizes and acknowledges in the act of fraud any funds that were forwarded to the dealer are due immediately back to the issuing party. If customer would like to cancel service a 99.00 administrative fee will be assessed, as will 99.00 per calendar month dealer was active, no month shall be prorated. The fee shall not exceed the original fee.
11.0 Release
The Customer acknowledges and agrees that the services provided by EZ, to the Customer requires, EZ to obtain certain information and data from third parties authorized by law to provide that information and data. Customer releases EZ from liability related to the third-party data and from loss or expense incurred by customer resulting directly or indirectly from any inaccuracy, lack of current or incompleteness, of the third party data and agrees not to bring suit or maintain any claim, cause of action, demand, cross action, counterclaim or third party action against EZ arising out of relating to any third party data.
12.0 Enforceability
If any part of this agreement is found non enforceable all other term and conditions remain enforceable.
13.0 Adverse Action
If a customer fails the pre screen, the dealership shall have the responsibility to give the adverse action letter(s) to the customer. EZ shall have no responsibility for adverse action letters.
This Dealer Agreement (to be known as the Agreement) is made today, by and between TGN De, LLCDBA EZ Dealer Finance, a DE Corporation, and the Dealer submitting this application.
