This Agreement contains the complete terms and conditions that apply to your participation as a member of the Qpid Network Affiliate Program (the "Affiliate Program", "Qpid Affiliate" or "Program") operated by Qpid Network (the "Company," "we" or "us"). The term "Affiliate", "you" or "your" shall hereafter refer to any individual, company or collective who participates in our Affiliate Program.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND QPID NETWORK. BY CHECKING THE BOX IN THE SUBMISSION FORM YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF.
Qpid Network Affiliate Program is open to all. To begin the enrollment process, you will submit a completed Program Application. Your affiliate program account is active immediately. BUT we will evaluate your application in good faith and we may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Potential reasons for rejection include (but are not limited to) your site's or sites':
- Promoting sexually explicit materials, adult and/or mature content, or hacking/cracking content;
- Promoting violence or profanity;
- Promoting racial intolerance, or advocate against any individual, group, or organization, sex, religion, nationality, disability, sexual orientation, or age; Promoting illegal activities, gambling or casino-related content.
Furthermore, we retain the right to terminate your account at any time without any given prior notice if you are found to have violated our policy.
We will provide you with all Links, and any related banners, graphics, or text ads necessary to promote Qpid Network's Sites and Services to Your Site's visitors and/or its members. The "Affiliate Link" (Link) may consist of ads containing text or graphic images provided by us (and is subject to change from time to time in our sole discretion) and may contain our logo or other references to Qpid Network or its Sites. This Link will connect Your Site with the area on Our Sites where the visitor may apply for Qpid Network Services directly with us. The Link will serve to identify you as a member of our Affiliate Program and will establish a Link from Your Site to Our Site.
You understand that the Links and any related banners, graphics, artwork, or text are Qpid Network's intellectual property. You are granted a limited, non-exclusive, non-transferable licence to access and link designated promotional materials for placement on your site(s) for the sole and exclusive purpose of promoting sites and services owned, operated or controlled by Qpid Network.
You cannot employ deceptive language or misleading URLs in the Links, and you may not use unsolicited commercial e-mail (UCE), spam, or other illegal or unethical means by which to generate referral commissions.
We may, from time to time, provide you with written copy, such as success stories or dating tips, which you may use on your site(s) to promote Qpid Network's Sites and Services to visitors and members of your site.
All such copy provided to you remains the intellectual property of Qpid Network. You are granted a limited, non-exclusive, non-transferable license to use such copy on your site(s) solely for promotional purposes for Qpid Network sites and services. We may, at any time, request that you discontinue the use of all, or part of the Articles we provided.
You may not edit, modify or change in any way the Articles provided to you, without the expressed written consent of the Affiliate program.
We may also provide you, from time to time, with email templates which you can use to mass distribute promotional information and offers from Qpid Network to members of your site(s). Such email templates may not be changed, edited or modified without our expressed, written consent and may only be used for promoting Qpid Network sites and related services.
You must ensure that you have received the rights and permission to send mass emails to all recipients who you contact on our behalf or using our email templates. Qpid Network is not responsible or liable for any violations or damages resulting from your failure to comply with relevant spamming or email regulations.
All such email templates and related material remain the intellectual property of Qpid Network, for which you are granted a temporary, non-exclusive, non-transferable license which we may discontinue at any time.
We will process orders placed by customers who follow the "Affiliate Link" from your site(s) to our site(s). We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and service fulfillment. Among other things, we will prepare order forms, process payments, handle service fulfillments and customer services. We will track sales made to customers who purchase products and services using referred as "Affiliate Link" from your site to our site and will make available to you reports summarizing these sales activities. The form, content, and frequency of the reports may vary from time to time at our discretion.
We issue commissions based on two different schemes, you will be paid based on whichever scheme pays out the higher amount during the given month:
Per First Order: If the members you acquire place an order within the first 45 days of registering, you will receive 30% of that order as commission regardless of the price of the order. In addition to this, you will receive $2 per member acquired regardless of whether or not they place orders.
Per Valid Member: Your commission depends solely on the amount of valid members you acquire, i.e. for the 1st-59th valid member acquired, you will receive US$3.00 per member, and then for the 60th-149th valid member acquired, you will receive US$4.00 per member, and US$5.00 for the 150th valid member acquired or above. For example, if you acquire 155 valid members, your commission will be calculated as follows: (59 x 3.00) + (90 x 4.00) + (6 x 5.00). Once you have acquired your 150th member, from then you will receive $5 commission per member perpetually.
Both programs will run simultaneously, and whichever one earning you more commission will dominate.
The Commission Payment Rate is subject to change at any time or from time to time. You will be notified of any changes in the Commission Payment Floor via email, posting of a revised agreement, posting on the Site, and/or by another method in our sole discretion.
Payment of commissions will be realized via PayPal, Money Order, Check, Bank Wire etc.
Payments are calculated monthly (from the first day of each month). Your commission earned will be calculated and confirmed before the 5th day of the following month.
Commissions based on the "Per First Order" scheme are paid according to "valid" orders, which are defined as orders which have not been charged back after a 3 month period.
Payments for each month are calculated on or before the 5th of the following month. You may not send a payment request until your unpaid balance is greater than USD $50 or the Agreement is cancelled. We will send out payments between the 10th and 15th of each month. Payment requests sent in after the 10th will not be paid until the following month.
If goods or services in which commissions were paid to an affiliate are refunded by an affiliate's customer, commissions for such goods or services will be deducted from the affiliate's balance of payments on the next month. If in the next month there are no commission fees to be paid, we will present a claim to compensate a commission for refunded goods or services.
We will not pay an affiliate who has chargebacks or creditbacks of 5% or more. A chargeback is a refund of payment for customers after credit card payments have been processed. Creditbacks are cash refunds for credits given under special circumstances.
We reserve the right to audit accounts belonging to all our Affiliates. In case of a violation found by our Security Department or suspicion of violation, we reserve the right to suspend the payout of transactions until the obstacles are completely clarified. If the Program regulation violations are proven, premeditated and/or systematic, we have a right to delete an Affiliate account without any commission payments.
In this affiliate program, the terms "Valid Member" and "First Order" both have fixed definitions. Only members and/or orders conforming to these definitions can be used as the basis for the calculation of commission.
A valid member is one which satisfies the following conditions:
First OrderA first order is one placed on a Qpid Network site by one of your acquired members. This order must be placed within 3 months after registration of the corresponding member.
A person who registers through this Program will be deemed to be customers of Qpid Network. Accordingly, all Qpid Network terms and conditions, rules, policies, and operating procedures concerning member conduct, customer service, and 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 services sold under this Program in accordance with our own pricing policies.
If you qualify and agree to participate as a Qpid Affiliate:
- You may display the provided Link prominently throughout Your Site as you see fit and without our prior consent subject to the terms and limitations of this Agreement.
- You may not be entitled to participate and promote on Your Site any contests, and special promotions we may offer, and in connection therewith, only upon our discretion shall we make such contests and promotions available to users of Your Site. If we do decide to allow affiliates to participate, you will be provided with approved licensed ads only for those you are allowed to offer, and you may become entitled to earn referral fees.
- You shall not misrepresent Qpid Network, its member sites or its products or services, or otherwise make any claims, representations, or warranties in connection with Qpid Network or its member sites other than as expressly authorized by QpidAffiliate.com.- You shall have no authority to, and shall not bind QpidAffiliate.com or Qpid Network to any obligations, except as may be expressly set forth herein to the contrary or as otherwise agreed to and approved in advance in writing by QpidAffiliate.com. Nothing in this Agreement nor any conduct of either party shall be deemed to constitute an employment or agency relationship.
You are solely responsible for ensuring that Your Site and your products and services that you offer from Your Site comply with all applicable copyright and other laws including anti-spam laws. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material on Your Site in violation of the law or any agreement.
You are solely responsible for the development, operation and maintenance of Your Site and for all materials that appear on Your Site. Such responsibilities include, but are not limited to, the technical operation of Your Site and all related equipment; the accuracy and propriety of materials posted on Your Site; and ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability for all such matters.
The Affiliate hereby undertakes to comply with all applicable national laws and regulations in force. In addition, you may not:
- read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
- create multiple leads from the same IP address or create leads using proxy servers or with the help of friends/others for the purpose of impersonating real members.
- seek to purchase or register any keywords, search terms or other identifiers that include the trade or service marks or names of primary competitors of Qpid Network or its member sites, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.
- seek to purchase, bid, or otherwise obtain keywords based upon Qpid Network or its member sites' Marks (qpidnetwork.com, chnlove.com, chnlovedate.com, idateasia.com, charmingdate.com) including variations thereof for use in any search engine.
- seek to purchase or use any "Non Compete SEM Bidding Keywords" including variations thereof for use in any search engine.
- seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of Qpid Network or its member sites intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.
"Redirecting Link" means a link that sends users indirectly to the Qpid Network's member sites or co-brand sites via an intermediate site or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage.
If we determine, in our sole discretion, that you have engaged in any of the activities outlined in Section 8.4, we may (without limiting any other rights or remedies available to us) withhold any Commissions otherwise payable to you under this Agreement and/or terminate this Agreement.
In addition, any such violations will result in the immediate suspension of your account with or without prior notice. When necessary, all evidence regarding how you have generated leads and members, including but not limited to links, screen shots and copies of original materials, should be provided by you to facilitate our investigation. We reserve the right to keep all information related to members' profiles and activities confidential for privacy and security.
We have the right, but not the obligation, in our sole discretion, to monitor Your Site and your usage of the Link at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
You are responsible for the payment of all tax and national insurance due on any payments made to you by QpidAffiliate.com.
The terms of this Agreement will begin upon your acceptance of this Agreement, by your use of an assigned QpidAffiliate.com affiliate link, and/or our acceptance of your application for the Affiliate Program, and will end when terminated by either party. Qpid Network may terminate this Agreement immediately at any time, with or without cause. Should you cease your publication of the Link this Agreement shall be deemed terminated by you. Violation of this Agreement shall constitute grounds for immediate termination of this Agreement.
We reserve the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion. Modifications may include, but are not limited to, changes in the scope of available referral fees, commission schedules, payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement as provided in article 9.
Your continued participation in the Program following our posting of a change notice or new Agreement on Our Site will constitute binding acceptance of the change. No amendment, modification or supplement to this Agreement shall be effective unless it is posted by an authorized representative of QpidAffiliate.com at the QpidAffiliate.com Web Site.
Nothing in this Agreement 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 in your marketing or otherwise, that reasonably would contradict anything in this Section. You are not an agent of Qpid Network. and Qpid Network expressly disclaims responsibility for any conduct by you in violation of our terms of Agreement.
Without limiting the generality of the foregoing, QpidAffiliate.com or Qpid Network shall in no event be liable to you or any other person, including, without limitation, subscribers, for indirect, incidental, or special damages, lost profits, lost savings, or any other form of consequential damages, regardless of the form of action, even if QpidAffiliate.com or Qpid Network has been advised of the possibility of such damages, whether resulting from breach of its obligations under this agreement or otherwise. Further, our aggregate liability arising with respect to this agreement and the program will not exceed the total referral fees paid or payable to you under this agreement.
QpidAffiliate.com or Qpid Network makes no warranties, either express or implied, concerning the performance or functionality of the services of Qpid Network's member sites, or our affiliate program, including but not limited to the link or other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
Under no circumstances shall QpidAffiliate.com or Qpid Network be liable to you or any other person or entity, including, without limitation, customers, for any loss, injury, or damage, of whatever kind or nature, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the affiliate program or QpidAffiliate.com.
We make no express or implied warranties or representations with respect to the Affiliate Program or any services of Qpid Network's member sites or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.