Next Day Mortgage Referral Terms
As a Next Day Mortgage referrer you agree to the following terms:
Each Referrer must, and is responsible for assuring that its employees,
agents and contractors, comply with these terms and conditions as well as
disagree with any change or modification, your only option is to discontinue
your participation the Program. Your continued use of the Program after
any change or modification means that you agree to the modified/changed
As used in these Terms: (i) “We”, “us”, or “our” refers to Next Day Mortgage
(“NDM”) and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our
website” refers to our properties located at www.NextDayMortgage.ca; (iv)
“your website” refers to any websites that you will link to our website; (v)
“Program” refers to our Referral Program.
To be eligible for the Program, you must be at least 18 years of age, submit
a Program application containing all the information requested, including
accurate and complete contact and payment information (and provide us
with future updates) and accept these Terms. After receiving your
application, we will review your website and notify you of your acceptance
or rejection into our Program. Please allow up to 48 hours for your
application to be reviewed. We reserve the right to reject any application;
however we encourage you to contact us if you feel we have made an
Your participating website(s) may not:
- 1. Infringe on NDM’s or any anyone else’s intellectual property, publicity, privacy or
- 2. Violate any law, rule or regulation.
- 3. Contain any content that is threatening, harassing, defamatory, obscene, harmful to
minors, or contains nudity, pornography or sexually explicit materials.
- 4. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other
computer programming routines that are intended to damage, interfere with,
surreptitiously intercept or expropriate any system, data, or personal information.
- 5. Contain software or use technology that attempts to intercept, divert or redirect
Internet traffic to or from any other website, or that potentially enables the diversion
of affiliate commissions from another website. This includes toolbars, browser plug-
ins, extensions and add-ons.
- 6. Display any information or images that would, in NDM’ sole discretion, harm its
reputation or business in any way.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you
through the affiliate interface. Your acceptance in our program means you
agree to and abide by the following.
- 1. You will only use linking code obtained from the affiliate interface without
- 2. All domains that use your affiliate link must be listed in your affiliate profile.
- 3. Your Website will not in any way copy, resemble, or mirror the look and feel of our
Website. You will also not use any means to create the impression that your Website
is our Website or any part of our Website including, without limitation, framing of our
Website in any manner.
- 4. You may not hold yourself out as an NDM agent, a mortgage agent (unless you are
lawfully licensed as such) or call yourself a “partner” of NDM, or use equivalent
- 5. You may not engage in cookie stuffing or include pop-ups, false or misleading links
on your website. In addition, wherever possible, you will not attempt to mask the
referring url information (i.e. the page from where the click is originating).
- 6. Using redirects to bounce a click off of a domain from which the click did not
originate in order to give the appearance that it came from that domain is prohibited.
If you are found redirecting links to hide or manipulate their original source,
your current and past commissions will be voided or your commission level
will be set to 0%. This does not include using “out” redirects from the same
domain where the affiliate link is placed.
In a case where two sources refer a client, we pay the first source only.
If you are enrolled in our Program and participate in PPC advertising, you
must adhere to our PPC guidelines as follows:
- 1. You may not bid on any of our trademarked terms or any variations or misspellings
thereof, for search or content based campaigns on Google, Bing, MSN, Yahoo,
Facebook, LinkedIn or any other online network, group or media source.
- 2. You may not use our trademarks in sequence with any other keyword (i.e.
- 3. You may not use our trademarks in your ad title, ad copy, display name or as the
- 4. You may not bid in any manner appearing higher than NextDayMortgage for any
search term in position 1-5 in any auction style pay-per-click advertising program.
If you automate your PPC campaigns, it is your responsibility to exclude
our trademarks from your program and we strongly suggest you add our
trademarks as negative keywords. We have a strict no tolerance policy on
PPC trademark bidding. You will forfeit all commissions for a minimum of
the past 30 days and your commission will be set to 0% without warning if
you engage in PPC trademark bidding that uses our trademarks.
Trademarks and trademarked terms: NextDayMortgae,
NextDayMortgage.ca, Next Day Mortgage.
Use of any of our trademarks as part of the domain or sub-domain for your
website is strictly prohibited i.e. NextDayMortgage.website.com or
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material that
makes reference to our Program without first submitting that material to us
and receiving our prior written consent. If you intend to promote our
Program via e-mail campaigns, you must adhere to all email best practices
and Spam-related laws including but not limited to the following:
- 1. You must abide by Canada’s anti-spam legislation (CASL) and the CAN-SPAM Act
- 2. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on
- 3. E-mails must first be submitted to us for approval prior to being sent
Promotion on Facebook, Twitter, Instagram, LinkedIn and other social
media platforms is permitted following these general guidelines:
- 1. You ARE allowed to promote offers to your own social media pages or groups you
manage; more specifically, you’re welcome to use your affiliate links on your own
Facebook, Twitter, etc. pages.
- 2. You ARE PROHIBITED from posting your affiliate links on our Facebook, Twitter,
Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
- 3. You ARE PROHIBITED from running ANY ads with our trademarks.
- 4. You ARE PROHIBITIED from creating a social media account that includes our
trademarks, or a derivation of, in the page name and/or username.
REVERSAL & COMMUNICATION POLICY
We take pride in our very low reversal rate, which we attribute to open
communication with our affiliates. However, we reserve the right to reverse
orders due to mortgage application cancellations, duplicate tracking,
disputed leads, and program violations as outlined in these terms and
Additionally, if we ask you for clarification or more information on any
referrals or clicks that we suspect may be in violation of our terms and
conditions, we expect that you will respond in a timely and honest manner.
Below are violations of our communications policy.
- 1. You are not forthcoming, intentionally vague or are found to be lying.
- 2. You are not responsive within a reasonable time period and after multiple attempts to
contact with information listed in your network profile.
- . You cannot substantiate or validate the source of your traffic to our program with
clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to reverse
orders, set your commission to 0% or suspend you from the program for
the period or orders in question. We know that many violations are a result
of automated processes; however it is incumbent upon each affiliate to
ensure that it has the appropriate checks and balances in place to pro-
actively address these issues and adhere to our program rules.
ADVERTISING PAYMENT STRUCTURE
To be eligible to earn a payment for referring NextDayMortgage, a
customer must click-through a tracking link or NextDayMortgage widget
from your site to our site, Complete a mortgage application on our site
during a session and submit that application before the session lapses. The
session ends upon one of the following events:
- six months elapse from the customer’s initial click-through, or
- the customer follows a third party’s tracking Link after clicking your tracking
- the customer deletes or resets their cookies.
Subject to any legal limitations, referrers will be paid promotion fees on
mortgages that NextDayMortgage receives lender compensation on, as
- 10% of NextDayMortgage’s Net Commission up to a maximum of $1,000.
All referrals and applications will be reviewed monthly for validity and may
be voided if the purchase or new user registration is fraudulent. If you are
found to be in violation at any time of our Program policies, any payment
due to you may be forfeited.
We retain all right, title, ownership, and interest in our intellectual property,
including any and all copyright, trademark, or other proprietary rights
therein. Nothing in these Terms shall be construed to grant you any right,
title or ownership in our intellectual property.
Any information that you are exposed to by virtue of your participation in
the Program, which information is not available to the general public, shall
be considered to be “Confidential Information.” You may not disclose any
Confidential Information to any person or entity, except where compelled by
law, unless you obtain our prior written consent for such disclosure. You
shall not use any Confidential Information except to the extent necessary to
fulfill the purposes of these Terms.
NextDayMortgage may, in its sole discretion, change, suspend or
discontinue any aspect of the Program (in whole or part), an offer or link or
remove, alter, or modify any tags, text, graphic or banner ad in connection
with a link. You agree to promptly implement any request from us to:
- remove, alter or modify any link, graphic or banner ad that is being used by you as
part of the Program
- remove any mention of our company from any website or marketing you have
- cease use of our trademark(s).
You hereby agree to indemnify, defend and hold harmless us and our
respective subsidiaries, affiliates, associates, partners, and licensors,
directors, officers, employees, owners and agents against any and all
claims, actions, demands, liabilities, losses, damages, judgments,
settlements, costs, and expenses (including reasonable attorneys’ fees and
costs) based on (i) any failure or breach of these Terms, including any
representation, warranty, covenant, restriction or obligation you made
herein, (ii) any misuse by you, or by a party under your reasonable control
or obtaining access through you, of the links, offers or our intellectual
property, or (iii) any claim related to your media, including but not limited to,
the content contained on such media (except for the Links).
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY
WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE
EXPRESS STATEMENTS IN THIS AGREEMENT, PROGRAM, LINKS,
PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT
ARE PROVIDED TO REFERRER “AS IS”. TO THE FULLEST EXTENT OF
THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR
TRADE. NEXT DAY MORTGAGE DOES NOT WARRANT THAT THE
PROGRAM OR LINKS WILL MEET REFERRER’S SPECIFIC
REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM,
TRACKING SYSTEM OR LINKS WILL BE COMPLETELY ERROR- FREE
OR UNINTERRUPTED. NEXT DAY MORTGAGE EXPRESSLY
DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT
OR THEIR PRODUCTS OR SERVICES. NEXT DAY MORTGAGE DOES
NOT GUARANTEE THAT REFERRER WILL EARN ANY SPECIFIC
AMOUNT OF COMMISSIONS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT SHALL WE BE
LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS,
PROGRAM SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR,
CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY,
DAMAGE OR DISRUPTION OF ANY KIND BEYOND OUR CONTROL. TO
THE FULLEST EXTENT OF THE LAW, IN NO EVENT WILL WE BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PERSONAL INJURY/WRONGFUL DEATH, SPECIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR
LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE
FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED
OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY TO
RERERRER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF
LIABILITY, WILL BE LIMITED TO THE AMOUNTS WE PAID TO YOU
DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
GOVERNING LAW & MISCELLANEOUS
These Terms are governed by and construed in accordance with the laws
of Ontario, Canada, without regard to its conflict of laws provisions. These
Terms contain the entire understanding between the parties with respect to
the subject matter hereof, and supersedes all prior and/or
contemporaneous agreements or understandings, written or oral. These
Terms are binding on, and inure to the benefit of, the parties’ legal
representatives, successors, and valid assigns. We shall not be subject to,
or bound by, any referral insertion order or online terms and conditions that
amend, conflict with or supplement these Terms, regardless of whether we
“click through” or otherwise indicates our acceptance thereof. You are
responsible for the payment of all attorney’s fees and expenses incurred by
us to enforce these Terms. You may not assign all or any part of these
Terms without our prior written consent and any attempted assignment
without our consent is void. We may freely assign these Terms. If any
provision of these Terms is held to be void, invalid or inoperative, the
remaining provisions of these Terms shall continue in effect and the invalid
portion of any provision shall be deemed modified to the least degree
necessary to remedy such invalidity while retaining the original intent of the
parties. Each party to these Terms is an independent contractor in relation
to the other party with respect to all matters arising under this Agreement.
Nothing herein shall be deemed to establish a partnership, joint venture,
association or employment relationship between the parties. Neither course
of dealing nor any delay in exercising any rights hereunder shall operate as
a waiver of any such rights. No waiver of any default or breach shall be
deemed a continuing waiver or a waiver of any other breach or default.