Affiliate Program - Terms and Conditions
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These Terms and Conditions set out the governing rules of participation in the Q-Based Healthcare Affiliate Program.
The term "Affiliate" shall hereafter refer to any individual, company or collective who participates in our Affiliate Program. The term "Q-Based Healthcare" shall hereafter refer to Q-Based Healthcare.
Clicking the "Join Affiliate Program" button at the bottom of the online application represents acceptance of these Terms and Conditions and the Affiliate's full intention to abide by them.
The Q-Based Healthcare Affiliate Program
The Q-Based Healthcare Affiliate Program lets participants add our links, banners and other promotional materials, programs or software devices to their web sites for the purpose of earning commissions from the referral of subscribing visitors from the Affiliate's site to ours.
Age of Consent and Authority to Participate
By registering for the Affiliate Program and accepting these Terms and Conditions, Affiliate represents that they are of the legal age of consent in all areas where such law abides. In addition, Affiliate represents that he or she is able to legally enter into this contract and will be bound lawfully by the Terms and Conditions herein upon acceptance.
Affiliates Web Site Content
Affiliate represents that his or her web site(s) that will carry Q-Based Healthcare links, banners or promotional materials, does not now nor will in the future contain violent, discriminatory or otherwise illegal text or graphics.
Affiliate MUST provide an approved link on their site directing visitors to our site.
Web Site Responsibility
Affiliate agrees that he or she shall be entirely and singularly responsible for Affiliate's web site(s) and web site content, or the products or services offered there from through any means or modality.
Use of Q-Based Healthcare Banners, Links and Promotional Materials
Affiliate agrees to use the banners, links and promotional materials provided by Q-Based Healthcare only in the manner prescribed by the Affiliate Program herein and no other. Q-Based Healthcare logos, icons or unique graphics may not be used for any other purpose than that of promotion of Q-Based Healthcare services or products and for referring visitors from the Affiliate's web site to Q-Based Healthcare's web site.
Affiliate represents and warrants as follows:
- Affiliate will not place Q-Based Healthcare banners, links or promotional materials on a web site that violates or encourages others to violate any applicable law or regulation, or that includes hate content, or that promotes discrimination based on race, sex, religion, sexual orientation, nationality, disability, or age.
- Affiliate will only use specific Q-Based Healthcare banners, links or promotional material offered through the Affiliate Program.
- Affiliate will not claim or otherwise represent direct or indirect sponsorship by or endorsement by Q-Based Healthcare in any form whatsoever.
- Affiliate will not use the word "Q-Based Healthcare" or any variation of the name in its domain name or IP identity.
- Affiliate will not use any computer program or other device that causes Q-Based Healthcare's web site to record a fraudulent "click through", referral or link to its site from the Affiliate's site.
- Affiliate will ensure that its web site or any mechanism thereon will not prevent or preclude a user's ability to return to Q-Based Healthcare's web site.
- Affiliate will not violate or encourage any third party to violate any law or regulation having the force of law in regard to the execution of this Affiliate Program.
- Affiliate will not alter the banners, links or promotional materials made available through the Affiliate Program by Q-Based Healthcare.
- Affiliate will not engage in any behavior or activity that infringes the legal rights of any third party in regard to the execution of this Affiliate Program.
- Affiliate will not impersonate or invade the privacy of or defame any third party or encourage any third party or to do such in regard to the execution of this Affiliate Program.
- Affiliate will not directly compete against Q-Based Healthcare via any pay-per-click form of advertising, including but not limited to Google, MSN or Yahoo. If Affiliate chooses to use this form of advertising, they must not use keywords which Q-Based Healthcare ads appear.
- Affiliate will not use any Q-Based Healthcare web site as the landing page for any pay-per-click form of advertising, including but not limited to Google, MSN or Yahoo. Affiliate must use their own web site URL as the landing page and place approved Q-Based Healthcare banners, links or promotional materials on that web site.
Upon Termination of this Agreement
In the event of termination, Affiliate will immediately cease and desist from any activity allowed by these Terms and Conditions including cessation of the use of banners, links or promotional materials provided by Q-Based Healthcare and the removal of same from Affiliate's web site.
Affiliate represents that Affiliate has the required power and authority under all applicable laws to accept and be by bound by these Terms and Conditions herein.
Q-Based Healthcare Copyright and Trademarks
Affiliate acknowledges that the banners, links and promotional materials provided through the Affiliate Program are the copyright or trademark property of Q-Based Healthcare.
License to Affiliate - Banners, Links and Promotional Materials
Affiliate is hereby granted a non-transferable, non-exclusive license to copy from Q-Based Healthcare's repository and display from Affiliate's web site(s) the banners, links and promotional materials made available through the Affiliate Program in accordance with these Terms and Conditions.
Q-Based Healthcare shall pay the Affiliate in accordance with Q-Based Healthcare then current commission schedule provided the following conditions are met by the Affiliate:
IRS Form W9: Click here to get the form. Complete the form and include your contact information and web site url(s). When complete send to:
Attention: Affiliate Program
P.O. Box 363
Erath, La 70533
Completion of this form is required before any commissions will be paid.
Non-resident aliens must complete an affidavit stating that the business you are engaged in is not connected with any trade or business in the United States.
Payment Method and Intervals
Payments shall be delivered by mail to the address provided on the tax forms submitted.
Commissions shall be paid to Affiliate once per month or until total commissions to be paid to the Affiliate equals or exceeds $50.00.
Termination of Affiliate's Participation
Affiliate's participation in the Affiliate Program may be terminated at any time and for any reason at Q-Based Healthcare discretion. Affiliate's participation in the Affiliate Program shall be deemed automatically terminated immediately upon Affiliate's violation of this agreement or upon awareness by Q-Based Healthcare that Affiliate's web site(s) is or has become the subject of a government investigation or complaint.
Affiliate may terminate its participation in the Affiliate Program at any time by removing the banners, links or promotional materials of Q-Based Healthcare from the Affiliate's web site and deliver email notification if its intention to terminate participation in the Program to: firstname.lastname@example.org.
Notice to Affiliate of Termination
Q-Based Healthcare shall provide notice of termination as described in the section covering notices. Where Affiliate's participation in the Affiliate Program is terminated automatically as described in the section describing termination, no notice of termination need be provided by Q-Based Healthcare to the Affiliate.
Accuracy of Information Submitted by Affiliate
Affiliate represents that all information submitted by Affiliate is true and complete and that Affiliate shall maintain and update all contact and other information for accuracy at all times. Q-Based Healthcare shall reserve the right to terminate this agreement in the event information provided is not maintained in a timely manner as accurate and current by the Affiliate.
Acceptance and Termination by Affiliate
By providing required information and accepting these Terms and Conditions, affiliate agrees to be bound by same. The Affiliate may cancel its participation in the Affiliate Program pursuant to the section regarding termination.
Affiliate's Taxpayer Identification Number or Social Security Number
Affiliate agrees that Affiliate's United States social security number or taxpayer identification number will be provided on Internal Revenue Service Forms 1099 inclusive or any other tax forms required to be furnished to the Internal Revenue Service regarding commissions paid as direct result of participation in this Affiliate Program.
Tax Obligations of Affiliate
Affiliate shall be entirely responsible for all tax obligations, foreign or domestic, due to all bona fide taxing authorities arising as a result of commissions paid in connection with Affiliate's participation in the Affiliate Program.
Passwords and Responsibility for Same
Affiliate shall receive a password to access his or her Affiliate account. Affiliate is entirely responsible for any and all activities that occur regarding the use of Affiliate's password and access to the account.
Contact of Affiliate by Q-Based Healthcare
Q-Based Healthcare may at its sole discretion or option, contact Affiliate from time to time by phone, email, or other means.
Participation by Nonresident Aliens and Other Foreign Persons
If you are a nonresident alien or other foreign person or entity, you can participate in the Affiliate Program only if the commissions you earn from participation are not connected with a business in the United States . In order to participate and earn commission in this Affiliate Program, non-resident aliens and other foreign persons must sign and deliver to Q-Based Healthcare an affidavit to this effect.
Q-Based Healthcare reserves the right to change or modify all or part of these Terms and Conditions at any time for any reason whatsoever. Q-Based Healthcare will notify Affiliate of any modifications to these Terms and Conditions as described in the section covering notification.
Q-Based Healthcare reserves the right to alter the Affiliate Program, its options, conditions, functionality or operational modalities, terms or to cease or terminate the Affiliate Program at any time.
Q-Based Healthcare will make available to the Affiliate subscription activity reports from which the number of Q-Based Healthcare membership subscriptions made as a result of Affiliate referrals, and other information can be viewed.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Q-BASED HEALTHCARE BE LIABLE TO AFFILIATE ON ACCOUNT OF AFFILIATE'S PARTICIPATION IN THE AFFILIATE PROGRAM, USE OR MISUSE OF THE AFFILIATE PROGRAM, RELIANCE ON THE AFFILIATE PROGRAM, INABILITY TO PARTICIPATE IN THE AFFILIATE PROGRAM, OR FOR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE AFFILIATE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Q-BASED HEALTHCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM PARTICIPATION IN THE AFFILIATE PROGRAM, USE OR MISUSE OF THE AFFILIATE PROGRAM, RELIANCE ON THE AFFILIATE PROGRAM, FROM INABILITY TO PARTICIPATE IN THE AFFILIATE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE AFFILIATE PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE AFFILIATE PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO Q-BASED HEALTHCARE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitations of liability are not permitted in some jurisdictions. In such jurisdictions, the foregoing limitation may not apply to you.
THE AFFILIATE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE AFFILIATE PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Q-BASED HEALTHCARE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE AFFILIATE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE AFFILIATE PROGRAM.
IN ADDITION, AFFILIATE UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE AFFILIATE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL FROM THE Q-BASED HEALTHCARE WEB SITE.
Release from Claims
Affiliate hereby agrees to release Q-Based Healthcare and its, subsidiaries, affiliates, officers, directors, agents, shareholders, and employees from any and all claims, demands, obligations, damages (actual or consequential or otherwise), costs or expenses of any kind whatsoever, whether known or unknown, suspected or otherwise, disclosed or otherwise, that Affiliate may have against them arising out of or in any way related to such disputes and/or to the Affiliate Program. Affiliate agrees to waive all laws that may limit such releases.
Indemnity of Q-Based Healthcare
Affiliate agrees to indemnify and hold harmless Q-Based Healthcare, and its employees agents, subsidiaries, affiliates, parents, officers, directors and shareholders from any demand or claim, including interest, penalties, reasonable attorneys' fees and/or costs claimed, demanded, or incurred in connection with any such claim or demand.
Under no circumstances shall Q-Based Healthcare be liable for any failure in performance under this Agreement resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, network hardware or software failures, computer equipment failures, telecommunication equipment failures, any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Notices or communications regarding or pursuant to these Terms and Conditions shall be sent by electronic mail or by post in writing and shall be deemed delivered upon receipt to the party to whom such communication is addressed:
If to Q-Based Healthcare from Affiliate such notices shall be sent to email@example.com or Q-Based Healthcare at:
Attention: Affiliate Program
P.O. Box 363
Erath, La 70533
If to Affiliate from Q-Based Healthcare notices shall be delivered to the mailing address (electronic or otherwise) stated when Affiliate registers for participation in the Affiliate Program.
Or to such other address as either party may otherwise provide.
This agreement constitutes the sole and entire agreement between the parties with respect to the Affiliate Program and supersedes all previous proposals, oral or written, previous negotiations, former representations, other writings and all other communications between the parties or by the agents or assigns of either party.
Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the State of Louisiana without regard to that state's conflict of law provisions.
Affiliate agrees that regardless of any law to the contrary, any claim arising out of participation in the Affiliate Program or to these Terms and Conditions must be filed within one (1) year after such claim arose, or be forever barred.
Q-Based Healthcare and Affiliate are independent contractors under these Terms and Conditions, and nothing herein or stated previously in writing or otherwise between the parties shall be construed to create a joint venture, agency, partnership or employment relationship.
Third Party Agreements
Neither party pursuant to these Terms and Conditions has legal authority to enter into an agreement of any kind with intent to obligate either party on behalf of the other or a third party.
Successors and Assigns
The Terms and Conditions contained here shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
It is understood that the headings in this document are labels and are included for convenience only and bear no relation to the meaning, legality or efficacy of the content of this document.
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