This Addendum to the IOU Central Marketing Agreement (“Agreement”) between IOU Central Inc. (“IOU Central”) and Marketer is effective as of the date accepted by Marketer through IOU Central’s online “Click to Accept” process. For convenience, IOU Central and Marketer are sometimes referred to individually as “Party” or collectively as the “Parties.”
1. Authority for Addendum. Paragraph 8 of the Parties’ Agreement provides, in part, that: “IOU Central has the right, from time to time, to change the type or amount of Borrower Information it requires.” “Borrower Information” is defined in the Agreement to include “the information and documentation IOU Central reasonably requires in order to determine whether it will make a Loan to a borrower (‘Borrower Information.’).”
2. Marketer to Obtain Authorizations from Applicant and Guarantor(s). Marketer agrees to obtain, as part of the Borrower Information gathered from a Loan applicant, and Loan applicant’s Guarantor(s), the applicant’s and Guarantor(s)’ express written authorization permitting IOU Central to obtain credit report information on the business Loan applicant and consumer report information on the Guarantor(s). The authorization must be in a form substantially similar to the following:
Written authorization for Loan applicant:
IOU Central is authorized to obtain credit report information on [insert business name] for the purpose of evaluating its Loan application. If the Loan is approved, and the business Loan is made by IOU Central, IOU Central is authorized to obtain additional credit reports on the business from time to time for account review, collections or any other purpose until the Loan is paid in full.
Written authorization for Loan applicant’s Guarantor(s):
IOU Central is authorized to obtain my consumer report information for the purpose of evaluating me as a Guarantor of the business Loan application made by [insert business name]. If I am approved as a Guarantor, and the business Loan is made by IOU Central, then I also authorize IOU Central to obtain my consumer report information from time to time for account review, collections or any other purpose until the Loan is paid in full.
3. Marketer to Retain and Provide Signed Authorizations to IOU Central. Until such time as the Marketer releases the Loan file to IOU Central, Marketer agrees to retain the file information, including the signed authorizations described above. Marketer agrees to provide the signed authorizations (or copies thereof) to IOU Central upon its request.
4. Applicability of Marketer Indemnification to Authorization Requirement. Marketer acknowledges that IOU Central will rely upon Marketer’s representation that the above-described authorizations have been obtained when IOU Central requests credit reports for the Loan applicant or Loan applicant’s Guarantor(s). To the extent that the representation proves inaccurate, Marketer understands and agrees that Marketer’s indemnification of IOU Central as provided for in paragraph 20 of the Agreement will apply to any claims, damages, liabilities, expenses, costs and/or any action or proceeding arising directly or indirectly from IOU Central’s actions taken in reliance upon such representation.