3 0 obj (ii) all Referral Commissions applicable to all Coupon Referrals Cash America delivers to Enova through the date of termination until the earlier to occur of (x) the end of Enova’s customer relationship with such Customer as provided statutory rights relating to the advertising materials. processing software system and call center providing the means and/or facilities for processing prospective customer loan applications, originating or arranging consumer loans, as well as funding, servicing and collecting such loans (collectively For the purposes of A provision of this Agreement may be waived only by a writing signed by the party intended to be bound by the waiver. its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium, or other similar laws affecting creditors’ rights generally and general equity principles. make derivative works of an Enova Website; reverse engineer, reverse assemble, decompile or otherwise attempt to derive source code from an Enova Website; use or allow the use of an Enova Website in contravention of any applicable law; introduce Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity. Indemnification. provided by Enova to Cash America in writing with respect to an Enova Website in connection with its use of an Enova Website as set forth in this Agreement. Governing Law. the debt as represented by each of the Customer loan agreements. Enova agrees to pay Cash America the following fees and commissions in consideration of the customer Amendment. Cash America shall, at its own cost and expense, provide all Internet connections, equipment, operating systems, and software required for Cash America to use an Enova Website as set forth in this Agreement in accordance with the technical (b) Coupon Referrals. (ii) Cash America will consult with Enova in the development of any advertising artwork and promotional copy that A waiver once given is not to be construed as a waiver for any other matter or occasion. It can also be used when a company or individual wishes to refer clients for a fee. referrals as referenced in Section 1 of this Agreement: (a) Referral Fee. A referral agreement outlines how an affiliate is to be paid for forwarding business to a company. The Marketing Affiliate Program Agreement applies to your participation in our Marketing Affiliate Program (the “Affiliate Program”). stream such additional information and assistance as any party may reasonably require to carry out the terms of this Agreement. Any reference to an Article, Section, or Schedule in this Agreement shall refer to an Article or Section of, or Schedule to, this Agreement, unless the context otherwise however, that if there are any conflicting or inconsistent provisions in the Separation Agreement, the Separation Agreement shall control. (a) Either party may terminate this Agreement: (i) at any time upon written notice to the other party if the other party breaches this Agreement and fails to cure such breach within thirty 20. inspect Enova’s books and records relating in any manner to the terms, conditions and performance of this Agreement. to the extent such actions are necessary or appropriate to effectuate the provisions of this Agreement. Rather, this Agreement shall be construed as if not containing the particular invalid, illegal, or registrations, or authorizations that are or may be required by any federal, state, or local regulatory agency with authority over Enova for the origination or arrangement of consumer loans. equipment, materials, hardware, software designs, works of authorship, inventions and other items provided by such party in connection with this Agreement. (30) days after receipt of written notice of the breach; or (ii) for any reason upon thirty (30) days’ written notice to the other party. logo or name in connection with any advertising materials, or (b) issue a press release announcing the parties’ business relationship, without the prior, written consent of the other party as to the context and content of such materials or with, in whole or in part: (i) any negligent act or omission by, or any willful misconduct on the part of, the indemnifying party; or (ii) the indemnifying party’s failure to comply with any applicable federal, state, or local law or On or before the 15th business day of each month, Enova shall provide an electronic


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