1. Customer Referral Agreement. Pursuant to the terms and conditions of this Agreement, the parties agree that Enova shall pay Cash America certain fees and commissions, as set forth in Section 5 of this Agreement, in consideration for Cash America referring individual customers or applicants (the “Customers”) to Enova using the following referral methods:
(a) Lead Referrals. Cash America shall have the right to create and maintain a hyperlink from any website owned and controlled by Cash America (“Cash America Website”) to an Enova Website to allow potential Customers to click-through to an Enova Website for the purpose of originating or arranging a consumer loan. 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 requirements of an Enova Website provided by Enova. Cash America and any person or entity under Cash America’s control shall comply at all times with the terms of use of Enova and any acceptable use policy of any third-party service provider 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. Cash America shall not, and shall not permit any person under Cash America’s control to 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 into an Enova Website any virus or other code or routine intended to damage or disrupt an Enova Website; use an Enova Website by means of “framing,” “deeplinking,” “robots,” “bots,” “spiders,” “datamining,” “scraping,” or any other similar automated method except as expressly permitted in this Agreement; or otherwise act in a fraudulent, malicious, or negligent manner when using an Enova Website. For the purposes of this Agreement, each customer provided to an Enova Website through a link on the Cash America Website to whom Enova subsequently originates or arranges a consumer loan that is ultimately funded to the consumer shall be referred to individually as a “Lead Referral” and collectively as the “Lead Referrals.”
(b) Coupon Referrals. Cash America shall also have the right to provide coupons to Customers for the purpose of advertising online consumer loans originated or arranged by Enova via an Enova Website and any such Customers that obtain a Loan through an Enova Website as a result of the foregoing are referred to herein individually as a “Coupon Referral” and collectively as the “Coupon Referrals.” The Customer coupons shall contain a unique code to be provided by Enova, which will identify the particular referring Cash America location. Subject to Enova’s right to approve any such marketing materials, as set forth below, the Customer coupon will be designed by Cash America to promote and market an Enova Website to Customers and prospective customers in the United States. Cash America shall make all decisions relating to the distribution and promotion of the Customer coupons.
2. Term. The term of this Agreement will begin as of the Effective Date and will continue thereafter for a period of two years (the “Term”). This Agreement shall automatically renew for additional one-year renewal terms following the expiration of the Term or any renewal thereof, unless a party hereto provides the other party hereto with written notification of its intention not to renew this Agreement at least 60 days prior to the end of the Term or any renewal term, as the case may be, or unless this Agreement is terminated in accordance with the provisions set forth in Section 7.
3. Representations and Warranties. Cash America represents and warrants to Enova that it has all licenses, permits, consents and approvals required to be obtained by it from any regulatory agency exercising its authority over Cash America in order for it to lawfully conduct its business, to perform its obligations hereunder and to receive the rights and benefits available to it hereunder except to the extent the failure to have any of the foregoing could not, singly or in the aggregate, reasonably be expected to have a material adverse effect on Cash America. Enova represents and warrants to Cash America that it has all licenses, permits, consents and approvals required to be obtained by it from any regulatory agency exercising its authority over Enova in order for it to lawfully conduct its business, to perform its obligations hereunder and to receive the rights and benefits available to it hereunder except to the extent the failure to have any of the foregoing could not, singly or in the aggregate, reasonably be expected to have a material adverse effect on Enova.