MyQuickCloud Referral Partner Program
General Terms and Conditions
By signing up to be a Partner with the MyQuickCloud Referral Partner Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”).
Please ensure that you read them carefully before signing up.
These Terms are the agreement between MyQuickCloud (“MQC”, “we”, “us”) and You (the “Referrer”, “you”). MyQuickCloud is a trading name of Vedivi Limited.
We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms.
Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: https://myquickcloud.com/partners/affiliate-program/referral-partner-terms-and-conditions/
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be a Referrer and forfeiture of any outstanding referral fee payments earned or due.
Account Registration & Terms
You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for a MyQuickCloud Partner account (“account”)
You must be 18 years of age or older to join this Program.
Each Partner account is for use by either a single legal entity (e.g. a company) or an individual user. We recommend that you do not share your user name and password with any other person or persons. Responsibility for the security, host access and login information (including but not limited to any usernames, passwords) rests with you.
If you provide or otherwise make available access to your Partner account in whole or in part in any form to any person including your employees, (“Invitees”) you undertake to ensure that all Invitees comply with these Terms and acknowledge that you shall remain responsible and liable for the acts or omissions of all Invitees to the same extent as if you had carried out such acts or omissions yourself.
You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws), the UK, the US or any other country you conduct business with using MyQuickCloud.
Referral Links & Promotion
Once you have signed up for the Program you will be provided with access to a unique code and a URL link that must be used to identify your clients when sharing a code or link on your site, email or other communications . It is your responsibility to ensure each such link and code is correctly formatted.
You may not use our name in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Services, say you are part of MQC or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
Referral Fees
For the sale of a subscription service to be eligible to earn a referral fee, the customer must use your referral code, referral link or email (as it exists on your MQC account) when setting up the trial or purchasing the subscription. If they fail to subscribe using your partner code or fail to enter the code within the 30 day grace period of starting their subscription, you and/or they will not earn a referral fee.
We will only pay referral fees on subscriptions that are tracked and reported by our systems. For our systems to track the referral, the referrer client must use either the referral code, referral link or referrer email. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system.
The referral fee is based on the successful subscription of a customer that you refer. The referral fee will be credited to your Partner account once the customer pays their subscription and remains an active and paying customer in good standard for at least 125 continuous days. Referral fees are only earned if a customer makes a payment in full and does not file a chargeback dispute with their bank or financial institution.
Payment
Accrued referral fees are credited to your Partner account once the client has passed the qualifying period of 125 days.
You must have a valid MQC Partner account and associated payment method (credit card or PayPal) to receive referral fees. Once a payment method has been chosen it cannot be changed.
Referral fee withdrawal can either be added as a credit to your existing MQC account to be used against your subscription or by a cash withdrawal. Cash Withdrawals will only be paid to a valid Paypal account (Not Credit Card or bank transfer), any fees, conversion rates etc are the responsibility of the receiving Paypal account. The clearing of funds will be done on the last week of the month.
Customer payments refunded or retracted due to chargeback disputes do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures.
A summary of sign ups and status of referral fees is available to the Partner by logging into their Partner account.
The referral fee structure is subject to change at our discretion and is described in the Program details within the Partner account.
We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.
Customer Definition
Every customer who buys a service through this program is deemed to be a customer of MQC. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. We may change our policies and operating procedures at any time.
MQC is not responsible for any representations made by the Referrer that contradict our rules, policies or operating procedures.
Pricing & Availability
We will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies.
Services prices and availability may vary from time to time. Because price changes may affect services that you have listed on your site, you should not display services prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.
Licenses, Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws.
MQC is not responsible if you and your clients use our services and programs in conjunction with 3rd party copyrighted or trademarked material in violation of the law or if you and your clients use MQC without abiding by any and all 3rd party software and programs licensing requirements.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party.
Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination.
Notice by e-mail, to your email address on your MQC account, is considered sufficient notice to terminate this Agreement.
MQC reserves the right to end the Program at any time. Upon Program termination, MQC will pay any legitimate outstanding earnings that qualify at the time of the notice given.
Termination
MQC, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other MQC service, for any reason that we deem is in violation of this agreement, at any time.
Such termination will result in the deactivation or deletion of your Referrer Account, and the forfeiture and relinquishment of all potential or accrued referral fees on your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods or in violation of this agreement.
MQC reserves the right to refuse service to anyone for any reason at any time, including but not limited to abuse, fraud, illegal activities.
Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the MQC website and all our images and other materials provided under the Program.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, employment relationship, or any business or individual relation or dependence between the parties.
You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
Limitations of Liability
The Company and any of the Company’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, including without limitation negligence, contract or otherwise) in connection with this Program or the usage of MQC services and programs by you and your clients.
Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) fraud; or
(b) misrepresentation as to a fundamental matter; or
(c) any liability which cannot be excluded or limited under applicable law.
If your usage of material and/or services provided under this Program results in the loss of data, need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
The Company’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the payment we received for the corresponding individual client subscription (including only MQC user and self-hosting hosts and any other paid fees, such as Cloud servers, Microsoft licenses, etc…) corresponding to such a Claim, and will not include any corresponding qualified or due Referral fee.
Notice
All notices given by you to us must be given to MQC at [email protected] . We may give notice to you by email using the e-mail address you have on your MQC Account, regardless of whether this email address is still valid.
It’s your responsibility to maintain and check a valid email address on your MQC account.
Notices are deemed received and properly served 24 hours after the e-mail is sent. To prove the serving of any notice, it will be sufficient to prove that an e-mail was sent to the specified e-mail address of the addressee.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government affecting our services
Our performance is deemed to be suspended for the period during which the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
We will use our reasonable endeavors to bring the Force Majeure Event impact to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
Waiver
If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement
For the Referral Program, these Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
Governing law and jurisdiction
This agreement and legal notice shall be governed by and construed in accordance with UK law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the UK Courts.
