Affiliate Agreement

April 1, 2024

18-minute read

WELCOME

Thank you for considering the NOTIQ affiliate program! We're thrilled about the potential collaboration and the exciting opportunity to work together to promote NOTIQ. This agreement not only outlines our shared responsibilities but also the significant financial benefits you can expect. Your agreement to this contract is a pivotal step in our collaboration. Please review this affiliate program agreement carefully to fully grasp the potential rewards.

 

UPDATES

We understand that circumstances may change, and we're here to support you. We update these terms periodically to ensure they reflect the evolving affiliate program. If we update or replace the terms, we or the affiliate portal will notify you via electronic means, which may include an email, SMS text message, or other relevant app notifications. We want to assure you that if you don't agree to the update or replacement, you have the flexibility to terminate your participation by sending an email to NOTIQ

 

DEFINITIONS

- "Applicant, or Ally, Affiliate, Associate, Ambassador or Influencer" refers to you.

- "Affiliate Program" refers to our program that allows allies, affiliates, associates, ambassadors, and influencers to promote our products and earn a commission for each sale or signup.

- "Affiliate Lead" is a potential customer who clicks on the unique tracking link (the "Affiliate Link") that we provide to you through the "Affiliate Portal."

- "Affiliate Link" is the unique tracking link that you place on your social media profile or website or promote through other channels to refer potential customers to us.

- "Affiliate Policies" refers to the policies that apply to affiliates that we may make available to you from time to time.

- "Affiliate Portal" is the independent, third-party, online platform or tool that we provide to you upon your acceptance into the Affiliate Program, which you can use to participate in the program.

- "Agreement" refers to this Affiliate Program Agreement and all the materials that it refers to or links to.

- "Commission" is the amount that you will earn for each eligible "Customer Transaction" as described in the Affiliate Program Policies and Page.

- "Customer" refers to the actual user who has purchased or signed up for our products after being referred by an Affiliate.

"Customer Transactions" refers to transactions made by Affiliates eligible for a commission under this Agreement. These can include customer purchases or signups, as further described in the Affiliate Portal.

- "Customer Data" refers to all the information that customers submit or collect via our products, as well as all the materials they provide or post for public display through our products.

- "NOTIQ Content" refers to all the information, data, images, photographs, videos, music, messages, data, text, apps, graphics, and tags that we incorporate into our products and services.

- "NOTIQ Products" refers to the qualifying products included in the affiliate program

- "NOTIQ Website" refers to the website "NOTIQ" maintained at http://notiq.com.

- "Affiliate Program Policies Page" refers to the landing page where we provide the updated guidelines associated with the Affiliate Program. The page may be found here: https://notiq.com/pages/affiliate-agreement

- "We," "us," "our," and "NOTIQ" mean NOTIQ, LLC.

- "You" and "Affiliate" mean the party other than NOTIQ that enters into this Agreement and participates in the Affiliate-Ambassador Program.

 

1: ACTIVATION

To participate in the Affiliate Program, the applicant must review and agree to these affiliate terms to activate the applicant's account.

 

2: TERMINATION

At NOTIQ, we take our Affiliate Program seriously and strive to maintain the highest standards of professionalism and integrity. We also value our affiliates and appreciate their partnership, but we must ensure that our program remains a safe, fair, and effective way to promote our products and services. Once an applicant is accepted as an Affiliate Program member, we reserve the right to rescind or terminate their affiliate status at any time, for any reason, in our sole and absolute discretion. This includes situations where we believe the affiliate has engaged in fraudulent or unethical behavior, violated any of our policies or procedures, or engaged in any conduct that may harm our brand or reputation including:

a. If the applicant's website contains images or content that is not acceptable to NOTIQ or is inconsistent with the image that NOTIQ wishes to create in association with NOTIQ's website.

b. If the applicant's website contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, or racially or ethnically objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, national origin, ethnicity, nationality, disability, or religion.

c. If the applicant's site contains any material that appears to NOTIQ to violate any Federal Trade Commission (FTC) guidelines, patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.

 

3: FTC DISCLOSURE

We kindly ask that you follow the guidelines set by the FTC when sharing or promoting NOTIQ's products or services on any platform. These guidelines are designed to ensure that our products are promoted in a fair, transparent, and honest manner.

a. Disclose Affiliate Relationship - When promoting NOTIQ, please make sure to disclose any referral affiliations or material connections with us, including any incentives such as monetary compensation, free or loaner products, special access privileges, or in-kind gifts.

b. Maintain Clear and Prominent Disclosure - Please ensure that your affiliate disclosure is clear and prominent enough for consumers to see when reading your posts. This means that your disclosure must not be hidden or buried behind links or in the terms and conditions, and consumers should not be required to click on or scroll down to view it. You can use hashtags like #affiliate #sponsored, #paid, or #ad, preferably at the beginning of the post.

c. Tasteful, Honest, and Truthful Disclosure - We ask that you always provide honest and truthful opinions and experiences when sharing about our products. All posts and shares should be in good taste and free of inappropriate language or content that promotes bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age. Statements on products and services must be factual and verifiable with references from our website as the single source of truth.

d. Respect of Intellectual Property Rights - We ask that you do not post or share any content that violates or infringes the intellectual property rights of any third party, including third-party trademarks or logos, music, film or television clips, or a celebrity's name, photo, or image. If you are unsure, please inquire with us before using the work. When in doubt, refrain from sharing.

e. Compliance with Laws and Policies - Please comply with all applicable laws, policies, rules, and regulations, as well as the terms, conditions, guidelines, and policies of any social media platform or service that you use.

 

 4: FINANCIAL RESPONSIBILITIES

The following is a statement regarding costs and expenses related to the maintenance and promotion of the Affiliate Program: You, the applicant will bear all costs and expenses related to the maintenance and promotion of the Affiliate Program. These costs include but are not limited to costs associated with the creation, hosting, modification, and improvement of the applicant's website, costs related to search engine placement and other internet marketing expenses incurred in inserting affiliate links on websites, offline marketing expenses, postage costs, and all other costs and expenses. You agree to hold NOTIQ harmless against any such costs, expenses or fees.

 

5: NO REPRESENTATIONS REGARDING INCOME POTENTIAL

NOTIQ cannot guarantee or provide any assurance regarding the potential income that may result from participating in the Affiliate Program. NOTIQ expressly disclaims any warranties concerning the earning potential from the applicant's affiliate status.

 

6: RESPONSIBILITY TO LINK TO NOTIQ'S SITE

a. As an Affiliate Program member, your primary role is to place links on your website or social media profiles to direct users to NOTIQ's site. NOTIQ will provide text links, button links, or banner advertisements for you to use on your website. During your active participation as an Affiliate Program member, you are granted a non-exclusive, limited-term license to use NOTIQ's logo images on your website. This active promotion of NOTIQ products is a vital part of your role as an affiliate and will contribute to the success of the program. 

b. NOTIQ provides links, banners, and other advertising materials to its affiliates, which contain its trademarks and proprietary property. The applicant may display these materials on their website to promote NOTIQ's site and participate in the Affiliate Program. If the applicant discontinues their participation in the program or their affiliate account becomes inactive for up to 60 days, or if the applicant's participation is terminated for any reason, they must immediately stop using these materials and delete them from their website and computer(s) within 30 days of the termination notice. The applicant may collaborate with NOTIQ to establish and place links on their website.

c. The applicant can only use the links provided by NOTIQ on the authorized website or websites designated at the time of accepting this Agreement. Any additional websites or entities require prior written approval from NOTIQ.

d. The applicant cannot modify the links or other materials provided by NOTIQ or the placement of the links on their website. The applicant consents to NOTIQ's periodic monitoring of their website to ensure continued compliance with this Agreement.

e. The applicant consents to NOTIQ, including information regarding traffic from their site in NOTIQ's reports, which may be provided to outside parties.

f. The applicant cannot place affiliate links to unsolicited content in newsgroups, message boards, unsolicited Emails and other types of spam, banner networks, counters, chat rooms, guest books, channels, or through similar internet resources.

 

7: ANTI-SPAM POLICY

a. The applicant's Affiliate Program account will be closed immediately, without notice or compensation, if found to be involved in a SPAM/UCE campaign, including flooding newsgroups, distributing messages to applicants that do not want the information, or any other abuse contravening UCE legislation.

b. Our Privacy Policy becomes null, and all pertinent information will be provided to any investigating authorities or anti-spam organizations.

c. NOTIQ has a "Zero-Tolerance" policy against SPAM, be it direct, third party, or any affiliate of the applicant or similar agent acting on their behalf. Therefore, NOTIQ reserves the right to terminate any violating applicant's account or any part thereof without notice or compensation.

 

8: CUSTOMER SERVICE

a. NOTIQ will handle all customer inquiries, merchandise orders, customer billing and collection, and product shipment related to customers who enter NOTIQ's site through the links from the applicant's site. Pricing of NOTIQ's merchandise and services is at NOTIQ's sole discretion, and the company reserves the right to change the pricing structure, terminate any special offers, discontinue merchandise or services, or change the terms under which merchandise or services are offered at any time without any advanced notice to the applicant or users accessing NOTIQ's site. NOTIQ's sole responsibility to the applicant is to track customer orders that occur through links from the applicant's website and provide reports via a third-party, independent affiliate portal app for the referral fees due to the applicant as a result thereof. NOTIQ has no obligation to provide the applicant with any specific information regarding any customer, whether they access NOTIQ's site through the link from the applicant's site or not.

b. NOTIQ is not responsible for the failure to assign any sale or referral fees to the applicant if the result is the improper formatting of the link from the applicant's website. The applicant should ensure at all times that the link is appropriate.

 

9: COMPENSATION

Start as an Ally. Become an Ambassador.

I. Ally  II. Affiliate  III. Associate  IV. Ambassador

Tier	I.	II.	III.	IV.
Referral Commission	8%	10%	12%	14%
Minimum Qualifying Shop Referral Threshold¹	$100+	$1500+	$3000+	$5000+
One-Time, Additional Welcome Bonus For Each New Level	$5	$75	$150	$250
Earn Cash Payments by PayPal	✔	✔	✔	✔
Access to Affiliate 30-Day Referral Links²	✔	✔	✔	✔
Access to Affiliate Account Management Portal³	✔	✔	✔	✔
Access to Private Product Training and Support	✔	✔	✔	✔
Access to Private Sale Events	✔	✔	✔	✔
Access to Additional Income Opportunities⁴	-	✔	✔	✔
Access to Referal Gift Codes*	-	-	✔	✔
Complimentary Products & Gifts	-	-	-	✔

• ¹ Commissions are paid on pre-tax and shipping amounts for non-subscription shop sales and non-returns.
• ² In Lieu of discount codes, NOTIQ offers referral links and referral gift codes for qualifying levels.
• ³ Inactive accounts for a period of 60 days will require a new application to restart.
• ⁴ Additional opportunities include exclusive promotions and marketplaces 

 

a. Referral fees will be paid to the applicant based on a percentage of sales made to users who access NOTIQ's site through the applicant's site. Referral fees will be calculated based on the sales price, excluding any shipping and handling, sales tax, special service fees such as gift wrapping or packaging, late charges, collection costs, imports/export duties, and any other payment made to NOTIQ that is not the purchase price for the merchandise. Referral fees will not be calculated based on amounts that are attributable to credit card fraud, credits given to customers, bad debt write-offs, and returned goods. NOTIQ reserves the right to deduct any referral fee paid to the affiliate for merchandise that is subsequently returned or refunded or for any other reason if the previous monthly referral fee was overpaid or later subject to reduction.

b. This Agreement currently sets forth the percentages to be paid as referral fees. NOTIQ reserves the right to change and amend the referral fee rate structure at any time, with a calendar fifteen-day advance notice, in NOTIQ's sole discretion.

c. Referral fees will be payable only on sales that are tracked through NOTIQ's online tracking system that indicates the applicant's website's link as the source, which sale occurred within 30 calendar days of the most recent visit to NOTIQ's site through the applicant's website. There is no right to a referral fee if (i) a user makes a purchase outside of such 30-day period or (ii) a user later returns to NOTIQ's site through another link or source other than through the applicant's website and makes a purchase. All sales made within 30 calendar days of the most recent visit to NOTIQ's site through the applicant's website will (i) be tracked in NOTIQ's online tracking system provided by an independent third-party app and (ii) count towards referral fee calculations.

d. NOTIQ will pay a referral fee only upon collection by NOTIQ. The applicant has the right to referral fees once the applicable customer has paid NOTIQ in full. Currently, only purchases made through NOTIQ's online shop process for non-subscription products will count toward referral fee calculations.

e. Referral commissions will be paid once a month, after the 15th of the following month, if your commission balance exceeds a $25 threshold. If your commission balance in a given month does not meet the $25 threshold, your account balance will be carried forward to the next month. Please note that due to holidays, weather events, or office closures, we cannot guarantee an exact date of referral fee calculation or payment. However, we will make sure that payment is made after the 15th of the following month. All payments will be made via PayPal payments for goods and services to the PayPal email address that you provide on the application. To comply with IRS regulations, PayPal will also provide any relevant end-of-year tax forms.

f.  If the applicant discovers a potential error in the calculation of referral commissions or payments, applicant may contact NOTIQ for clarification or resolution. NOTIQ will work with the applicant to provide a prompt resolution or clarification to applicant's concerns.

 

10: CUSTOMERS' PROVENANCE

All parties who make purchases through NOTIQ's website, regardless of whether they may have reached NOTIQ's website through the link from the applicant's website, are deemed to be NOTIQ's customers and not the applicant's customers relative to NOTIQ's merchandise and services. NOTIQ will have the right to contact these customers and send future marketing offers to them. The applicant will have no right to referral fees on subsequent purchases that may be made by these customers, except for subsequent purchases that may be traced at the time of purchase through a link from the applicant's website. Additionally, all such customers and purchases will be subject to NOTIQ's policies, procedures, rules and regulations, and the applicant has no right or authority to amend or offer any different offers relative to the purchase of merchandise from NOTIQ's website. NOTIQ, however, reserves the right to amend any of its terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to NOTIQ's business and sale of merchandise at any time in its sole discretion.

 

11: TRADEMARKS AND COPYRIGHTS

a. The applicant will have a non-exclusive, limited-term license to use the trademarks, logos, and copyrighted material that NOTIQ provided to the applicant for use solely on the applicant's website and any owned social media accounts, email programs, and other marketing campaigns associated with said website or websites that the applicant indicates on the application. The applicant may only use the images that NOTIQ makes explicitly available to Affiliate Program members in the area of NOTIQ's website or affiliate portal that are specifically designated as approved images. The applicant may not distribute, reproduce, modify, or amend these images in any way. The applicant may use these images only to promote NOTIQ's website and merchandise on the applicant's website or social media profiles in compliance with the Affiliate Program policies and procedures and the terms of this Agreement. The license so granted is subject to complete compliance with all terms and conditions of this Agreement and any policies NOTIQ may create and amend from time to time regarding the Affiliate Program.

b. The applicant will only use such items in the form, size, content, and appearance that NOTIQ provided them to the applicant. The applicant is not permitted to modify them. The applicant agrees to display all images or text supplied by NOTIQ in a manner that accurately and fairly represents NOTIQ's products and services.

 

12: REPRESENTATIONS AND WARRANTIES

The applicant confirms that they have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable agreement. All necessary corporate or organizational actions and approvals have been duly and validly authorized for the entry of this Agreement. The applicant's entry of this Agreement is not prohibited by the Affiliate Program Agreement terms of any document, is not contrary to any law, rule or regulation, and is not in violation of any court or administrative order.

 

13: TERM

This Agreement will not take effect until NOTIQ accepts the applicant's submission of the Agreement. This Agreement will remain in full force and effect until terminated by either the applicant or NOTIQ. Either party may terminate this Agreement at any time, with or without cause, by giving written notice of termination to the other party in compliance with this Agreement. Notices may be sent to either party by e-mail. Notices sent by NOTIQ will be sent via email to the applicant at the email address on the affiliate application. Any notices to the applicant via email at such address will be considered adequate notice to the applicant for all purposes.

 

14: TERMINATION

If this Agreement is terminated as a result of the applicant's failure to comply with the terms of this Agreement or any policies and procedures of the Affiliate Program that may be established and amended by NOTIQ in its discretion from time to time, the applicant will forfeit all right to receive past referral fees that may have accrued to the applicant. If this Agreement is terminated for any other reason, the applicant will have the right to receive their accumulated referral fees through the effective date of termination. NOTIQ has the right to withhold final referral fee payments for sufficient time to ensure that the amount paid to the applicant is accurate and not subject to later adjustment for returns or any other reason. If following final payment, NOTIQ determines that the amount of referral fees paid to the applicant was in excess of referral fees payable and due to the applicant, as a result of subsequent returns or any other adjustment or reason, the differential shall be a debt from the applicant to NOTIQ. NOTIQ shall have the legal right to receive a refund for such overpaid referral fees from the applicant.

 

15: MODIFICATIONS

NOTIQ reserves the right, at its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to the applicant. Notice of any changes may be given via email to the applicant or by posting such changes in the Affiliate Program sections of NOTIQ's website. Such changes and modifications will take effect upon transmission of email or posting on NOTIQ's website or affiliate portal. If any of these modifications are unacceptable to the applicant, the applicant may terminate participation in the Affiliate Program, and such termination shall be the applicant's sole and exclusive remedy. If the applicant continues to participate in the Affiliate Program following such modifications, the applicant will be deemed to accept any such changes.

 

16: LIABILITIES

a. NOTIQ hereby disclaims any and all warranties and liability related to any downtime or failure for users to access NOTIQ's website or to access NOTIQ's website using the link from the applicant's website. Furthermore, NOTIQ shall not be responsible for and hereby disclaims any and all warranties related to NOTIQ's website, the Affiliate Program, the applicant's participation in the Affiliate Program, the applicant's ability to make any referral fees or otherwise profit through participation in this Affiliate Program, including but not limited to any warranties of fitness for any particular purpose or merchantability, non-infringement, or any claim made based upon NOTIQ's course of dealing or usage of trade. NOTIQ does not represent or warrant that NOTIQ's website or any application, including but not limited to its link tracking features, will be error-free or that NOTIQ's website or any application will function without interruption.

b. NOTIQ will not be held responsible for any type of damages or liabilities, whether direct or indirect in nature. This includes, but is not limited to, incidental, consequential, indirect, or special damages, loss of profits, lost business opportunities or any other damages. It is important to note that NOTIQ's total liability for any damages arising under this agreement shall not exceed the total referral fees paid and payable by NOTIQ pursuant to the terms outlined in this agreement.

 

17: CONFIDENTIALITY

If any information related to NOTIQ and its business is disclosed to the applicant through the applicant's participation in the Affiliate Program, which NOTIQ deems to be confidential, the applicant will keep such information confidential and will not disclose it to any third party without the prior written consent of NOTIQ.

 

18: INDEMNIFICATION

The applicant agrees to indemnify and hold NOTIQ, as well as all of NOTIQ's stockholders, officers, directors, employees, contractors, affiliates, agents, successors and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related to the applicant's participation in the Affiliate Program. This includes any claims that any of the applicant's trademarks and other proprietary material infringe upon the rights of any other party, the applicant's breach of any term, covenants, condition, representation, or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to the applicant's use, operation, or the content of the applicant's website.

 

19: GOVERNING LAW

This Agreement shall be interpreted under the laws of the state of Texas. Any legal actions relative hereto shall be in the state and federal courts of Texas.

 

20: RELATIONSHIP OF THE PARTIES

The applicant and NOTIQ are independent contractors, and this agreement does not establish any other relationship between both parties. Both parties are not to be considered partners, joint ventures, shareholders, employers/employees, or agents/servants. The applicant does not have the power or authority to obligate NOTIQ to any agreement, debt, or liability. The applicant may not proclaim himself as an agent or representative of NOTIQ.

 

21: NOTICES

Notices meant for NOTIQ should be sent to the email provided to applicant on the Affiliate Portal. Notices intended for the applicant will be sent to the email address that the applicant provided to NOTIQ during the affiliate program application process. The applicant is responsible for periodically checking the Affiliate sections of the NOTIQ website to keep themselves informed of any notices published there.

 

22: ASSIGNMENT

This agreement is solely for the benefit of the applicant and cannot be assigned to any other party or legal entity. Any attempted assignment will be considered void.

 

23: ENTIRE AGREEMENT

This agreement outlines the complete understanding and agreement between you and NOTIQ regarding the Affiliate Program. It replaces all prior discussions, agreements, understandings, warranties, representations, or covenants between you and NOTIQ concerning the Affiliate Program only. This agreement can only be amended in writing and signed by authorized representatives of both parties, except as otherwise stated herein. Any waiver of a breach or default under this agreement does not waive any subsequent or other breach or default and does not modify the agreements set forth herein. If any provision or term of this agreement is deemed invalid, it does not affect the remaining provisions or terms.