This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, PrimeIQ Labs Affiliate program. By clicking “I Accept the Terms and Conditions” and submit:
- You hereby accept the terms of this Agreement
- You indicate that you have read and understood this Agreement
- You agree that you are bound by its terms
PARTIES. All references to “PrimeIQ Labs” herein means and refers to PrimeIQ Labs LLC, doing business as PrimeIQ Labs or PIQL. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement by clicking “I Accept the Terms and Conditions” and submit. PrimeIQ Labs and You are each referred to herein as a “Party,” and collectively as the “Parties.”
APPLICATION. You agree to provide all information requested by PrimeIQ Labs in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that PrimeIQ Labs retains sole and exclusive discretion to determine whether You qualify for participation in PrimeIQ Labs Affiliate program. Not everyone who applies for PrimeIQ Labs Affiliate program will qualify to participate
CONSENT TO BE CONTACTED. You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
COMPENSATION. If Your application to become an affiliate is approved by PrimeIQ Labs, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise PrimeIQ Labs. You will have the opportunity to receive a commission for each Sale that is registered using Your Affiliate ID
In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. There are some products sold that do not have trial periods.
The amount of commissions are 10% on all first-time purchases of PrimeIQ Labs Products through your affiliate link and 10% on all recurring payments of those PrimeIQ Labs **Products.
Since PrimeIQ Labs offers a thirty (30) day money-back guarantee, affiliates are not paid on first-time purchases until 30 days after their referral purchases a PrimeIQ Labs Product AND the referral either pays for their second month, or their referral cancels without asking for a refund. If a referral requests a refund on the first purchase of the PrimeIQ Labs Product, the affiliate is not eligible for their 10% commission. All recurring payments for PrimeIQ Labs Products originally purchased through the affiliates link are paid every 30 days to the affiliate.
Your commissions must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) before you receive a payment from** PrimeIQ Labs**. If your commissions in a 120-day period do not exceed $100.00 (USD) your commissions will not be paid and will be forfeited.
For you to be eligible to receive your commissions, you must have an active PrimeIQ Labs membership. If you cancel your membership and no longer have an active membership, you will not be eligible to withdraw your commissions. However, your commissions will be available to you whenever you return as a paying PrimeIQ Labs client. For example, you refer 10 people to the company, which earns you about $150/month in commissions. You stop paying for your membership, and you no longer have access to all future commissions earned from referring these 10 people. The 10 people stay active, and three months later you decide to pay for your PrimeIQ Labs membership again. You would have $450 (three months’ commissions worth for the 10 people you originally referred before canceling your account) in your credit wallet available to withdraw. If you have any questions on this, you may contact our team on firstname.lastname@example.org
Once a commission of $100 (USD) or more is earned, you will need to register with our third-party payment provider to receive payment of commissions. This means you are authorizing third party companies to contact you. You are solely responsible for complying with all tax laws in your respective jurisdiction(s) including, but not limited to, the payment of all required taxes to, and filing all returns and other required documents with, the applicable governing body(ies).
Affiliates are not permitted to open a PrimeIQ Labs account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Affiliates may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales.
Commissions are paid only for transactions that actually occur between PrimeIQ Labs and a Sale in which payment is received by PrimeIQ Labs. If payment for a Sold Account later results in a refund or chargeback, and if a Commission was paid to You for that Sold Account, then the Commission will be deducted from Your future Commissions. If PrimeIQ Labs determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be paid for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions, and PrimeIQ Labs may terminate this Agreement immediately without PrimeIQ Labs having any liability to You.
ADDITIONAL REPRESENTATIONS AND WARRANTIES. In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify PrimeIQ Labs of the same within 24 hours. PrimeIQ Labs, in its sole and exclusive discretion, may immediately terminate Your participation in PrimeIQ Labs Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.
Additional Terms of the Affiliate Agreement and Advertising Rules
These Advertising Rules apply to all activities of Affiliates.
General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws.
Affiliates are strictly prohibited from making claims concerning the products and services offered by PrimeIQ Labs that are inconsistent with, or beyond the scope of marketing materials produced and made available by PrimeIQ Labs on PrimeIQ Labs website, www.primeiqlabs.com, Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliates shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Affiliates may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect. PrimeIQ Labs retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws.
Disclosure. On any website that the Affiliate advertises any PrimeIQ Labs service or product, the Affiliate must plainly display (i.e., not in a link, or in small font) the following disclaimer language:
Disclosure: I am an independent PrimeIQ Labs Affiliate, not an employee. I receive referral payments from PrimeIQ Labs. The opinions expressed here are my own and are not official statements of PrimeIQ Labs or its parent company, PrimeIQ Labs LLC.
Non-Disparagement. Affiliate is not permitted to comment negatively about or disparage the products or services of PrimeIQ Labs or any other person or entity, including without limitation the products or services of a PrimeIQ Labs competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of PrimeIQ Labs, any brand name of PrimeIQ Labs, or based on the trademarks or brand name of any competitor of PrimeIQ Labs, or any other third party.
Social Media. If an Affiliate advertises on Instagram or YouTube, then each post must comply with all of the following:
- Each post must contain @primeiq_labs or #primeiqlabs, #PIQL.
- Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
- Each Instagram post must use Instagram’s “Paid Partnership” tool.
- Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right-hand portion of the video.
Income and Business Opportunity Claims. – Affiliates are expressly prohibited from making any claims that the use of PrimeIQ Labs services will guarantee that the user will make money. If Affiliate’s recruiting efforts include claims related to income the Affiliate has made from using PrimeIQ Labs services or as an Affiliate, the following guidelines must be adhered to:
(a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and
(b) Affiliate’s statements must be accompanied by the following disclaimer in the clear and conspicuous font: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money. If trading, only trade with money you are willing to lose.” Affiliate is also expressly prohibited from making any express or implied claims that PrimeIQ Labs is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
Affiliates may not use “PrimeIQ Labs” or other PrimeIQ Labs trademarks as part of any URL, domain or website name.
PrimeIQ Labs retains exclusive ownership of all PrimeIQ Labs Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of PrimeIQ Labs intellectual property.
Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to email@example.com
Independent Contractor Affiliates are independent contractors of PrimeIQ Labs. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between PrimeIQ Labs and You by virtue of this Agreement. You have no right to act on behalf of or bind PrimeIQ Labs in any way, nor share in the profits or losses of PrimeIQ Labs. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
NO WARRANTY; NO LEADS. PrimeIQ Labs does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that PrimeIQ Labs will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL PrimeIQ Labs LLC, OR THEIR RESPECTIVE OWNER(S), PARENT COMPANY(IES), AFFILIATE ENTITIES, EMPLOYEES, OR ASSIGNS HAVE LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION FOR AN AMOUNT PAID BY YOU TO PRIMEIQ LABS FOR THE SELECTED SERVICE SUBSCRIPTION AMOUNT PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST PRIMEIQ LABS OCCURRED OR TWO-THOUSAND DOLLARS ($9,999), WHICHEVER IS GREATER. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS AND ALL THEORIES OF LIABILITY ADVANCED, REGARDLESS OF WHETHER PRIMEIQ LABS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.
Indemnity. You agree to protect, defend, indemnify, and hold harmless PrimeIQ Labs, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third-party claim against PrimeIQ Labs for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
Term and Termination. If approved, Your participation in the PrimeIQ Labs Affiliate program will continue month-to-month until either:
- PrimeIQ Labs cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions and any other payments owed to You or that may in the future be owed to You without any further liability by PrimeIQ Labs to You OR
- PrimeIQ Labs or its successors or assigns, in its sole and absolute discretion, cancels or fails to renew this Agreement. In the event that PrimeIQ Labs or its successors or assigns cancel this Agreement, You will first receive thirty (30) days’ written notice, sent to the email address associated with Your Affiliate profile. OR
- You provide PrimeIQ Labs thirty (30) days’ written notice that You wish to cancel the Agreement.
Severability. In the event, any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.