Legal Tradeline Agreement

LEGAL TRADELINE AGREEMENT

This Legal Tradeline Agreement ("Agreement") is entered into as of Effective Date: by and between Provider Name: , an entity of type Entity Type: Individual Corporation LLC Other with principal place of business at (hereinafter "Provider"), and Buyer Name: , an entity of type Entity Type: Individual Corporation LLC Other with principal place of business at (hereinafter "Buyer"). Provider and Buyer are each a "Party" and collectively the "Parties."

RECITALS

WHEREAS, Provider maintains one or more credit accounts that are eligible to have an authorized user added such that reporting of account activity to consumer reporting agencies may reflect on the Buyer's credit file; and

WHEREAS, Buyer desires to obtain the placement of a tradeline pursuant to the terms and conditions set forth in this Agreement and Provider is willing to provide such placement subject to the representations, warranties and covenants contained herein; and

WHEREAS, the Parties intend for this Agreement to set forth the full terms governing placement, reporting, payment, and related obligations.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:

1. DEFINITIONS

In addition to terms defined elsewhere in this Agreement, the following terms shall have the meanings set forth below:

"Tradeline" means the Provider account to which Buyer will be added as an authorized user and that is reported to consumer reporting agencies.

"Placement" means the act of adding Buyer as an authorized user or otherwise causing the Tradeline to be reflected on Buyer's credit report.

2. SERVICES

Provider shall use commercially reasonable efforts to place Buyer as an authorized user on the Tradeline(s) described in Schedule A. Provider's obligations are limited to requesting or effectuating Placement and monitoring whether the Tradeline is reported; Provider does not control whether or how consumer reporting agencies elect to include such Tradeline in Buyer's consumer file.

SCHEDULE A — ACCOUNT DETAILS

3. PURCHASE PRICE AND PAYMENT

Buyer shall pay Provider the Purchase Price in the amount of $ in consideration for Provider's performance of Placement services. Unless otherwise agreed in writing, payment is due as follows: . Failure to timely pay shall constitute a material breach and may result in suspension or cancellation of Placement.

Buyer authorizes Provider to accept payment by the method described herein: . All fees are non-refundable except as expressly provided in Section 6 (Refunds).

4. DELIVERY, REPORTING, AND ACTIVATION

Provider will request Placement with the creditor and will use commercially reasonable efforts to monitor reporting. Provider does not guarantee the timing or content of reporting by creditors or consumer reporting agencies. Buyer acknowledges that Placement may take up to days and that no specific credit score change is guaranteed.

5. REPRESENTATIONS AND WARRANTIES

Provider represents and warrants that: (a) Provider has the legal authority to request Placement for the Tradeline(s) specified in Schedule A; (b) to Provider's knowledge, the Tradeline(s) are not subject to pending litigation or foreclosure that would reasonably prevent Placement; and (c) Provider will perform services in a commercially reasonable manner consistent with industry practice.

Buyer represents and warrants that: (a) information provided to Provider is true, accurate and complete; (b) Buyer is not seeking Placement for an unlawful purpose; (c) Buyer will provide any information reasonably required by Provider to effect Placement, including name and identifying information; and (d) Buyer will not hold Provider responsible for third-party reporting decisions.

6. REFUNDS; CURE

If Provider fails to effect Placement within days following the Requested Placement Date absent Buyer's material breach, Buyer may notify Provider in writing and Provider shall have days to cure. If Provider does not cure, Buyer may be entitled to a refund of the portion of the Purchase Price attributable to the unperformed Placement as set forth herein: .

7. INDEMNIFICATION

Buyer shall indemnify, defend, and hold harmless Provider and its officers, directors, agents, and employees from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of Buyer's misuse of the Tradeline, fraudulent or unlawful activity by Buyer, or Buyer's breach of any representation, warranty or covenant under this Agreement.

8. LIMITATION OF LIABILITY

EXCEPT FOR LIABILITY ARISING FROM A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION; PROVIDER'S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY BUYER UNDER THIS AGREEMENT FOR THE SPECIFIC PLACEMENT GIVING RISE TO THE CLAIM.

9. CONFIDENTIALITY

Each Party shall keep confidential and shall not disclose the terms of this Agreement, the identity of tradelines placed on behalf of Buyer, or non-public information provided by the other Party except as required by law or to enforce this Agreement. Confidential information does not include information that is or becomes publicly available other than through a breach of this provision.

10. COMPLIANCE WITH LAW

Each Party shall comply with all applicable federal and state consumer credit laws, consumer reporting statutes, and regulations applicable to their performance under this Agreement. Buyer acknowledges that misuse of tradelines may violate applicable law and accepts sole responsibility for lawful use after Placement.

11. TERM AND TERMINATION

This Agreement commences on the Effective Date and continues until expiration of the Placement Duration unless earlier terminated in accordance with this Section. Either Party may terminate this Agreement upon material breach by the other Party if such breach is not cured within thirty (30) days of written notice specifying the breach.

12. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be delivered to the addresses set forth below or to such other address as either Party may designate by notice in accordance with this Section. Notices shall be deemed given when delivered personally, when sent by certified mail, or when sent by nationally recognized overnight courier.

13. ASSIGNMENT

Neither Party may assign or delegate its rights or obligations under this Agreement without the prior written consent of the other Party, except that Provider may assign this Agreement to an affiliate or in connection with a sale of substantially all its assets without Buyer's consent.

14. AMENDMENT; WAIVER

No amendment to this Agreement shall be effective unless in writing and signed by both Parties. No waiver of any provision shall be effective unless in writing and signed by the Party waiving compliance.

15. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of laws principles. The Parties submit to the exclusive jurisdiction and venue of the state and federal courts located in such state for any dispute arising out of this Agreement.

16. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, including any schedules and exhibits, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. A facsimile or electronic signature shall be deemed an original signature for all purposes.

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