Terms of Service

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. FusionQuest will attempt to collect payment by direct debit of the merchant's bank account or by charging merchants's credit card on the 7th of the month for the previous month (paying affiliates using a credit card incurs and additional 3% processing fee). 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
At FusionQuest, we have a ZERO TOLERANCE spam policy. All users of the FusionQuest 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 FusionQuest 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 with the FusionQuest name or any associated web site addresses to any type of "Safe List" or through any type of "Safe List" service.

Sending any e-mail with the FusionQuest name or any associated web site addresses, to any type of "lead" or "prospect" before you have received a request for more info from them.

Sending any e-mail with the FusionQuest name or any associated web site addresses, 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 with the FusionQuest name or any associated web site addresses as the return address.

Faxing, or Fax Blasting any message with the FusionQuest name or any associated web site addresses, to any recipient that has not requested the information first.

Use of the FusionQuest name or any associated web site addresses 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 FusionQuest member that engages in spam in connection with the FusionQuest 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.

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 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.

Timely Affiliate Payments
All affiliate program administrators agree to pay their affiliates that have exceeded the relevant Minimum Payout Threshold in a timely manner at least once per month. No affiliate that has exceeded the Minimum Payout Threshold should go more than one month without receiving payment. FusionQuest, Inc. offers the service to pay affiliates on behalf of merchants that have chosen to participate in the network option. In such case, FusionQuest, Inc. will calculate the amount of money necessary to pay all affiliates on the first of the month and inform the merchant of such amount. The merchant must agree to have that amount available to pay their affiliates by the 10th of the month. Where possible, FusionQuest, Inc. will directly debit the merchant's bank account to secure such funds on the 7th of the month. If that is not possible, other arrangements must be made to provide the necessary funds to FusionQuest, Inc. by the 10th of the month for the payment of all affiliates on the 15th of the month.

Minimum Payout Threshold
For all Network accounts for which FusionQuest will be handling the payment of affiliates, the payout threshold must be at least $20. For accounts that FusionQuest does not handle affiliate payments, there is no minimum threshold set by FusionQuest, Inc.

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. 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. 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.

Not Responsible for Fraudulent Activity
While FusionQuest has taken considerable measures to ensure the validity of all affiliate activity, no system is 100% cheat-proof. FusionQuest, Inc. shall not be held responsible for any monetary loss due to the fraudulent activity of a merchant's affiliate or affiliates. Any such dispute shall be between the merchant and the affiliate only and shall not directly involve FusionQuest, Inc. beyond the requesting of system activity logs.

Fees
The fees related to a FusionQuest Account for full activation are as follows:

A 15 day trial account can be set up with no fees of any kind. However, accounts that are not activated by paying the activation fee after the initial 15 day period will be automatically deleted.

See the current pricing options at: http://www.fusionquest.com/pricing.shtml

Monthly fee is billed on the setup anniversary day each month. Accounts that have not been paid within three weeks will be disabled. Resetting an account to active will be subject to a $149 reactivation fee.

System accesses include click throughs from affiliates, event logs, and all accesses of the Order-It order processing system. This shall not include any accesses of the administration areas.

A merchant may not purchase the FusionQuest service through their own link, thereby giving themselves a discount as this is contrary to the spirit of the relationship.

Affiliates shall be charged NO FEE by FusionQuest 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.

Support: Each account comes with 3 hours of free technical phone support and consultation. After 3 hours, telephone support and consultation will be provided at the rate of $75 per incident plus $1.50 per minute. E-mail support that requires no 'hands-on' action by the support technician will continue to be at no cost after the 3 hour phone support limit is reached. E-mail support that requires any action by the support technician after the 3 hour phone support limit is reached will be billed at $75 per incident.

Any support that requires the modification of the FusionQuest system to customize the system to accommodate a merchant will incur a minimum fee of $500 per incident, at the discretion of FusionQuest, Inc. Cost estimate of system customization will be provided upon request. Note: modifications made at the request of a merchant to fix an error or bug in an already existing algorithm will incur no fee.

Restricted Sites
Affiliate programs that will be promoting violence, pornography, illegal activities or the occult or a web-site with hateful or slanderous content are not permitted to be promoted through a FusionQuest Account. FusionQuest, Inc. reserves the right to deny an account to any individual or organization at its sole discretion. Non-pornographic adult oriented web-sites will be accepted at the discretion of FusionQuest management.

Refunds
Since merchants can set up an account at no cost and fully test the system out prior to paying the activation fee, there is no provision for refunds of the activation fee once paid. The monthly fee is also not refundable for any reason.

Arbitration
In the event that a user of the FusionQuest system feels they have a grievance against FusionQuest, Inc. or associates with respect to the FusionQuest system, such user agrees to first express such grievance to FusionQuest, Inc. by contacting via e-mail at support@fusionquest.com with the intention of coming to an equitable solution. In the event that such a solution is not forthcoming, the user agrees to resolve the situation through arbitration.

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.

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: 1/22/2008