1. Introduction
These Terms and Conditions ("Agreement") govern the relationship between Q Acoustics ("Advertiser") and the affiliate ("Affiliate") who participates in the Advertiser’s affiliate program ("Program"). By signing up for the Program, the Affiliate agrees to be bound by this Agreement..
2. Enrollment in the Program
2.1 To enroll in the Program, the Affiliate must complete and submit the online application. Acceptance into the Program is at the sole discretion of the Advertiser.
2.2 The Advertiser reserves the right to reject any application if the Affiliate's site or promotional methods do not comply with the Advertiser’s policies or the standards of acceptable use.
3. Affiliate Responsibilities
3.1 The Affiliate will use their best efforts to actively promote the Advertiser’s products and services.
3.2 The Affiliate will ensure that all marketing activities comply with all applicable laws and regulations, including but not limited to advertising, consumer protection, and privacy laws.
3.3 The Affiliate will not engage in any fraudulent, unethical, or illegal activities, including but not limited to cookie stuffing, false advertising, or using deceptive promotional techniques.
4. Promotional Materials
4.1 The Advertiser will provide the Affiliate with approved promotional materials, including banners, text links, and other marketing resources.
4.2 The Affiliate agrees to use only the promotional materials provided by the Advertiser and will not modify these materials without prior written consent.
5. Commissions
5.1 The Affiliate will earn a commission on qualifying sales made through the Affiliate's referral link, as specified in the Program details.
5.2 Commissions will be calculated based on the net sale amount, excluding taxes, shipping, returns, chargebacks, and any other applicable fees.
5.3 Commissions will be paid on a monthly basis, provided the Affiliate's account balance meets the minimum payout threshold of GBP 0.01.
5.4 Commissions may be declined in situations where the order cannot be fulfilled due to factors outside of our control including, but not limited to, order cancelled, item was returned, customer failed credit check, breach of programme terms and conditions, duplicate order and item was out of stock.
6. Payment
6.1 Payments will be made via AWIN, and the Affiliate is responsible for providing accurate payment details.
6.2 If the Affiliate’s account is terminated, any outstanding commissions will be forfeited.
7. PPC Advertising
7.1 Affiliates are permitted to use PPC advertising to promote the Advertiser’s products, subject to the following conditions:
- Affiliates may not bid on the Advertiser’s trademarked terms or any variations or misspellings thereof.
- Affiliates must direct PPC traffic to their own website before redirecting to the Advertiser’s site.
- Affiliates may not use the Advertiser’s URL as the display URL in PPC ads.
8. Term and Termination
8.1 This Agreement will begin upon acceptance into the Program and will continue until terminated by either party.
8.2 Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party.
8.3 Upon termination, the Affiliate must immediately cease using all promotional materials and remove all links to the Advertiser’s website.
9. Confidentiality
9.1 The Affiliate agrees to keep all information relating to the Program, including but not limited to commission rates, sales data, and promotional strategies, confidential and not disclose it to any third party.
10. Limitation of Liability
10.1 The Advertiser will not be liable for any indirect, incidental, special, or consequential damages arising in connection with this Agreement or the Program.
10.2 The Advertiser makes no express or implied warranties or representations with respect to the Program or any products sold through the Program.
11. Governing Law
11.1 This Agreement will be governed by and construed in accordance with the laws of England & Wales, without regard to its conflict of laws principles.
12. Miscellaneous
12.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
12.2 Any modifications to this Agreement must be in writing and signed by both parties.
12.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
