This ShippingQuest.com™, Affiliate Agreement ("Agreement") contains the terms and conditions that govern an individual's or entity's participation in ShippingQuest.com™, Affiliate Program (the "Program"). As used herein, the term "ShippingQuest™" refers to ShippingQuest.com™; the term "Affiliate" refers to the individual or entity applying for participation in the Program; "ShippingQuest™ site" refers to ShippingQuest.com; and "Affiliate's site" refers to the world wide web site address entered in the Web site Address Field of the Affiliate Application Form.
Enrollment in the Program
To enroll in the Program, Affiliate must complete and submit the Affiliate Application Form as found on https://www.shippingquest.com/Affiliate/Register. Submission of the Affiliate Application Form is deemed acceptance of the all of the terms and conditions set forth in this Agreement. ShippingQuest™ will evaluate the Affiliate Application Form and notify Affiliate of the acceptance or rejection of the Affiliate Application Form. ShippingQuest™ reserves the right to accept or reject any Affiliate Application Form at ShippingQuest™ sole discretion, for any reason or for no reason. ShippingQuest™ may not accept an Affiliate Application Form for a web site that ShippingQuest™ deems to be unlawful, harmful, defamatory, obscene, discriminatory or otherwise objectionable, in ShippingQuest™ sole discretion.
If Affiliate has more than one web site to enroll in the Program, Affiliate must complete a separate Affiliate Application Form for each web site.
Links and Program Content
Upon acceptance into the Program, Affiliate can log on to www.shippingquest.com/Affiliate/Login into ShippingQuest™ affiliate console to access reports, maintain Affiliate's account, build your contact list, and obtain program materials.
To ensure accurate tracking, each of Affiliate's links to ShippingQuest™ site must contain the proper Affiliate Code. ShippingQuest™ will provide Affiliate with instructions for adding its Affiliate Code in its links to ShippingQuest™ web site. If Affiliate's links to ShippingQuest™ web site do not contain its proper Affiliate Code, ShippingQuest™ will not be able to track Affiliate's referrals nor will ShippingQuest™ be obligated to pay Affiliate commissions on sales or requests resulting from those links.
As an affiliate, Affiliate may have as many links to ShippingQuest™ web site as Affiliate desires. In addition, Affiliate may link to any active page on ShippingQuest™ web site, as long as Affiliate follows ShippingQuest™ instructions to ensure proper linking and proper tracking. ShippingQuest™ may provide Affiliate with program materials (graphics, text, or other media) that Affiliate can use on Affiliate's web site for the sole purpose of linking to ShippingQuest™ web site under the terms of this Agreement. ShippingQuest™ may discontinue use or replace this material at any time. Upon request, Affiliate shall immediately remove, modify or replace any program material from Affiliate's web site with new material as provided by ShippingQuest™. ShippingQuest™ may monitor Affiliate's Site at any time and from time to time to determine if Affiliate is in compliance with each of the terms and conditions of this Agreement.
ShippingQuest Service™ Responsibility
ShippingQuest ™ will provide the information and content Affiliate needs to participate in the Program. This includes:
ShippingQuest ™ will be responsible for providing all aspects of order processing and customer service under the program.
ShippingQuest ™ will pay Affiliate a commission on gross service sales generated by customers referred by Affiliate's web site based on this schedule:
*Please note that the values can change at anytime.
For a service sale to be eligible to earn a commission, the customer must have followed an affiliate link to ShippingQuest ™ site from Affiliate's site, purchased the service using ShippingQuest ™ online order system, and paid for the product in full. Any commissions paid to Affiliate or credited to Affiliate's account on sales generated by Affiliate's site that result in returns, cancellations, bad debt, or fraud will be deducted from Affiliate's current affiliate balances. Gross service sales are defined as total amount in sale.
ShippingQuest ™ will send Affiliate a check in the amount of the earned commission. Checks will be sent approximately thirty (20) days after the end of each calendar month.
Once Affiliate is approved and enrolled in the Program, Affiliate can use Affiliate's username and password to enter ShippingQuest ™ affiliate console, where Affiliate can see Affiliate's affiliate sales, contacts list, commissions due on a daily basis and eventually history reporting.
Policies and Pricing
Users who access ShippingQuest ™ site through the program are customers of ShippingQuest ™. Accordingly, all of ShippingQuest ™ policies (including prices and pricing policies), and operating procedures concerning customer orders, customer service sales shall apply. ShippingQuest ™ may change ShippingQuest ™ policies and operating procedures at any time with or without notice. This includes the right to change the prices of service and to discontinue or replace services offered. Affiliate shall not include price information in Affiliate's service descriptions unless ShippingQuest ™ has given written permission to do so in advance.
Licenses and Use of Logos, trademarks, Service Marks and Copyrighted Materials
During the term of this Agreement, ShippingQuest ™ grants to Affiliate a non-exclusive, non-transferable, revocable right to link to ShippingQuest ™ site according to the terms of this Agreement, and, solely in connection with such links, to use ShippingQuest ™ trademarks, service marks and logos, product graphics and text or similar identifying material on Affiliate's site for the sole purpose of promoting ShippingQuest ™ services on Affiliate's site. Affiliate may not alter, modify or reproduce these materials in any way without obtaining prior written permission from ShippingQuest ™. ShippingQuest ™ reserves all rights in ShippingQuest ™ trademarks, service marks, logos, copyrights and other graphic, textual and multi-media materials on ShippingQuest ™ site. All Affiliate's rights to this material end upon termination of this Agreement by either party.
Use of ShippingQuest ™ trademarks, service marks, logos and copyrights by Affiliate outside of Affiliate's site is expressly forbidden. This prohibition includes, but is not limited to, keyword advertising on search engines and other web sites.
Affiliate, at Affiliate's sole cost and expense, will be responsible for the creation, maintenance and operation of Affiliate's site and all the materials found on it. This includes:
Cooperating with ShippingQuest ™ to establish and maintain links to ShippingQuest ™ site and to properly and accurate administer and operate the Program;
Nature of Relationship created By This Agreement
The relationship created by this Agreement between Affiliate and ShippingQuest ™ is that of independent contractors. This Agreement does not create, and shall not be construed so as to create, any joint venture, partnership, employer/employee relationship, or franchisor/franchisee relationship between ShippingQuest ™ and Affiliate. The creation of any such relationship is expressly disclaimed by ShippingQuest ™ and Affiliate.
The term of this agreement will begin when you submit your enrollment application and will end when terminated by either party. You or we may terminate this agreement at any time, with or without cause, by giving notice to the other party via letter, fax or e-mail.
Modification of This Agreement
ShippingQuest ™ may modify any of the terms or conditions of this Agreement at any time at ShippingQuest ™ sole discretion by e-mail and/or by posting a notice of modification on ShippingQuest site. Modifications may include, but are not limited to, the following: referral commissions paid, payment schedules, payment procedures, and rules of the Program. In the event any modification is unacceptable to Affiliate, the only course of action for Affiliate is to terminate this Agreement pursuant to Paragraph 10 hereinabove. Affiliate's continuation of participation in the Program after the posting of a notification of modification will be deemed to be Affiliate's acceptance of with the modification of the Agreement.
ShippingQuest ™ will not be liable for any damages arising from the activities set forth in this Agreement. ShippingQuest ™ total liability hereunder will not exceed the payment of commissions as outlined within this Agreement.
ShippingQuest ™ offers no warranties directly or indirectly with respect to the Program or the services sold through the Program. There is no warranty functionality or performance of ShippingQuest ™ site. ShippingQuest ™ will not be liable in any way for the consequences of errors or interruptions of service at ShippingQuest ™ site.
Limitation of Liability
ShippingQuest ™ shall not be liable for direct, indirect, special, or consequential damages, or any loss of revenue, profits or data arising in connection with this Agreement or Affiliate's participation in the Program. Affiliate's sole remedy available with respect to this Agreement or any breach of this Agreement by ShippingQuest ™ shall be to terminate this Agreement. All services offered by ShippingQuest to affiliates or affiliates customers are governed by the terms of service of ShippingQuest services.
Affiliate acknowledges that Affiliate has read this Agreement and agrees to all the terms and conditions set forth herein. Affiliate hereby represents, warrants and covenants that Affiliate has full and binding authority to enter into this Agreement, and that this Agreement has been duly and validly executed and delivered by Affiliate, and constitutes Affiliate's legal, valid, and binding obligation, enforceable against Affiliate in accordance with all of its terms and conditions. Affiliate understands that ShippingQuest ™ may at any time enter into agreements for referrals with other parties with terms that may be different from those within this Agreement and/or operate web sites that are similar to or compete with Affiliate's site. Affiliate has independently evaluated the desirability of participation in the Program and is not relying on any representation, statement or guarantee by ShippingQuest ™ other than that which is contained in this Agreement.
Affiliate agrees to indemnify and hold harmless ShippingQuest ™ and its subsidiaries and affiliates, their respective directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and expenses) (hereinafter referred to as "Losses") which may arise, directly or indirectly, from (i) any claim that ShippingQuest ™ use of Affiliate's name, logos or trademarks infringe any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any breach of a representation or warranty or breach of a covenant or Agreement made by Affiliate herein, or (iii) any claim related to Affiliate's site, including, without limitation, content therein not attributable to ShippingQuest ™.
ShippingQuest ™ shall indemnify Affiliate against Losses that arise out of any claim that Affiliate's use of the images, text or materials provided to Affiliate by ShippingQuest ™ infringe on any rights of a third party, provided that the images, text or materials have not been modified by anyone other than ShippingQuest ™.
Governing Law and Venue
This Agreement will be governed by the laws of the State of Florida, without reference to rules governing choice of laws or conflicts of laws. Sole and exclusive venue for any action or proceeding relating to this Agreement or the relationship between ShippingQuest ™ and Affiliate created hereby shall be in the Circuit Court of Miami Dade, County, Florida, and Affiliate irrevocably consents to the venue of said court. Affiliate hereby irrevocably consents to the exercise of personal jurisdiction and subject matter jurisdiction by the Circuit Court of Miami Date County, Forida in any action or proceeding relating to this Agreement or the relationship between ShippingQuest ™ and Affiliate created hereby. Affiliate further irrevocably consents to the transfer of any action or proceeding to the Circuit Court of Miami Date County,Florida upon notice or motion.