Credit Score Doctors

AUTHORIZED USER LEASE AGREEMENT

This Authorized User Lease Agreement (“Agreement”) is made by and between Credit Score Doctor hereinafter referred to as “Broker”; and  , hereinafter referred to as “Lessee”.

FACTUAL RECITALS 1. In the United States, an individual’s credit history is commonly scored using an algorithm created and used by the Fair Isaac Corporation. This credit scoring system is used nationwide and is known as a “FICO score.” A FICO score can range from 300 to 850. Financial institutions commonly use a FICO score to determine if a person is an acceptable candidate for a loan or mortgage. Normally, a person with a high FICO score is presumed by most financial institutions to have a lower potential to default on a loan or mortgage. As such, a person with a high FICO score is more likely to receive a loan or mortgage from a financial institution.

  1. Broker has access to one or more undisclosed private individuals (“Cardholder”) who have been evaluated and received a FICO score based on the credit history of those private individuals. Each such Cardholder possesses a positive FICO credit score and has agreed to maintain a continually positive credit history on the accounts leased by Broker.
  2. Each Cardholder possesses one or more credit card accounts that have the capability to add “authorized user positions” to those accounts. Broker has contracted with each of these Cardholders to allow Broker to add Lessee as an authorized user to one or more of Cardholder’s credit card accounts, if Lessee meets all qualifying criteria and complies with all terms and conditions in this Agreement.
  3. Broker desires to lease one or more authorized user positions on these credit card accounts to Lessee for a definite period of time.
  4. Lessee desires to lease one or more authorized user positions through Broker on the credit card accounts of one or more Cardholders.
  5. Prior to services being rendered, Lessee agrees to provide Broker with a current and updated credit report showing Lessee’s entire credit history, as is represented by all three major credit reporting agencies. NOW, THEREFORE, in consideration of the mutual covenants, promises, representations, and warranties contained in this Agreement, the parties hereto agree as follows: A. RIGHTS, DUTIES AND OBLIGATIONS OF LESSEE
  1. Warranty of Credit Worthiness. Lessee warrants to Broker that Lessee has used due diligence best efforts to become credit worthy prior to

submitting a written request to Broker to add Lessee’s name as an authorized user on a credit card account accessible to Broker.

  1. Personally Identifiable Information. Lessee shall submit to Broker all necessary personally identifiable information of Lessee to permit Broker to

use its contractual relationships with one or more Cardholders so that they can attempt to add Lessee as an authorized user to one or more credit card accounts they own. At a minimum, the necessary personal information of Lessee shall include Lessee’s full legal name, verifiable social security number, street address, and telephone number. Lessee understands that Broker will submit Lessee’s personal information to a third-party verification system for the purpose of confirming the accuracy and legitimacy of that information, and by signing this Agreement Lessee authorizes the submission and verification attempt.

  1. Payment. Lessee shall pay Broker for each authorized user position Lessee leases from a Cardholder through Broker, contemporaneous with

Lessee’s submission of Lessee’s personal information to Broker. The total amount of the required payment and the authorized user positions Lessee wishes to lease are set forth on the attached Authorized User Lease Agreement Addendum (the “Addendum”). This payment shall be made to Broker’s bank account, via the Broker’s web site, or over the phone with the broker directly, through the use of the Authorize.net “Virtual Terminal” merchant credit card processing system via the Authorize.net web site. The payment shall be held in escrow by Broker until Broker receives confirmation that Lessee has been successfully added as an authorized user to the number of credit card accounts identified in the Addendum.

  1. Disputed Credit Card Transactions. Prior to the filing of a dispute against a credit card transaction used to pay for services with Broker, Lessee

agrees to make reasonable efforts to contact Broker for the purpose of resolving Lessee’s dispute. If Lessee fails to do so, or if Lessee, after contacting Broker, files an unsubstantiated and/or fraudulent credit card dispute, Lessee agrees to reimburse Broker for any service or penalty fees charged to Broker in connection with the dispute. In addition, Lessee shall be held liable for the maximum amount of damages allowable by law. If Lessee fails to reimburse Broker for any service or penalty fees, Lessee’s account will be reported to a collection agency. Furthermore, Broker reserves the right to report any and all unsubstantiated and/or fraudulent credit card disputes to law enforcement authorities and related financial agencies. a. A charge of the greater of $40 or 10% of the balance due shall be applied to any payment made and disputed by Lessee with Lessee’s credit card company. Interest accrues on any balance owed by Lessee to Lessor at the rate of 18% per annum, commencing on the date Lessee disputed the credit card payment with their credit card company, and continuing until reimbursement has been made.

  1. Confidentiality. Except as set forth in, or as needed to implement the terms of, this Agreement, all communications between Broker and Lessee,

whether verbal, written, or otherwise, shall be confidential. Lessee shall not, during the term of this Agreement or after the termination of this Agreement, disclose any communications between Broker and Lessee to any third party, except with Broker’s prior written consent. Furthermore, Lessee agrees to refrain from making any disparaging, slanderous, or defamatory statements, or any statement which can reasonably be construed as disparaging, slanderous, or defamatory, that may potentially result in harm to Broker’s or its representatives’ financial condition and/or reputation among the public at large. Violation of this provision shall constitute a material breach of this Agreement. This provision shall survive the termination of this agreement.

  1. Assumption of Risk. Lessee understands and assumes the inherent security risks involved with the provision, delivery or transfer of Lessee’s

confidential information to Broker, regardless of the form of transmission. Although Broker will attempt in good faith to safeguard and protect Lessee’s confidential and personally identifiable information, Broker cannot guarantee that this confidential information will not be stolen or accessed by an unauthorized third party. Accordingly, Lessee assumes all risk for any breach of confidentiality or security that may occur with respect to the sharing of Lessee’s confidential information with Broker. Lessee acknowledges and agrees that any actual damage it suffers as a result of Broker’s intentional or grossly negligent failure to safeguard and protect Lessee’s confidential information shall be subject to the Limitation of Liability provision set forth in section B.8 below.

  1. Duty to Disclose. Lessee is under a continuing duty to disclose to every potential grantor of credit at the time Lessee applies for credit from that

grantor that (i) Lessee has been added as an authorized user to one or more credit card accounts of one or more Cardholders; and (ii) Lessee is not a direct family member of the Cardholder(s). Lessee assumes all liability of any kind if Lessee fails to disclose the above information to a potential grantor of credit. Lessee shall indemnify, save, and hold Broker harmless from all claims or damages of any kind that may be asserted against Broker by a potential credit grantor of Lessee because of an alleged failure by Lessee to comply with this provision.

 

  1. RIGHTS, DUTIES AND OBLIGATIONS OF BROKER
  2. Addition of Authorized User.
  3. Upon receipt of Lessee’s personal information and the payment of the total lease fee set forth in the Addendum, Broker shall use its best efforts to have Lessee added to one or more credit card accounts as an authorized user by the Cardholder(s). Lessee acknowledges that Broker must transmit certain of Lessee’s personally identifiable information to Cardholder(s) for this purpose. Broker will use a secure, authorized web site or encrypted email to request that the Cardholder(s) add Lessee as an authorized user to one or more credit card accounts owned by Cardholder.
  4. If a Cardholder is able to add Lessee to one or more credit card accounts, then Broker shall retain the lease payment specified in the Addendum for each authorized user position to which Lessee has been successfully added and provide email notification to Lessee that Lessee has been successfully added to one or more credit card accounts as an authorized user. c. If the Cardholder is unable to add Lessee as an authorized user, Broker retains the right, in its discretion, to provide Lessee with access to an

alternate credit card having age and/or credit limit characteristics that are substantially similar to the original card. If Broker is unable to do so, Broker shall return the lease payment to Lessee. d. Should the credit card fail to report to the credit bureaus in the way anticipated by the Broker, Broker retains the right, in its discretion, to

replace the originally leased credit card with an alternate credit card having age and/or credit limit characteristics that are substantially similar. e. In the event that the Cardholder’s account(s) on which Lessee is an authorized user reports to one or more of the three major credit bureaus as either closed or terminated, the parties acknowledge that each credit bureau determines whether the payment history for that closed or terminated credit card account will continue to be calculated into Lessee’s credit score. If the credit limit for a closed or terminated credit card is not calculated into the score, it may reduce the benefit that a closed or terminated credit card has to the utilization ratio variable in the credit scoring model. If a credit card reports as closed or terminated prior to the expiration of the lease term, and if Lessee informs the Broker of such an event prior to the expiration of the lease term, the Broker retains the right, in its discretion, to replace the originally leased credit card for the balance of the lease term with an alternate credit card having age and/or credit limit characteristics that are substantially similar. f. Broker requires that Cardholders agree that they will not create or maintain a balance on the credit card(s) to which Lessee is added as an authorized user that exceeds 20% of the credit limit. By signing this Agreement Lessee acknowledges and agrees that a balance may exist on the credit card account(s) to which Lessee is added as an authorized user.

  1. Transmittal of Written Verification. If a Cardholder is able to successfully add Lessee as an authorized user to one or more credit card accounts,

then Broker will send written verification of this addition to Lessee. This written verification will be made either by email or first class mail; postage prepaid, and is typically sent within seven (7) calendar days of Broker’s receipt of notice from the Cardholder that Lessee has been added as an authorized user.

  1. Sharing of the Personal Information of Lessee. “Personally identifiable information” includes, but is not limited to: the personal name, social security number, email address if any, street address, and telephone number if any, of Lessee; or, any other information or characteristics that could be used to identify Lessee. Broker shall not distribute, sell, or otherwise transfer to any third party (besides the Cardholder(s)) the personal information of Lessee without the prior written consent of Lessee. Broker shall not use the personal information of Lessee in any way except as authorized by this Agreement. Broker shall not retain the personal information of Lessee in any files or other recording medium of any kind for more than 90 days following the termination of this Agreement unless Lessee elects to extend or renew the lease term. Disclosure of the personal information of Lessee by Broker in violation of this provision constitutes a material breach of this agreement and is just cause for termination.
  2. Refund. In addition to the refund authorized by B.1.c. of this Agreement, Broker shall refund to Lessee all monies it has received from Lessee if Broker receives verifiable written documentation from Lessee, as well as a legible copy of the Lessee’s valid Social Security card containing the same Social Security Number submitted by Lessee through Lessee’s secure web site, that the addition of Lessee as an authorized user on one or more credit card accounts does not appear on at least one (1) of Lessee’s three (3) credit reports within sixty (60) calendar days following the first expected reporting date of that credit card account to the credit bureaus. a. Refunds will not be made if Lessee is unable to prove the validity of a Social Security Administration issued Social Security Number, and no refunds will be made except as set forth in this provision, subject to Sections 5 and 6 (below) of this Agreement b. In order to qualify for a refund of any kind, the Lessee must provide Broker with a current copy of all three credit reports at the time that notification is made informing Broker that the tradeline did not appear on at least one (1) of Lessee’s three (3) credit reports.
  3. Termination for Cause.
  4. If Broker becomes aware that Lessee has defaulted on a loan or mortgage agreement of any kind during the term of this Agreement,

then Broker shall have the right to immediately terminate all authorized user positions of Lessee without prior oral or written notice to Lessee. b. The use of illegitimate, fraudulent or unauthorized information to obtain credit services is immoral and possibly illegal. This includes, but is not limited to, Lessee’s submission of an alternate Social Security Number, CPN, EIN or other similar information that is false, fraudulent or unauthorized. Broker shall have the right to immediately and without prior oral or written notice terminate this Agreement and all services upon discovery of any such use or submission by Lessee. c. No refund of any kind shall be made to Lessee for any monies paid by Lessee to Broker in the event of termination pursuant to this section.

  1. Termination for Convenience. Broker may terminate this Agreement for its convenience upon seven (3) calendar days advance written notice to

Lessee. This Agreement and all authorized user positions of Lessee then in effect shall terminate as of the date specified in the “Written Notice of Termination for Convenience.” Broker will refund a pro rata share of the lease payment made by Lessee.

  1. No Representation, Warranty, or Guarantee. BROKER DOES NOT EXPRESSLY OR BY IMPLICATION REPRESENT, WARRANT OR

GUARANTEE TO LESSEE THAT (1) THE ADDITION OF LESSEE AS AN AUTHORIZED USER ON ONE OR MORE CREDIT

CARD ACCOUNTS WILL RESULT IN AN IMPROVED FICO CREDIT SCORE FOR LESSEE, OR (2) LESSEE WILL EITHER BE APPROVED BY OR RECEIVE ANY SPECIFIC TERMS FROM A FUTURE CREDIT GRANTOR. THE POSITIVE BENEFITS OF BEING ADDED AS AN AUTHORIZED USER CAN BE OFFSET BY FAILING TO HONOR THE TERMS OF OTHER CREDIT RELATIONSHIPS YOU NOW HAVE, SO IT IS IMPERATIVE THAT YOU FULFILL ALL SUCH TERMS AND REFRAIN FROM TAKING OTHER ACTION THAT CAN NEGATIVELY AFFECT YOUR CREDIT STANDING.

  1. Limitation of Liability. The liability of Broker for any type of alleged damage claimed by Lessee because of an alleged material breach of this

Agreement or any other action or omission by Broker, whether in contract, tort or otherwise, shall be limited to the lease amount paid by Lessee to Broker under this Agreement.

  1. LEASE TERM
  2. Term of Agreement. This Agreement shall become effective upon Broker’s receipt of the Agreement signed by Lessee and shall remain in effect, unless terminated earlier, until the end of the lease term described in C.2 below. This Agreement may be renewed or extended only with the prior written and mutual consent of both parties to this Agreement.
  3. Authorized User Position Lease Term. Unless renewed or extended by mutual agreement of the parties in accordance with the terms of this

Agreement, the lease term for any authorized user position shall expire sixty (120) calendar days from the date that Lessee was successfully added as an authorized user. As a modification of this agreement for Jeffrey and Cozette Gatlin it has been agreed to leave the addition until their project has been completed unless there are other reasons project cannot be completed, or if the process goes longer than 1 year.

  1. ADDITIONAL TERMS
  2. Authority to Act. Each party warrants to the other party that the party possesses actual, legal authority to enter into this Agreement. Broker

warrants to Lessee that Broker has taken all actions required by its procedures, by-laws, and/or applicable implementing laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement on its behalf.

  1. Assignment. Lessee shall not assign any rights of Lessee nor delegate any duties of Lessee under this Agreement without the prior written

consent of Broker.

  1. Binding Effect. Except as otherwise provided for herein, this Agreement shall inure to the benefit of, and be binding upon, the parties hereto and

their respective successors and permitted assigns.

  1. Force Majeure. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing

hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

  1. Modification and Amendment. No modification of this Agreement shall be effective unless that modification is agreed to by both parties in

writing. Any such written modification shall become an amendment to this Agreement and shall become effective as of the date set forth in that written amendment.

  1. Representatives and Notice. For the purpose of this Agreement, the individuals identified below are hereby designated as representatives of the

respective parties to this Agreement for notice purposes.

All notices that are required or permitted to be given by the parties hereunder may be made by: electronic mail; hand delivery; by first class mail, postage prepaid; or, by certified mail, return receipt requested, to the individuals identified above at the addresses set forth above. Either party may from time to time designate in writing substitute persons or addresses to which such notices shall be sent.

  1. Severability. If any provision hereof is invalid or unenforceable, then, to the fullest extent permitted by law, the other provisions hereof shall remain in full force and effect and there shall be deemed substituted for the provision at issue a valid, legal, and enforceable provision as similar as possible to the provision at issue in order to carry out the intentions of the parties hereto as nearly as may be possible.
  2. Waiver. The failure by any of the parties to enforce at any time, or for any period of time, any one or more of the terms or conditions of this Agreement, or a course of dealing between the parties, shall not be a waiver of such terms or conditions or of such party’s right thereafter to enforce each and every term and condition of this Agreement.
  3. Venue and Jury Trial Waiver. The exclusive venue for any action related to disputes arising out of the making, performance or breach of this

Agreement shall be the state courts located within the City and County of Arlington, TX. THE PARTIES EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT ANY CLAIM OR ACTION ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT IS ASSERTED OR COMMENCED IN ANY COURT

  1. Choice of Law. This Agreement shall be interpreted in accordance with the laws, rules, and regulations of the state of Colorado without regard to

its conflicts of law principles.

  1. Entire Agreement and Integration Clause. This Agreement integrates the whole of all agreements and understandings of any sort or character

between the parties concerning the subject matter of the Agreement and any other dealings between the parties and supersedes all prior negotiations, discussions, or agreements of any sort whatsoever, whether oral or written, relating to the subject matter of this Agreement. There are no representations, agreements, or inducements, except as set forth expressly and specifically in this Agreement. There are no unwritten, oral, or verbal understandings, agreements, or representations of any sort whatsoever.

NOTICE YOU, THE LESSEE, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD WORKING DAY AFTER THE DATE YOU SIGN THIS AGREEMENT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

AUTHORIZED USER LEASE AGREEMENT ADDENDUM

Pursuant to the terms and conditions of the accompanying Authorized User Lease Agreement, Lessee agrees to lease the following authorized user position(s) at the referenced amounts for each lease term:

Authorized User Position Lease Amount

2 Tradelines - 5K-10K Each Line.  Each line 4-6 years

The parties agree that the lease of the authorized user position(s) is governed in all respects by the Authorized User Lease Agreement

LESSEE:

Name:

Date:

 

 

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Signature Certificate
Document name: Student Builder
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Timestamp Audit
November 14, 2022 4:18 PM GMTStudent Builder Uploaded by Chad Atkins - chad@capitalbull.com IP 99.7.41.26