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Questia Affiliate Program AgreementQuestia Affiliate Program Agreement
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THIS IS A LEGAL AGREEMENT BETWEEN THE AFFILIATE AND QUESTIA MEDIA AMERICA, INC. ("QUESTIA").
BY COMPLETING THE ONLINE REGISTRATION THE AFFILIATE IS AGREEING THAT AFFILIATE HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT AFFILIATE AGREES TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to your participation in the Questia Affiliate Program.
As used in this agreement, "we" means Questia and its Affiliate Program, and "you" means the applicant and its employees.
Enrollment in the Program
To begin the enrollment process, you will complete and submit the Affiliate Program online registration form. We will then evaluate your application. Your application may be rejected if at our discretion we determine your site to be unsuitable, including but not limited to those that:
promote sexually explicit materials promote violence promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age promote illegal activities violate intellectual property rights Links on Your Site
Once your site has been accepted to the program, you will receive a tracking code and URL specific to your site. We will also provide you with banner(s) or link(s) for placement on your site. The banner ads must be reproduced faithfully, without alteration, and must be promptly removed upon termination of your participation in our Affiliate Program for any reason.
You must register all sites that will include the Questia affiliate link with the Affiliate Manager prior to placement of the link. Visitors to your site must clearly understand that clicking on the Questia approved links will take the visitor to Questia.com.
We will provide you with technical specifications describing how to include the links on your site. You may not represent Questia, or use its trademarks, logos or other branding in any manner other than providing approved links or Approved Content. Approved Content is content regarding data points (number of databases, number of names, etc.) on Questia.com. This approved content must be kept up-to-date.
Please take special care when linking to our site so that we can ensure proper reporting for all our Affiliates.
Upon notification of your acceptance into our Affiliate Program and during the period of your authorized participation, you may identify yourself as an Affiliate Program participant and may post our banner ads or links on your site. You and we are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You may not in any manner misrepresent the relationship between us and you or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
Do not include price information in your link to Questia.com, as we cannot guarantee a certain price for subscriptions.
Link Restrictions
Affiliates of Questia are not to bid for or buy Google Adwords and/or use other advertising or pay-per-click programs that link directly to Questia. These programs may be used to promote and direct traffic to your own website, especially when they feature the benefits of your own website, but they may not feature Questia's benefits or services, be exact copies of our links, or include usage of our trademarked terms such as but not limited to: Questia, Questia Media, and Questia Online Library. Questia reserves the right to withhold commissions and terminate the relationship with any affiliate who violates these restrictions.
Fulfillment
We will be responsible for subscriptions placed by customers who follow links from your site to Questia.com. This means we will handle all issues pertaining to the subscriptions that are a result of a link to your site. This includes all billing and customer service, including cancellation and renewal of subscriptions.
Commissions
During the term of your participation, we will pay you a percentage of the posted subscription sales for all new paid subscriptions trackable from your site. 'Bad debt' (nonpayment of or refunded subscription fees) will be absorbed by Questia, however, Affiliate will not receive commissions on such subscriptions.
The commission schedule is broken down into 5 tiers based upon volume of subscription sales per month.
5-TIER
30% Rate for 1 to 4 Subscriptions per month
35% Rate for 5 to 9 Subscriptions per month
40% Rate for 10 to 19 Subscriptions per month
45% Rate for 20 to 49 Subscriptions per month
50% Rate for 50+ Subscriptions per month
Subscriptions to Questia.com run from $19.95 per month to $119.95 per year prior to any promotional discounts.
Referral Payments
Payments will be made monthly, based on subscriptions and enrollments paid during the calendar month, (net 30 days) in U.S. dollars for Affiliates who have earned $25.00 in commission. Commissions under $25.00 will be held until the next payment period, in which the Affiliate's account reaches $25.00. There is no interest paid on Affiliate accounts.
To generate a referral payment, the customer must follow the link (in approved format from your site to Questia.com and purchase a subscription using our methods for subscribing. We do not pay referral payments on renewing subscriptions.
Revenue will only be shared based on qualified customers. Qualified customers are all subscribers who have been billed who do not become bad debt and all annual subscribers who have been billed and have not cancelled their subscriptions during the first 30-days of the subscription period who do not become bad debt.
Customers/ Subscribers
Customers who subscribe through this Program will be deemed to be customers of Questia. Accordingly, all Questia rules, policies, and operating procedures in effect at the time will apply to those customers. This includes rules, policies, and procedures concerning customer orders and customer service. You may not alter or purport to alter these terms.
Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site at your sole cost and expense and for all materials that appear on your site.
Disclaimers:
We make no express or implied warranties or representations with respect to the Program or any subscriptions or services sold through the Program. 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.
We will not be liable for indirect, special or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. 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.
This Agreement has been made in and shall be construed and enforced in accordance with Texas law. Any action to enforce this agreement shall be brought in the federal or state courts located in Houston. You may not assign this Agreement without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and permitted assigns. Our failure to enforce any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
Terms and Conditions of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. We may modify any of the terms and conditions contained in this Agreement at any time by email notice to you. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation following receipt of a change notice shall constitute binding acceptance of the change.
You are only eligible to earn referral payments on subscriptions purchased during the term of the Agreement. Payments earned through the date of termination will only remain payable only if the subscription is not cancelled. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Questia.com may change, suspend or discontinue any aspect of this Agreement or the Service, including the availability of any service feature, database, or other content. We also reserve the right to modify any portion of this Agreement.
If any portion of this agreement or any future modifications to this agreement are unacceptable to the affiliate, or cause the affiliate to no longer be in compliance with the affiliate agreement, the affiliate or Questia.com may cancel the agreement. An Affiliate's continued use of the service constitutes a binding acceptance by the affiliate.
You acknowledge that you have read this Agreement and have independently evaluated the desirability of participating in this program and are not relying on any representation, guarantee, or statement other than set forth in this agreement
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