Terms of Use and Privacy Statement
FOREWORD
Our
affiliates are very important to us at Qiqi Global. We value your partnership
and strive to treat you with the fairness and respect you deserve. In return,
we expect the same consideration from you. With that in mind, we have prepared
the following affiliate agreement to protect our company's reputation and
ensure a mutually beneficial relationship. Please take a moment to familiarize
yourself with these terms and conditions.
If
you have any questions or concerns, please don't hesitate to reach out to us.
We believe in open and honest communication and are here to assist you. You can
contact us at .
Sincerely,
Rama
Crevato
Director
of Digital at Qiqi Global
AFFILIATE
AGREEMENT
PLEASE
READ THE ENTIRE AGREEMENT CAREFULLY.
YOU
MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS
IS A LEGAL AGREEMENT BETWEEN YOU AND Qiqi INC. (www.qiqiglobal.com)
BY
SUBMITTING THE ONLINE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
Overview
This
Agreement outlines the terms and conditions for becoming an affiliate in Qiqi
Global's Affiliate Program. The purpose of this Agreement is to establish an
HTML linking relationship between your website and Qiqi Global's website.
Throughout this Agreement, "we," "us," and "our"
refer to Qiqi Global, while "you," "your," and "yours"
refer to the affiliate.
2. Affiliate Obligations
2.1.
To join our affiliate program, you must complete and submit the online
application available on the Affiliatly.com server at https://s2.affiliatly.com/af-1062585/affiliate.panel?mode=register.
Additionally, you should review our website and familiarize yourself with our
Website Terms and Conditions:
https://qiqiglobal.com/legal/pro-control-salon-series. Please note that our
manual approval of applications does not preclude us from re-evaluating your
application at a later stage. We reserve the right to reject your application
at our sole discretion. Furthermore, if we determine that your site is
unsuitable for our program, we may cancel your application. Unsuitability
includes, but is not limited to, the following criteria:
2.1.1.
Promotion of sexually explicit materials
2.1.2.
Promotion of violence
2.1.3.
Promotion of discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
2.1.4.
Promotion of illegal activities
2.1.5.
Incorporation of materials that infringe or aid in the infringement of
copyright, trademark, or other intellectual property rights, or violate the law
2.1.6.
Use of "Qiqi" or variations or misspellings thereof in your domain
name
2.1.7.
Engagement in any other unlawful, harmful, threatening, defamatory, obscene,
harassing, or racially, ethnically, or otherwise objectionable activities, at
our sole discretion
2.1.8.
Inclusion of software downloads that potentially divert commissions from other
affiliates in our program
2.1.9.
Prohibition from creating or designing your website or any other website,
explicitly or implicitly, in a manner that resembles our website, or in a way
that misleads customers into believing that you are Qiqi Global or any other
affiliated business.
2.2.
As a Qiqi Global affiliate, you will have access to an Affiliate Account
Manager. This platform allows you to review our program details, browse
previously approved HTML code, access our banners and logos, and stay updated
on your account status and commission payouts.
2.3.
It is your responsibility to ensure that your affiliate links are working
correctly. We will not be liable for any lost commissions due to improper or
broken links.
2.4.
It is also your responsibility to promote Qiqi Global using ethical marketing
methods that comply with all applicable laws and regulations. You must not
engage in any deceptive, misleading, or spammy practices.
2.5.
Affiliates engaging in any prohibited activities, as outlined in Section 2.1,
may have their affiliate account terminated and may be subject to further legal
actions, as deemed necessary.
2.6 You are free to promote your own web sites, but
naturally any promotion that mentions Qiqiglobal.com could be perceived by the
public or the press as a joint effort. You should know that certain forms of
advertising are always prohibited by Qiqiglobal.com. For example, advertising
commonly referred to as "spamming" is unacceptable to us and could
cause damage to our name. Other generally prohibited forms of advertising
include the use of unsolicited commercial email (UCE), postings to
non-commercial newsgroups and cross-posting to multiple newsgroups at once. In
addition, you may not advertise in any way that effectively conceals or
misrepresents your identity, your domain name, or your return email address.
You may use mailings to customers to promote Qiqiglobal.com so long as the
recipient is already a customer or subscriber of your services or web site, and
recipients have the option to remove themselves from future mailings. Also, you
may post to newsgroups to promote Qiqiglobal.com so long as the news group
specifically welcomes commercial messages. At all times, you must clearly
represent yourself and your web sites as independent from Qiqiglobal.com. If it
comes to our attention that you are spamming, we will consider that cause for
immediate termination of this Agreement and your participation in the
Qiqiglobal.com Affiliate Program. Any pending balances owed to you will not be
paid if your account is terminated due to such unacceptable advertising or
solicitation.
2.7. Affiliates that among other keywords or
exclusively bid in their Pay-Per-Click campaigns on keywords such as
Qiqiglobal.com, Qiqi merchant, www.Qiqiglobal.com, and/or any misspellings or
similar alterations of these – be it separately or in combination with other
keywords – and do not direct the traffic from such campaigns to their own
website prior to re-directing it to ours, will be considered trademark
violators, and will be banned from Merchant’s Affiliate Program. We will do
everything possible to contact the affiliate prior to the ban. However, we
reserve the right to expel any trademark violator from our affiliate program
without prior notice, and on the first occurrence of such PPC bidding behavior.
2.8. Affiliates are not prohibited from keying in
prospect’s information into the lead form as long as the prospects’ information
is real and true, and these are valid leads (i.e. sincerely interested in
Merchant’s service).
2.9. Affiliate shall not transmit any so-called
“interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance
Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or
“deceptive pop-ups and/or pop-unders” to consumers from the time the consumer
clicks on a qualifying link until such time as the consumer has fully exited
Merchant’s site (i.e., no page from our site or any Qiqiglobal.com’s content or
branding is visible on the end-user’s screen). As used herein a.
“Parasiteware™” and “Parasitic Marketing” shall mean an application that (a)
through accidental or direct intent causes the overwriting of affiliate and non
affiliate commission tracking cookies through any other means than a customer
initiated click on a qualifying link on a web page or email; (b) intercepts
searches to redirect traffic through an installed software, thereby causing,
pop ups, commission tracking cookies to be put in place or other commission
tracking cookies to be overwritten where a user would under normal
circumstances have arrived at the same destination through the results given by
the search (search engines being, but not limited to, Google, MSN, Yahoo,
Overture, AltaVista, Hotbot and similar search or directory engines); (c) set
commission tracking cookies through loading of Merchant site in . s, hidden
links and automatic pop ups that open Qiqiglobal.com’s site; (d) targets text
on web sites, other than those web sites 100% owned by the application owner,
for the purpose of contextual marketing; (e) removes, replaces or blocks the
visibility of Affiliate banners with any other banners, other than those that
are on web sites 100% owned by the owner of the application.
3. Qiqi Global Rights and
Obligations
3.1.
We reserve the right to monitor your website at any time to ensure its
suitability and compliance with the terms of this Agreement. If we determine
that your website is not suitable or violates any of the terms outlined herein,
we may suspend or terminate your affiliate account without prior notice.
3.2.
Qiqi Global reserves the right to modify any aspect of our Affiliate Program at
any time. This includes, but is not limited to, commission rates, payout
schedules, program rules, and marketing materials. We will notify you of any
changes via email, the Affiliate Account Manager platform, or through our
website.
3.3.
We reserve the right to reject any affiliate application or terminate any
affiliate relationship at any time, for any reason, at our sole discretion.
3.4.
Qiqi Global will be solely responsible for processing all orders placed by
customers who follow affiliate links from your website. We will also handle all
customer inquiries, complaints, and product support.
3.5.
We will provide you with access to reports and statistics regarding your
affiliate sales and commissions. Please note that this information is
confidential and should not be disclosed to any third party without our prior
written consent.
4. Commissions and Payouts
4.1.
As a Qiqi Global affiliate, you will earn a commission on every qualified sale
made through your affiliate links. A qualified sale refers to a purchase made
by a customer who follows your affiliate link and completes a transaction on
our website within a specified time frame. The commission rate and tracking
duration will be outlined in your Affiliate Account Manager.
4.2 Qiqiglobal.com uses a third party to handle all
of the tracking and payment. The third party is the Affiliatly.com affiliate
network. Kindly review the network’s payment terms and conditions https://www.affiliatly.com/legal-tos.
4.3. Commissions are typically paid
on a monthly basis, subject to a minimum payout threshold and any applicable
payment processing fees. Please refer to your Affiliate Account Manager for
specific details on commission rates, payout schedules, and payment methods.
4.4. You are responsible for
providing accurate and up-to-date payment information to receive your
commissions. Qiqi Global will not be held liable for any delays or losses
resulting from incorrect payment details.
4.5. If a customer requests a
refund or a purchase is found to be fraudulent, the corresponding commission
will be deducted from your account balance.
4.6. Qiqi Global reserves the right
to review and adjust affiliate commissions and payouts at any time, without
prior notice, if we suspect any fraudulent activity or violation of this
Agreement.
5. Termination
5.1.
This Agreement may be terminated by either party at any time, for any reason,
with or without cause. Upon termination, you will no longer be eligible for
commissions on subsequent sales, and any unpaid commissions will be forfeited.
5.2.
Upon termination, you must promptly remove all Qiqi Global affiliate links and
logos from your website and cease promoting our products and services.
5.3.
The rights and obligations outlined in Sections 3, 4, 5, and 6 will survive the
termination of this Agreement.
6. Grant of Licenses
6.1. We grant to you a non-exclusive,
non-transferable, revocable right to (i) access our site through HTML links
solely in accordance with the terms of this Agreement and (ii) solely in
connection with such links, to use our logos, trade names, trademarks, and
similar identifying material (collectively, the "Licensed Materials")
that we provide to you or authorize for such purpose. You are only entitled to
use the Licensed Materials to the extent that you are a member in good standing
of Qiqiglobal.com's Affiliate Program. You agree that all uses of the Licensed
Materials will be on behalf of Qiqiglobal.com and the good will associated
therewith will inure to the sole benefit of Qiqiglobal.com.
6.2. Each party agrees not to use the other's
proprietary materials in any manner that is disparaging, misleading, obscene or
that otherwise portrays the party in a negative light. Each party reserves all
of its respective rights in the proprietary materials covered by this license.
Other than the license granted in this Agreement, each party retains all right,
title, and interest to its respective rights and no right, title, or interest
is transferred to the other.
7. Disclaimer
QIQIGLOBAL.COM MAKES NO EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES REGARDING QIQIGLOBAL.COM SERVICE AND WEB SITE OR
THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF
QIQIGLOBAL.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
8. Representations and
Warranties
You represent and
warrant that:
8.1. This Agreement
has been duly and validly executed and delivered by you and constitutes your
legal, valid, and binding obligation, enforceable against you in accordance
with its terms;
8.2. You have the full
right, power, and authority to enter into and be bound by the terms and
conditions of this Agreement and to perform your obligations under this
Agreement, without the approval or consent of any other party;
8.3. You have
sufficient right, title, and interest in and to the rights granted to us in
this Agreement.
9. Limitations of
Liability
WE WILL NOT BE LIABLE
TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST
BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT,
IN NO EVENT SHALL QIQIGLOBAL.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF
OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT
LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION
FEES PAID TO YOU UNDER THIS AGREEMENT.
10. Indemnification
You hereby agree to
indemnify and hold harmless Qiqiglobal.com, and its subsidiaries and
affiliates, and their 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) (any or all of the foregoing
hereinafter referred to as "Losses") insofar as such Losses (or
actions in respect thereof) arise out of or are based on (i) any claim that our
use of the affiliate trademarks infringes on any trademark, trade name, service
mark, copyright, license, intellectual property, or other proprietary right of
any third party, (ii) any misrepresentation of a representation or warranty or
breach of a covenant and agreement made by you herein, or (iii) any claim
related to your site, including, without limitation, content therein not
attributable to us.
11. Confidentiality
All confidential
information, including, but not limited to, any business, technical, financial,
and customer information, disclosed by one party to the other during
negotiation or the effective term of this Agreement which is marked
"Confidential," will remain the sole property of the disclosing
party, and each party will keep in confidence and not use or disclose such
proprietary information of the other party without express written permission
of the disclosing party.
12 Miscellaneous
12.1. This Agreement constitutes
the entire agreement between you and Qiqi Global and supersedes any prior understandings
or agreements, whether written or oral, relating to the subject matter herein.
12.2. This Agreement shall be
governed by and construed in accordance with the laws of the jurisdiction in
which Qiqi Global is registered, without regard to its conflict of laws
principles.
12.3. Any disputes arising under
or in connection with this Agreement shall be subject to the exclusive
jurisdiction of the courts in the jurisdiction in which Qiqi Global is
registered.
12.4. If any provision of this Agreement
is found to be invalid, illegal, or unenforceable, the remaining provisions
shall continue in full force and effect.
12.5. The failure of either party
to enforce any provision of this Agreement shall not be construed as a waiver
or limitation of that party's right to subsequently enforce and compel strict
compliance with every provision of this Agreement.
12.6. You may not assign this
Agreement or any rights or obligations herein without our prior written
consent. We may freely assign this Agreement or any rights or obligations
herein.
12.7. This Agreement may be
executed in counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument.
By
submitting the online application, you acknowledge that you have read,
understood, and agree to be bound by the terms and conditions of this
Agreement.