By signing up to be an affiliate ("Affiliate") in the Qfuse Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Qfuse reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. 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 of Service at any time at: http://www.qfuse.com/affiliates/terms.
Violation of any of the terms below will result in the termination of your Affiliate Account ("Account") and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Account Terms
- You must be a human of at least 18 years of age. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested including, but not limited to, your Social Security Number or Employer Identification number in order to complete the sign up process.
- You may not use the Affiliate 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.
- You may not use the Affiliate Program to earn money on your own Qfuse accounts (i.e. no self-referrals).
Customer Definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product 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 product 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.
Identifying Yourself as a Qfuse Affiliate
You may not issue any press release with respect to these Terms of Service 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 products, say you are part of Quick Fuse Media LLC, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by these Terms of Service (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
Your Responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Ensuring the display of Special Links (e.g. "affiliate links") on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) and that you are the owner or are licensed to use the entire contents contained on your site
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers
- Ensuring that you are not committing any fraudulent activities that include, but are not limited to, intentionally attempting to create sales or "click-throughs" using robots, scripts, or manually "refreshing" of pages for the purpose of generating commissions
Payment
You receive the commission from Qfuse. Payments are made automatically on the fifteenth (15th) day of each month when your Account balance reaches $100 USD or more for the previous months' transactions. Money credited to your account does not accrue interest.
If an order is later refunded to the customer or charged back by the customer, or if a customer's check does not clear, the commission, and any affiliate charge back fees, will be deducted from the next monthly payment sent to you.
All affiliate payments will be paid through PayPal™ using the affiliate's PayPal™ associated email address.
Recurring Commissions and Cookie Duration
The commission is a percentage of the hosting and licensing fees ("Subscriptions") that the customer has paid to Qfuse for up to a maximum of 12 months. Sale of custom solutions, manual configuration, or other non-hosting and/or licensing products are ineligible for affiliate commissions. Commissions are only earned if a customer makes a payment. If they cancel their account within the 30-day return period you will not be eligible for any commission.
For a Product sale to be eligible to earn a commission fee, the customer must sign-up for a Qfuse account within 30 days of getting to a Qfuse page through an affiliate link from your site, email, or other communications and make first payment as part of an upgrade to a paid account (i.e. Standard, Plus, or Pro account, herein referred to as "Premium") within 60 days of signing up. Commission can only be earned for customers that sign up for a Premium account or if a customer upgrades to a Premium account and makes first payment within 60 days of signing up.
If at any point Qfuse does not collect fees from the affiliate referred customer, the referring affiliate will become ineligible to receive commission for any future fees collected from the customer.
Commissions will be void for customers that ask for refunds or credits for the first month's bill. We reserve the right to disqualify commissions and terminate affiliate accounts for affiliates that repeatedly refer customers that ask for refunds or credits.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Commission Structure
There are two tiers to the Program. The first tier ("Gold") is available to all approved Affiliates and includes a 20 percent referral commission on Subscriptions for up to a maximum of 12 months. Affiliates will automatically be upgraded to the second affiliate tier ("Platinum"), effective the following payment period, upon reaching a monthly commission payout of $100 USD or more. This upgrade will not be retroactive and its perpetuation is contingent on an Affiliate's ability to consistently maintaining a monthly commission payout of $100 USD or more. Should a Platinum affiliate’s monthly payout drop below $100 USD a one-month "grace period" will go into effect for the following month. If an affiliate is unable to increase their monthly commission payout to $100 USD during this grace period they will automatically be downgraded to a Gold affiliate and will forgo the higher commission payout percentage and all commissions from sub-affiliates.
The Platinum tier includes a 25 percent referral commission on Subscriptions and allows Program participants to maintain one level of sub-affiliates under their affiliate accounts. Platinum affiliates will earn a 25 percent commission on the commissions generated by the sub-affiliates in a manner that is subject to the same Terms as commissions generated by the Affiliate themselves.
Gold affiliates are ineligible to have sub-affiliates unless they have been downgraded from Platinum status. In this unlikely event, a Gold affiliate with sub-affiliates will forgo commissions payouts from their sub-affiliates activities until they return to Platinum status.
Commission structure is subject to change at our discretion. We will notify all Affiliates 30 days prior to a commission structure change. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure.
Trademark and Search Engine Marketing
Qfuse™ is a trademark of Quick Fuse Media LLC.
Affiliates are prohibited from bidding on trademarked/branded terms, as well as misspellings/variations thereof, including, but not limited to: Qfuse, qfuse.com, www.qfuse.com, and Quick Fuse Media. Use of trademarked/branded terms in longtail keywords is also restricted, but may be allowed with permission. For inquiries or to request permission, please contact the account manager at [email protected].
Affiliates may not use qfuse.com or www.qfuse.com as the display URL in any search ad. The use of Qfuse.com or any variation is allowed in the display URL in search ads ONLY after the root URL (e.g. www.affiliatesite.com/qfuse).
Affiliates must not use any illegal, deceptive or misleading claims in ad copy. Affiliates are also prohibited from including the phrase "Official Site", official language, or trademark symbols in ad copy. Affiliates may not include Qfuse or any misspelling or variation in ad copy.
Affiliates are prohibited from direct linking.
Affiliates MAY NOT bid on any trademarked terms, or variations or misspellings of those terms. Any other terms are free to be bid on. Affiliates MAY NOT link directly from an ad to any page on our site and they MAY NOT use our site URL as the display URL, however, both of these restrictions are open to negotiation for top performing affiliates. If you have any questions regarding a planned campaign, feel free to contact the account manager at [email protected].
Website Content and Domain Names
Affiliates may not register or purchase domain names including the term Qfuse or any misspellings or variations. Affiliates promoting Qfuse in this manner will immediately be removed from the Qfuse Affiliate Program and all associated transactions will be reversed. Qfuse may not be used as a subdomain (e.g. qfuse.example.com), however, it may be used as a directory of your domain (e.g. www.example.com/qfuse).
Affiliates may not promote Qfuse on websites that contain any form of misleading, defamatory, obscene, adult, bigoted, illegal, software, spiderweb marketing or any other content deemed offensive by Qfuse. Qfuse will also not accept applications that include non-working websites, blogs without content, or parked domains.
Coupons and Promotional Codes
Affiliates may only use active coupons and promotional codes that are provided exclusively through the Qfuse Affiliate Program.
Affiliates are not permitted to promote coupon or promotional codes from Qfuse’s non-affiliate program marketing efforts, such as email promotions.
Affiliates are not permitted to promote coupon or promotional codes that are exclusively offered to other affiliates (exclusive/vanity codes).
Affiliates are not permitted to alter coupon or promotional terms to mislead customers. If the coupon or promotional code has an expiry date, the date must be clearly stated.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the United States CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of these Terms of Service will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Terms of Service at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of these Terms of Service for any reason, you will immediately cease use of, and remove from your site, all links to any Product Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Qfuse reserves the right to end the Program at any time. Upon program termination, Qfuse will pay any eligible outstanding earnings.
Termination
Qfuse, 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 Qfuse service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Qfuse reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in these Terms of Service 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 Section.
Qfuse reserves the right to refuse to do business with anyone, at any time, for any reason.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with these Terms of Service or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to these Terms of Service and the Program will not exceed the total referral fees paid or payable to you under these Terms of Service.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Qfuse sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THESE TERMS OF SERVICE OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THESE TERMS OF SERVICE.
Miscellaneous
These Terms of Service constitutes the entire agreement between you and Quick Fuse Media LLC and govern your use of the Service, superseding any prior agreements between you and Quick Fuse Media LLC (including, but not limited to, any prior versions of the Terms of Service).
