Q-Link Affiliate Program Terms & Conditions V:082918
This general agreement is between you (the Affiliate) and Q-Link. It contains the complete terms and agreements of the Q-Link affiliate program. Please read and carefully abide by each point in order to keep your account in good standing. Pay extra attention to the first 5 points. Failure to adhere to these terms and conditions may result in forfeited commissions and/or account termination.
Please note that “we”, “us”, and “our” refers to Q-Link and “you”, “yours”, “your” refers to the applicant. The term of this agreement will begin once you are accepted into the Q-Link Affiliate program and will end upon notice of termination from either you or Q-Link.
1. Q-LINK AFFILIATES THEMSELVES MAY NOT MAKE RETAIL PURCHASES ON ANY OFFICIAL Q-LINK WEBSITE USING THEIR OWN AFFILIATE REFERRAL URL/LINK; ANY COMMISSIONS AWARDED TO AN AFFILIATE UNDER SUCH CIRCUMSTANCES WILL HAVE SAID COMMISSION(S) VOIDED, RETROACTIVELY OR OTHERWISE. 2. Q-LINK AFFILIATES MAY NOT DISTRIBUTE WEBSITE COUPON OR PROMOTIONAL CODES (WHICH PROVIDE PRICE REDUCTIONS DURING CHECKOUT), UNLESS THOSE DISCOUNT CODES WERE SPECIFICALLY ISSUED TO THEM AS PER POINT 3 BELOW; ANY COMMISSIONS AWARDED TO AN AFFILIATE UNDER SUCH CIRCUMSTANCES WILL HAVE SAID COMMISSION(S) VOIDED, RETROACTIVELY OR OTHERWISE. IF YOU HAVE ANY QUESTIONS AS TO WHETHER A COUPON CODE IS VALID FOR YOU TO DISTRIBUTE, CONTACT US. 3. AFFILIATES MAY DISTRIBUTE WEBSITE COUPONS OR PROMOTIONAL CODES THEY HAVE RECEIVED EXCLUSIVELY VIA THE OFFICIAL Q-LINK AFFILIATE PROGRAM/WEBSITE. IF YOU HAVE ANY QUESTIONS AS TO WHETHER A COUPON CODE IS VALID FOR YOU TO DISTRIBUTE, CONTACT US. 4. AFFILIATE MAY NOT EMBED, UTILIZE OR EMPLOY THEIR AFFILIATE REFERRAL URL/LINK IN OR ON ANY TYPE OF PAID OR UNPAID SEARCH ENGINE ADVERTISING OR ON COUPON CODE WEBSITES/PLATFORMS; ANY COMMISSIONS AWARDED TO AN AFFILIATE UNDER THESE OR SIMILAR CIRCUMSTANCES WILL HAVE SAID COMMISSION(S) VOIDED, RETROACTIVELY OR OTHERWISE. IF YOU HAVE ANY QUESTIONS REGARDING WHERE YOU MAY OR MAY NOT UTILIZE YOUR REFERRAL URL/LINK, CONTACT US. 5. AFFILIATES SHOULD MARKET THEIR UNIQUE REFERRAL LINK(S) AND SPECIAL ISSUED DISCOUNT CODES TO THEIR OWN QUALIFIED EMAIL DATABASE(S)/FOLLOWINGS/ CONTACTS, IN THEIR OWN SOCIAL MEDIA CIRCLES, BY WORD OF MOUTH, IN APPROVED PRINT MEDIA SUCH AS Q-LINK AFFILIATE BUSINESS CARDS, AND ON THEIR OWN PERSONAL AND/OR BUSINESS WEBSITES. IF YOU HAVE ANY QUESTIONS REGARDING WHERE YOU MAY OR MAY NOT MARKET YOUR AFFILIATE LINKS/CODES, CONTACT US. 6. Affiliates are strictly prohibited from making any medical or health claims whatsoever, because Q-Link products are NOT medical devices, and are not intended to diagnose, treat or cure any disease or medical condition whatsoever. For further information, please see our disclaimer and please contact us if you have any questions at all, and we strongly recommend that you use that same disclaimer in your materials or obtain our written approval prior to publishing any materials not provided by Q-Link. 7. We reserve the right to accept or reject any affiliate we review. Q-Link will exercise its own discretion during the decision-making process and may decide to decline any application we see as necessary. 8. All affiliates are required to be of legal age to enter into a contractual agreement. 9. Affiliates may not incorporate Q-Link trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from Q-Link. Furthermore, Q-Link Affiliates may not use or incorporate Q-Link trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without prior and express written permission from Q-Link. Q-Link marks include but are not limited to: Q-Link, QLink, Q-Link Pendant, QLink Pendant, SRT, SRT2, SRT-2, SRT3, SRT-3, Sympathetic Resonance, Sympathetic Resonance Technology, Resonance Technology, Clarus, CLEAR, Q-Link CLEAR, QLink CLEAR, MINI, Nimbus, Stratus, Life Optimizer, Optimizer and Acrylic Pendant. If we determine that you have engaged in any of the above activities, we may, at our sole discretion, withhold any commissions otherwise payable to you under this Agreement and/or terminate this Agreement. 10. Affiliates agree never to market Q-Link in any way or fashion that is contradictory to Q-Link’s own descriptions and terminologies, including but not limited to the use of terms such as “pain”, “cancer”, “medical”, “heal”, “treat”, “cure”, “block” or “shield”. If we determine that you have done so, we may, at our sole discretion, withhold any commissions otherwise payable to you under this Agreement and/or terminate this Agreement. IF YOU HAVE ANY QUESTIONS REGARDING ACCEPTABLE TERMINOLOGY OR ADVERTISING PRACTICES, CONTACT US. 11. An Affiliate account may be cancelled by Q-Link at any time for any reason we feel appropriate. Reasons may include slander, misrepresentation, spamming, posting of affiliate code on inappropriate websites or those we feel may bring us disrepute. 12. Affiliates may cancel their account with Q-Link at any time and for any reason. 13. Affiliate accounts and/or commissions are non-transferable. The affiliate account will belong to the original registered owner until such time as the account is canceled by either party. 14. Select links, graphics, banners and account management information are provided to the affiliate upon their acceptance into the program. Affiliates wishing to utilize other graphics or banners shall submit them to Q-Link for approval. Q-Link may at any time refuse any particular link, text or referring graphic used to forward a viewer to the Q-Link website. 15. Affiliate referred orders placed on the Q-Link website become a customer of Q-Link. Affiliate will not have access to the customer’s account information, contact information, and are not permitted to communicate with the customer in regards to their orders placed with Q-Link. Q-Link is responsible for all customer service, fulfillment, processing, shipping and after-order inquiries made with the customer. 16. This agreement does not constitute a joint venture, partnership, franchise, or other representative business of Q-Link. The affiliate is being paid as an independent contractor and in no way is this to be interpreted as representation or endorsement by Q-Link. 17. The use of Q-Link’s affiliate links, or links referring to a particular affiliate link is strictly prohibited through the use of junk mail, e-mail server programs, spam, hit distribution networks, pay-per-click programs, or through mass distribution in chat rooms or other like channels. Q-Link shall hold sole discretion on what is termed as “inappropriate use” and may at any time close an account if we receive information on inappropriate use. 18. The cookie period for the Q-Link affiliate program is at least 90 days and not more than 365 days. After this cookie expires, the referred visitor must come back to the affiliate’s website and proceed to click a link for commission to be earned. Affiliates that referred a successful order in the past will receive future commissions if that same customer returns to our site and places subsequent orders, as long as that customer is using the same email address as the original order. 19. Commissions may not be reported or recorded by referred visitors who have set their cookie protection settings to a high standard which may block and prevent the necessary cookies from being installed thus preventing the accrual of commissions. Q-Link is not responsible for sales lost through high-security settings, firewall parameters, or any other settings or equipment which prevent the necessary cookies from being installed. 20. Affiliates are solely responsible for the development, operation, maintenance and technical operation of their sites including all materials that appear on their sites and related equipment. 21. Q-Link will not be responsible for lost commissions due to improper coding or inoperative links. Q-Link is also not responsible for sales lost through technical issues, such as, service outages, service interruptions, website updates, server updates or other uncontrollable circumstances. Affiliates are solely responsible for ensuring their affiliate code has been properly implemented wherever it is being utilized. 22. All commission payouts will be distributed in USD to the PayPal email address provided at registration within the first week of each month. 23. Affiliate commissions are 20% of the product only total (unless otherwise expressly agreed upon in writing), after discounts are calculated (if any), and excluding any taxes or shipping collected. 24. Commissions may be voided within your account for reasons we will feel are appropriate and can be the result of fraudulent orders, excessive clicks from the same IP address, declines from the referred customer’s credit card, etc. 25. In the event we receive and process an Affiliate referred order found to be illegitimate and fraudulent, we will cancel the order entirely and reduce your commission accordingly. Q-Link reserves the right to decide whether or not a viewer from your site will be serviced, sold to or otherwise catered to. 26. Q-Link grants Affiliate a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos, and HTML used solely for the purpose of advertising the Q-Link website. 27. The IRS requires us to submit a 1099 tax form for contracted business services, and Affiliates are required to provide a social security number or tax ID number if they have accrued over $600.00 dollars in commission payouts in any calendar year. In the event that an affiliate fails to provide this information on request, their account will be terminated. 28. Your privacy is a priority at Q-Link. We will not sell, disperse, trade or otherwise share your account information to any organization outside of Q-Link. 29. Q-Link does not make any guarantees regarding the commissions Affiliate may be able to earn. 30. Affiliates shall use proper grammar and punctuation in conjunction with advertising the Q-Link brand. Furthermore, the term “Q-Link” is always spelled with a capital “Q”, followed by a connected hyphen, followed by a connected and capitalized “L”, followed by a connected lowercase “ink” and the ® Registered mark. 31. Unless otherwise agreed to in writing, Q-Link reserves the right to terminate permission to copy, reproduce, or display the Q-Link trademarks and to demand that the Q-Link trademarks cease to be used at any time, in its sole discretion. Q-Link reserves the right to object to unfair uses or misuses of its Q-Link trademarks and other violations of law, as well as uses that Q-Link in its sole discretion deems unlawful or improper, even if such use is not expressly prohibited by these Guidelines. Q-Link reserves the right to revise these Policies and Guidelines at any time, without notice. 32. Warranty Limitations/Damages Disclaimer: EXCEPT FOR OUR MONEY-BACK GUARANTEE AND LIMITED WARRANTY, ALL WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING EXPRESS, IMPLIED AND STATUTORY, ARE HEREBY DISCLAIMED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE ALSO HEREBY DISCLAIMED. NEITHER Q-LINK PRODUCTS NOR ITS OFFICERS, AGENTS, EMPLOYEES, LICENSEES, REPRESENTATIVES OR AFFILIATED COMPANIES, SHALL BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.