AUTHORIZED USER LEASE AGREEMENT
This Authorized User Lease Agreement (“Agreement”) is made Today, by you between: Tradeline company
Score Trade-in company dot NET LLC (a Colorado limited liability company) and BMS, Inc., whose address or principal place of
business is 7900 E Union Ave Ste 1005-A, Denver, Colorado 80237, hereinafter referred to as “Broker”; and,
the user, whose address of principal place of residence is, hereinafter referred
to as “Lessee”.
FACTUAL RECITALS
1. In the United States, an individual’s credit history is commonly scored using an algorithm created and used by the
Fair Isaac Corporation. This credit scoring system is used nationwide and is known as a “FICO score.” A FICO
score can range from 300 to 850. Financial institutions commonly use a FICO score to determine if a person is an
acceptable candidate for a loan or mortgage. Normally, a person with a high FICO score is presumed by most
financial institutions to have a lower potential to default on a loan or mortgage. As such, a person with a high FICO
score is more likely to receive a loan or mortgage from a financial institution.
2. Broker has access to one or more undisclosed private individuals (“Cardholder”) who have been evaluated and
received a FICO score based on the credit history of those private individuals. Each such Cardholder possesses a
positive FICO credit score and has agreed to maintain a continually positive credit history on the accounts leased by
Broker.
3. Each Cardholder possesses one or more credit card accounts that have the capability to add “authorized user
positions” to those accounts. Broker has contracted with each of these Cardholders to allow Broker to add Lessee
as an authorized user to one or more of Cardholder’s credit card accounts, if Lessee meets all qualifying criteria and
complies with all terms and conditions in this Agreement.
4. Broker desires to lease one or more authorized user positions on these credit card accounts to Lessee for a definite
period of time.
5. Lessee desires to lease one or more authorized user positions through Broker on the credit card accounts of one or
more Cardholders.
6. Prior to services being rendered, Lessee agrees to provide Broker with a current and updated credit report showing
Lessee’s entire credit history, as is represented by all three major credit reporting agencies.
NOW, THEREFORE, in consideration of the mutual covenants, promises, representations, and warranties contained in
this Agreement, the parties hereto agree as follows:
A. RIGHTS, DUTIES AND OBLIGATIONS OF LESSEE
1. Warranty of Credit Worthiness.
Lessee warrants to Broker that Lessee has used due diligence best efforts to become credit worthy prior to
submitting a written request to Broker to add Lessee’s name as an authorized user on a credit card account
accessible to Broker.
2. Abusing BoostMyScore.NET
“Bust Out Fraud” is a concern in the banking industry that BoostMyScore.NET does not support.
BoostMyScore.NET controls its exposure and risk to Bust Out Fraud by restricting all Authorized Users whose credit
reports display a “blank” or extremely limited history, where the AU has less than 24 months of primary credit user
history, to being added only to the tradelines in our inventory that are less than $750 Retail Price. This restriction is
decided wholly and unilaterally at the discretion of BoostMyScore.NET. If an Authorized User, or a client of a
Reseller is found to have a blank file, as determined by BoostMyScore.NET, the Authorized User/Reseller Client will
be given the option of selecting tradelines at or below the $750 Retail Price.
3. Personally Identifiable Information.
Lessee shall submit to Broker all necessary personally identifiable information of Lessee to permit Broker to use its
contractual relationships with one or more Cardholders so that they can attempt to add Lessee as an authorized
boost
user to one or more credit card accounts they own. At a minimum, the necessary personal information of Lessee
shall include Lessee’s full legal name, verifiable social security number, date of birth, street address, email address,
telephone number. Lessee additionally agrees to provide to Broker a copy of the Lessee’s state or federal
government issued photo ID, Social Security Administration issued Social Security Card, and the website account
login information for viewing the Lessee’s consumer credit report information.
1. Lessee understands that Broker will submit Lessee’s personal information to a third-party verification system
for the purpose of confirming the accuracy and legitimacy of personally identifiable information provided by
Lessee. By signing this Agreement, Lessee authorizes its submission to the verification process.
2. Lessee grants permission to Broker to receive, digitally store, and transfer any or all of their personally
identifiable information to 3rd parties at the sole discretion of Broker, but only for the purposes outlined in
Section 2 of this Agreement or for the purposes of the collection of monies owed by Lessee to Broker.
3. Broker, at its sole discretion, will utilize multiple 3rd party resources from outside companies to verify the
identity of the Lessee and the validity of the Social Security Number Lessee has provided to Broker. These
resources may require Lessee to provide additional written permissions in order to proceed with the
verification process. Lessee hereby agrees to fulfill all requests for information from Broker and its 3rd party
vendors during this verification process. Lessee understands failure to comply with all such requests will be
considered a material breach of this Agreement and is therefore not subject to either a performance of
services by Broker or a refund of any form.
4. Payment.
Lessee shall pay Broker for each authorized user position Lessee leases from a Cardholder through Broker,
contemporaneous with Lessee’s submission of Lessee’s personal information to Broker. The total amount of the
required payment and the authorized user positions Lessee wishes to lease are set forth on the attached Authorized
User Lease Agreement Addendum (the “Addendum”). This payment shall be made to Broker’s bank account, via
the Broker’s web site, or over the phone with the broker directly, through the use of the Authorize.net “Virtual
Terminal” merchant credit card processing system via the Authorize.net web site. The payment shall be held in
escrow by Broker until Broker receives confirmation that Lessee has been successfully added as an authorized user
to the number of credit card accounts identified in the Addendum
5. Confidentiality.
Except as set forth in, or as needed to implement the terms of, this Agreement, all communications between Broker
and Lessee, whether verbal, written, or otherwise, shall be confidential. Lessee shall not, during the term of this
Agreement or after the termination of this Agreement, disclose any communications between Broker and Lessee to
any third party, except with Broker’s prior written consent. Furthermore, Lessee agrees to refrain from making any
disparaging, slanderous, or defamatory statements, or any statement which can reasonably be construed as
disparaging, slanderous, or defamatory, that may potentially result in harm to Broker’s or its representatives’
financial condition and/or reputation among the public at large. Violation of this provision shall constitute a material
breach of this Agreement. This provision shall survive the termination of this agreement.
6. Assumption of Risk.
Lessee understands and assumes the inherent security risks involved with the provision, delivery or transfer of
Lessee’s confidential information to Broker, regardless of the form of transmission. Although Broker will attempt in
good faith to safeguard and protect Lessee’s confidential and personally identifiable information, Broker cannot
guarantee that this confidential information will not be stolen or accessed by an unauthorized third Accordingly,
Lessee assumes all risk for any breach of confidentiality or security that may occur with respect to the sharing of
Lessee’s confidential information with Broker. Lessee acknowledges and agrees that any actual damage it suffers
as a result of Broker’s intentional or grossly negligent failure to safeguard and protect Lessee’s confidential
information shall be subject to the Limitation of Liability provision set forth in section B.8 below.
7. Duty to Disclose.
Lessee is under a continuing duty to disclose to every potential grantor of credit at the time Lessee applies for credit
from that grantor that (i) Lessee has been added as an authorized user to one or more credit card accounts of one
or more Cardholders; and (ii) Lessee is not a direct family member of the Cardholder(s). Lessee assumes all liability
of any kind if Lessee fails to disclose the above information to a potential grantor of credit. Lessee shall indemnify,
save, and hold Broker harmless from all claims or damages of any kind that may be asserted against Broker by a
potential credit grantor of Lessee because of an alleged failure by Lessee to comply with this provision.
B. RIGHTS, DUTIES AND OBLIGATIONS OF BROKER
1. Addition of Authorized User.
a. Upon receipt of Lessee’s personal information and the payment of the total lease fee set forth in the Addendum,
Broker shall use its best efforts to have Lessee added to one or more credit card accounts as an authorized user by
the Cardholder(s). Lessee acknowledges that Broker must transmit certain of Lessee’s personally identifiable
information to Cardholder(s) for this purpose. Broker will use a secure, authorized web site or encrypted email to
request that the Cardholder(s) add Lessee as an authorized user to one or more credit card accounts owned by
Cardholder.
b. If a Cardholder is able to add Lessee to one or more credit card accounts, then Broker shall retain the lease
payment specified in the Addendum for each authorized user position to which Lessee has been successfully added
and provide email notification to Lessee that Lessee has been successfully added to one or more credit card
accounts as an authorized user.
c. If the Cardholder is unable to add Lessee as an authorized user, Broker retains the right, in its discretion, to
provide Lessee with access to an alternate credit card having age and/or credit limit characteristics that are
substantially similar to the original card, based solely on the retail price of the alternative card, as compared to the
price of the originally purchased tradeline.
d. Should the credit card fail to report to the credit bureaus in the way anticipated by the Broker, Broker retains the
right, in its discretion, to replace the originally leased credit card with an alternate credit card(s) that are
substantially similar to the original card, based solely on the retail price of the alternative card, as compared to the
price of the originally purchased tradeline.
e. In the event that the Cardholder’s account(s) on which Lessee is an authorized user reports to one or more of the
three major credit bureaus as either closed or terminated, the parties acknowledge that each credit bureau
determines whether the payment history for that closed or terminated credit card account will continue to be
calculated into Lessee’s credit score. If the credit limit for a closed or terminated credit card is not calculated into the
score, it may reduce the benefit that a closed or terminated credit card has to the utilization ratio variable in the
credit scoring model. If a credit card reports as closed or terminated prior to the expiration of the lease term, and if
Lessee informs the Broker of such an event prior to the expiration of the lease term, the Broker retains the right, in
its discretion, to replace the originally leased credit card for the balance of the lease term with an alternate credit
card(s) that are substantially similar to the original card, based solely on the retail price of the alternative card, as
compared to the price of the originally purchased tradeline.
f. Broker requires that Cardholders agree that they will not create or maintain a balance on the credit card(s) to
which Lessee is added as an authorized user that exceeds 20% of the credit limit. By signing this Agreement
Lessee acknowledges and agrees that a balance may exist on the credit card account(s) to which Lessee is added
as an authorized user.
2. Transmittal of Written Verification.
If a Cardholder is able to successfully add Lessee as an authorized user to one or more credit card accounts, then
Broker will send written verification of this addition to Lessee. This written verification will be made either by email or
first class mail, postage prepaid, and is typically sent within seven (7) calendar days of Broker’s receipt of notice
from the Cardholder that Lessee has been added as an authorized user.
3. Sharing of the Personal Information of Lessee.
“Personally identifiable information” includes, but is not limited to: the personal name, social security number, email
address if any, street address, and telephone number if any, of Lessee; or, any other information or characteristics
that could be used to identify Lessee. Broker shall not distribute, sell, or otherwise transfer to any third party
(besides the Cardholder(s)) the personal information of Lessee without the prior written consent of Lessee. Broker
shall not use the personal information of Lessee in any way except as authorized by this Agreement. Broker shall
not retain the personal information of Lessee in any files or other recording medium of any kind for more than 90
days following the termination of this Agreement unless Lessee elects to extend or renew the lease term. Disclosure
of the personal information of Lessee by Broker in violation of this provision constitutes a material breach of this
agreement and is just cause for termination.
4. Refund.
In addition to the refund authorized by B.1.c. of this Agreement, Broker shall refund to Lessee all monies it has
received from Lessee if Broker receives verifiable written documentation from Lessee, as well as a legible copy of
the Lessee’s valid Social Security card containing the same Social Security Number submitted by Lessee through
Lessee’s secure web site, that the addition of Lessee as an authorized user on one or more credit card accounts
does not appear on at least one (1) of Lessee’s three (3) credit reports within sixty (60) calendar days following the
first expected reporting date of that credit card account to the credit bureaus.a. Refunds will not be made if Lessee
is unable to prove the validity of a Social Security Administration issued Social Security Number, and no refunds will
be made except as set forth in this provision, subject to Sections 5 and 6 (below) of this Agreement
b. A representative of BoostMyScore.NET must receive written notification from Lessee of any non-reporting
tradelines purchased with the expectation of the tradeline’s history reporting to their credit report(s). This notification
must be received by Broker no more than 14 calendar days following the first expected reporting date of that
tradeline to the Lessee’s credit file(s).
c. In order to qualify for a refund of any kind, the Lessee must provide Broker with a current copy of all three credit
reports at the time that notification is made informing Broker that the tradeline did not appear on at least one (1) of
Lessee’s three (3) credit reports.
d. If Broker is informed of a non-reporting tradeline more than 14 calendar days following the first expected
reporting cycle, and the tradeline does not appear on at least one (1) of Lessee’s credit reports within the (60) day
time frame, Lessee will be subject only to receiving in-store credit equal to the amount paid to Broker by Lessee.
e. A cash refund will not be granted if Broker has not received fair warning, as outlined above, of the failure of a
tradeline’s history reporting to the Lessee’s credit report(s).
5. Termination for Cause.
a. If Broker becomes aware that Lessee has defaulted on a loan or mortgage agreement of any kind during the term
of this Agreement, then Broker shall have the right to immediately terminate all authorized user positions of Lessee
without prior oral or written notice to Lessee.
b. The use of illegitimate, fraudulent or unauthorized information to obtain credit services is immoral and possibly
illegal. This includes, but is not limited to, Lessee’s submission of an alternate Social Security Number, CPN, EIN or
other similar information that is false, fraudulent or unauthorized. Broker shall have the right to immediately and
without prior oral or written notice terminate this Agreement and all services upon discovery of any such use or
submission by Lessee.
c. No refund of any kind shall be made to Lessee for any monies paid by Lessee to Broker in the event of
termination pursuant to this section
6. Termination for Convenience.
Broker may terminate this Agreement for its convenience upon seven (7) calendar days advance written notice to
Lessee. This Agreement and all authorized user positions of Lessee then in effect shall terminate as of the date
specified in the “Written Notice of Termination for Convenience.” Broker will refund a pro rata share of the lease
payment made by Lessee.
7. No Representation, Warranty, or Guarantee.
BROKER DOES NOT EXPRESSLY OR BY IMPLICATION REPRESENT, WARRANT OR GUARANTEE TO
LESSEE THAT (1) THE ADDITION OF LESSEE AS AN AUTHORIZED USER ON ONE OR MORE CREDIT
CARD ACCOUNTS WILL RESULT IN AN IMPROVED FICO CREDIT SCORE FOR LESSEE, OR (2) LESSEE
WILL EITHER BE APPROVED BY OR RECEIVE ANY SPECIFIC TERMS FROM A FUTURE CREDIT GRANTOR.
THE POSITIVE BENEFITS OF BEING ADDED AS AN AUTHORIZED USER CAN BE OFFSET BY FAILING TO
HONOR THE TERMS OF OTHER CREDIT RELATIONSHIPS YOU NOW HAVE, SO IT IS IMPERATIVE THAT
YOU FULFILL ALL SUCH TERMS AND REFRAIN FROM TAKING OTHER ACTION THAT CAN NEGATIVELY
AFFECT YOUR CREDIT STANDING.
8. Limitation of Liability.
The liability of Broker for any type of alleged damage claimed by Lessee because of an alleged material breach of
this Agreement or any other action or omission by Broker, whether in contract, tort or otherwise, shall be limited to
the lease amount paid by Lessee to Broker under this Agreement.
C. LEASE TERM
1. Term of Agreement.
This Agreement shall become effective upon Broker’s receipt of the Agreement signed by Lessee and shall remain
in effect, unless terminated earlier, until the end of the lease term described in C.2 below. This Agreement may be
renewed or extended only with the prior written and mutual consent of both parties to this Agreement.
2. Authorized User Position Lease Term.
Unless renewed or extended by mutual agreement of the parties in accordance with the terms of this Agreement,
the lease term for any authorized user position shall expire (60) calendar days from the First Estimated Monthly
Reporting Date (FEMRD) of the card that Lessee was successfully added to.
a. The FEMRD for the card(s) selected for this purchase can be found at www.BoostmyScore.NET and may be
listed in the attached, “Authorized User Lease Addendum” of this Agreement.
D. ADDITIONAL TERMS
1. Authority to Act.
Each party warrants to the other party that the party possesses actual, legal authority to enter into this Agreement.
Broker warrants to Lessee that Broker has taken all actions required by its procedures, by-laws, and/or applicable
implementing laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this
Agreement on its behalf.
2. Assignment.
Lessee shall not assign any rights of Lessee nor delegate any duties of Lessee under this Agreement without the
prior written consent of Broker.
3. Binding Effect.
Except as otherwise provided for herein, this Agreement shall inure to the benefit of, and be binding upon, the
parties hereto and their respective successors and permitted assigns.
4. Force Majeure.
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in
performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to
Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license),
wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is
affected.
5. Modification and Amendment.
No modification of this Agreement shall be effective unless that modification is agreed to by both parties in writing.
Any such written modification shall become an amendment to this Agreement and shall become effective as of the
date set forth in that written amendment.
6. Representatives and Notice.
For the purpose of this Agreement, the individuals identified below are hereby designated as representatives of the
respective parties to this Agreement for notice purposes.All notices that are required or permitted to be given by the
parties hereunder may be made by: electronic mail; hand delivery; by first class mail, postage prepaid; or, by
certified mail, return receipt requested, to the individuals identified above at the addresses set forth above. Either
party may from time to time designate in writing substitute persons or addresses to which such notices shall be
sent.
For Lessee:
JAQUORY SMITH
1723 moody
Chicago, Il 60639
For Broker:
William Airy
President – BMS, Inc.
7900 E Union Ave Ste 1005-A
Denver, CO 80237
Ph: 1-800-531-1472
Fax: 1-888-285-5974
info@boostmyscore.net
7. Severability.
If any provision hereof is invalid or unenforceable, then, to the fullest extent permitted by law, the other provisions
hereof shall remain in full force and effect and there shall be deemed substituted for the provision at issue a valid,
legal, and enforceable provision as similar as possible to the provision at issue in order to carry out the intentions of
the parties hereto as nearly as may be possible.
8. Waiver.
The failure by any of the parties to enforce at any time, or for any period of time, any one or more of the terms or
conditions of this Agreement, or a course of dealing between the parties, shall not be a waiver of such terms or
conditions or of such party’s right thereafter to enforce each and every term and condition of this Agreement.
9. Venue and Jury Trial Waiver.
The exclusive venue for any action related to disputes arising out of the making, performance or breach of this
Agreement shall be the state courts located within the City and County of Denver, Colorado. THE PARTIES
EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT ANY CLAIM OR ACTION
ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT IS ASSERTED OR COMMENCED IN ANY
COURT.
10. Choice of Law.
This Agreement shall be interpreted in accordance with the laws, rules, and regulations of the state of Colorado
without regard to its conflicts of law principles.
11. Entire Agreement and Integration Clause.
This Agreement integrates the whole of all agreements and understandings of any sort or character between the
parties concerning the subject matter of the Agreement and any other dealings between the parties and supersedes
all prior negotiations, discussions, or agreements of any sort whatsoever, whether oral or written, relating to the
subject matter of this Agreement. There are no representations, agreements, or inducements, except as set forth
expressly and specifically in this Agreement. There are no unwritten, oral, or verbal understandings, agreements, or
representations of any sort whatsoever.
12. Failure to Provide Requested DocumentationIt is the Lessee’s responsibility to provide the Broker with all requested
identification documentation within 24 hours of being requested by the Broker. Examples of this documentation may
include, but are not limited to, copies of the front and back of the Lessee’s Driver’s License, Social Security Card,
functional credit monitoring website login information (to include Lessee’s user ID and password), the Consent
Based Social Security Number Verification Request Form, or any other supplemental documentation that the Broker
may request. Should the Lessee fail to provide the requested documentation to the Broker within 24 hours of being
requested, the Broker may change the Lessee’s First Estimated Reporting Date to the next available Estimated
Monthly Reporting Date. Additionally, the Lessee agrees that at the sole discretion of the Broker, the fee, or a
portion thereof, that the Lessee paid to the broker to be added as an Authorized User to credit card(s) under its
portfolio, may be surrendered to the Broker to compensate the Broker for its loss of use for the spot(s) on each card
the Lessee ordered.”.
E. ELECTRONIC SIGNATURE
“In accordance with the The Electronic Signatures in Global and National Commerce Act (ESIGN, Pub.L. 106–229, 114
Stat. 464, enacted June 30, 2000, 15 U.S.C. ch. 96, you agree that by typing your name or initials into this document, (or
instructing your agent to do so) you are signing this Agreement electronically. You agree your electronic signature is the
legal equivalent of your manual signature on this Agreement. By typing your name into this document, you consent to be
legally bound by this Agreement’s terms and conditions. You further agree that your use of a key pad, mouse or other
device to select an item, button, icon or similar act/action, or to otherwise provide BoostMyScore.NET instructions, or in
accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or
conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually
signed by you in writing. You also agree that no certification authority or other third party verification is necessary to
validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the
enforceability of your E-Signature or any resulting contract between you and BoostMyScore.NET. You also represent that
you are authorized to enter into this Agreement and that you agree to be bound by the terms of this Agreement. You
further agree that each use of your E-Signature in obtaining services from BoostMyScore.NET constitutes your agreement
to be bound by the Electronic Payment Terms and Conditions , which can be found at www.BoostMyScore.NET, as they
exist on the date of your E-Signature.
NOTICE
YOU, THE LESSEE, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH WORKING
DAY AFTER THE DATE YOU SIGN THIS AGREEMENT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM
FOR AN EXPLANATION OF THIS RIGHT.