Compliance

Zero Parallel is diligent in its compliance practices and maintains a high standard of industry compliance. Utilize the documents below to aid in your compliance efforts. You may also log into our due diligence & compliance database below, using the login information provided by your account manager. Login

Getting Started

Introduction

Welcome to the Zero Parallel Compliance Gateway.

Affiliates should visit this page regularly to solidify their understanding of their compliance expectations while part of the Zero Parallel Affiliate Network. The Gateway is an excellent resource for affiliates looking to improve not only their compliance footprint, but also their traffic. Anecdotal evidence suggests that strong, consumer-friendly websites encourage user trust and improve rates of conversion.

Occasionally, your affiliate manager may recommend that you visit the Gateway to read a new or important article. We have found that the affiliates who are most responsive to constructive commentary tend to have a longer, more fulfilling relationship with Zero Parallel than those who take compliance onto their own shoulders. Zero Parallel is accredited by the Online Lenders Alliance; we take federal and state regulation seriously, and we’re here to help bring your websites up to code.

Although you may always reach out to your affiliate manager with questions, you can find answers to the most common affiliate questions in the articles here on the Compliance page of zeroparallel.com.

Interested in Joining the Network?

Registration with the Network begins when a prospective affiliate completes the affiliate questionnaire, which is then reviewed by a member of our Affiliate Relations team. During the onboarding process, a member of the Compliance team will review the affiliate’s website to ensure that it meets Zero Parallel’s strict requirements. The affiliate must correct any potentially misleading content on his or her website before sending consumer traffic to Zero Parallel.

A Note About Legal Advice

Please note that content of a legal nature is provided as guidance only, and does not constitute legal advice. You are not entitled to rely on the advice and description of complex legal matters found in the articles posted on this website. The articles are not exhaustive in nature, and the content might not be updated to reflect developments in the law. Exercise independent judgment when assessing the character of your own website content.

Have a question that isn’t answered here? Contact compliance@zeroparallel.com and we’ll add your question to the list.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Our Compliance Expectations
Minimizing Affiliate Fraud

Zero Parallel has a zero-tolerance policy when it comes to affiliate fraud. Any affiliate found fabricating false consumer data, or misusing authentic data, will be summarily dismissed from the Affiliate Network.

Typical examples of affiliate fraud include:

  • using consumer data that the affiliate has no lawful right to possess
  • manually inserting consumer data into an application form, with or without approval from the consumer
  • attempting to pass off fabricated consumer data as authentic
  • sending lead data through the Zero Parallel system multiple times, or order to generate multiple sales
  • improper marketing language on an affiliate’s website(s), including UDAAP (see UDAAP: An Introduction)

Zero Parallel holds exclusive authority to determine whether affiliate activity is fraudulent, or likely to result in harm to the consumer. Affiliates must modify their practices when instructed to do so by their affiliate manager. The affiliate manager might, but need not, grant the affiliate a reasonable time to correct non-compliant behavior. In some circumstances, affiliate activity will result in immediate suspension, without appeal or time to cure a defect.

If you have a question about fraudulent activity, please contact your affiliate manager for guidance.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

How We Monitor Affiliates

Zero Parallel takes an active role in ensuring that its affiliates are marketing their lead generation activities in a legal, compliant, and responsible manner. From the moment the onboarding process begins, your affiliate manager will provide you the guidance, tools and knowledge to craft an attractive, consumer-friendly website.

Our top priority is consumer protection. If your marketing material tends to mislead consumers, or if you mishandle sensitive consumer information, your affiliate manager will, at a minimum, recommend fundamental changes to your behavior. Serious or continued non-compliant activities will result in your suspension from the Affiliate Network.

You affiliate manager monitors your activity in several ways:

  • Regular review of your website. Zero Parallel not only retains a dedicated Compliance team, but we also use a web crawler to hunt for misleading and inappropriate content on our affiliates’ websites.
  • As the result of Consumer Complaints. Zero Parallel maintains a file for complaints it receives from consumers about our affiliates’ actions. A single complaint is enough to trigger scrutiny of your websites or other marketing practices.
  • Quality of leads. If an inordinate number of consumer leads an affiliate generates appears to be fraudulent, that affiliate’s activities will be paused. The affiliate manager will attempt to work with the affiliate to find a solution to the problem. If the problem cannot be resolved to Zero Parallel’s satisfaction, the affiliate will be suspended from the Network.

New affiliates are monitored on a regular basis, with scheduled website reviews at 30 and 90 days (not including the review required for onboarding), not including the regular review conducted by Zero Parallel’s web crawler.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

How We Monitor Lenders

Compliance shouldn’t just be a concern for affiliates; lenders are an essential part of the Network, as well. If consumers aren’t confident that lenders are treating their confidential information properly, the system cannot function.

The relationship between a lender and Zero Parallel is laid out in the Advertising Agreement. This agreement spells out how consumer information is to be protected throughout the process, including during transmission and storage. Furthermore, the Agreement will determine how the lender is permitted to market or exploit consumer information commercially once the consumer has been granted or denied a loan.

We monitor lender compliance in two main ways: through routine lender questionnaires, and through responding to consumer complaints.

Zero Parallel sends questionnaires to its network of lenders on an annual basis, or as part of the onboarding process. The questionnaire includes an inquiry into, among other things, the lender’s entity type, scope of lending (state-by state, tribal, etc.), and compliance infrastructure.

If a lender does not return a questionnaire in a timely fashion, Zero Parallel reserves the right to terminate its relationship with the lender in accordance to the Advertising Agreement between the parties. Regrettably, Zero Parallel cannot continue relationships with a lender unless we are confident that the lender is meeting our basic compliance expectations.

Just as with affiliates, Zero Parallel responds swiftly and resolutely in the face of consumer complaints against lenders. We also monitor consumer lawsuits against lenders in our network, and may terminate our relationship with lenders who are found to have engaged in fraud or have otherwise harmed the consumer.

When in doubt, reach out to your Client Relations representative to explain recent consumer complaints and pending legal matters.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

How We Respond to Violations

Zero Parallel considers consumer protection to be a central tenet in its business philosophy. As such, we make every effort to maintain an environment that encourages regulatory compliance at every stage of the consumer experience.

Zero Parallel views unfair, deceptive, misleading, and abusive practices to be grounds for affiliate dismissal from the Network. Consumer complaints automatically trigger greater scrutiny of affiliates, but the majority of our policing actions are prompted by fraudulent consumer leads. Fraudulent leads are added to Zero Parallel’s blacklist database to prevent future abuse.

Affiliate managers may, but are not required, to afford an affiliate the opportunity to explain poor lead traffic. Affiliates are more likely to remain on the Network if they are timely and responsive when communicating with a Zero Parallel representative.

Alternatively, an affiliate manager may require an affiliate who is running several marketing campaigns to terminate a particular campaign that is causing compliance problems, leaving the affiliate with those campaigns that adequately protect the consumer. For example, an affiliate with several websites might still be allowed to generate leads on those websites, even after Zero Parallel instructs the affiliate to terminate its non-compliant telephone marketing scheme.

Once an affiliate has been banned from the Network, that ban is permanent (absent subsequently discovered exculpatory information). Banned affiliates are not permitted to register with the Network again under another name.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

How We Respond to Claims of Infringement

Infringement is the use of another party’s trademarked or copyrighted material without their permission. This includes not only registered trademarks, but also other websites’ content or images.

Infringement is sharply prohibited on the Affiliate Network. If you are found to be infringing upon a third party’s copyrighted material, you will be instructed to remove the offending content. Failure to do so in a timely fashion will result in your removal from the Network.

For problems involving SEO, all content, not just visible content, is subject to this prohibition. You may not use copyrighted material in your website’s source code, for example.

In general, content on your website should be wholly original. The chief exception to this rule is for important consumer disclosure and, naturally, the registration form.

If you receive a complaint from a third party relating to infringement, please immediately bring it to the attention of your affiliate manager.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

How We Respond to Consumer Complaints

Are you the recipient of a consumer complaint, whether or not the complaint is directed squarely at you?

Regardless of the content, please promptly forward the complaint (along with all identifying information, including full name, email address, and phone number of the consumer) to your affiliate manager. In many instances, we will be able to determine the source of the complaint and reach out to the consumer to rectify the problem.

If you are required to contact the consumer again in order to gather more information, please do so in a respectful manner, without guaranteeing a positive outcome. Often times, Zero Parallel is unable to identify the source of consumer difficulties.

Please be aware that we reserve the right to forward complaints to the Online Lenders Alliance if we feel that consumers are inordinately harmed by your activities, or the activities of a third party. Our principal focus is ensuring a safe and enjoyable customer experience. Zero Parallel maintains its own consumer complaint database, within its established compliance management system, and expects its affiliates to treat consumer complaints with the gravity they deserve.

Zero Parallel will forward the results of any consumer complaint investigation we undertake to you, as appropriate.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Agreements and Insertion Orders

During the onboarding process, you will be required to read and sign the current Zero Parallel Affiliate Agreement, along with all applicable addendums. This Agreement spells out your obligations as an affiliate on the Network and also explains important information relating to payment.

An Insertion Order, often abbreviated “IO,” is an addendum to a contract that describes the terms of a specific marketing campaign. Think of the IO as “attaching” to an underlying contract or agreement. The terms of the IO will typically define the affiliate-Zero Parallel relationship, if the parties enter into a specific campaign.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

GLBA: What are your Privacy Obligations?

The Gramm-Leach-Bliley Act (GLBA) governs the use of nonpublic consumer information. In general, affiliates are not permitted to share nonpublic consumer information without giving the consumer an opportunity to consent to such dissemination and opt-out if they choose.

Consumers effectively grant an affiliate their consent to share information during the registration process. However, that consent has limits: it is generally granted only with respect to the lender that ultimately receives the information as part of the lending process, and related service providers who are integral to that process (including lead generators like Zero Parallel).

GLBA notices can be found in the template Privacy Policy, available to all affiliates.

Without meeting stringent, burdensome notice and consent requirements, affiliates will not be able to share consumer information with other third parties. This is for the best, however, because Zero Parallel does not permit its affiliates to market consumer information to anyone outside the lending chain, from consumer to lender. As of 2016, the Online Lenders Alliance considers inappropriate dissemination of nonpublic information a deviation from its Best Practices.

Zero Parallel does not work with affiliates who market consumer data to third parties irresponsibly. Consult with independent counsel for a more detailed discussion of how to protect nonpublic consumer information, when to send consumer notices, and ways to responsible exploit consumer information commercially.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Claims of Data Security

Zero Parallel expects its affiliates to use basic security programs to protect the sensitive consumer information they direct through the Network. Any information supplied by consumers is construed to be sensitive, even if such information might be discovered through other, publicly available means. Affiliate must describe their data security regimen in their website’s Privacy Policy (see Sample Privacy Policy).

Zero Parallel considers 128-bit SSL (secure sockets layer) encryption technology adequate for its affiliates. Affiliates should display an icon or logo evidencing the level of encryption the affiliate offers, or have a URL beginning with “https.” However the customer is alerted to the affiliate’s security program, any claims concerning data security must be accurate. There is no need for the affiliate to claim 256-bit encryption, for example, if the affiliate does not provide such protection.

Claims of 100% security are generally unhelpful and unnecessary (not to mention inaccurate). Remove these misleading claims, preferring more benign statements like “uses industry-standard encryption to secure your information.”

Your affiliate manager can help you learn more about SSL encryption. If you fail to adequately protect your consumers, your affiliate manager may suspend your account until you improve your security.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Staying on the Network

You can only generate revenue when your account is in “active” status. Accounts that are paused or suspended, whether indefinitely or otherwise, do not generate revenue. Earned revenue that is the result of fraud is forfeited, and you are not eligible to participate with the Zero Parallel Bonus Drawing while you are inactive, whatever the reason.

Although your affiliate manager might grant you an opportunity to correct improper behavior before suspension or termination from the Network, he or she is not required to do so. The following are absolute grounds for dismissal from the Network:

  • Malicious software
  • Anti-competitive activities (disrupting third party websites; manipulating content)
  • Cookie stuffing (manipulating website analytics or otherwise confusing tracking methods)
  • Multiple Accounts (affiliates are permitted only one account at a time)
  • Selling/Purchasing an Account from a third party
  • Copyright/Trademark violations
  • Domain Squatting
  • Failure to disclose the existence of a regulatory investigation
  • Failure to disclose a relevant lawsuit
  • General fraud (including consumer information manipulation; misusing data)
  • Privacy violations
  • Unauthorized marketing (SMS or telephone marketing)
  • Using sub-affiliates (not permitted)
  • Client/Consumer Complaints about the Affiliate
  • Regulatory investigation (whether disclosed or not, at affiliate manager’s discretion)
  • Law enforcement complaint/investigation
  • Violation or potential violation of Federal and State Law (including UDAAP)

Affiliate managers will consider the totality of the circumstances before making a decision to suspend or terminate an affiliate’s account. However, participation on the Zero Parallel Affiliate Network is a privilege, not a right. Your affiliate manager can recommend your termination for any reason.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Marketing Practices

As a condition for remaining as a member of the Affiliate Network in good standing, affiliates are expected to follow certain basic marketing principles in reaching out to and converting consumers.

Certain marketing activities, including SMS (text message) marketing, telephonic marketing, and email marketing, require extensive knowledge of applicable laws and regulations, as well as a foundationally sound compliance program. For these reasons, please consult with your affiliate manager and read the appropriate compliance articles for the marketing method you’re thinking of employing.

Zero Parallel does not typically permit SMS or telephonic marketing efforts due to the difficulty of complying with state and federal regulations, including the Telephone Consumer Protection Act (see: TCPA: An Overview in the Compliance Gateway). However, Zero Parallel can help you set up your SEO or email-based marketing strategy, with an eye toward maintaining the appropriate consumer safeguards.

Speak to your affiliate manager today to learn more about good marketing practices.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Credit Check Claims

Neither affiliates nor lead generators have any affect on whether a consumer can get a loan with a lender in the Zero Parallel network. Only the lender makes credit decisions or decides what credit scores or past credit history is acceptable.

As such, it’s not appropriate to say that a certain credit history will be---or is likely to be---satisfactory for lenders, even if a consumer’s credit score or history appears strong. When it doubt, state that your website does not make credit decisions, but that people will all credit backgrounds are welcome to register.

In reality, many lenders do not use the traditional credit bureaus to determine whether a consumer is an acceptable credit risk, and make use of alternative credit reporting agencies---both to assess creditworthiness and to determine if the consumer has another, similar loan already funded. However, some lenders do still run credit checks with the major bureaus.

In your material disclosures, you should mention that lenders may run credit checks. It is improper to state on your website or in your correspondence with consumers that lenders in the Zero Parallel network do not check credit history.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Misleading URL Names

Affiliates are allowed to have as many URLs generating traffic as they are approved for, assuming that all websites meet minimum compliance requirements. This includes the name of the website itself as it appears to consumers, both in the URL taskbar and during search engine searches.

The same phrases Zero Parallel prohibits on affiliate websites are also prohibited as part of URLs. For example, www.nocreditbadcreditloans.com would be prohibited, because affiliates are not allowed to say either “no credit checks” or “bad credit okay” on their sites. Even if the website’s content otherwise meets Zero Parallel’s criteria, misleading URLs are not tolerated.

Consult with your affiliate manager to determine whether your website’s URL violates Zero Parallel policy. You may still maintain other, compliant websites even if one of your websites is suspended from the Network. Zero Parallel will not accept traffic from sites with misleading URLs.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

CAN-SPAM: What Can I Send?

The rules of CAN-SPAM apply generally to all commercial emails, but certain emails, including those directed to preexisting clients, do not have to follow all the strictures.

For example, transactional messages (e.g. messages confirming or detailing a commercial transaction that has already taken place) or a message sent as the result of a business relationship that already exists (e.g. warranty, recall, or security information about a product; change of terms) will not need to comply with certain aspects of CAN-SPAM.

When a message contains partly advertising speech and partly non-advertising speech (commercial versus transactional), look to the primary purpose of the message. Emails are more likely to be commercial in nature if the subject line tends to suggest that fact. To be safe, separate the two types of emails and do not solicit as part of your ordinary business emails.

Naturally, you are not permitted to send messages that are not permitted as part of the Affiliate Network, whether they violate CAN-SPAM or not. These messages include pornography, which requires separate disclosures explaining that the contents are sexually explicit. Regardless of the disclosures used, such material is never appropriate for the Network.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

CAN-SPAM Penalties for Non-Compliance

Both civil and criminal penalties are available for violations of CAN-SPAM.

Each separate email sent in violation of CAN-SPAM is subject to penalties of up to $16,000. The sender may be held personally liable or sending the email, even if they are working for a company.

Additionally, email marketing that violates other laws, like those related to deceptive advertising, may subject the sender to additional fines or penalties.

At least in theory, if not in practice, excessive violations may result in criminal penalties. Most criminal penalties are misdemeanors, although criminal sanctions are infrequently requested.

A sound marketing strategy is one way to immunize yourself against penalties for non-compliance. If you are undertaking a new email campaign and are unfamiliar with the requirements under CAN-SPAM, consult with your affiliate manager.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

E-SIGN Act

The Electronic Signatures in Global and National Commerce Act (E-Sign Act) provides a general rule of validity for electronic signatures for transactions in or affecting interstate commerce. Nearly all consumer interactions through the Network will be interstate in nature, as the consumer, affiliate, lead generator, and lender and rarely all located within the same state. Certain state laws may apply in cases where all parties are domiciled in one state.

Under E-SIGN, any signature made in electronic form is treated like a wet ink signature. The consumer has the option, at any point, to withdraw consent to E-SIGN applicability and request a paper version of any agreement. In effect, E-SIGN allows for the usage of electronic records where paper records would have been required before the adoption of the E-Sign Act.

Where you provide for a consumer’s electronic signature, you must keep a record of all consumer consents, retrievable in a clearly perceivable form. The exact form is not specified in the Act, but if you obtain consent in tangible, paper form, you should store that signature electronically.

The consumer consent mechanism (such as a click-box) should be preceded by a “clear and conspicuous” statement that includes:

  1. A notice that the consumer has a right to receive the record in non-electronic form;
  2. The consumer’s right to withdraw the consent and any consequences (including fees) that would result from such withdrawal;
  3. The procedures for withdrawing consent;
  4. A statement that consent only applies to the particular transaction being effectuated;
  5. A statement that explains that after consent, the consumer may obtain a paper copy of any electronic record and whether a fee will be charged for providing it;
  6. The hardware and software requirements for access to and retention of the electronic records

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Working with Your Affiliate Manager

You are assigned an Affiliate Manager when you sign up for the Affiliate Network. Your Affiliate Manager is your best resource for information and guidance at Zero Parallel. He or she can help you make positive changes to your website, explain the vagaries of consumer traffic, and keep you ahead of the curve in a volatile regulatory environment.

Regular communication with your Affiliate Manager not only helps keep you up to date with changes in the law and Zero Parallel’s compliance expectations, but Affiliates with ongoing relationships are less likely to be banned from the Network.

The more responsive you are to your Affiliate Manager’s questions, the better your experience on the Network will be. Because of time limitations, Affiliate Managers rarely give unresponsive Affiliates the benefit of the doubt. It is not uncommon for Affiliate Managers to suspend Affiliates who fail to respond to inquiries in a reasonable time---particularly if the Affiliate manager has asked the Affiliate to make certain changes or explain the source of their traffic.

The lesson for today: reach out to your Affiliate Manager!

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

A Note About Legal Advice

Please note that content of a legal nature is provided as guidance only, and does not constitute legal advice. You are not entitled to rely on the advice and description of complex legal matters found in the articles posted on this website. The articles are not exhaustive in nature, and the content might not be updated to reflect developments in the law. Exercise independent judgment when assessing the character of your own website content.

© Zero Parallel 2016

Affiliate Expectations

Zero Parallel prides itself upon operating among the most compliant affiliate networks in the industry. To preserve this sterling reputation, we expect our affiliates to meet certain basic levels of quality, responsiveness, and professionalism.

Your website is your introduction to the consumer community; it should represent your best efforts, both in terms of grammar and spelling, but in terms of shrewd and compliant marketing.

Your site should include the following:

  1. Proper legal disclosures (sometimes called Material Disclosures) concerning the riskiness of payday/installment loans;
  2. Proper Policies (including a qualifying Privacy Policy, Terms and Conditions of Use for the website, and Marketing Practices);
  3. Proper content (correctly marketing short-term, small-dollar leads, without misleading, abusive, or false language).

To learn more about requirements, please read the OLA Best Practices that Your Affiliate Manager provided to you during your onboarding.

As an affiliate you should also:

  1. Respond in a timely fashion to your affiliate manager. If they’re contacting you, it’s for a good reason.
  2. Read the compliance articles we provide within this site regularly. Staying informed is the best way to stay ahead of regulators.
  3. Read the helpful resources we make available to you for assistance.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

A Note About Legal Advice

Please note that content of a legal nature is provided as guidance only, and does not constitute legal advice. You are not entitled to rely on the advice and description of complex legal matters found in the articles posted on this website. The articles are not exhaustive in nature, and the content might not be updated to reflect developments in the law. Exercise independent judgment when assessing the character of your own website content.

© Zero Parallel 2016

Email Marketing: A CAN-SPAM Overview

The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM), overseen by the FTC, spells out the compliance obligations of email marketers. Chiefly, all commercial emails must comply with the following requirements:

  1. Header information cannot be false. This includes sender and recipient information, including the person’s name, affiliation, and email address.
  2. Subject lines cannot be deceptive. They must accurately communicate the context of the body of the email.
  3. Identification as an advertisement. If the email is commercial in nature, you must disclosure, in a conspicuous manner, that the email is an advertisement. This can be done in either the subject line or the body of the email.
  4. Include an address. Your recipients have to know how to reach you, with a physical address as well as an email address. You are also encouraged to include a telephone number.
  5. Explain your opt-out procedures, in a clear and conspicuous manner. We encourage affiliates to use a hyperlink for the opt-out process.
  6. Process opt-outs in a timely manner. You should be updating your suppression list at least as frequently as every ten (10) days, and the hyperlink should be active for thirty (30) days from the date the email is sent. You’re not allowed to condition the opt-out in any way (such as requiring the consumer to pay a fee). Once a consumer has requested to be removed from the list, you are not permitted to sell that consumer’s information to a third party.

Contact your affiliate manager if you have any questions about CAN-SPAM compliance.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

TCPA: Text Message (SMS) Marketing

Due to complications that necessarily arise, Zero Parallel does not generally work with affiliates who market to consumers through text messaging (SMS).

The Telephone Consumer Protection Act treats text-based advertisement and solicitation the same as phone-based solicitation. In other words, before you can market to consumers via text, you must secure their written affirmative consent.

The best way to accomplish this is to exploit a previously existing business relationship where the consumer has demonstrated consent to receiving autodialed phone calls. Don’t be fooled into thinking that you can skirt the law by manually dialing numbers; any phone is considered to be the equivalent of an auto-dialer, no matter how the phone is actually used.

If you are interested in commencing a SMS-based campaign with legitimate consumer contacts and a TCPA-compliant infrastructure‑‑‑particularly if you have been an active member of the Affiliate Network for a substantial length of time‑‑‑please speak with your affiliate manager to determine if an SMS campaign is suitable.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

A Note About Legal Advice

Please note that content of a legal nature is provided as guidance only, and does not constitute legal advice. You are not entitled to rely on the advice and description of complex legal matters found in the articles posted on this website. The articles are not exhaustive in nature, and the content might not be updated to reflect developments in the law. Exercise independent judgment when assessing the character of your own website content.

© Zero Parallel 2016

Things Affiliates Should Know
Basic Affiliate Requirements

An affiliated website must contain the following, at a minimum:

  1. Consumer disclosures, featured on every page the consumer is capable of accessing and in a legible font. The disclosures should contain, among other things, an explanation that the affiliate is not a lender, that the affiliate does not charge for its services, that the affiliate does not make credit decisions, and that terms and conditions vary by lender. See Sample Material Disclosures to learn more.
  2. A functioning Privacy Policy link, accessible on the landing page (home page) and on the registration form. See Sample Privacy Policy.
  3. A functioning Terms of Use link, accessible on the landing page and on the registration form. See Sample Terms and Conditions of Use.
  4. A functioning Marketing Practices link, accessible on the registration form. See Sample Marketing Practices.
  5. The proper Telephone Consumer Protection Act auto-dialer language on the registration form. The consumer will click the box to confirm that they have read the disclaimer and agree to receive phone calls from the affiliate. See Sample TCPA Auto-Dialer Consent Language.
  6. Language that is not misleading. For more thorough treatment of this issue, see Misleading Marketing Content.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Websites Language for Affiliates to Avoid

Zero Parallel’s Affiliate team has compiled a list of frequently used, misleading statements.

This list is not exhaustive. In general, you should judge the character of your content from the point of view of the average consumer. If you have questions, please contact your affiliate manager.

Anything that refers to credit

  • “Bad credit”
  • “Bad credit ok”
  • “No credit ok”
  • INSTEAD say: “All credit types are considered and welcome to register.”

Impossible Promises

  • “100%”
  • “Guaranteed”
  • “Instant Loan Decision”
  • INSTEAD say: Just remove this language.

Not So Fast!

  • “Immediate”
  • “Instant”
  • INSTEAD say: Nothing is instant, even online. Just say “fast, speedy, or quick.”

Faxing

  • “No fax required”
  • INSTEAD say: Some lenders might still require faxed documents. If it’s not true for all the lenders you work with, then you can’t say it! Instead, say nothing.

Terms

  • “No down payments”
  • “APR range is …”
  • INSTEAD say: It’s not your job to set the terms of the loan, and you’re rarely in a position to know what all Zero Parallel lenders are looking for. Don’t talk about repayment, down payments, or APRs. Any statement you make will be misleading if you can’t substantiate it!

Funding

  • “Get your money within minutes!”
  • “Same day!”
  • “Next day”
  • INSTEAD say: Practical limitations prevent consumers from getting their loan any faster than the tomorrow, and sometimes not even then. Just say “as soon as the next business day.”

How Much

  • “Up to $5000 in your account”
  • INSTEAD say: The limits for payday loans is $1000, and most states are even less than that. Make sure your site doesn’t promise more than $1000.

Application

  • “Fill out the application to get your money”
  • INSTEAD say: The word “application” makes the affiliate sound like a lender. The form is not a loan application, it’s just a registration page. Say “register today,” or “complete the registration form” instead.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

This article contains information that might be interpreted as legal advice. Please see the article “Legal Disclaimer” article on the home page of the Gateway.

© Zero Parallel 2016

UDAAP: An Introduction

Both the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) prohibit what has come to be called UDAAPs. The UDAAP acronym stands for Unfair, Deceptive, or Abusive Acts or Practices.

Unfair Behavior:

An act or practice is unfair when:

  • It causes or is likely to cause substantial injury to consumers;
  • The injury is not reasonably avoidable by consumers; and
  • The injury is not outweighed by countervailing benefits to consumers or to competition.

Deceptive Behavior:

An act or practice is deceptive when:

  • The representation, omission, act, or practice misleads or is likely to mislead the consumer;
  • The consumer’s interpretation of the representation, omission, act, or practice is reasonable under the circumstances; and
  • The misleading representation, omission, act, or practice is material.

Abusive Behavior:

An act or practice is abusive when:

  • It materially interferes with the ability of a consumer to understand a term or condition of a financial product or service; or
  • It takes unreasonable advantage of: (a) a lack of understanding on the part of the consumer of the material risks, costs, or condition of the product or service; (b) the inability of the consumer to protect its interests in selecting or using a consumer financial product or service; or (c) the reasonable reliance by the consumer on the lender to act in the interest of the consumer.

Regardless of how it is classified, misleading language is never permitted on an affiliate website.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Improper SEO Practices

SEO stands for Search Engine Optimization. To appear more prevalently on search engines, many sites add key words to their websites---the kind that consumers are more likely to search.

However, you enter into dangerous territory if you add deceptive content to your website for the sole purpose of boosting your SEO. For example, while it might be advantageous to add the phrase “bad credit” to your site for SEO purposes, this is misleading under UDAAP (see UDAAP: An Introduction).

It’s also unlawful to use trademarked material to boost your SEO standing, either on your pages or in your source code. Not only does is method arguably ineffective, it could also get you sued. It will certainly cost you your place on the Zero Parallel Affiliate Network.

You can still optimize your site by using appropriate phrases. Talk to an SEO specialist or your affiliate manager to learn strategies to increase your website’s visibility.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

What Are Permissible Marketing Practices?

As a condition for remaining as a member of the Affiliate Network in good standing, affiliates are expected to follow certain basic marketing principles in reaching out to and converting consumers.

Certain marketing activities, including SMS (text message) marketing, telephonic marketing, and email marketing, require extensive knowledge of applicable laws and regulations, as well as a foundationally sound compliance program. For these reasons, please consult with your affiliate manager and read the appropriate compliance articles for the marketing method you’re thinking of employing.

Zero Parallel does not typically permit SMS or telephonic marketing efforts due to the difficulty of complying with state and federal regulations, including the Telephone Consumer Protection Act (see: TCPA: An Overview in the Compliance Gateway). However, Zero Parallel can help you set up your SEO or email-based marketing strategy, with an eye toward maintaining the appropriate consumer safeguards.

Speak to your affiliate manager today to learn more about good marketing practices.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Malware, Pornography, and Offensive Content

Zero Parallel places an absolute prohibition on the use of malware on any affiliated website. When an affiliate is suspected of using malware, or linking to a third party that makes use of malware, the affiliate will be banned automatically. Malware is a general term to describe any software program that causes suboptimal performance in a third party’s computer system and that is specifically designed to cause harm to a computer. Malware also includes any software that attempts to steal consumer information, whether or not the user’s computer system is harmed.

Advertisements, including websites and banned ads, cannot be in proximity to pornography of any kind or other offensive content, including abusive, profane, hateful, and inflammatory content.

In many instances, an affiliate might be able to modify the content of his or her site to cure content-related issues. Your affiliate manager can discuss the appropriate steps to take in order to eliminated prohibited content.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Telemarketing

Your compliance obligations do not end once you obtain verifiable consumer consent under the TCPA (see TCPA: Getting Consent). Your calls are subject to other consumer protection laws, and Zero Parallel expects you to comply with your obligations under those laws.

The principal federal rule on the subject is the Telemarketing Sales Rule (TSR), promulgated by the FTC. The TSR establishes a national Do-Not-Call registry at www.donotcall.gov and prohibits deceptive and abusive telemarketing practices, including the following rules:

  • Calling times are restricted to the hours between 8:00 a.m. and 9 p.m.
  • Telemarketers must promptly tell the consumer the identity of the seller and that the call is a sales call or solicitation
  • Telemarketers must disclose all material information about the goods or services they are offering and the terms of the sale. They are prohibited from lying about any terms of their offer.

You are also generally prohibited from calling too often (harassment) or using threatening, false, misleading, abusive, or coercive language when addressing a consumer.

For more information, please visit: http://www.consumer.ftc.gov/articles/0198telemarketing-sales-rule.

For payday and other small-dollar, short-term loan campaigns, affiliates are more likely to direct the consumer to a Zero Parallel website (or other affiliated website) than reveal material terms of a loan, because the affiliate is not often privy to the terms of a prospective loan. The affiliate must disclose this fact rather than giving the consumer potentially false information about the loan.

Zero Parallel requires you to maintain a call script. Your affiliate manager must review every script before you use it, to ensure that it meets our compliance expectations.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Who Are You? Misrepresenting Your Role

Consumers are generally not savvy about the workings of the personal loan referral process. As such, they might have certain misconceptions---reasonable or unreasonable---about your role in the lending process. Few people naturally understand what an affiliate is, what a lead generator is, or how they interact with lenders.

As an affiliate, you should clearly explain to consumers that you are not the lender. In fact, Zero Parallel recommends that you state expressly in your disclosures that you are not a lender, and that you are simply a loan matching (or referral) service.

Avoiding confusion is one of the reasons why we encourage affiliates to use the word “register” rather than “apply” in regard to the consumer “application” forms.

Always state that you do not make credit decisions and do not have access to a customer’s loan file. As an affiliate operating in a revenue sharing environment, you are not permitted to charge a commission to consumers, and you should emphasize this point. When a consumer asks what the lending requirements are, demur to the lender.

Consumers often wonder if their credit score is good enough to apply for a loan. Your website should make it clear that all consumers are welcome to apply. No additional information should be found on the site (e.g. references to “bad credit”).

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

UDAAP in Practice

Any statement that is not absolutely true might potentially mislead a consumer. We’ve listed some typical examples of problematic language below.

Example:

“We work with only the best lenders to get the best rates for you!”

Misleading because:

Even if you believe that you work with the “best” lenders, your definition of “best” is not universal. Secondly, you will rarely be in the position to promise anyone the best rates, because you won’t know the rates over every lender (including many not in our network). A consumer could easily rely on this statement, only to find that they passed up a better opportunity.

Example:

“Get your money today!”

Misleading because:

It is virtually impossible to fund a consumer’s loan during the day of application, due in large part to rules governing crediting and debiting transactions: funds settle overnight. To suggest otherwise is to mislead consumers as to a point of material importance to them: how quickly they can get their money.

Additionally, lenders and banks operate at different speeds, so it’s impossible for an affiliate to know how quickly a consumer’s account will be credited.

Example:

Selling consumer information to third parties without their express permission.

Unfair because:

You are causing injury to consumers without giving them a reasonable chance to avoid the harm. Although not all third parties misuse consumer information, you are rarely in a position to guarantee another company’s good stewardship of information.

If you’re wondering whether one of your business practices is likely to fall under the UDAAPs, just reach out to your affiliate manager.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Registration Forms

If you’re using “application” or “registration” forms supplied by Zero Parallel to collect consumer information on your website(s), you must follow the following rules:

  • You must direct traffic in the manner expected of you. In order words, you’re not allowed to sell consumer information once you’ve gathered it or direct that information to another network. The improper use of nonpublic consumer information is a serious matter, both to Zero Parallel and to federal and state regulators.
  • You are not permitted to manually enter consumer information into the form fields, even if consumers have demonstrated a desire to register. Contact your affiliate manager to receive credit for the referral.
  • You must prominently display all the necessary disclosures and terms, including the TCPA auto-dialer consent box (see TCPA: Getting Consent), Marketing Practices (see Sample Marketing Practices), Privacy Policy (see Sample Privacy Policy), and Terms of Use (see Sample Terms and Conditions of Use).
  • You are not permitted to display any deceptive content in the area around the form. If you can’t say it on the home page of your website, you can’t say it during registration.

The registration form belongs to Zero Parallel, and the company may make changes to the form that you will have to incorporate. Misuse of the registration form might result in your suspension from the Network.

Please note that the term “register” is preferable to “apply,” because consumers might believe they’re completing a loan application when in reality they are simply being referred to a lender through our registration process. For sake of simplicity, your affiliate manager will treat the two words interchangeably.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Maintaining Your Website

As a condition for joining and remaining on the Zero Parallel Affiliate Network, you are expected to regularly maintain your website(s).

This includes correcting website content that falls below our compliance requirements, such as prohibited language (e.g. “no credit check”), prohibited material (e.g. pornography), and inadequate legal disclosures. As a general rule, your site should not contain any content that does not relate to the offer you are making and does not mislead the ordinary, reasonable consumer.

Although your affiliate manager will help you identify your site’s problem areas during the onboarding process, your are responsible for ensuring that your site meets or exceeds minimum standards over the course of your relationship with Zero Parallel.

Our Compliance team may review your website from time to time, to ensure that you are operating in accordance with best practices. Affiliate managers might request that you may certain changes to content even once you have joined the Affiliate Network. In order to continue operating on the Network, you must incorporate the changes your affiliate manager recommends (see Working with Your Affiliate Manager).

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Affiliate Fraud

Zero Parallel has a zero-tolerance policy when it comes to affiliate fraud. Any affiliate found fabricating false consumer data, or misusing authentic data, will be summarily dismissed from the Affiliate Network. Subsequently, affiliate may be added to our ZP WatchDog database as non-compliant. This central database will be seen by other ZP WatchDog Users.

Typical examples of affiliate fraud include:

  • using consumer data that the affiliate has no lawful right to possess
  • manually inserting consumer data into an application form, with or without approval from the consumer
  • attempting to pass off fabricated consumer data as authentic
  • sending lead data through the Zero Parallel system multiple times, or order to generate multiple sales
  • improper marketing language on an affiliate’s website(s), including UDAAP (see UDAAP: An Introduction)

Zero Parallel holds exclusive authority to determine whether affiliate activity is fraudulent, or likely to result in harm to the consumer. Affiliates must modify their practices when instructed to do so by their affiliate manager. The affiliate manager might, but need not, grant the affiliate a reasonable time to correct non-compliant behavior. In some circumstances, affiliate activity will result in immediate suspension, without appeal or time to cure a defect.

If you have a question about fraudulent activity, please contact your affiliate manager for guidance.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

FTC: Dot Com Disclosures

Originally drafted by the FTC in 2000 and updated in 2013, the Dot Com Disclosures detail guidance for online marketing and advertisement. You can find a copy of these Disclosures at the following URL:

https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf.

The Dot Com Disclosures chiefly concern themselves with the clarity and conspicuousness of important, consumer-friendly content, such as disclaimers. Clear and conspicuous disclosures are often typified by the following:

  • in close proximity to the statement the disclaimer is modifying or clarifying
  • if the disclaimer is a hyperlink, the disclaimer contains an informative title for the hyperlink that tends to encourage the consumer to click on the link (and proper hyperlink formatting)
  • language is displayed prominently rather than in a hyperlink when possible
  • disclaimers contrast properly with background colors, and are of a sufficient size
  • disclaimers are duplicated where helpful to the consumer (on every page)

The Disclosures also stress the importance of consistency. Messages should be uniform across every media used (print, video, audio), and disclaimers should not outright contradict the statement they are qualifying.

Zero Parallel considers the Dot Com Disclosures to be paramount in assessing the overall quality of a website. Your affiliate manager will advise you to make certain changes based on the Disclosures.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Infringement

Infringement is the use of another party’s trademarked or copyrighted material without their permission. This includes not only registered trademarks, but also other websites’ content or images.

Infringement is sharply prohibited on the Affiliate Network. If you are found to be infringing upon a third party’s copyrighted material, you will be instructed to remove the offending content. Failure to do so in a timely fashion will result in your removal from the Network.

For problems involving SEO, all content, not just visible content, is subject to this prohibition. You may not use copyrighted material in your website’s source code, for example.

In general, content on your website should be wholly original. The chief exception to this rule is for important consumer disclosure and, naturally, the registration form. The templates Zero Parallel provides its affiliates are subject to a limited license, which can be revoked at any time and for any reason.

If you receive a complaint from a third party relating to infringement, please immediately bring it to the attention of your affiliate manager.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

OLA Best Practices

The Online Lenders Alliance is a trade association for the short-term, small-dollar loan industry, with an exclusive focus on the online market. See What Is the Online Lenders Alliance? for more information about the organization.

The OLA publishes a new version of its list of Best Practices whenever changes are being introduced. The newest version, for 2016, includes the latest best practice concerning the transfer of consumer information to third parties who are not lenders.

The Best Practices is a trove of useful information for online marketers, including guidance for avoiding misleading material (UDAAP).

You can find a copy of the OLA Best Practices handbook here: http://onlinelendersalliance.org/best-practices.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Blogs and Articles

Do you have something important or compelling to say about payday or installment loans? Are you sure?

Having blogs and articles that provide real value to consumers are likely to be perceived by many consumers as financial advice. At a minimum, blogs could imply expertise that doesn’t exist. Even when you feel equipped to advise consumers about payday loans, it’s always a better strategy to leave this discussion to the lender.

On the other hand, blogs and articles could be a good way to generate interest in your site via SEO. Just make sure the content you’ve published both belongs to you and provides information that isn’t misleading.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Reaching out to Zero Parallel Compliance

Have a question about your compliance expectations as an affiliate? Zero Parallel’s dedicated compliance specialists keep apprised of the latest legal developments so you don’t have to sift through reams of conflicting information.

Your first option is always to look through these articles for the specific issue you’re dealing with. If no such article exists, or the article does not answer your question, your affiliate manager can consult with our Compliance Department on your behalf.

Our compliance team prides itself in its quick turnaround time. Speak to your affiliate manager today. Please note that the compliance department is available for serious inquiries only.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Testimonials

It is tempting to use testimonials as a way to build the credibility of your affiliate brand. However, most affiliates run into obstacles when they try to effectively market testimonials.

First, the Federal Trade Commission (FTC) has stressed that testimonials should be discouraged unless the results the consumers testify about are typical. The era of stamping “Results Not Typical” on a testimonial and believing yourself to be protected are over.

Second, your testimonials must be real, and based on actual experiences from consumers.

Third, your testimonials from consumers should not be incentivized. In other words, you shouldn’t pay people to give you good reviews (but if the consumer derives some benefit, you must disclose this). If you are using celebrity endorsers, you must disclose that they were compensated for their time. In reality, it’s better practice just to accept praise from consumers and ask them if you can share their story. If you plan on using falsified names to protect consumers’ identities, disclose this fact.

Fourth, if you attach a photo to a given testimonial, you have to disclose if the photo is not actually of the person giving that testimonial. To do otherwise is to mislead your customers.

If you must display testimonials, ensure that those testimonials come from real people who have agreed to let you post their statements on the website. This might require a legal release. Consult independent counsel if you have questions about obtaining consumer consent for testimonials.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Substantiating Your Claims

As with all marketing, statements you make on your website are not allowed to be misleading to the consumer. The best way to determine whether your website content meets Zero Parallel’s compliance expectations is whether your material claims (the claims that borrowers would consider important) can be substantiated.

Some statements are not easily proven. For example, it is impossible to substantiate any claim that you are the best affiliate, that Zero Parallel’s Affiliate Network is the best lead generation network, or that the lenders we work with offer the best rates. While any of these statements might be true for a hypothetical borrower under specific circumstances, it will not be true for everyone. Because such statements cannot be supported by concrete evidence, they should best be discarded.

Other claims are clearly fabricated, and should be removed. Statements like “we’ve worked with millions of consumers” or have a network of “hundreds of lenders” are false, plain and simple. A running tally of “satisfied customers” is misleading---especially if the ticker randomly counts upward in a slow fashion, unrelated to actual traffic to the site.

On the other hand, certain claims are true regardless of the circumstances. For example, consider the phrase: “get funded as soon as the next business day.” Unless you know lenders have no intention of funding loans, this statement is not misleading, and you can use it without qualification.

If a statement is misleading without further explanation, consider adding an asterisk near the statement (see FTC: Dot Com Disclosures). Keep in mind that you can’t make a fatally deceptive statement acceptable with different language in an asterisk.

Consistency and accuracy are key in every disclosure.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

TCPA: Penalties for Non-Compliance

Failing to follow the requirements of the TCPA can be costly. Damages for violation range from $500 for negligent violation to $1500 for intentional violations, and are multiplied by the number of violations the caller commits.

These damages can naturally add up quickly for affiliates who are doing extensive telephonic or SMS marketing. To mitigate damages, affiliates should keep thorough records. In general, however, it is wiser not to conduct telephone marketing campaigns in the first place.

Speak to your affiliate manager to discuss methods and strategies for mitigating the risk of violations.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Charging for your Services

Affiliates are prohibited from charging consumers for their referral to the Affiliate Network. Affiliate receives payments from Zero Parallel that are based solely on the ultimate sale of a given lead and the splitting of revenue between Zero Parallel and the affiliate in accordance with the terms of the Affiliate Agreement and any applicable Insertion Order.

You should always include a statement in your disclosures (and also in your Frequently Asked Questions, if you have them) explaining that you do not charge the consumer at any point during the transaction.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

A Note About Legal Advice

Please note that content of a legal nature is provided as guidance only, and does not constitute legal advice. You are not entitled to rely on the advice and description of complex legal matters found in the articles posted on this website. The articles are not exhaustive in nature, and the content might not be updated to reflect developments in the law. Exercise independent judgment when assessing the character of your own website content.

© Zero Parallel 2016

Who is the FCC?

The Federal Communications Commission (FCC) oversees rules relating to consumer telephone calls, including the Telephone Consumer Protection Act (see TCPA: An Overview). This Act lays out the prohibitions for contacting consumers through an auto-dialer for commercial purposes.

Please note that while the FCC oversees the TCPA, it does not oversee the Telemarketing Trade Rules, which address other telemarketing issues. The TSR is overseen by the Federal Trade Commission (FTC).

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Military Lending (and other Target Audiences)

It is inappropriate for you to target your marketing to any consumers that do not qualify to receive loans, either due to age, location, or military designation.

Consumers under the age of 18 are not permitted to visit websites on the Affiliate Network, as explained in the Terms and Conditions of Use. Content should also not be directed to anyone outside the United States.

Loans to active members of the military (and their immediate families), whether on active guard or reserve duty, are governed by the Military Lending Act (MLA). Loans to active-duty military are capped at 36% interest (sometimes called the MAPR, or Military Annual Percentage Rate). This rate includes all associated fees and charges, not just the interest.

Unlike with other consumers, military members are not permitted to “roll-over” loans, unless the loan is on more favorable terms for the borrower. Certain other contractual provisions are also void. For a more thorough treatment of the rules applying to members of the military, speak with your affiliate manager.

Please note that in general, Zero Parallel does not work with lenders who lend to active members of the military.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Reinstatement on the Network

Once you have been suspended from the Affiliate Network, reinstatement can be difficult to achieve. As with any interactions between an affiliate and his or her affiliate manager, the longer and more productive the business relationship, the more likely Zero Parallel will reinstate a suspended affiliate.

Zero Parallel weighs a multitude of factors in considering reinstatement, including the nature and duration of the misconduct, the responsiveness of the affiliate to Zero Parallel correspondence, the likelihood that the improper behavior will continue in the future, and the difficulty with which Zero Parallel can discover the misconduct.

Zero Parallel is under no obligation to give affiliate second changes. The best way to ensure reinstatement is to keep good records, make genuine efforts at complying with legal and Network requirements, and be proactive with potential pitfalls. If your affiliate manager perceives you to be a good citizen in the industry, they are more likely to give you a change to rectify problems with your website.

To request reinstatement, please contact your affiliate manager.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

Updating your Records

Have a change of address, either for billing or correspondence purposes? Contact your affiliate manager and they’ll guide you through the simple process of updating your records.

Remember: you have to maintain accurate billing and contact information at all times in order to receive prompt payment. Although Zero Parallel tries to work with its affiliates in the event of billing difficulties, unresponsive affiliates might find their share of revenue forfeited after an extended period of time.

In other words, make sure you check your emails regularly, and updated your contact information appropriately.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

What is the Online Lenders Alliance?

The Online Lenders Alliance (or OLA) is an independent trade association consisting of various members in the online short-term, small-dollar market. The OLA is headquartered in Washington D.C. You can find their website at www.oladc.org.

Membership in the OLA is expected of payday, installment, and personal loan lenders, as well as lead generators for the industry. As an affiliate, Zero Parallel requires you to comply with the OLA Best Practices‑‑‑a handbook containing marketing and lending rules‑‑‑regardless of whether or not you are a member of the OLA. Your affiliate manager may cite the Best Practices when discussing a compliance issue.

Although the Best Practices are not law, Zero Parallel considers a violation of Best Practices to be grounds for suspension (or even termination) from the network. As with most things, a history of compliance and a willingness to enhance your compliance profile are taken into account when violations are assessed.

You can find a copy of the OLA Best Practices handbook here: http://onlinelendersalliance.org/best-practices. Additionally, please take a look at the article OLA Best Practices. For your convenience, we have made a copy of the Best Practices available in this Gateway.

Zero Parallel is an Accredited Member of, and contributor to, the OLA.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

© Zero Parallel 2016

NACHA and ACH Transactions

The ACH Network, or Automated Clearing House Network, is the mechanism by which direct deposit and payment transactions are made between financial institutions. Chances are, if you are making or receiving debit or credit transactions or one-time payments, the ACH is somehow implicated.

For more information about how the ACH works, visit NACHA’s official site, at www.nacha.org.

NACHA is the association that oversees the ACH Network. It was originally formed in 1974 as a collaboration between several discrete ACH associations. Today, NACHA oversees more than 90% of all electronic payments in the United States.

One of the reasons the ACH Network is so important for affiliates is because consumer transactions, from the disbursement of funds from the lender to eventual repayment, all take place on the ACH Network and have to follow the Network’s rules.

Settlement of funds generally happens the next day (overnight). This rule is the basis for Zero Parallel requiring affiliates to state that consumers will get their funds as soon as the next business day. New rules will likely change the timing of payments, making same-day settlement of funds more widely available.

Please note that the ACH rules also apply to payments that Zero Parallel

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

A Note About Legal Advice

Please note that content of a legal nature is provided as guidance only, and does not constitute legal advice. You are not entitled to rely on the advice and description of complex legal matters found in the articles posted on this website. The articles are not exhaustive in nature, and the content might not be updated to reflect developments in the law. Exercise independent judgment when assessing the character of your own website content.

© Zero Parallel 2016

SMS Marketing

Affiliates are generally discouraged, in not outright prohibited, from using text messaging (also known as SMS, or Short Message Service) as a method for generating consumer traffic. The regulatory burdens placed on SMS marketing are too great for most affiliates to operate in a compliant manner.

SMS marketing is governed by the Telephone Consumer Protection Act in the same manner as telephone marketing (see TCPA: An Overview). As such, affiliates need to get consumer consent before sending commercial text messages---a daunting premise, compliance with which is nearly impossible to demonstrate.

As such, Zero Parallel only permits SMS marketing in extremely rare circumstances and only with trusted affiliates who have the demonstrated infrastructure to track consumer consent and the proven track record to resist the urge to falsify consumer records.

If you are interested in SMS marketing, please speak with your affiliate manager. Please note, however, that Zero Parallel does not generally work with SMS marketers.

Contact your affiliate manager at the email address we provided you when you first joined the Network for fast, helpful answers to your questions. Not sure who your affiliate manager is? Please reach out to the Compliance Team at compliance@zeroparallel.com, and we’ll send you in the right direction.

A Note About Legal Advice

Please note that content of a legal nature is provided as guidance only, and does not constitute legal advice. You are not entitled to rely on the advice and description of complex legal matters found in the articles posted on this website. The articles are not exhaustive in nature, and the content might not be updated to reflect developments in the law. Exercise independent judgment when assessing the character of your own website content.

© Zero Parallel 2016

Site Policies
Terms and Conditions

Effective as of December 1, 2014

IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND ZERO PARALLEL, LLC ("WE" OR "ZERO PARALLEL"). THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT ("AGREEMENT") AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE, AND OTHER ZERO PARALLEL SERVICES (COLLECTIVELY, THE "WEBSITE"). ZERO PARALLEL IS WILLING TO LICENSE THE USE OF THE WEBSITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

TERMS AND CONDITIONS

1. LICENSE GRANT. This Agreement provides You with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Website solely for your personal use or your internal business purposes.

2. LICENSE RESTRICTIONS. The foregoing license is limited. You therefore may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by this Agreement, (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof); or (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof). In addition, You acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.

3. USER OBLIGATIONS. Subject to Zero Parallel's right to monitor or audit compliance, You acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Website, You also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Website. In addition, You agree to assume all responsibility for your use, and the results of your use, of the Website, including meeting any requirements of your contracts with third parties or other persons.

4. PROPRIETARY RIGHTS. The contents of the Website, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, presentations in any format, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Website (collectively, "Material") unless otherwise indicated, are owned, controlled, and licensed by Zero Parallel or its licensors. Any rights granted hereby are expressly licensed. Zero Parallel does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to You or anyone else. Accordingly, Your unauthorized use of the Website (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Website and Material is Copyright ©2014 Zero Parallel LLC and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Website or Material, including notices on any audio/visual material You access, download, transmit, display, print or reproduce from the Website. You shall not, nor will You allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Zero Parallel or its owner if Zero Parallel is not the owner. Zero Parallel and all other names, logos, and icons identifying Zero Parallel and its products and services are proprietary trademarks of Zero Parallel (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Zero Parallel is strictly prohibited. Other product and company names mentioned herein or on the Website may be the trademarks and/or service marks of their respective owners.

5. AFFILIATES. If You wish to become an Affiliate of Zero Parallel, You must complete one or more online sign up forms that request specific information from you, including, but not limited to, your name, address, and phone number. Once You submit the form to Zero Parallel, Zero Parallel will decide whether to make You an offer to join Our Affiliate Network. Submissions to Zero Parallel are not offers, but merely solicitations of an offer. No Affiliate relationship is established between You and Zero Parallel until You sign a Zero Parallel Affiliate Agreement and Zero Parallel Advertiser Agreement. Where there is a conflict between these Terms of Use and either the Affiliate Agreement or Advertiser Agreement, the Affiliate Agreement or Advertiser Agreement shall take precedence over these Terms of Use.

6. LENDERS. If wish to become a Lender, You must complete one or more online sign up forms that request specific information from you, including, but not limited to, your name, company name, and phone number. Once You submit the form to Zero Parallel, Zero Parallel will decide whether to extend you an offer to become a Lender. Submissions to Zero Parallel are not offers, but merely solicitations of an offer.

7. MOBILE SERVICES. The Website may include certain services that are available to You via your mobile phone or other mobile device if You have subscribed to them, including the ability to use your mobile device to receive and reply to messages from Zero Parallel, and access certain other features (collectively, "Mobile Services"). Although Zero Parallel does not charge You for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, You are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.

8. FEEDBACK. Zero Parallel welcomes your feedback and suggestions about Zero Parallel’s products or services or with respect to how to improve the Website. But, by transmitting any feedback or suggestions and any related information, material, or other content (collectively, "feedback") to Zero Parallel, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey such feedback to Zero Parallel. In addition, any feedback received by Zero Parallel will be deemed to include from You a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Zero Parallel to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and You hereby waive any claim to the contrary.

9. REPRESENTATIONS AND WARRANTIES. You represent and warrant to Zero Parallel that (i) You are at least the legal age of majority, (ii) You are authorized to enter into this Agreement, (iii) You will not use the Website or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of Zero Parallel or any third party; (iv) any information or data provided to Zero Parallel by You will not violate any law or regulation or infringe the rights of Zero Parallel or any third party; (v) all information that You provide to us in connection with the Website (e.g., name, e-mail address, and/or other information) is true and accurate; and (vi) You are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

10. WARRANTY DISCLAIMERS. THE WEBSITE AND MATERIALS ARE PROVIDED "AS-IS." ZERO PARALLEL DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEBSITE OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. ZERO PARALLEL DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. THE WEBSITE, THE MATERIALS, LEADS, MARKETING SERVICES, AND ANY ASSOCIATED INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ZERO PARALLEL HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR BASED ON COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED BY THE CONSUMER IS ACCURATE OR COMPLETE, OR THE RESULTS TO BE ACHIEVED FROM LEADS, INCLUDING ANY SPECIFIC CUSTOMER CONVERSION RATES. YOU UNDERSTAND AND ACCEPT THAT LEADS AND CONTACT INFORMATION COLLECTED HAVE NOT BEEN SCREENED OR VALIDATED BY US AND ARE NOT GUARANTEED TO BE ACCURATE OR ERROR-FREE AND ALL RISKS OF CONDITION, USE, QUALITY, DESIGN, OR FITNESS ARE YOURS.

11. LIMITATION OF LIABILITY. Zero Parallel shall have no responsibility to provide You access to the Website. You acknowledge and agree that Zero Parallel shall not be liable or responsible for any claim, damage, or loss resulting, directly or indirectly, from a cause beyond Zero Parallel’s control, including, but not limited to, offers or promotions made available on the Website, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, governmental restrictions, or any claim, damage, or loss arising out of transactions or interactions between You, third party merchants or anyone else. You specifically acknowledge that Zero Parallel shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You. MOREOVER, YOU AGREE THAT IN NO EVENT SHALL ZERO PARALLEL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, FOR LOST DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ZERO PARALLEL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF ZERO PARALLEL FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE, RESULTS FROM USE OF THE WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00 USD), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF ZERO PARALLEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.

12. INDEMNIFICATION. You agree to release, discharge, defend, indemnify and hold harmless Zero Parallel and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the delivery of products, services or information through the Website (collectively, "Indemnified Parties"), arising from, in connection with, or relating to, any breach of these Terms of Use by You, including breaches arising from Your use of the information obtained through the Website. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed through the Services or related website(s).

13. GOVERNING LAW. This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of California, U.S.A., as applied to agreements entered into and completely performed in the State of California (without regard to conflict of law principles). The state or local courts in the State of California will have exclusive jurisdiction and venue over all controversies in connection with this Agreement, and You hereby consent to such exclusive and personal jurisdiction and venue. Any claim You might have against Zero Parallel must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys' fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other documents and records originally generated and maintained in printed form. Please contact Zero Parallel if You wish to receive a printed copy of this Agreement.

14. BINDING ARBITRATION. ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE OR THESE TERMS OF USE SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party's state of residence to protect the party's intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS OF USE. The arbitration will be administered by the American Arbitration Association ("AAA") under its then-current arbitration rules. If any AAA rule conflicts with these Terms of Use, these Terms of Use shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in Los Angeles, California. California state law will apply during the Arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court having jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys', experts' and witness fees, regardless of which party prevails in the arbitration.

15. NO CLASS ACTIONS. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

16. ENFORCEMENT. Zero Parallel wishes to maintain the Website as a helpful resource for all of its users. As it relates to Zero Parallel, You therefore have no reasonable expectation of privacy while using the Website because Zero Parallel reserves the right to view, monitor, and/or record activity on the Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the Website may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall You permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Zero Parallel for use of or with the Website. Moreover, You also acknowledge that any breach, threatened or actual, of this Agreement by You may cause irreparable injury to Zero Parallel and/or its licensors, such injury would not be quantifiable in monetary damages, and Zero Parallel and/or its licensors would not have an adequate remedy at law. You therefore agree that Zero Parallel and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, You hereby waive any requirement that Zero Parallel or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Zero Parallel to enforce any provision of this Agreement.

17. PRIVACY. We respect your privacy and the use and protection of your personally identifiable information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Website.

18. TERMINATION. Zero Parallel also reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to terminate this Agreement with You (including any registered account) in order to protect its name, business, or goodwill and/or any other user. You acknowledge and agree that Zero Parallel shall have the sole right to determine in its reasonable discretion whether You are engaging in any unauthorized activity and/or violating any term or conditions of this Agreement. Zero Parallel shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of this Agreement in accordance with this section. You may also terminate at any time by ceasing to use the Website. But, all applicable provisions of this Agreement will survive termination, as outlined below. Any licenses from Zero Parallel and any right to use the Website shall immediately cease upon termination of this Agreement. The provisions concerning feedback, Zero Parallel’s ownership rights, representations and warranties, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this Agreement for any reason.

19. MISCELLANEOUS. The relationship between You and Zero Parallel is and shall be that of independent contractors and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee. You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Zero Parallel’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, Zero Parallel may assign this Agreement in whole or in part. Moreover, Zero Parallel may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this Agreement. Failure by Zero Parallel to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of that or any subsequent default or failure of performance. In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, You agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for convenience only and have no legal or contractual effect. This Agreement and Zero Parallel’s Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between You and Zero Parallel with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Zero Parallel with respect to the Website. Any rights not expressly granted herein are reserved by Zero Parallel. Please note that Zero Parallel reserves the right to change the terms and conditions of this Agreement and by which the Website is extended to You by providing You in writing or electronically a copy of such revised terms (or notice thereof). Zero Parallel also has the exclusive right to provide updates, upgrades, or changes to, or to suspend, discontinue, or modify any aspect of the Website at any time. Your continued use of the Website following any such change to such Website will be deemed acceptance to be bound by any such change to this Agreement or the Website. If You have any questions about this Terms of Use Agreement, You may contact us via e-mail at: info@zeroparallel.com, toll-free at (855) 295-4386, by facsimile at (818) 484.2733, or in writing sent via certified mail to: Zero Parallel, LLC 330 N. Brand Blvd., Suite 695 Glendale, CA 91203 Attn: Office of the General Counsel.

Privacy Policy

Effective Date: December 1, 2014

Thank you for visiting the Zero Parallel website located at www.ZeroParallel.com (the "Website" or "Site"). The Site is operated by Zero Parallel, LLC ("ZeroParallel," "we" or "us"). Zero Parallel is committed to protecting the privacy of our visitors' personally identifiable information. We provide this privacy policy ("Privacy Policy") in order to explain our online information practices and the choices you can make about the way your information is used by us. This Privacy Policy applies to any and all information submitted or collected on this Site. You agree to this Privacy Policy, in its entirety, when you: (a) access or use our Site; and/or (b) register on the Site to participate in the Zero Parallel Network ("Network") as an Advertiser and/or Affiliate. If you do not agree to this Privacy Policy in its entirety, you are not authorized to become an Affiliate or Advertiser ("Network Member") and/or use the Site in any manner or form whatsoever.

We may modify this Privacy Policy at any time. If we decide to change this Privacy Policy, we will post those changes on our Website. We encourage you to periodically review our Privacy Policy to stay informed about how we are using the information we collect.

Collection of Information

Personal Information

We collect personal information from you when you register as an Affiliate or Lender ("Network Member") or when you contact us. Personal information we collect may include, without limitation, name, birth date, home and/or mobile telephone numbers, personal email address, and mailing and/or home address.

Non-Personal Information

When you visit the Website, we may collect certain non-personal information from you, including your Internet Protocol (IP) address, the date and time of your visit, browser type, operating system, the specific web pages visited during your connection, and the domain name from which you accessed the Website. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Website, the areas or pages of the Website that you visit, the amount of time you spend viewing the Website, the number of times you return to the Website and other clickstream data. We may also use non-personal information for statistical analysis, research, and other purposes.

Like many commercial websites, we analyze how visitors use our Site through what is known as "cookie" technology. A cookie is a small text file that is placed on your computer when you access the Site and allows us to recognize you each time you visit the Site. We may use cookies to: (1) enhance or personalize your Website usage; (2) monitor Website usage; (3) manage the Website; and (4) improve the Website and our services. If you choose, you can set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser's help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our Website, or that we may put on our Website in the future.

We may also use web beacons on the Website, in our emails and in our advertisements on other websites. Web beacons are tiny graphic images that are used to collect information about your Site visit, such as the pages you view and the features you use, as well as information about whether you open and/or act upon one of our emails or advertisements. We may also collect the URL of the website you visited immediately before coming to the Website. Web beacons help us analyze our Website visitors' behavior and measure the effectiveness of the Website and our advertising. We may work with service providers that help us track, collect and analyze this information.

We may combine the non-personal information we collect, such as through cookies and web beacons, with other information we have collected from you.

Use of Information

We may use the information we collect from and about you on the Website for any of the following purposes: (1) to determine whether to extend you an offer to become a Network Member; (2) to respond to your inquiries; (3) to review Website usage and operations; (4) to address problems with the Website, our business or our services; (5) to protect the security or integrity of the Site and our business; (6) to monitor the Site for compliance with our Terms of Use and the law; and (7) to contact you with Website updates, newsletters and other informational materials from us.

If you do not wish to receive communications from us about offers and promotions, you can opt-out of receiving these communications by calling us at (855) 295-4386, emailing us at info@ZeroParallel.com, or by following the instructions in the messages you receive.

Disclosure of Information

As a general rule, Zero Parallel will not sell, share, or rent your personal information. However, we may disclose information collected from and about you as follows: (1) to third-party administrative vendors for various reasons including, without limitation, billing, delivery, and payments; (2) as necessary if we believe that there has been a violation of the Website Terms of Use or of our rights or the rights of any third party; (3) to respond to legal process (such as a search warrant, subpoena or court order) and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (4) in the event that our company or substantially all of its assets are acquired, your personal information may be one of the transferred assets. We may also disclose your personal information with your express consent. We may share aggregate, non-personally identifiable information about Website users with third parties.

Security

We take reasonable and appropriate security precautions to secure the personal information that you choose to provide against the loss, misuse, alteration, or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. While we strive to protect your personal information, we cannot ensure or warrant the security or confidentiality of any personal Information you transmit to us.

You agree that your access to and use of this Website and your use of Zero Parallel's services - which necessarily includes data storage and data transmission - are done at your own risk.

Access to Personally Identifiable Information

Zero Parallel retains the submitted or collected personally information on this Website as needed to perform Zero Parallel's services, to comply with legal obligations, to resolve disputes, and to enforce agreements. If you wish to correct factual errors in your personal information, or to update any portions of your user profile, please contact us using the contact information below.

Children

We do not direct the Website to, nor do we knowingly collect any personal information from, children under the age of eighteen (18). You must be eighteen (18) years of age or older to become a Network Member.

Third Party Websites

The Website may contain links to third-party websites, including Facebook and Twitter, which may have privacy policies that differ from our own. We are not responsible for, nor do we endorse, any of the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any external site before disclosing any personal information. Please contact those websites directly if you have any questions about their privacy policies.

Contact Us

If you have questions or concerns about this Privacy Policy, you can contact us via e-mail at info@ZeroParallel.com; or by writing to us via certified mail to 330 N. Brand Blvd., Suite 695, Glendale, CA 91203. You may also contact us toll-free at (855) 295-4386 or facsimile at (818) 484-2733. If we need, or are required, to contact you concerning any event that involves your information, we may do so by email, telephone, or mail.

OLA Best Practices, USA Payday

Online Lenders Alliance "Best Practices"

USA Payday & Short-Term Installment Loans

Zero Parallel, LLC is committed to providing the most reliable and trustworthy service to all visitors of our website. To that end, Zero Parallel strictly abides by Online Lenders Alliance's ("OLA") "Best Practices" which are considered as our industry's best practices to follow in connection with the marketing, origination and collection of online loans.

As a Member of OLA, it is our responsibility to ensure that any and all third parties we do business with comply with these Best Practices, as well, regardless of whether or not they are also members of OLA. Therefore, if you are a potential vendor, affiliate, or other third party, it is imperative that you familiarize yourself with OLA's Best Practices and independently assess whether or not you are able to comply with them. If you are already a vendor, affiliate or third party currently doing business with Zero Parallel, it is your responsibility to continue to abide by these Best Practices to ensure individuals visiting either our site or your site have a transparent and quality experience.

Below are just some of OLA's Best Practices that we ask all our affiliates to incorporate into their business activities and online commercial conduct:

Advertising & Marketing Guidelines:

  • Never engage in activities that are unfair, abusive and/or deceptive.
  • All website copy should avoid making the impression, expressly or impliedly, that affiliate sites are lenders or operate as lenders. Instead, visitors should be informed that these sites are not lenders and instead provide a referral service to qualified participating lenders.
  • All advertisements should be truthful, accurate and reflective of the service provided.
  • You must not guarantee a loan, loan amount or state that 100% of applicants will be approved.
  • Do not advertise that these loans can be taken out with bad credit or with no credit check. Rather, visitors must be informed that some lenders do conduct credit checks, if that is in fact true. In addition, if applicable, sites must disclose that credit checks may be run via specialized credit bureaus.
  • Do not advertise that no faxing is ever required, as some lenders do require faxing.
  • Only offer credit terms that are actually available. Do not advertise that loans can be taken out for more than $1,000.
  • Represent time accurately - meaning that advertisements should reflect that cash could be available as soon as the next business day. Representations regarding cash in "one hour" or "same day" should never be made.
  • Do not include testimonials or endorsements on websites.

Terms to Avoid Acceptable Substitutes

  • Bad credit None
  • Bad credit ok None
  • 100% None
  • Guaranteed None
  • Number of payments/period of repayment None
  • (x)% interest None
  • Down payment None
  • Instant Fast, quick, speedy
  • Immediate As soon as/as fast as the next business day
  • Within minutes As soon as/as fast as the next business day
  • Within hours As soon as/as fast as the next business day
  • Same day As soon as/as fast as the next business day
  • Tomorrow As soon as/as fast as the next business day
  • Next day As soon as/as fast as the next business day
  • One hour As soon as/as fast as the next business day
  • $1000 or more Up to $1,000 depending on the lender
  • No faxing None
  • Application Registration/form/registration form
  • Apply Register
  • Our payday loans Lenders from our independent third party network
  • Any amount guaranteed None
  • No credit check None

Terms and Conditions, Privacy Policy, and Disclosures:

  • Affiliates who are not lenders must clearly indicate so throughout their websites.
  • All sites should have conspicuous "terms and conditions" and "privacy policies," and links to these pages should be clearly visible on every page. There can be nothing on the site that contradicts these terms and conditions (including but not limited to text, graphics, and marketing materials used by affiliates).
  • Terms and conditions must state that the site cannot guarantee a loan match nor can it guarantee the amount of a loan. The page must also state that some lenders do in fact perform credit checks via specialized credit bureaus. Statements to the contrary cannot be made anywhere on the site. The page must also disclose that application information provided by a consumer will be shared with one or more lenders.
  • A conspicuous privacy policy must be provided to consumers on your site. Clearly disclose facts regarding (1) the categories of personally identifiable information collected, (2) with whom it is shared, (3) how it is used and (4) how it is secured. Furthermore, provide consumers with a choice regarding whether data is collected and used, or transferred to a non-affiliate.
  • Your privacy policy should also accurately disclose how you respond to "do not track" signals or other mechanisms that provide consumers with choice regarding the collection of personally identifiable information, or provide a hyperlink to a webpage with a description, including the effects of any program or protocol you follow that offers consumers a choice about online tracking. Additionally, accurately disclose whether third parties may collect personally identifiable information about an individual consumer's online activities over time and across different websites when a consumer uses your website.
  • Lead generators do not have "customers" and should not refer to visitors as such.
  • Websites must include the website owner's mailing address and telephone number on the contact page. Moreover website owners must be easily identifiable.
  • Websites cannot suggest misleading affiliations, infringe on third party intellectual property rights, infringe on trademark words, words too similar to trademarked words, or use third party designs.
  • Before consumers can proceed from the short form to the long form, they must check off a box next to the following statement at the bottom of the short form:
  • "By submitting your information, you acknowledge you have read, understand, and agree to the terms of our Privacy Policy, Terms & Conditions of Use and Marketing Practices and consent to your information being shared with select marketing partners, and that you may be contacted by one or more lenders."
  • The terms "Privacy Policy" and "Terms & Conditions of Use" in the indented statement above should be hyperlinked to each respective document.

Disclaimers - When advertising for your product, be sure to also address the following topics in all advertisements:

  • The implications of late payment (i.e., late fees, collection activities). Include a clear and conspicuous disclaimer, as follows: "Late payments of loans may result in additional fees or collection activities, or both. Each lender has their own terms and conditions, please review their policies for further information."
  • The consequences of non-payment (i.e., collection activities). Include a clear and conspicuous warning, as follows: "Non-payment of credit could result in collection activities. Each lender has their own terms and conditions, please review their policies for further information."
  • An explanation of sustained use of loans (i.e., renewals, extensions, back-to-back loans). Include a clear and conspicuous disclosure, as follows: "Every lender has its own renewal policy, which may differ from lender to lender. Please review your lender's lending policy." Include information about responsible lending, promoting this at all times.
  • Compliance with applicable state and federal law.
ZP WatchDog

Strengthening an industry by example

Consumer protection is a top priority for Zero Parallel. That’s why we’ve launched ZP WatchDog: a centralized database of companies who abuse consumer trust and market fraudulent short-term loan lead data.

As a member of the WatchDog system, networks and lead generators can submit information about bad actors in the industry to the shared database, compare their roster of publishers against a list of flagged companies, and help to halt consumer abuse before it starts.

Register today to learn how you can join Zero Parallel in making consumer protection an industry-wide effort.

Register