Terms & Conditions -
Affiliate Program
By signing up
to be an affiliate in the Quintessential
Store Affiliate
Program (the “Program”) you agree to be bound by the following terms and
conditions (the “Terms”). Please ensure that you read them carefully before
signing up. These Terms are a legal agreement between Tsilah Global Resources Ltd, trading under the name and style QUINTESSENTIAL
STORE. A company registered in England and Wales under company number 13903361 and having its registered office at 71-75 Shelton Street, Covent
Garden, WC2H 9JQ London, United Kingdom (“QUINTESSENTIAL STORE”, “we”, “us”) and You (the “Affiliate”, “you”).
We reserve
the right to update and change the Terms from time to time without notice. Any
amendments, modifications, enhancements or changes to the Program including the
release of new features and resources made available by us from time to time
shall be subject to these Terms. Continued use of the Program after any such
changes shall constitute your consent to such changes. You can review the most
current version of the Terms at any time at:https://www.quintessential-store.com/about-us/affiliate-portal/terms-and-conditions
Any violation
of these Terms may result in, among other things, termination or suspension of
your rights to be an Affiliate and forfeiture of any outstanding affiliate
referral fee payments earned during the violation.
Account
Registration & Terms
You must
provide your legal full name, a valid email address, and any other information
requested in order to complete the sign up process for an Affiliate account
(“account”)
You must be
18 years of age or older to join this Program.
Each account
is for use by either a single legal entity (e.g. a company or a partnership) or
an individual user. We do not permit you to share your user name and password
with any other person nor with multiple users on a network. Responsibility for
the security of any user names and passwords issued (including those of any
Invitees) rests with you.
You may not
use the Program for any illegal or unauthorized purpose. You must not, in the
use of the Program, violate any laws in your jurisdiction (including but not
limited to copyright laws).
Referral
Links & Promotion
Once you have
signed up for the Program you will be provided with a URL link that must be
used to identify you when placing a link from your site, email or other
communications to the Easy Project website. It is your responsibility to ensure
each such link is correctly formatted.
We may also
provide graphical images that can be used within the links to promote Quintessential Store Products. You may not modify these
images in any way. We reserve the right to change the images at any time
without notice.
You will be
solely responsible for the development, operation, and maintenance of your site
and for all materials that appear on your site
You may not
use our name or graphics in any bulk email whatsoever unless we have given our
advanced written consent. We may terminate the Agreement if any meaningful spam
complaints naming us or our services result from your marketing activities.
You may not
issue any press release with respect to this Agreement or your participation in
the Program; such action may result in your termination from the Program. In
addition, you may not in any manner misrepresent or embellish the relationship
between us and you, say you develop our Services, say you are part of Quintessential Store Affiliate Program or imply any relationship
between us and you or any other person or entity, except as expressly permitted
by this Agreement.
Referral Fees
For the sale
of a product to be eligible to earn a referral fee, the
customer must click-through a link from your site, email, or other
communications to Quintessential
Store and purchase a product within 30 days of the initial
click-through. If they fail to purchase
a product within those
30 days and later return without following your
link, you will not earn a referral fee.
We will only
pay referral fees on links that are automatically tracked and reported by our
systems. For our systems to track the referral, the visitor must have cookies
enabled. We will not pay referral fees if someone says they purchased a product through you but it was not tracked by our system.
The referral
fee is 50% of our revenue from customers that you refer.
The referral fee will be credited to your Affiliate account once the customer
pays for their purchase. Referral fees are only
earned if a customer makes a payment in full.
Payment
Accrued
referral fees are paid via bank transfer, paypal and cryptocurrencies roughly once every 7 days and only when your accrued referral fees total $50 or more. The Affiliate will then raise an invoice to Quintessential Store for the indicated amount. You must have a valid
bank account, paypal account or cryptocurrency
wallet to receive
referral fees, as we do not offer payment via cheque/check, credit card, cash or other methods.
Customer
payments refunded or payments charged-back due to credit card fraud do not
qualify for referral fees. We may delay crediting of referral fees subject to
risk analysis considerations and Anti-Money Laundering procedures.
A summary of purchases and statement of referral fees is available to the
Affiliate by logging into their Affiliate account.
The referral
fee structure is subject to change at our discretion.
We reserve
the right to disqualify referral fees earned through fraudulent, illegal, or
overly aggressive, questionable sales or marketing methods.
All fees are
exclusive of all taxes, charges, levies, assessments and other fees of any kind
imposed on your involvement in this Agreement and shall be the responsibility
of, and payable by you.
We reserve
the right to check and change commissions on the basis of orders actually paid,
the notification e-mail is not understood as a confirmed commission - this is
only a notification, and every payment will be verified based on real
transactions.
Customer
Definition
Every
customer who buys a product through this program is
deemed to be a customer of Quintessential
store.
Accordingly, all of our rules, policies, and operating procedures concerning
pricing, customer orders, customer service, and products sales will apply to those customers. We may change
our policies and operating procedures at any time. Quintessential Store is not responsible for any representations made by
the Affiliate that contradict our rules, policies or operating procedures.
Pricing &
Availability
We will
determine the prices to be charged for products sold under this Program in accordance with our own
pricing policies. Products prices and availability
may vary from time to time. Because price changes may affect products that you have listed on your site, you should not
display products prices on your site. We
will use commercially reasonable efforts to present accurate information, but
we cannot guarantee the availability or price of any particular product.
Copyrighted
and Trademarked material
You are
solely responsible for ensuring that your reviews, product descriptions and
articles (if applicable at your site) obey all applicable copyright, trademark,
and other laws. Quintessential
Store will not be
responsible if you use another party's copyrighted or trademarked material in
violation of the law.
Term of the
Agreement and Program
The term of
this Agreement will begin upon our acceptance of your Program application and
will end when terminated by either party. Either you or we may terminate this
Agreement at any time, with or without cause, by giving the other party notice
of termination. Notice by e-mail, to your address on our records, is considered
sufficient notice to terminate this Agreement. Quintessential Store reserves the right to end the Program at any time.
Upon Program termination, Quintessential
Store will pay any
legitimate outstanding earnings.
Termination
Quintessential Store, in its sole discretion,
has the right to suspend or terminate your account and refuse any and all
current or future use of the Program, or any other Easy Software service, for
any reason at any time. Such termination will result in the deactivation or
deletion of your Affiliate Account, and the forfeiture and relinquishment of
all potential or accrued referral fees in your Account if they were earned
through fraudulent, illegal, or overly aggressive, questionable sales or
marketing methods. Easy Software reserves the right to refuse service to anyone
for any reason at any time. Upon the termination of this Agreement for any
reason, you will immediately cease use of, and remove from your site, all links
to the Easy Project website and all our images and other materials provided
under the Program
Relationship
of Parties
You and we
are independent contractors, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales representative, or
employment relationship between the parties. You will have no authority to make
or accept any offers or representations on our behalf. You will not make any
statement, whether on your site or otherwise, that reasonably would contradict
anything in this Agreement.
Limitations
of Liability
The Company
and any of the Company's officers, directors, employees, shareholders or agents
of any of them, exclude all liability and responsibility for any amount or kind
of loss or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages, or
any loss of income, profits, goodwill, data, contracts, use of money, or loss
or damages arising from or connected in any way to business interruption, and
whether in tort (including without limitation negligence), contract or
otherwise) in connection with this Program.
Nothing in
this legal notice shall exclude or limit the Company's liability for:
(a) death or
personal injury caused by negligence (as such term is defined by the Unfair
Contract Terms Act 1977; or
(b) fraud; or
(c)
misrepresentation as to a fundamental matter; or
(d) any
liability which cannot be excluded or limited under applicable law.
If your use
of material provided under this Program results in the need for servicing,
repair or correction of equipment, software or data, you assume all costs
thereof. The Company’s maximum aggregate liability under or in connection with
these Terms, or any collateral contract, whether in contract, tort (including
negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the
aggregate amount which we are obliged to pay you in the twelve (12) month
period immediately prior to the period giving rise to such Claim.
Arbitration
Any dispute
relating in any way to this Agreement (including any actual or alleged breach
hereof), any transactions or activities under this Agreement or your
relationship with us or any of our affiliates shall be submitted to
confidential arbitration in England and Wales. Arbitration under this agreement
shall be conducted under the rules then prevailing of the England and Wales
Arbitration Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
Notice
All notices
given by you to us must be given to Quintessential
Store at support@quintessential-store.com. We may give notice to you
at the e-mail address you provided to us when registering. Notice will be
deemed received and properly served 24 hours after an e-mail is sent. In
proving the service of any notice, it will be sufficient to prove in the case
of an e-mail, that such e-mail was sent to the specified e-mail address of the
addressee.
Events
outside our control
We will not
be liable or responsible for any failure to perform, or delay in performance
of, any of our obligations hereunder that is caused by events outside our
reasonable control (a “Force Majeure Event”).
A Force
Majeure Event includes any act, event, non-happening, omission or accident
beyond our reasonable control and includes in particular (without limitation)
the following:
(a) strikes,
lock-outs or other industrial action;
(b) civil
commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
(whether declared or not) or threat or preparation for war;
(c) fire,
explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d)
impossibility of the use of public or private telecommunications networks;
(e) the acts,
decrees, legislation, regulations or restrictions of any government.
Our
performance is deemed to be suspended for the period that the Force Majeure
Event continues, and we will have an extension of time for performance for the
duration of that period. We will use our reasonable endeavors to bring the
Force Majeure Event to a close or to find a solution by which our obligations
under these Terms may be performed despite the Force Majeure Event.
Waiver
If we fail,
at any time to insist upon strict performance of any of your obligations under
these Terms, or if we fail to exercise any of the rights or remedies to which
we are entitled hereunder, this shall not constitute a waiver of such rights or
remedies and shall not relieve you from compliance with such obligations.
A waiver by
us of any default shall not constitute a waiver of any subsequent default.
No waiver by
us of any of these Terms shall be effective unless it is expressly stated to be
a waiver and is communicated to you in writing.
Severability
If any of
these Terms are determined by any competent authority to be invalid, unlawful
or unenforceable to any extent, such term, condition or provision will to that
extent be severed from the remaining terms, conditions and provisions which
will continue to be valid to the fullest extent permitted by law.
Entire
agreement
These Terms
and any document expressly referred to in it represents the entire agreement
between us in relation to the use of the Program and supersedes any prior
agreement, understanding or arrangement between us, whether oral or in writing.
We each
acknowledge that, in entering into these Terms, neither of us has relied on any
representation, undertaking or promise given by the other or be implied from
anything said or written in negotiations between us prior to entering into
these Terms except as expressly stated herein.
Neither of us
shall have any remedy in respect of any untrue statement made by the other,
whether orally or in writing, prior to the date we entered into these Terms
(unless such untrue statement was made fraudulently) and the other party's only
remedy shall be for breach of contract as provided in these Terms.
Governing law
and jurisdiction
This legal
notice shall be governed by and construed in accordance with English law.
Disputes arising in connection with this legal notice shall be subject to the
exclusive jurisdiction of the English Courts.