EMCQ Affiliate Agreement
eMCQ may offer you an opportunity to become an independent eMCQ Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for eMCQ’s products, services and accounts that you sell. eMCQ reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed herein.
This Affiliate Agreement (“Agreement”) governs your application, for and any subsequent participation in, eMCQ’s Affiliate programme. By clicking “I accept the Terms and Conditions” and submit, you thereby accept the terms of this Agreement, you indicate that you have read and understood this Agreement, and agree that you are bound by its terms.
All references to “eMCQ” herein means and refers to eMCQ. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. eMCQ and You are each referred to herein as a “Party”, and collectively as the “Parties”.
You agree to provide all information requested by eMCQ in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that eMCQ retains sole and exclusive discretion to determine whether You qualify for participation in eMCQ’s Affiliate programme. Not everyone who applies for eMCQ’s Affiliate programme will qualify to participate.
Consent to be contacted
You expressly consent to be contacted at the email address and the phone number You provide in Your application and the Affiliate programme, including through automated dialing systems, texts, and artificial or pre-recorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
If Your application to become an Affiliate is approved by eMCQ, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise eMCQ. Your unique Affiliate ID gives the Prospect User (“Prospect”) 20% off the selling price. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.
Provided that the Sold Account (as defined below) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to eMCQ in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 15th of the following month, following eMCQ’s receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 15th of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by eMCQ.
If You are accepted as an eMCQ Affiliate, You will have the opportunity to receive a commission when a Prospect creates a eMCQ account or purchases a eMCQ product or service using Your unique Affiliate ID, the fourteen (14) day trial period expires (when applicable,) the Prospect makes payment, and a Sale is registered (each such account is a “Sold Account.”)
The amount of Commission is as follows:
a. Commission: 10% of the payment a Prospect has made to eMCQ.
All Commissions are paid in either U.S. Dollars (USD) or Malaysian Ringgit (MYR), depending on Your location. Some payment methods may incur processing fees that may be deducted from Your Commissions payment.
Affiliates will not be paid any Commissions for payments made on Affiliate’s own user account(s). Affiliates are not permitted to open an eMCQ account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Affiliates may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales.
Commissions are paid only for transactions that actually occur between eMCQ and a Sale in which payment is received by eMCQ. If payment for a Sold Account later results in a refund or chargeback, and if a Commission was paid to You for that Sold Account or Legacy Account payment, then the Commission will be deducted from Your future Commissions.
If eMCQ determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be paid for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions, and eMCQ may terminate this Agreement immediately without eMCQ having any liability to You.
SECTION 5 - TERM AND TERMINATION The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the eMCQ Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of eMCQ or otherwise, we may terminate the Agreement or suspend Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 10%, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such instances, and in our sole discretion, we may also for the aforementioned reasons, terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions, and any other payments owed to You or that may in the future be owed to You without any further liability by eMCQ to You. This Agreement will terminate automatically if You earn no (zero) Commissions over a 12 month period. If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your eMCQ account.
SECTION 6 - ADDITIONAL REPRESENTATIONS AND WARRANTIES In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by any federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify eMCQ of the same within 24 hours. eMCQ, in its sole and exclusive discretion, may immediately terminate Your participation in eMCQ’s Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.
SECTION 7 - ENTIRE AGREEMENT This Agreement, Appendix A below, along with eMCQ’s standard Terms and Conditions, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate.
Additional Terms of the Affiliate Agreement and Advertising Rules
These Advertising Rules apply to all activities of Affiliate:
Disclosure. On any website that Affiliate advertises any eMCQ service or product, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as:
Disclosure: I am an independent eMCQ Affiliate, not an employee. I receive referral payments from eMCQ. The opinions expressed here are my own and are not official statements of eMCQ.
Non-Disparagement. Affiliate is not permitted to comment negatively about or disparage the products or services of eMCQ or any other person or entity, including without limitation the products or services of an eMCQ competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of eMCQ, any brand name of eMCQ, or based on the trademarks or brand name of any competitor of eMCQ, or any other third party. Affiliate shall not direct link to a eMCQ’s sales page from any paid advertising.
Social Media. If Affiliate advertises on Instagram or YouTube, then each post must comply with all of the following:
- Each post must contain @myemcq or #myemcq.
- Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
- Each Instagram post must use Instagram’s “Paid Partnership” tool.
- Each YouTube post must contain the word “Ad”, “Advertisement”, “Promotion”, or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.
If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that the Affiliate uses.
Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that use of eMCQ will guarantee that the user will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using eMCQ or as an Affiliate, the following guidelines must be adhered to:
a. Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and
b. Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”
Affiliate is also expressly prohibited from making any express or implied claims that eMCQ is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
a. eMCQ’s Trademarks. No logo, tagline, trademark, trade name, or trade dress (collectively, the “eMCQ Trademarks”) owned by eMCQ may be used, copied, or reproduced by any Affiliate except as set forth below. No eMCQ intellectual property (or any mark confusingly similar to any eMCQ intellectual property) is to be registered as a trademark in any country or registered as a domain name by eMCQ in any way in any country.
b. Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the “eMCQ®” trademark, to advertise eMCQ online. Affiliate may not use “eMCQ” or other eMCQ’s trademarks as part of any URL, domain or website name.
c. eMCQ retains exclusive ownership of all eMCQ’s Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of eMCQ’s intellectual property.
Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to email@example.com.
Independent Contractor. Affiliates are independent contractors of eMCQ. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between eMCQ and You by virtue of this Agreement. You have no right to act on behalf of or bind eMCQ in any way, nor share in the profits or losses of eMCQ. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
NO WARRANTY; NO LEADS. eMCQ does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that eMCQ will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
Indemnity. You agree to protect, defend, indemnify and hold harmless eMCQ, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against eMCQ for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
Severability. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.
Modification/Amendments. This Agreement and eMCQ’s standard Terms and Conditions may be modified by eMCQ at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email, or are posted in the affiliate center. No amendment to this Agreement or the Terms and Conditions shall be valid unless prepared or signed by eMCQ. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms and Conditions.
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