FutureQuest Affiliates User Agreement
Thank you for your interest in the FutureQuest Affiliate Program!
Please take the time to read the following terms and conditions that apply to your participation in our program. You must have a thorough understanding, and agree to these conditions in order to participate. Should you have any questions, after reading this agreement, feel free to contact us.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FUTUREQUEST, INC. ("FutureQuest") AND BY SUBMITTING AN APPLICATION TO THE FUTUREQUEST, INC. AFFILIATE PROGRAM YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR ALL TERMS AND CONDITIONS.
This Agreement contains the complete terms and conditions that apply to you as an affiliate in FutureQuest's Affiliate Program. The purpose of this Agreement is to allow commission payments to be earned by placing links to FutureQuest's web site on your web site. Throughout this Agreement, "we," "us," and "our" will mean FutureQuest Inc., and "you," "your," and "yours" will mean the affiliate.
As an Affiliate:
Things You Will Need To Do, to Link to Our Site
As a member of FutureQuest's Affiliate Program, you will be able to obtain the HTML code (that provides for links to web pages within the FutureQuest web site) and graphics that we have made available for use in your web site. You agree to fully cooperate with us in order to establish and maintain links from your web site to the FutureQuest web site. You also agree to use only graphic images approved by FutureQuest for display on your website, as a link or otherwise. You may provide a general link on your site, on as many pages as you desire, to the FutureQuest web site.
The maintenance and the updating of your site will be your responsibility. As a member of FutureQuest's Affiliate Program you will need to be aware that the information contained within FutureQuest's web site and about FutureQuest's services may be updated often, and it may be necessary for you to update the content of your site to maintain consistency and accuracy between the FutureQuest web site and your web site. Because price changes may affect services that you already have listed on your site, you may not include price information in your service descriptions. We cannot guarantee the availability or price of any particular service.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law.
We will evaluate your web site in good faith and will notify you if there are any exceptions to your participation in the program. We may reject your application if we determine that your site is unsuitable for the program. Unsuitable sites would include those that:
- Promote sexually explicit materials and/or offer links, directories, or redirections, to other sites that do so.
- Promote violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, in addition to offering links, directories, and redirections, to other sites that do so.
- Promote illegal activities that violate intellectual property rights, in addition to offering links, directories, and redirections, to other sites that do so.
- Promote the pirating of software (warez), cracks and/or registration codes, in addition to offering links, directories, and redirections, to other sites that do so.
If we reject your application, you are welcome to reapply at a later time.
As an Affiliate:
The Things You Need To Know and Understand
We reserve the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement or to make sure that your links to the FutureQuest web site are appropriate. We will notify you of any changes that we feel should be made.
Customers who purchase services through FutureQuest's Affiliate Program will be considered clients of FutureQuest. All FutureQuest's terms of service will apply to those clients. We may change our policies and operating procedures at any time. We reserve the right to reject orders that do not comply with any requirements that we may establish from time to time. FutureQuest will be responsible for all aspects of order processing and fulfillment.
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder. Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement, at any time in our sole discretion. In such an event, we will send a notice to the email address on file for your account. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in FutureQuest's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
As an Affiliate:
What You Receive in Referral Fees
We will pay a referral fee on sales of FutureQuest's full package hosting services purchased at the full listed price, providing the purchaser is not already a client of FutureQuest at the time of purchase. For a sale to generate a referral fee, the client must follow a special link (in the format specified by FutureQuest) from your site to the FutureQuest.net site; purchase the full package service using FutureQuest's ordering system; and remit full payment to us. We will not, however, pay referral fees on any services purchased by the client more than 30 days after the date of original click-through from your site, unless the purchaser has clicked through again within 30 days of the date of purchase.
In addition, resold accounts purchased through FutureQuest's reseller program are not eligible for referral fees.
Fee payment is on a split (dual) plan:
Affiliate commission per qualifying sale- $10.00
For affiliates who are also current clients of FutureQuest (QuestAffiliates):
Affiliate commission per qualifying sale- $20.00
FutureQuest will disburse payments to its affiliates on the 5th of each month via a company check in US funds for sales dating back 60 days and prior, to those affiliates who have met or exceeded a $25 payment threshold or the minimum payment threshold as specified within their account settings, whichever is greater. FutureQuest clients enrolled in the QuestAffiliates program may elect to receive service credits without minimum threshold restrictions. If FutureQuest determines that payment of Referral Fees to you in any jurisdiction is illegal under any laws, then FutureQuest reserves the right to not pay Referral Fees for any sales made in that jurisdiction.
Important: If a service that generated a referral fee is canceled by the client within the first 60 days of service, we will deduct the corresponding referral credit from your affiliate account. This is necessary because of our 60 day unconditional money-back guarantee on services, and is in place to protect us against possible abuse of the Affiliate Program.
You will be able to enter the Affiliate Account Manager from http://www.QuestAffiliates.net and from within this area you will be able to generate and view reports that will describe the Referral Fees due to you.
Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to:
(i) grant your end users access to our site through HTML links solely in accordance with the terms of this Agreement and
(ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you for such purpose.
You may not alter, modify or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of FutureQuest's Affiliate Program. All uses of Licensed Materials by you shall be subject to the FutureQuest trademark usage guidelines as will be provided to you from time to time. You agree that all uses of the Licensed Materials will be on behalf of FutureQuest and the good will associated there will be to the sole benefit of FutureQuest. You grant to us a non-exclusive right to utilize your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner within our rights under this Agreement. However, FutureQuest is under no obligation to so advertise, market, promote, or publicize. All uses by us of such names, titles, and logos shall be subject to your trademark usage guidelines as will be provided by you to us from time to time. We agree that all uses of your names, titles, and logos will be on your behalf, and the good will associated therewith will be to your sole benefit. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
As An Affiliate:
More Things You Need To Know and Understand
Disclaimer: Disclaimer: FUTUREQUEST, INC.MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING FUTUREQUEST, THE FUTUREQUEST WEB SITE, OR SERVICES PROVIDED THEREON. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that: This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; and You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
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, WITHOUT LIMITATION, 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 THE FUTUREQUEST 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 REFERRAL FEES PAID TO YOU UNDER THIS AGREEMENT.
Indemnification: You agree to indemnify and hold harmless FutureQuest and its employees, representatives, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against FutureQuest based on or arising from any claim:
(i) resulting from your breach of this Agreement, or
(ii) resulting from your violation of any third-party intellectual property right (including any copyright, patent, trademark, or trade secret) or misappropriation of any third-party material (including any use by FutureQuest of materials provided by you), or
(iii) resulting from any of your defamatory, or libelous acts, or
(iv) resulting from your violation of any third-party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' Fees and costs awarded against or otherwise incurred by FutureQuest in connection with or arising from any such claim, suit, action, or proceeding.
Miscellaneous: Each party shall be deemed to be an independent contractor with respect to the subject matter of this Agreement, and nothing contained in this Agreement shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship. Neither party may assign their rights or obligations under this Agreement to any party, except to a third party who obtains all or substantially all of the assigning party's business or assets. This Agreement will be governed by the laws of the United States and the state of Florida, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Orlando, Florida, and you irrevocably consent to the jurisdiction of such courts.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. This Agreement represents the entire Agreement between us and you, and shall supersede all prior Agreements and communications of the parties, oral or written. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. 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.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THIS AGREEMENT PRIOR TO ACCEPTING THIS AGREEMENT. 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 THIS AGREEMENT.