Free IQ will only sell Products and pay Commissions to Affiliates who register in this section of the Web Site and comply with the TOS. The following terms and conditions shall govern the sale of Products by Free IQ and the payments to be made to Content Providers and Affiliates. All terms shall have the same meaning as set forth in the TOS:
A. Content Providers
1. The suggested retail price for Products offered by Free IQ (the “Price” or “Purchase Price”) and Commissions payable to Affiliates will be set by the Content Provider by completing this online form.
2. By registering a Product to be sold by Free IQ, the Content Provider warrants that the Product is available for sale to Free IQ and that the Product is consistent with and will have all of the qualities and attributes described and provided by the Content Provider. The Product will be purchased by Free IQ from the Content Provider and sold to the Purchaser as a Free IQ Product at the time an order is placed.
3. Free IQ will sell the Product to the Purchaser under the Policies and Procedures and TOS set forth on the Web Site. If the Product is designed to be and designated below to be downloadable from the Web Site, Free IQ will fulfill the Product via a download to the Purchaser on the Web Site. If the Product is not designed to be fulfilled via a download on the Web Site, then Content Provider may elect to either self-fulfill the Product to the Purchaser, or fulfill the Product through a third party agent. For Products that are not fulfilled by a download on the Web Site, Free IQ will provide to Content Provider an email notification of its sale of the Product to a Purchaser, which shall include quantity sold and the sales price.
4. Shipping and handling charge for Products which are not downloadable on the Web Site will be as set forth below. If Free IQ is not the fulfillment agent, the shipping and handling charge will be remitted by Free IQ to Content Provider, along with the other amounts due to the Content Provider for the Product sale, as further provided below.
5. Content Provider shall indicate below the return policy for the Product. Physical returns and exchanges will be provided by the Content Provider or its designated agent fulfilling the Product. Free IQ will provide customer credits through the appropriate merchant accounts, using the third party credit mechanisms required by them. If Free IQ has disbursed or credited the Content Provider with the purchase price and disbursed or credited Commissions for a sale for which a return credit has been authorized by Free IQ, or if the Purchaser refuses authorization for a charge or claims a charge back, Free IQ shall have the right to debit the account of Content Provider, along with any shipping and handling amounts. Content Provider shall provide a credit card account against which debits can be asserted, if no credit balance is due from Free IQ at the time.
6. Free IQ shall disburse amounts due to Content Providers and Affiliates through their registered Pay Pal accounts, or via ACH transfers, on the following basis. Disbursements will only be made from the collected purchase price received by Free IQ for Product sales, in the following amounts, twice each month, in arrears:
(i) To the qualifying Affiliates, if any, the Commissions set by the Content Providers for Affiliates for the Product sale;
(ii) If there is no qualifying Affiliate for a Product sale, Free IQ will retain an amount equal to the Commission otherwise payable to an Affiliate.
(iii) The balance of the purchase price, including the shipping and handling charges, if items are fulfilled by Content Provider or its agent, shall be remitted to the account of Content Provider, less a) the Transaction Fee set by Free IQ and b) all merchant account fees assessed by merchant account providers and third party payors and intermediaries for the sale transaction, including fees and charges set by credit card providers and merchants, and/or Pay Pal or Google Checkout.
(iv) The current Free IQ Transaction Fee will be posted at the time of Product registration. Free IQ may at any time revise the Transaction Fee for the sale of Products by posting the same on its Web Site. For products which have been registered for sale at a stated Transaction Fee, Free IQ will not increase the Transaction Fee without first providing email notification of the increase to Content Provider at the email address provided by Content Provider at the time of registration of the Product.
7. Free IQ will charge the Purchaser for the sales price for the Product, the applicable shipping and handling, and if the Purchaser resides in the State of Georgia, applicable Georgia sales tax, which shall be remitted to the appropriate sales tax authorities.
8. The risk of loss for any Product will only be transferred to Free IQ if it fulfills the Product by download on the Web site or by a separate fulfillment agreement with the Content Provider. Content Provider and its agents will otherwise solely be responsible for loss or damage to the Product that occurs in connection with fulfilling the Product.
9. Free IQ may determine at any time, in its discretion, that it no longer chooses to carry or offer a Product registered by Content Provider. In such case, Free IQ will so notify Content Provider via e mail. Free IQ may in such event delete any downloadable files previously offered for sale on the Web Site via download.
10. Content Provider grants to Free IQ a royalty free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute and prepare derivative works from all Descriptive Materials and to sublicense the foregoing rights. Descriptive Materials mean all available information about each Product, including without limitation artwork and text for packaging (such as cover jackets, jacket flaps, promotional photographs, and descriptions, blurbs, author bios, Library of Congress information, table of contents, indexes, product description reviews other materials concerning the Product).
11. Purchasers who purchase Products are the exclusive customers of Free IQ. Accordingly, all Policies and Procedures concerning Users, Community Members, customers, customer service, pricing and sales will apply to these Purchasers, Users and customers. Free IQ may change its Policies and Procedures at any time, in its sole discretion.
12. All actions of all Content Providers and Affiliates and all Products registered on the Web Site are subject to the TOS, which are incorporated by reference herein.
B. Affiliates and Commissions
1. A commission (“Commission”) will be paid from the Price of each Product sold on Free IQ through an Affiliate. By registering as an Affiliate below and complying with the TOS and the Policies and Procedures from time to time set forth by Free IQ for Affiliates, an Affiliate will be provided with one or more Affiliate links or promotion codes and receive instructions on the appropriate posting and use of same.
2. If a Product is sold through the use of the Affiliate link or the use of a promotion code established for that Affiliate, the Affiliate issued that link or promotion code will be credited with a Commission for that Product sale, subject to its compliance with the TOS. Commissions shall be paid twice each month in arrears, via an Affiliate’s registered Pay Pal account or ACH transfer. Free IQ may provide or may not provide reports on Product sales and Commissions. The form, content, and frequency of the reports may vary from time to time, in our discretion.
3. The Commission to be paid for each Product sale will be established by the Content Provider for the Product. These Commissions may be varied and may change from time to time, in the discretion of the Content Provider. The commission payable by Free IQ will be the Commission amount established by the Content Provider at the time of sale of a Product. Free IQ will make current Commission rates available to Affiliates on the Web Site at the time Products are registered for sale and will endeavor to provide revised Commission rates which will be made available on the Web Site to Affiliates within a reasonable time after they may be revised by the Content Provider.
4. Free IQ offers a Two (2) Tier Affiliate System. The tiers are defined as follows. First Tier Commissions: An Affiliate qualifies for a First Tier Commission when a Purchaser is referred to the Web Site and purchases a Product through the Affiliate’s assigned links from any website, advertisement, recommendation, or other referral originating from the Affiliate or when the Purchaser uses the Affiliate’s assigned promotion code. The Commission is earned when Free IQ actually receives payment for the Product from the Purchaser. Second Tier Commissions: An Affiliate qualifies for a Second Tier Commission when a Purchaser is referred to the Web Site and purchases a Product through a Second Tier Affiliate whose links or promotion codes have been credited to a registered Affiliate, as a result of that registered Affiliate referring the Second Tier Affiliate to Free IQ and having it registered as its Second Tier Affiliate under the Policies and Procedures established by Free IQ.
5. In addition to the Two Tier Affiliate Commissions, Free IQ may from time to time offer a separate Commission to Affiliates who first cause a Content Provider to provide Products which are offered and sold on the Web Site. The amount of these Commissions and the period of time during which they will be paid will be established by Policies and Procedures set by Free IQ and further through registration by Affiliates for such Commissions through the Affiliate section of the Web Site.
5. Affiliate is solely responsible for declaring and paying all taxes arising from Affiliate's receipt of the Commissions. Affiliate will not register more than once as an Affiliate and will not sell or transfer any Commissions earned by Affiliate.
6. Free IQ grants to Affiliate a limited, non-exclusive, non-sublicensable, and non-transferable license to use the Web Site and any assigned link(s) or promotion codes solely for the purpose of promoting Product sales on the Web Site. Except as expressly set forth herein, no license to the Web Site or link(s) or promotion codes is granted to Affiliate for any other purpose.
7. Affiliate may terminate its status as such by following the steps provided for in the Web site to remove itself as an Affiliate. Free IQ may also terminate any relationship with Affiliate or any Second Tier Affiliate at any time, in its sole and absolute discretion, with or without cause, by delivering written or E-mailed notice of termination. Upon termination, Affiliate shall immediately cease use of, and remove from the Affiliate Site, any and all assigned links, promotion codes or other materials provided to Affiliate by Free IQ or associated with Free IQ.
8. Affiliates must ensure that each of the Affiliate links between their site and the Web Site properly utilizes Free IQ’s special link formats. Affiliates will earn Commissions only with respect to activity on the Web Site occurring directly through these link formats by Product Purchasers. Free IQ will not be liable for Commissions in the event of a failure to use its special links or assigned promotion codes.
9. Affiliates may not purchase Products initiated through their assigned links or promotion codes for their own use, for resale or commercial use of any kind. This includes orders for Purchasers or customers or on behalf of Purchasers or customers or orders for Products to be used by Affiliates or their friends, relatives, or associates.
10. Affiliates will not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or grant any discount or other benefit for using its assigned links or promotion codes or access the Web Site (e.g., by implementing any "rewards" program); (b) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Free IQ; (c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Web Site; (d) take any action that could reasonably cause any customer or Purchaser confusion as to our relationship with them, or as to the Web Site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (e) attempt to circumvent the Commission schedule or artificially increase Commissions (e.g. by intentionally featuring, purchasing or requesting or encouraging any Content Provider, purchaser or third party to offer or purchase low-price items offered on the Web Site for the purpose of qualifying for a Commission or exceeding any Commission threshold or by causing any page of the Web Site to open in a customer's browser other than as a result of the customer clicking on an assigned link; (f) attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any other Affiliate’s web site; (g) seek to purchase or register any keywords, search terms or other identifiers that include the word "Free IQ" or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.
11. Free IQ will not be required to pay and will retain the amount of all Commissions provided for or established by Content Providers and all special Commissions established for Affiliates who first cause Content Providers to offer Products for sale on the Web Site if a Product is sold to any Purchaser on the Web Site and no Affiliate Commission has been duly earned by a registered Affiliate, through the proper use of its assigned link, or through a Purchaser’s use of the Affiliate’s assigned promotion code, in full compliance with the TOS and the Policies and Procedures established by Free IQ.
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