Terms of Use

Affiliate Relationship
With regard to accounts that are not part of the FusionQuest Network, FusionQuest, Inc. is strictly a technology and service provider. The monetary relationship of affiliates is directly between the merchant and the affiliate. Affiliates are contractors of each merchant, independent of FusionQuest, Inc. Affiliates are NOT in any way contractors of FusionQuest, Inc. and have no contractual relationship with FusionQuest, Inc. with regard to commission payments earned. Each merchant is responsible for payments being made to affiliates in a timely manner and for submitting required 1099 tax forms for affiliates that earn more than $600 in any given year. FusionQuest, Inc. is not responsible for filing 1099 tax forms on behalf of any merchant, nor does FusionQuest, Inc. accept responsibility to cover commission payments due affiliates.

With network accounts, affiliates are technically contractors of FusionQuest, Inc. and are paid by FusionQuest. FusionQuest will calculate the amount due all affiliates on the first of the month for the preceding month and inform the merchant. Payment will be required from the merchant by the 10th of the month. Payments will be dispersed to the affiliates on the 15th of the month for the previous month or at the earliest date thereafter if payment from the merchant is delayed. It is agreed that affiliates will not receive commission payment from FusionQuest until payment is received from the merchant to cover all commissions to affiliates.
No Spam
We have a ZERO TOLERANCE spam policy. All users of the affiliate tracking system, whether affiliates or program administrators, shall not use the system in connection with any type of spam promotions. Spam shall include, but is not limited to, the sending of unsolicited information to a person or group that has not specifically asked to receive that particular information or is not a personal acquaintance of the individual sending the information. Any domain associated with the affiliate tracking system SHALL NOT be included in any such correspondence. This includes putting the link as HTML that does not visibly show the domain. Putting in a disclaimer providing the method for a recipient to be removed from a mailing list DOES NOT make this practice acceptable. The definition of spam shall further include, but not be limited to the following:

Sending any e-mail containing an affiliate link to any type of "Safe List" or through any type of "Safe List" service.

Sending any e-mail containing an affiliate link to any type of "lead" or "prospect" before you have received a request for more info from them.

Sending any e-mail containing an affiliate link as part of a confirmation/thank you letter as a result of a posting to a classified ad site or a FFA (Free For All Links) site.

Sending any e-mail related to the affiliate tracking system with a false return address.

Faxing, or Fax Blasting any message containing an affiliate link to any recipient that has not requested the information first.

Use of an affiliate link as part of any inappropriate news group or forum postings.

Use of ANY account in a manner not specifically authorized by FusionQuest, Inc is a misappropriation of our intellectual property and will be treated as such.

Any affiliate that engages in spam in connection with the affiliate tracking system in any way shall have their membership terminated immediately, and SHALL BE HELD LIABLE for any and all damages and/or losses that may result as a consequence.

No Predatory Advertising
All affiliates agree to refrain from any type of predatory advertising practices, the definition of which shall be at the sole discretion of FusionQuest, Inc., and shall include, but not be limited to, dynamically replacing the affiliate ID of one affiliate with that of another with the effect of "stealing" the commission away from the affiliate that earned it, whether this be intentional or not. Any activity of one affiliate that deprives another affiliate of what would have been legitimately earned commissions will not be tolerated. Affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions.

Privacy
All information of a personal or confidential nature gathered by FusionQuest, Inc. through the FusionQuest system, such as contact information including e-mail address, shall under no circumstances be divulged to any third party by FusionQuest, Inc. without the express permission of the affected individuals, unless required to do so by law. It is understood by all users of the FusionQuest system that they may receive periodic updates and information related to the FusionQuest system. However, FusionQuest, Inc. is not responsible for actions taken by merchants using FusionQuest as their affiliate tracking solution with regard to affiliate email addresses.

No Misuse
It is understood that any individual that uses the FusionQuest system shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of FusionQuest, Inc. It is also understood that users shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the user will be immediately terminated as a member and will forfeit all amounts owed, at the discretion of FusionQuest, Inc. All users further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, SHALL BE HELD LIABLE for any loss sustained by FusionQuest, Inc. or associates or any system user due to such action.

As Is Only
There is no warranty or guarantee of any kind with respect to the FusionQuest system as far as reliability, stability, quality or dependability. This means that FusionQuest, Inc. or associates cannot be held liable or responsible for any loss or damage incurred directly or indirectly due to the use of the FusionQuest system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service.

Fees
Affiliates shall be charged NO FEE by FusionQuest, Inc. for setting up an account to join affiliate programs or to join any program. Affiliates must check with each merchant to determine if the merchant operating the program expects a fee to join their program.

Payments
It is understood that FusionQuest is strictly a tracking system and that each merchant is solely responsible for the paying of all affiliates belonging to their program. This does not include merchants that are part of the FusionQuest network that use the FusionQuest service to pay affiliates. However, it is understood by affiliates that if FusionQuest is not able to obtain the funds from the merchant for commissions earned by the Network, the payment to the affiliate may be delayed, perhaps indefinitely, until commission payments are obtained.

FusionQuest is not directly responsible for affiliate payments of non-network accounts and any dispute regarding affiliate payments must be taken up with the merchant owning the program. FusionQuest, Inc. cannot be held responsible if payments are not made to affiliates. It is also understood that each merchant determines what method of payment they will use. Even though the system asks if PayPal is acceptable for payment, that does not determine whether or not a specific merchant will pay through PayPal, as some do not. The same is true for mailing a check. Although the mailing address is collected, that does not indicate whether or not a particular merchant will mail checks, as some do not. This principle holds true as well for direct deposit. Although bank info is requested, that does not indicate whether or not a particular merchant will pay through direct deposit, as some do not. However, it is against the Terms of Use for any merchant using the FusionQuest tracking system to not pay their affiliates. If payment is not received in a timely manner, please contact FusionQuest to notify us of the situation. If payment continues to not be made, the merchant's account will be closed, at the discretion of FusionQuest management.

With regard to FusionQuest Network payments, payment will be made by one of the following methods: 1. Direct Deposit to bank account. 2. Payment by Comdata Cash Card 3. PayPal 4. Wire transfer. Wire transfers will incur a $35.00 processing fee to be deducted from the commission amount. NOTE: With regard to Comdata Cash Cards, the cards will be mailed to affiliates, but will not be activated until FusionQuest receives notice that the card has been received. CARDS THAT ARE MAILED BUT FUSIONQUEST IS NOT NOTIFIED OF RECEIPT FOR A PERIOD IN EXCESS OF 90 DAYS WILL BE AUTOMATICALLY CANCELLED AND THE FUNDS WILL REVERT BACK TO FUSIONQUEST, INC. Termination
FusionQuest, Inc. may discontinue access to the FusionQuest system for individual users at their sole discretion and cannot be held liable for any loss or inconvenience caused by such action. Members may likewise terminate their membership by sending an email to this affect to support@fusionquest.com or simply click the button in their control panel to delete their account.

Remedies
In the event that an individual misuses the FusionQuest system in violation of these terms of use, that individual shall be prohibited from further access to the system at the sole discretion of FusionQuest, Inc. Furthermore, if the violation of these terms results in any type of loss to FusionQuest, Inc. or associates or to any other users of the FusionQuest system, monetary or otherwise, or the disruption of service, it is understood that the responsible individual or entity that was in violation shall be entirely responsible for any such loss and that FusionQuest, Inc. shall take appropriate legal action to recover losses incurred.

Subject to Change
These Terms of Service are subject to change at the discretion of FusionQuest, Inc. Your continued use of the FusionQuest system indicates your continued acceptance of this agreement.

Revised: 5/26/09