This general agreement is between you (the “Affiliate”) and Q-Link Products (Q-Link). It contains and sets forth the complete terms and agreements of the Q-Link affiliate program (this “Agreement” or “Affiliate Agreement”). Please read carefully and be sure to strictly abide by each point in order to keep your account in good standing. Please pay extra attention to the first 5 points. Failure to adhere to these and other 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 as of the date of notice of termination from either you or Q-Link.
1. Q-LINK AFFILIATES MAY NOT MAKE RETAIL PURCHASES ON ANY OFFICIAL Q-LINK WEBSITE USING THEIR OWN AFFILIATE REFERRAL URL/LINK; ANY COMMISSIONS AWARDED OR PAID TO AN AFFILIATE UNDER SUCH CIRCUMSTANCES WILL BE VOIDED, AND, IF APPROPRIATE, WILL BE REIMBURSED TO Q-LINK RETROACTIVELY OR OTHERWISE CREDITED.
2. Q-LINK AFFILIATES MAY NOT DISTRIBUTE WEBSITE COUPONS OR PROMOTIONAL CODES (WHICH PROVIDE PRICE REDUCTIONS OR OTHER SPECIAL OFFERS DURING CHECKOUT), UNLESS THOSE DISCOUNT CODES WERE SPECIFICALLY ISSUED TO THEM AS PER PARAGRAPH 3 OF THESE TERMS AND CONDITIONS; ANY COMMISSIONS AWARDED TO AN AFFILIATE UNDER SUCH CIRCUMSTANCES WILL BE VOIDED, AND IF APPROPRIATE, WILL BE REIMBURSED TO Q-LINK RETROACTIVELY OR OTHERWISE CREDITED. IF YOU HAVE ANY QUESTIONS AS TO WHETHER A COUPON CODE IS VALID FOR YOU TO DISTRIBUTE OR UTILIZE, PLEASE CONTACT US.
3. Q-LINK AFFILIATES MAY ONLY SHARE WEBSITE COUPONS OR PROMOTIONAL CODES, AS SPECIFIED IN PARAGRAPH 2 OF THESE TERMS AND CONDITIONS, THAT THEY HAVE RECEIVED EXCLUSIVELY VIA THE OFFICIAL Q-LINK AFFILIATE PROGRAM. IF YOU HAVE ANY QUESTIONS AS TO WHETHER A COUPON CODE IS VALID FOR YOU TO DISTRIBUTE OR UTILIZE, PLEASE CONTACT US.
4. AFFILIATE MAY NOT EMBED, UTILIZE OR EMPLOY ANY WEBSITE COUPON CODES OR THEIR Q-LINK AFFILIATE REFERRAL URL/LINK IN OR ON ANY TYPE OF PAID OR UNPAID SEARCH ENGINE ADVERTISING, LISTINGS OR THE LIKE, OR ON COUPON CODE WEBSITES/PLATFORMS. ANY COMMISSIONS AWARDED TO AN AFFILIATE UNDER THESE OR SIMILAR CIRCUMSTANCES WILL BE VOIDED, AND, IF APPROPRIATE, WILL BE REIMBURSED TO Q-LINK RETROACTIVELY OR OTHERWISE CREDITED. IF YOU HAVE ANY QUESTIONS REGARDING WHERE YOU MAY OR MAY NOT UTILIZE COUPON CODES OR YOUR REFERRAL URL/LINK, PLEASE CONTACT US. AFFILIATE MAY NOT UTILIZE OR LEVERAGE ANY FORM OF INTERNET ADVERTISING, PAID OR OTHERWISE, WHICH USES OR INCORPORATES A Q-LINK TRADEMARK AS A KEYWORD TO DRIVE TRAFFIC TO THEIR WEBSITE, SOCIAL MEDIA OR ANY OTHER VIRTUAL PLATFORM OR PROPERTY (SEE ALSO PARAGRAPH 9).
5. AFFILIATES SHOULD MARKET THEIR UNIQUE REFERRAL LINK(S) AND SPECIAL ISSUED DISCOUNT CODES TO THEIR OWN QUALIFIED EMAIL DATABASE(S)/FOLLOWERS/ 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, EMPLOY OR SHARE YOUR AFFILIATE URL/CODES, PLEASE 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. We strongly recommend that you use that same disclaimer in your materials or obtain our written approval prior to publishing any materials not provided or expressly approved in writing by Q-Link.
7. We reserve the right to accept or reject any affiliate submission or application that we review. Q-Link will exercise complete discretion during the decision-making process and may decide to decline any application for any reason or for no reason at all..
8. All affiliates are required to be of legal age to enter into an Affiliate 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, OASYS and Acrylic Pendant. If we determine that you have engaged in any of the above prohibited activities, we may, at our sole discretion, withhold any commissions otherwise payable to you under this Affiliate Agreement and/or terminate this Agreement.
10. Affiliates agree never to market Q-Link products in any way or manner that is inconsistent with or 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”, or by making any claims whatsoever which we do not. 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, PLEASE CONTACT US.
11. An Affiliate account may be cancelled by Q-Link at any time for any reason whatsoever, including without limitation for the following: slander, misrepresentation, spamming, posting of affiliate code on inappropriate websites or those we feel may bring us disrepute.
12. Affiliates may cancel their account or terminate the Affiliate Agreement with Q-Link at any time and for any reason upon providing us with written notice. Notwithstanding termination, however, the affiliate agrees that the provisions related to the non-use of Q-Link marks (paragraph 9) shall survive such termination.
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 by customers on the Q-Link website become customers of Q-Link. Affiliate will not have access to any customer’s account information, contact information, and are not permitted to communicate with the customer regarding 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 the relationship between the parties to be interpreted as making any representation or endorsement by Q-Link of such affiliate, other than its status as such.
17. The use of Q-Link’s affiliate links, or links referring to a particular affiliate link is strictly prohibited to be used via 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 retains sole discretion as to what is considered “inappropriate use” and Q-Link 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 but not more than 365 days. After this cookie expires, the affiliate-referred visitor must come back to the affiliate’s website and proceed to click a link in order for an affiliate commission to be earned. Under normal circumstances and though subject to change without notice, 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 or IP 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 commissions on sales lost through high-security settings, firewall parameters, or any other settings or equipment or circumstances 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 circumstances beyond our control. Affiliates are solely responsible for ensuring that their affiliate URL or code has been properly implemented wherever it is being utilized.
22. Commission payouts meeting the minimum $100 payout threshold will be distributed in USD to the PayPal email address provided at registration within the first week of each month, subject to the following policies: Commission payouts are delayed 90 days from the date of each referred sale/transaction, as this is the period of time customers have to return Q-Link products under Q-Link's official 90-Day Money Back Guarantee. Affiliate referred orders that are returned by customers for a partial or full refund will therefore result in either a cancellation (non-payment) of those commissions or will be applied against future commission payouts.
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 charges.
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 solely for the purpose of advertising the Q-Link website.
27. The IRS requires us to file appropriate 1099 tax forms for contracted business services and commissions paid to affiliates in excess of $600; therefore, all affiliates are required to provide a social security number or tax ID number. 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, disclose, trade or otherwise share your account information with any organization outside of Q-Link.
29. Q-Link does not make any guarantees regarding the commissions affiliates will be able to earn.
30. Affiliates shall use proper grammar and punctuation whenever promoting or advertising the Q-Link brand. Note that the brand “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 expressly agreed 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 or law. Q-Link reserves the right to revise its 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.