Terms of Use and Service
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM MADE UNDER THIS AGREEMENT.
Overview
This Agreement contains the terms and conditions that are necessary for becoming an affiliate in Urquid, Inc.’s (“Urquid,” “we,” “us,” or “our”) Affiliate Program. This Affiliate program uses an HTML link that we will provide to you (“Affiliate(s), “you,” “your,” and “yours”) at the time of approval for you to share on your website.
Approval or Rejection of Affiliates
We are looking for creators that have a large following with high engagement on their social media accounts. Please submit using our online form and we will evaluate our submission. We will activate your submission if we, in our sole discretion, decide to accept it. We can only accept affiliates from USA/Canada.
We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
Conversion Tracking for Affiliates
Once approved, you will have access to your Personal Partner/Affiliate Dashboard. This is where you will be able to access your referral link, link generator, orders, payments, and more. You may also be assigned a special extension code to be added to the end of any URL link on our website to connect purchases to your affiliate account. We will track conversions through your referral link. This means that if a customer clicks your link to our website and completes a purchase, that conversion will be tracked to your affiliate account. If a customer both clicks on the affiliate link and uses coupon code, you will not receive a double commission. If you are not assigned a branded coupon, then you are not allowed to promote the coupon.
Commission Earned
Bloggers/YouTubers/Instagram/Facebook/Twitter – You’ll receive 10% commission from your referral links per successful purchase.*
Coupons/Discounts/Shopping/Price Comparison Websites - Not in consideration at this time.
*No commission will be received if the customer pays the order with a gift card/store credit in any amount.
Payment to Affiliates
Payments are sent directly to the third party you choose through the platform, such as PayPal. Please be sure you enter a valid payment address when you register a payment method.
Payments are typically made the 1st week of the following month after you have reached the minimum payment sum of $100. For example, commissions earned during the month of April, will be paid the 1st week of June (not May). This allows time for any adjustments due to order cancellations, changes & returns, which would void the commissions earned, to settle.
If a customer cancels a product or an order, the commission amount will be deducted from your running monthly total.
Referral by Affiliates
Yes, you can! Simply refer an affiliate with your Affiliate Referral link under the Network tab and you’ll earn 30% of his or her EARNINGS (NOT SALES) for the lifetime they are our affiliate.
LIMITATIONS OF LIABILITY
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
Termination of Affiliates
We may, in our sole discretion, decide to cancel your submission at any time without cause. In addition, if we determine in our sole discretion that you have been violating our terms of service, abusing our affiliate system, or using third party programs/applications/websites to collect undeserved earnings, your account may be shut down immediately and you will forfeit any unpaid earnings. This decision will be at our sole discretion and will be final with no recourse.
Affiliates Are Independent Contractors
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship with you. 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 website or any other platform, that would contradict this Agreement or reflect negatively on our company.
Non-Exclusive License
By signing up for our Affiliate Program, you grant us a non-exclusive, world-wide, royalty-free, perpetual, and irrevocable right and license to the content that you create in connection with or for purposes of our Affiliate Program. This non-exclusive license includes the right for us to copy, distribute, post, use, and display the content, including on our website, printed and electronic promotional materials, and social media accounts. Further, you give us a non-exclusive, world-wide, royalty-free, perpetual, and irrevocable right and license to tag or mention you in our social media posts and captions.
Activity Restrictions on Affiliates
You are free to promote your own websites, but any promotion that mentions us or our services could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by us. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (“UCE”), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once.
In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote our products, so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote our products, so long as the news group specifically welcomes commercial messages.
At all times, you must clearly represent yourself and your websites as independent from us. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in our Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Affiliates that commit trademark violations will be banned from our Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited our website (i.e., no page from our site or any of our content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of our website in IFrames, hidden links and automatic pop ups that open our website; (d) targets text on websites, other than those websites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on websites 100% owned by the owner of the application.
Disclaimer
We make no express or implied representations or warranties regarding our website, services, or products. We make no representation that the operation of our website will be uninterrupted or error fee, and we will not be liable for any consequences resulting from interruptions or errors.
No Assignment
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
Modification of Agreement
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and our Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in our Affiliate Program following the posting of the change notice or new Agreement on our website will serve as your agreement to the changes.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws and principles thereof, and you consent to personal jurisdiction in Los Angeles, California for any dispute, claim, or suit relating to this Agreement.
Entire Agreement
This Agreement represents the entire agreement between the parties, and shall supersede all prior agreements and communications of the parties, oral or written. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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