Terms and Conditions

Mckenzie Adams – Client Agreement Tradeline Consulting / Lease Agreement

A copy of this contract will be emailed to you upon completion.

(Note: If you are ordering tradelines for anyone other than yourself, scroll down to the Broker Agreement as that will be applicable to you)

PARTIES. This agreement is intended to be a binding contract by and between Mckenzie Adams INC d/b/a Mckenzie Adams (hereinafter “MAI”) and the undersigned client (hereinafter “Client”). By signing this agreement, Client certifies that he/she is at least 18 years of age, that the information he/she has provided to MAI is true and complete, that he/she is legally authorized to enter into this agreement and authorize the actions of MAI as set forth herein, and that he/she will not use any of the services of MAI or any information provided by MAI for any unlawful purpose.
DEFINITION OF TRADELINE. The term “tradeline” technically refers to the line-item for a credit account on a credit bureau report. As used throughout this agreement, however, the term refers more generally to a line of revolving credit, such as a credit card, which forms the basis of the credit bureau report tradeline. The act of adding a Client to another person’s tradeline consists of adding Client as an “Authorized User” on that person’s line of credit, resulting in the tradeline also appearing on Client’s credit bureau report.
SERVICES PROVIDED:

A. TRADELINES. MAI agrees to identify one or more tradelines on behalf of Client and perform all functions necessary to have Client added to those tradelines as an “Authorized User” on or before the date of the first billing statement following the date of this agreement for each tradeline. All tradelines are tracked to appear within 60 days of the statement date for the tradeline given both the payment has been made and the order form successfully placed. Every tradeline has a different statement date so each tradeline posting timeframe can vary slightly. It is understood and agreed by both parties that Client will maintain “Authorized User” status on those tradelines for two billing cycles. Two billing cycles is approximately 60 days. After two billing cycles, the client will be removed from the tradelines. If you would like to extend your tradeline lease, please let us know by within 35 days of your purchase to renew or extend your lease. Tradelines can be extended for an additional fee. The parties further understand and agree that Client will only be added to tradelines with the full advance knowledge, consent and participation of the primary account holder of the account to which that tradeline pertains. The client also understands that there is consulting work being done throughout this process and that fees charged for such purpose will be nonrefundable after the initial 5 day cancellation period window. Sometimes, for a variety of reasons, the Tradeline does not report on the first billing statement following the date of the agreement. In such cases, Client understands that the Tradeline will report on the next (second) billing cycle following the date of this agreement. For purposes of this contract, the second billing cycle is an estimated 60 days from the date of the statement date of the tradeline that was ordered or replaced. Each tradeline has a different statement date. If the Tradeline does not report on the second billing cycle, MAI agrees to provide a replacement tradeline of greater or equal quality at no additional cost to Client. If the replacement line does not report for whatever reason, then a refund or store credit will be issued (whichever the client prefers).

TRADELINE POSTING TIMEFRAME: Once the payment is made and the order is fulfilled, a confirmation email with the estimated tradeline posting timeframe is emailed to the client from INFO@MCKENZIEADASMS.NET Because the statement date for every tradeline is different, this posting window can vary for each tradeline so we provide the detailed information as soon as the order is fulfilled. This instructional email also encompasses any additional information that may be needed in order for the client to help ensure the tradeline posting goes as smooth as possible. It is MAI’s goal to ensure this confirmation email is sent out within one week of receiving BOTH the order form (given the order form is filled out correctly and ID is provided and legible) AND payment has been received. When a client fails to fill out an order form, and/or attach a legible ID to an order form, or fills out the order form incorrectly, and or takes several days to make payment, that will directly correlate with the client delaying the processing of their order therefore delaying the processing of the confirmation email. The client agrees to take full responsibility for their delays in order processing under these circumstances.

TRADELINE LEASE EXTENSION: Tradelines are not permanent. You have the option, for a fee, to extend the tradeline for 30-180 days for the first 35 days following your initial purchase. After 35 business days, if we have not received an extension request then we will ask our cardholder to remove you from the tradeline after two billing cycles have passed. Removed tradelines will show up very similar to “closed” status or “terminated authorized user relationship” status on your credit report.

CREDIT BUREAU REPORTING: MAI guarantees the tradeline posting on at least 1 of the 3 credit bureaus. MAI does not have any control whatsoever of the tradeline reporting to the credit bureaus and does not guarantee posting to more than one credit bureau. The MAI Client Services Division will assist you in making sure that your lines post accordingly on whichever credit bureaus they are going to report to.

FRAUD ALERTS: If you have a Fraud Alert on credit report, you MUST remove it in order for your tradeline to report properly. ANY AND ALL FRAUD ALERTS MUST BE REMOVED BY YOU. If you do not, you will run into posting issues that we will not accommodate for. In order to remove a Fraud Alert, you must call each credit bureau and remove it. You are welcome to put the fraud alert back on your file once your tradeline posting is complete.

HARD INQUIRY: Some tradelines lines do not post automatically so we need to merge the tradeline address onto your credit report and by doing this it will make the tradeline report to your credit file. This will result in a credit inquiry to your file. It is the only way to get most tradelines to post. Do not be alarmed, this is just an address merge to your credit file. Client authorizes this per the Authorization clause enclosed.

B. ELITE BROKER MEMBERSHIPS: The 50% Elite Broker membership is a one-time fee that results in 50% off discounts for retail priced single tradelines, and retail priced tradeline packages. This 50% off discount does not apply to all products the company may sell; it only applies to the tradelines and tradeline packages. Elite Brokers are entitled to other discounts on other products throughout the year as they become available and are approved by MAI. The 50% Elite Broker membership also comes with marketing material [consisting of email swipe files, text marketing content, instructions on how to build an email list from scratch and 12 helpful videos on sales and marketing.] This marketing material is delivered by email from BROKERS@MCKENZIEADAMS.NET and the subject line is “Welcome to the Elite Broker Program.” This email is delivered within 3 business days or less once payment is received. As for the 50% discount on retail priced tradelines, that is effective immediately after payment has cleared with MAI. This membership cannot be stacked with any other coupons or discounts that we run through the course of the year. The 50% off will precede/override any other discounts we offer on the tradeline purchases. For example, if MAI runs a sale on a tradeline, the broker’s discount is 50% off of the retail price, not on top of the sale price. The Elite 50% membership can be revoked by the company at any time in the event the client is sharing their discount code or discount with any other company, client, or individual. This elite 50% membership will only remain in effect as long as MAI is in business.

OTHER BROKER MEMBERSHIPS: MAI has additional discount memberships in the amount of 20% off and 30% off for a one time fee. All of the same rules as the Elite Broker Membership apply to these discount memberships with the exception of the marketing material. The marketing material is EXCLUDED from these memberships unless a client upgrades into a 50% off membership should the company approve spacing eligibility. Discounts cannot be stacked on top of other discounts, and discounts apply to retail pricing of tradelines and tradeline packages only. The exact percent off does not apply to any other product the company may have available unless MAI provides a discount for any other product exclusive to qualified brokers. The discount program can not to be shared with other any other person or company or the company has the right to cancel membership immediately. The 20% off and 30% off discounts will only remain in effect as long as MAI is in business.

FEES. Client agrees to pay, and MAI agrees to accept as compensation, the fee specified in the “Order” clause below. The fee is listed on the client order form and the client is assigned an order number in which is provided to the client by email once the client places their order on our website. Fees are not earned by MAI until service is complete and that fees paid in advance by client shall be held in escrow. Client agrees that any partial fee payments made to MAI will turn into a store credit in the event Client fails to pay the remainder of the fee and fails to cancel within the 5 day window of placing the order. Client further understands and agrees that after one year from the date of this agreement, any partial fees paid by Client shall be forfeited to MAI. Client further agrees that in the event any method of payment is returned or declined for any reason, MAI may remove that Client from any tradeline to which that Client has been added until such time as that payment has been replaced with good funds.
FAILURE TO PERFORM. The parties agree that if MAI is unable to identify all of the tradelines contemplated by this agreement, that MAI shall replace the tradelines with equal or greater value tradelines without notice to the client. Due to client’s lack of responsiveness, that is why clients are not notified. It is MAI’s goal to fulfill the order as soon as possible rather than delay the order further by waiting for a client to respond. Should replacement tradelines not post, a refund will be provided or a store credit will be issued (the client may choose which option works best).
PROOF OF NON-PERFORMANCE. Client agrees to follow the correct protocol of placing a Support Ticket on the company website at www.mckenzieadams.net where it is clearly noted “SUPPORT TICKET” to notify MAI of any tradeline non-posting concerns. Tradelines are NOT PERMANENT. After the 21st business day after the statement closing date, if the line has not posted, please submit a Support Ticket to inform us. We will investigate. If you don’t submit a ticket, then we DON’T KNOW ABOUT IT. The client shall not text or email their sales consultant or any other members of the company with any tradeline posting issues. MAI has a dedicated Client Support Division to handle all customer questions about existing tradeline orders. The parties agree that in the event Client has not been timely added to the specified tradeline(s) in accordance with the “Services Provided” clause above, MAI shall have the sole and exclusive option of either adding the Client to a different tradeline of equal or greater quality, or applying a store credit within thirty (30) days of the date it receives written proof from the Client of MAI’s non-performance, provided such written proof is submitted by Client with a Support Ticket to the Client Services Division within 21 business days of the date by which Client should have been added to the specified tradeline as set forth in the “Services Provided” clause above. It is understood and agreed that such written proof must be in the form of a credit report generated by either creditchecktotal.com or Equifax Complete Advantage Plan, and that no other document or other form of proof shall be valid or binding upon MAI. It is further understood and agreed that MAI shall not be bound or obligated to issue a refund, store credit, or to perform any other act, or to refrain from performing any other act, if the proof submitted by Client varies in any way from that specified above, is transmitted by any means other than Support Ticket as specified above, or is received after the twenty-first (21st) day as specified above, all in strict compliance herewith. If you, the client, have not placed a Support Ticket, MAI will assume that the line has posted and the transaction has successfully completed.

It is the client’s responsibility to open their own credit monitoring service. It is not MAI’s responsibility to open credit monitoring services for client’s. We highly recommend Credit Check Total because it provides quicker updates, more accurate information, and sends alerts in real time that the free services do not send. Note that we do not accept Credit Karma or any free credit monitoring site as proof of non-posting. This is industry standard.

AUTHORIZATION. Client hereby grants to MAI full authority to use his/her information for the sole purpose of adding him/her to the selected tradeline, as well as for any other purpose necessary to accomplish the goals of this agreement. In furtherance thereof, Client authorizes MAI to perform any and all acts necessary to accomplish the goals of this agreement, and agrees to execute any and all documents necessary to facilitate MAI’s performance hereunder, including but not limited to any power of attorney or letter of authorization. Client authorizes MAI to sign and or electronically sign any and all documents pertaining to adding tradelines on your behalf. Client further agrees that MAI will exercise its sole discretion in choosing the specific tradeline to which Client will be added, provided that any tradeline chosen by MAI will have no delinquent payments or other negative indicators, will have “Pays As Agreed” status, and will maintain “Pays As Agreed” status with no delinquent payments or other negative indicators for the duration of time during which Client is listed as an “Authorized User” thereon. MAI will process client onto the tradeline as selected on the order form unless the tradeline becomes unavailable due to a situation like an account closure or card being removed from inventory by a cardholder. In the event the tradeline(s) are not available, MAI shall replace the tradeline(s) as indicated in the Tradelines Services Provided clause.
USE OF PERSONAL INFORMATION. Client agrees to provide to MAI any and all personal information necessary to allow MAI to add that Client to the specified tradeline, and MAI agrees that it will use any personal information received from Client solely for that purpose. MAI will not use that information for any other purpose, nor will it sell or release that information to any third party, nor will it allow any third party to access that information, except to the extent necessary to accomplish the goals of this agreement.

A. SUBMITTING ORDER FORMS: Client must complete the MAI required tradeline order forms for an order to be processed. Client’s may not use their own order forms in place of MAI’s. Client’s must complete their own tradeline order forms through their own computers meaning MAI employees are NOT permitted to complete order forms on client’s behalf. If a client makes this request, it will be denied. MAI has made the order process electronic and as easy as possible.

B. ACCURACY OF ORDER FORMS: You as the client are responsible for the accuracy of the information you submit to us. Being one digit off on a SSN or date of birth, or spelling a name incorrectly will cause a tradeline not to post properly. We DO NOT replace lines when you submit inaccurate information so please double check your info. If you submit incorrect or inaccurate information, you would need to re-purchase the line again if the order was already processed.

USE OF FALSE OR UNAUTHORIZED INFORMATION. Client agrees that he/she shall not use, provide, or submit to MAI, any alternate Social Security Number (SSN), Credit Protection Number (CPN), Employer Identification Number (EIN), Taxpayer Identification Number (TIN), or other similar information that is false, fraudulent, illegal or unauthorized. Upon the discovery of such false, fraudulent, illegal or unauthorized information, MAI shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (i.e., remove the Client from any tradelines to which he/she has been added by MAI). Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to MAI shall not be refunded to Client but shall be retained by MAI and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that MAI’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that MAI does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity.
ASSUMPTION OF RISK. Client understands and agrees that there exists an inherent risk in providing his/her personal information to MAI, and in MAI in turn providing that personal information to third parties on Client’s behalf. Client therefore agrees to assume all risk for any breach of confidentiality or security that may occur relative thereto. Client further understands and agrees that any damages, actual or otherwise, that he/she may incur as a result thereof shall be subject to the limitations on liability as set forth in the Limited Liability clause of this agreement.
RELEASE. Client agrees to permanently and irrevocably release MAI and all of its directors, officers, employees, agents, stockholders, representatives, contractors and affiliates from any and all claims, demands, damages and liability of any kind arising from his/her use of the products and services offered and delivered by MAI, including but not limited to any actual, consequential, statutory, nominal, punitive, regulatory and other damages of any kind.
RIGHT TO CALL, TEXT AND REMARKET CUSTOMER. Client agrees that MAI may call, text and remarket to customer via email, text, phone call, or direct mail. Client may opt-out at any time by letting MAI know in writing.
CONSENT TO RECORD AND MONITOR CALLS. Client agrees that MAI may record calls for quality and training purposes.
INDEMNIFICATION. Client shall fully indemnify, hold harmless and defend MAI and its directors, officers, employees, agents, stockholders, representatives and affiliates from and against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses including but not limited to attorney’s fees and costs, whether or not a third party claim, which arise out of, result from, or in any way relate to any breach of this agreement or of any legal duty owed to MAI, any misrepresentation made to MAI, or the provision of any false, fraudulent, illegal or unauthorized information to MAI, in each case without regard to any alleged negligence of either party to this agreement or any other third party, and without regard to whether such claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses have merit.
DISCLAIMER. Client understands and agrees that any and all products and services offered by MAI are intended to comply with all municipal, state and federal laws, statutes, ordinances, rules and regulations of every kind, and that MAI does not condone the use of its products and services for any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind. Client agrees that any products and services he/she receives from MAI will be used only for lawful purposes, and that any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind including threats or harassment to MAI or its employees shall constitute an immediate material breach of this agreement, and that in any such event MAI shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the Client from any tradelines to which he/she has been added by MAI. Client agrees that in that event, any and all fees, costs and other money and funds of any kind paid to MAI shall not be refunded to Client, but shall be retained by MAI and considered to be liquidated damages for Client’s breach of this agreement. It is further understood and agreed that MAI’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that MAI does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity. Client further understands and agrees that MAI reserves the absolute right to cooperate fully with any investigation that may be conducted by any municipal, state, federal or other law enforcement or governmental regulatory agency, and to comply with any subpoena or other order issued by any court of competent jurisdiction or other governmental regulatory agency. Client further agrees to indemnify MAI for any fines or other penalties of any kind that MAI may incur as a result of Client’s failure or refusal to cooperate with any such investigation.
ABSENCE OF GUARANTEE. Client understands and agrees that MAI cannot, and does not, make any predictions, promises, guarantees, warranties or assurances of any kind with regard to the result or effect of its services on Client’s credit score or other indicia of credit worthiness. Any expressions, statements, or representations of any kind made by MAI or its directors, officers, employees, agents, stockholders, representatives and affiliates merely reflect its/his/her best professional opinion given in good faith, and are not to be construed as predictions, promises, guarantees, warranties or assurances. Moreover, it is expressly understood and agreed that MAI may present this agreement as a defense to any such claim of prediction, promise, guarantee, warranty or assurance made by Client.
LIMITATION OF LIABILITY. Client agrees that any liability on the part of MAI for any damage of any kind that may result from any alleged breach of any part of this agreement or any other act or omission alleged on the part of MAI, whether in contract, tort or otherwise, shall be limited to the amount of any fees actually paid by Client to MAI under this agreement. Client further agrees that MAI shall not be liable for the acts or omissions of any third party, without regard to whether that third party claims to be, or is in fact, acting on behalf of, at the direction of, or pursuant to any instructions or information provided by MAI.
LIMITATION OF ACTIONS. Client agrees that no action, proceeding or litigation arising out of, with respect to, or in any way related to this agreement may be brought against MAI more than six (6) months after the first date upon which the basis of that action could have reasonably been discovered through the exercise of due diligence.
ARBITRATION OF DISPUTE: In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Duval County, Florida in accordance with the Laws of the State of Florida or agreements to be made in and to be performed in Florida.

The parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its rules and procedures and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement.

The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding.

The parties shall share the cost of arbitration (not including attorneys’ fees) equally, however the arbitrator shall have discretion to order that the successful party in arbitration should be reimbursed for attorneys’ fees from the losing party, as part of the award.

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.

CHOICE OF LAW AND FORUM. The parties may, by mutual written consent, agree to opt-out of arbitration and proceed with suit in a court of law. However such action shall be initiated in Duval County, Florida and decided in accord with the laws of the State of Florida.
ATTORNEY’S FEES AND COSTS. The parties agree that if any action, proceeding or litigation is brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, the non-prevailing party will pay any and all attorney’s fees, costs and expenses incurred by the prevailing party in prosecuting or defending that action.
NON-WAIVER. It is understood and agreed that a waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this agreement be construed as a continuing waiver of other breaches of the same or other provisions of this agreement. Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder, nor course of dealing between the parties, shall operate as a waiver thereof or of the exercise of any other right, remedy, power or privilege.
SEVERABILITY. It is understood and agreed that if any part of this agreement is deemed to be invalid or unenforceable for any reason, the remainder of this agreement shall be severed from that part and shall continue in full force and effect.
ENTIRE AGREEMENT. It is understood and agreed that this document sets forth the entire agreement and understanding of the parties, and supersedes all other verbal or written agreements made prior to or concurrent with this agreement.
TRADELINE ORDER. Client authorizes and directs MAI to identify and add him/her to the applicable tradelines selected.
MODIFICATION. It is understood and agreed that no modifications of this agreement shall be binding on either party unless reduced to writing and signed by both parties.
OTHER SERVICES SPECIFIED IN ORDER FORM. Client further authorizes and directs MAI to perform such and as many of the other services specified in the Client’s order form.
COMPLIANCE WITH FLORIDA CREDIT REPAIR ORGANIZATIONS ACT. MAI hereby represents that it is exempt from the mandates of Fla. Gen. Statutes § 817.7005(1) as it has obtained a surety bond and established a trust account as required by law. By signing and acknowledging below, the Client admits that it has been furnished with a copy of the information statement required by Fla. Gen. Statutes § 817.702-704.

EACH CLIENT WHO ORDERS FROM MAI ELECTRONICALLY SIGNS THAT THEY CERTIFY THAT THEY HAVE READ THE FOREGOING AND THAT THEY UNDERSTAND AND AGREE WITH EACH OF THE TERMS SET FORTH ABOVE AND ENCLOSED.

YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE 5TH DAY AFTER THE DATE OF THE TRANSACTION. SEE THE ENCLOSED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

______________________________________________________________________________________________

NOTICE OF CLIENT’S RIGHT TO CANCEL:

NOTICE OF CANCELLATION: You may cancel this contract, without any penalty or obligation, within 5 days from the date the contract is signed. If you cancel any payment made by you under this contract, it will be returned within 10 days following receipt by the credit service organization of your cancellation notice.

To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice to:

Mckenzie Adams
7710 Balboa Ave Ste 313
San Diego, CA, 92111, United States

I hereby, as of this ________ (day) of _________ (month), ________(year) cancel this transaction.

By: ___________________ (Name of Client)

______________________________________________________________________________________________

INFORMATION STATEMENT TO CLIENT – CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW

You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor a credit repair company or credit repair organization has the right to have accurate, current and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported up to 10 years.

You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.

You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations. You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it. Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. You may, on your own, notify a credit bureau in writing that you dispute that accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information.

The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau. If the credit bureau’s reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you. The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact: The Public Reference Branch Federal Trade Commission Washington, D.C. 20580.

You should be aware that you have the right to raise a dispute directly with a consumer reporting agency if you discover any issues with the completeness or accuracy of any item contained in any file on you which is maintained by the consumer reporting agency.

You should be aware that accurate information cannot be permanently removed from the file of a consumer reporting agency.

You agree and acknowledge that you have received a detailed description of the services which MAI will provide on your behalf. MAI provides “tradelines” and these terms are described in this client contract provided to you which a copy is being sent to your email address as well.

You understand and acknowledge that in the event you are injured or suffer damages as a result of violations of the Florida Credit Reporting Act, Fla. Gen. Statutes 817.701, et. seq. you may proceed against the bond or trust account maintained by MAI as required under s. 817.7005.

You are aware and understand that MAI is bonded by International Fidelity Insurance Company, whose address is One Newark Center, Newark, New Jersey 07102, under bond number 0705121. You are aware and understand that MAI maintains an account with Bank of America, under Account Number 898085318657, which branch is located at 13170 Atlantic Blvd., Jacksonville, Florida 32225.

Tradeline / Consulting Lease Agreement (Broker Agreement)

This contract applies to anyone who is making a purchase for anyone other than themselves. For example, but not limited to, if you are purchasing a tradeline for your client and/or you are purchasing a tradeline for a family member or friend.

A copy of this contract will be emailed to you upon completion.

Mckenzie Adams – Broker Agreement

PARTIES. This agreement is intended to be a binding contract by and between Mckenzie Adams INC d/b/a Mckenzie Adams (hereinafter “MAI”) and the undersigned Broker (hereinafter “Broker”). By signing this agreement, Broker certifies that he/she is at least 18 years of age, that the information he/she has provided to MAI is true and complete, that he/she is legally authorized to enter into this agreement and authorize the actions of MAI as set forth herein, and that he/she will not use any of the services of MAI or any information provided by MAI for any unlawful purpose.
BROKER AS INDEPENDENT AFFILIATE OF MAI. Broker agrees and understands by entering into this agreement that he/she/it will be classified by the Company as an independent contractor and not a servant, employee or agent of MAI. MAI may, from time to time, give such instructions to Broker as it considers necessary in connection with the Services that Broker is providing, which instructions Broker may be required to follow. Broker will promptly pay, and be solely responsible for paying, as the same become due and payable as a result or consequence of monies paid or payable by MAI to Broker pursuant to this Agreement, all amounts payable pursuant to applicable tax statutes, workers’ compensation or workplace safety and insurance statutes, pension plan statutes, and any other taxes, statutory deductions, contributions, and assessments on income required by the State of Florida, the government of the United States, and any other government or regulatory authority, agency or body.
BROKER’S AGREEMENT TO INDEMNIFY MAI. Broker agrees to indemnify and hold harmless MAI and every member of MAI’s staff and team from and against any and all lawsuits, claims, assessments, penalties, interest charges and legal fees and disbursements and/or taxes incurred as result of having to dispute, contest or defend any actions brought against MAI in any civil, state, administrative, local, or federal proceeding arising from or as a result of the Broker’s negligence, gross negligence, recklessness, wanton or willful misconduct, or civil or criminal wrongful conduct of any kind. Broker acknowledges that it is solely responsible for its own compliance with State, Federal, and Local laws governing the credit repair industry and the acts and practices of credit repair organizations.
USE OF PERSONAL INFORMATION. Broker agrees to provide to MAI any and all personal information, and personal information of Broker’s clients, necessary to allow MAI to add those clients to the specified tradeline, and MAI agrees that it will use any personal information received from Broker solely for that purpose. MAI will not use that information for any other purpose, nor will it sell or release that information to any third party, nor will it allow any third party to access that information, except to the extent necessary to accomplish the goals of this agreement.

A. SUBMITTING ORDER FORMS: Broker’s must complete the MAI required tradeline order forms for an order to be processed. Broker’s may not use their own order forms in place of MAI’s. Broker’s must place their own order meaning MAI employees are NOT permitted to complete order forms on client’s behalf. If a broker or client makes this request, it will be denied. MAI has made the order process electronic and as easy as possible.

B. ACCURACY OF ORDER FORMS: You as the Broker are responsible for the accuracy of the information you submit to us. Being one digit off on a SSN or date of birth, or spelling a name incorrectly will cause a tradeline not to post properly. We DO NOT replace lines when you submit inaccurate information so please double check your info. If you submit incorrect or inaccurate information, you would need to re-purchase the line again if the order was already processed.

USE OF FALSE OR UNAUTHORIZED INFORMATION. Broker agrees that he/she shall not use, provide, or submit to MAI, any alternate Social Security Number (SSN), Credit Protection Number (CPN), Employer Identification Number (EIN), Taxpayer Identification Number (TIN), or other similar information that is false, fraudulent, illegal or unauthorized. Upon the discovery of such false, fraudulent, illegal or unauthorized information, MAI shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed. Broker agrees that in that event, any and all fees, costs and other money and funds of any kind paid to MAI shall not be refunded but shall be retained by MAI and considered to be liquidated damages for breach of this agreement. It is further understood and agreed that MAI’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that MAI does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity.
SERVICES PROVIDED:
The parties understand that Broker may, from time to time, refer Clients to MAI for the purpose of facilitating improvement of credit scores, credit profiles and credit habits, in exchange for which the Broker is to be compensated at a rate negotiated by the parties. Broker understands that MAI offers the following services, and promises to ensure that its Clients comply with the terms set forth below:
TRADELINES: MAI agrees to identify one or more tradelines on behalf of Client and perform all functions necessary to have Client added to those tradelines as an “Authorized User” on or before the date of the first billing statement following the date of this agreement for each tradeline. All tradelines are tracked to appear within 60 days of the statement date for the tradeline given both the payment has been made and the order form successfully placed. It is understood and agreed by both parties that Client will maintain “Authorized User” status on those tradelines for two billing cycles. Two billing cycles is approximately 60 days. After two billing cycles, the client will be removed from the tradelines. The parties further understand and agree that Client will only be added to tradelines with the full advance knowledge, consent and participation of the primary account holder of the account to which that tradeline pertains. The client also understands that there is consulting work being done throughout this process and that fees charged for such purpose will be nonrefundable after the initial 5 day cancellation period window. Sometimes, for a variety of reasons, the Tradeline does not report on the first billing statement following the date of the agreement. In such cases, Client understands that the Tradeline will report on the next (second) billing cycle following the date of this agreement. For purposes of this contract, the second billing cycle is an estimated 60 days from the date of the statement date of the tradeline that was ordered or replaced. Each tradeline has a different statement date. If the Tradeline does not report on the second billing cycle, MAI agrees to provide a replacement tradeline of greater or equal quality at no additional cost to Client. If the replacement line does not report for whatever reason, then a refund or store credit will be issued (whichever the Broker prefers).

TRADELINE POSTING TIMEFRAME: Once the payment is made and the order is fulfilled, an email with the estimated tradeline posting timeframe is emailed to the client from SUPPORT@MCKENZIEADAMS.NET. Because the statement date for every tradeline is different, this posting window can vary for each tradeline so we provide the detailed information as soon as the order is fulfilled. This instructional email also encompasses any additional information that may be needed in order for the client to help ensure the tradeline posting goes as smooth as possible. When a Broker fails to fill out an order form, and/or attach a legible ID to an order form, or fills out the order form incorrectly, and/or takes several days to make payment, that will directly correlate with the client delaying the processing of their order therefore delaying the processing of the confirmation email. The client agrees to take full responsibility for their delays in order processing under these circumstances.

CREDIT BUREAU REPORTING: MAI guarantees the tradeline posting on at least 1 of the 3 credit bureaus. MAI does not have any control whatsoever of the tradeline reporting to the credit bureaus and does not guarantee posting to more than one credit bureau. The MAI Client Services Division will assist you in making sure that your lines post accordingly on whichever credit bureaus they are going to report to.

FRAUD ALERTS: If have a Fraud Alert on credit report, you MUST remove it in order for your tradeline to report properly. ANY AND ALL FRAUD ALERTS MUST BE REMOVED BY YOU. If you do not, you will run into posting issues that we will not accommodate for. In order to remove a Fraud Alert, you must call each credit bureau and remove it. You are welcome to put the fraud alert back on your file once your tradeline posting in complete.

B. BROKER MEMBERSHIPS: The 50% Elite Broker membership is a one-time fee that results in a 50% off discounts for retail priced single tradelines, and retail priced tradeline packages. This 50% off discount does not apply to all products the company may sell; it only applies to the tradelines and tradeline packages. Elite Brokers are entitled to other discounts on other products throughout the year as they become available and are approved by MAI. The 50% Elite Broker membership also comes with marketing material [consisting of email swipe files, text marketing content, instructions on how to build an email list from scratch and 12 helpful videos on sales and marketing.] This marketing material is delivered by email from McBROKERS@MCKENZIEADMS.NET and the subject line is “Welcome to the Elite Broker Program.” This email is delivered within 3 business days or less once payment is received. As for the 50% discount on retail priced tradelines, that is effective immediately after payment has cleared with MAI. This membership cannot be stacked with any other coupons or discounts that we run through the course of the year. The 50% off will precede/override any other discounts we offer on the tradeline purchases. For example, if MAI runs a sale on a tradeline, the broker’s discount is 50% off of the retail price, not on top of the sale price. The Elite 50% membership can be revoked by the company at any time in the event the client is sharing their discount code or discount with any other company, client, or individual. This elite 50% membership will only remain in effect as long as MAI is in business.

FEES AND REFUND REQUESTS. The Broker’s fees are listed on the broker’s order form and the broker is assigned an order number in which is provided to the Broker by email once the broker places an order on our website. Fees are not earned by MAI until service is complete and that fees paid in advance by client shall be held in escrow. Broker understands and agrees that all fees paid by Clients referred to MAI will be governed by the terms and conditions set forth in MAI’s client agreement, which are set forth below. In the event Broker’s client requests a refund with Broker, Broker must contact a representative of MAI to determine eligibility for a tradeline replacement or a store credit request as refunds will not be provided after the 5 day cancellation period. Broker is to instruct Clients represented by Broker that they must go through their agent, the Broker, to request any store credits. No direct contact from Clients represented by Brokers will be acknowledged by MAI. Broker agrees that any partial fee payments made to MAI will turn into a store credit in the event Broker fails to pay the remainder of the fee and fails to cancel within the 5 day window of placing the order.
FAILURE TO PERFORM. The parties agree that if MAI is unable to identify all of the tradelines contemplated by this agreement, that MAI shall replace the tradelines with equal or greater value tradelines without notice to the broker or client. Due to broker’s and/or client’s lack of responsiveness, that is why clients are not notified. It is MAI’s goal to fulfill the order as soon as possible rather than delay the order further by waiting for a broker/and or client to respond. Should replacement tradelines not post, a refund will be provided or a store credit will be issued (the broker may choose which option works best).
PROOF OF NON PERFORMANCE. Broker agrees to follow the correct protocol of placing a Support Ticket on the company website at www.mckenzieadams.net where it is clearly noted “SUPPORT TICKET” to notify MAI of any tradeline non-posting concerns for their client(s). The broker and/or client shall not text or email their sales consultant or any other members of the company with any tradeline posting issues. MAI has a dedicated Client Support Division to handle all customer questions about existing tradeline orders. The parties agree that in the event Client has not been timely added to the specified tradeline(s) in accordance with the “Services Provided” clause above, MAI shall have the sole and exclusive option of either adding the Client to a different tradeline of equal or greater quality, or applying a store credit within thirty (30) days of the date it receives written proof from the Client of MAI’s non-performance, provided such written proof is submitted by Broker with a Support Ticket to the Client Services Division within twenty-one (21) days of the date by which Client should have been added to the specified tradeline as set forth in the “Services Provided” clause above. It is understood and agreed that such written proof must be in the form of a credit report generated by either creditchecktotal.com or Equifax Complete Advantage Plan, and that no other document or other form of proof shall be valid or binding upon MAI. It is further understood and agreed that MAI shall not be bound or obligated to issue a refund, store credit, or to perform any other act, or to refrain from performing any other act, if the proof submitted by Client varies in any way from that specified above, is transmitted by any means other than Support Ticket as specified above, or is received after the twenty-first (21st) day as specified above, all in strict compliance herewith.
AUTHORIZATION. Broker hereby represents that it has obtained full authority from its clients’ to use and share their information with MAI for the purpose of adding them to tradelines, as well as for any other purpose necessary to accomplish the goals of this agreement. In furtherance thereof, Broker authorizes MAI to perform any and all acts necessary to accomplish the goals of this agreement, and agrees and promises to assist with execution of any and all documents necessary to facilitate MAI’s performance hereunder, including but not limited to any power of attorney or letter of authorization. Broker authorizes MAI to sign and or electronically sign any and all documents pertaining to adding tradelines on client’s behalf. Broker further agrees that MAI will exercise its sole discretion in choosing the specific tradeline to which Broker’s Clients will be added, provided that any tradeline chosen by MAI will have no delinquent payments or other negative indicators, will have “Pays As Agreed” status, and will maintain “Pays As Agreed” status with no delinquent payments or other negative indicators for the duration of time during which clients are listed as an “Authorized User” thereon.
ASSUMPTION OF RISK. Broker understands and agrees that there exists an inherent risk in providing his/her clients’ personal information to MAI, and in MAI in turn providing that personal information to third parties on those clients’ behalf. Broker therefore agrees to assume all risk for any breach of confidentiality or security that may occur relative thereto. Broker further understands and agrees that any damages, actual or otherwise, that he/she may incur as a result thereof shall be subject to the limitations on liability as set forth in the Limited Liability clause of this agreement.
RELEASE. Broker agrees to permanently and irrevocably release MAI and all of its directors, officers, employees, agents, stockholders, representatives and affiliates from any and all claims, demands, damages and liability of any kind arising from his/her use of the products and services offered and delivered by MAI, including but not limited to any actual, consequential, statutory, nominal, punitive, regulatory and other damages of any kind.
INDEMNIFICATION. Broker shall fully indemnify, hold harmless and defend MAI and its directors, officers, employees, agents, stockholders, representatives and affiliates from and against any and all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses including but not limited to attorney’s fees and costs, whether or not a third party claim, which arise out of, result from, or in any way relate to any breach of this agreement or of any legal duty owed to MAI, any misrepresentation made to MAI, or the provision of any false, fraudulent, illegal or unauthorized information to MAI, in each case without regard to any alleged negligence of either party to this agreement or any other third party, and without regard to whether such claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses have merit.
RIGHT TO CALL, TEXT AND REMARKET CUSTOMER. Broker agrees that MAI may call, text and remarket to the broker via call, text, email or direct mail. Broker may opt-out at any time by letting MAI know in writing.
CONSENT TO RECORD AND MONITOR CALLS. Broker agrees that MAI may record calls for quality and training purposes.
DISCLAIMER. Broker understands and agrees that any and all products and services offered by MAI are intended to comply with all municipal, state and federal laws, statutes, ordinances, rules and regulations of every kind, and that MAI does not condone the use of its products and services for any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind. Broker agrees to ensure that any products and services its clients receive from MAI will be used only for lawful purposes, and that any unlawful, fraudulent, dishonest, unethical or otherwise harmful activity of any kind shall constitute an immediate material breach of this agreement, and that in any such event MAI shall have the absolute right to terminate this agreement, discontinue its services, and reverse any services previously performed (ie, remove the client from any tradelines to which he/she has been added by MAI). Broker agrees that in that event, any and all fees, costs and other money and funds of any kind paid to MAI shall not be refunded to Broker’s clients, but shall be retained by MAI and considered to be liquidated damages for the clients’ breach of this agreement. It is further understood and agreed that MAI’s damages in that event shall not be limited to the fees, costs and other money and funds described above, and that MAI does not hereby waive its entitlement to any other damages to which it may be entitled in law or equity. Broker further understands and agrees that MAI reserves the absolute right to cooperate fully with any investigation that may be conducted by any municipal, state, federal or other law enforcement or governmental regulatory agency, and to comply with any subpoena or other order issued by any court of competent jurisdiction or other governmental regulatory agency. Broker further agrees to indemnify MAI for any fines or other penalties of any kind that MAI may incur as a result of its clients’ failure or refusal to cooperate with any such investigation.
ABSENCE OF GUARANTEE. Broker understands and agrees that MAI cannot, and does not, make any predictions, promises, guarantees, warranties or assurances of any kind with regard to the result or effect of its services on Broker’s clients’ credit score or other indicia of credit worthiness. Any expressions, statements, or representations of any kind made by MAI or its directors, officers, employees, agents, stockholders, representatives and affiliates merely reflect its/his/her best professional opinion given in good faith, and are not to be construed as predictions, promises, guarantees, warranties or assurances. Moreover, it is expressly understood and agreed that MAI may present this agreement as a defense to any such claim of prediction, promise, guarantee, warranty or assurance made by Broker or Broker’s clients.
ARBITRATION OF DISPUTE: In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Duval County, Florida in accordance with the Laws of the State of Florida or agreements to be made in and to be performed in Florida.

CHOICE OF LAW AND FORUM. The parties may, by mutual written consent, agree to opt-out of arbitration and proceed with suit in a court of law. However such action shall be initiated in Duval County, Florida and decided in accord with the laws of the State of Florida.
LIMITATION OF ACTIONS. Client agrees that no action, proceeding or litigation arising out of, with respect to, or in any way related to this agreement may be brought against MAI more than six (6) months after the first date upon which the basis of that action could have reasonably been discovered through the exercise of due diligence.
NON-WAIVER. It is understood and agreed that a waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this agreement be construed as a continuing waiver of other breaches of the same or other provisions of this agreement. Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder, nor course of dealing between the parties, shall operate as a waiver thereof or of the exercise of any other right, remedy, power or privilege.
SEVERABILITY. It is understood and agreed that if any part of this agreement is deemed to be invalid or unenforceable for any reason, the remainder of this agreement shall be severed from that part and shall continue in full force and effect.
ENTIRE AGREEMENT. It is understood and agreed that this document sets forth the entire agreement and understanding of the parties, and supersedes all other verbal or written agreements made prior to or concurrent with this agreement.
MODIFICATION. It is understood and agreed that no modifications of this agreement shall be binding on either party unless reduced to writing and signed by both parties.
ATTORNEY’S FEES AND COSTS. The parties agree that if any action, proceeding or litigation is brought to enforce the terms of this agreement, or to otherwise resolve any disagreement or dispute arising under or with respect to this agreement, the non-prevailing party will pay any and all attorney’s fees, costs and expenses incurred by the prevailing party in prosecuting or defending that action.
COMPLIANCE WITH FLORIDA CREDIT REPAIR ORGANIZATIONS ACT. MAI hereby represents that it is exempt from the mandates of Fla. Gen. Statutes § 817.7005(1) as it has obtained a surety bond and established a trust account as required by law. By signing and acknowledging below, the Client admits that it has been furnished with a copy of the information statement required by Fla. Gen. Statutes § 817.702-704.
MODIFICATION. It is understood and agreed that no modifications of this agreement shall be binding on either party unless reduced to writing and signed by both parties.
OTHER SERVICES SPECIFIED IN ORDER FORM. Broker further authorizes and directs MAI to perform such and as many of the other services as specified in the Broker’s order form.

EACH CLIENT WHO ORDERS FROM MAI ELECTRONICALLY SIGNS THAT THEY CERTIFY THAT THEY HAVE READ THE FOREGOING AND THAT THEY UNDERSTAND AND AGREE WITH EACH OF THE TERMS SET FORTH ABOVE AND ENCLOSED.

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NOTICE OF CLIENT’S RIGHT TO CANCEL:

NOTICE OF CANCELLATION: You may cancel this contract, without any penalty or obligation, within 5 days from the date the contract is signed. If you cancel any payment made by you under this contract, it will be returned within 10 days following receipt by the credit service organization of your cancellation notice.

To cancel this contract, mail or deliver a signed dated copy of this cancellation notice, or any other written notice to:

Mckenzie Adams
7710 Balboa Ave Ste 313
San Diego, CA, United States

I hereby, as of this ________ (day) of _________ (month), ________(year) cancel this transaction.

By: ___________________ (Name of Client)

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INFORMATION STATEMENT TO CLIENT – CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW

You have a right to sue a credit repair organization that violated the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations. You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it. Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. You may, on your own, notify a credit bureau in writing that you dispute that accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information.

You should be aware that accurate information cannot be permanently removed from the file of a consumer reporting agency.

You agree and acknowledge that you have received a detailed description of the services which MAI will provide as these terms are described in this client contract provided to you with a copy being sent to your email address as well.

Terms and Conditions

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