QBurst Business Referral Program Terms

Affiliate Qualification and Registration

To participate in this Program, you must sign up for an Affiliate account with us. To sign up as an Affiliate, you must:

• Be 18 years of age.
• Own and run an active website, blog, or social media account.
• Have an established audience.
• Agree to the Program Terms.

You must provide your legal full name, a valid email address, and all other information requested in order to complete the sign up process for an Affiliate account.

Each Affiliate account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords rests with you.

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).

Once you have signed up, your continued right to participate in the Program is subject to your ongoing compliance with these Terms and our Privacy Policy.

If you are a QBurst employee, you can still register and participate in the referral program. You may generate leads through your blog or other digital channels to earn revenue share. However, leads generated by employees through QBurst channels (website, blog, digital ads, QBurst sponsored events, etc.) or activities paid for by QBurst will not be eligible for affiliate incentive. Your affiliate leads should result from activities independent of your job role at QBurst to be eligible for revenue share.

Affiliate Permission

QBurst grants you a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable, and revocable permission to display and promote QBurst services / products on your website in accordance with the Terms herein, from the date of our acceptance of you into the Program until the termination of this Agreement as set forth herein.

Referral Links and Promotion

Once you have signed up for the Program you will be provided with a URL (containing your referral ID) that must be used to identify you when placing a link from your website, email, ad, or other communications to the QBurst website. It is your responsibility to ensure each such link is correctly formatted.

We may also provide banners or images that can be used to promote our services / products. You may not modify these images.

Any promotional material which you may share with your audience / potential clients to promote QBurst services / products shall:

• Abide by this Program and the Terms mentioned herein.
• Adhere to QBurst brand guidelines.
• Comply with all applicable marketing, privacy and data protection laws, and governmental regulations.

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.

Branding Guidelines for Affiliates

As an Affiliate, you must adhere to the following QBurst brand guidelines when promoting our services / products.

• QBurst will be spelled with “Q” and “B” in uppercase letters.
• QBurst corporate logo will not be manipulated or modified in any manner.
• QBurst color scheme will be followed in the banners and other promotional content you create.
• For QBurst products, color schemes and branding should follow the guidelines provided for the individual products.

Program Requirements and Restrictions

Your activities to promote our services and products must reflect favorably upon us. You agree to use QBurst trademarks, banners, the content, and any images provided to you by us in accordance with our guidelines and without modification.

You will not attempt any fraudulent activities during your participation in the Program or use the Program for any unauthorized purpose.

You agree to remove or disable any content or promotional materials related to QBurst services / products from your website upon our request.

You agree to provide to QBurst any information regarding traffic sources, promotional channels, or your promotional methods with regard to QBurst services / products. You also agree to provide us with documents and information reasonably requested within five days to investigate unauthorized or potentially fraudulent activities associated with your Affiliate account or links.

You agree to maintain a privacy policy on your website that clearly and adequately describes how personal data is collected and used, your use of third-party technology, use of cookies, and options for discontinuing use of such cookies.

Your website must be FTC compliant and include a material disclosure statement before the affiliate link identifying your post as a promotional or paid advertisement and that you may receive a revenue share from any resulting sales. For more information about FTC disclosure requirements, see the Dot Com Disclosures Guidelines on the FTC website.

You may not use our name or graphics in any bulk email unless we have given our advanced written consent. We may terminate you from the Program if any meaningful spam complaints naming us or our services result from your marketing activities.

You will not split your referral earnings with any lead or client. In addition, you agree you will not use your affiliate link and collect revenue share for promoting our services to your employer, friends, and relatives.

You will not promote QBurst and our services / products on gambling websites, websites with adult, abusive, defamatory content, or any other content that we consider offensive or inappropriate, or that violates the rights of any third party or any applicable laws.

You agree that you will not participate in cookie stuffing, use any false or misleading links, will not SPAM, will not mask or attempt to mask the referring URL information, and will not use fraudulent mechanisms to generate traffic and leads.

You may not issue any press release with respect to your participation in the Program and any such action may result in your termination from the Program.

You will not misrepresent or embellish the relationship between us and you—say you develop our services, say you are part of QBurst or imply any relationship between us and you or any other party, except as expressly permitted by this Program and its Terms.

Referral Earnings and Payment

As an Affiliate, you may collect revenue share for all your qualified leads that convert into paying clients. You will be eligible for revenue share for the duration of the client’s liaison with QBurst and for all our projects with that client. The revenue share will be 2% of the invoice amount billed to the client.

You may also collect an additional $20 incentive for every qualified lead that you bring us by referring QBurst services.

The revenue share for referring Evalgator clients will be 10% of the invoice amount on every invoice paid in the first five years of the engagement.

Any visitor who lands on the QBurst website through your referral link and submits a project inquiry within 28 days is identified as a lead. Qualified leads are defined as those leads that are legitimate project inquiries from businesses genuinely interested in partnering with us.

If a visitor fails to submit an inquiry within 28 days of initial click-through and later returns without following your link, that will not count towards your referral. You will be eligible for revenue share and incentive only if your links are automatically tracked and reported by our system. For our system to track the referral link, the visitor must have cookies enabled.

You may receive revenue share payouts through bank transfer or wire transfer. You can choose the mode of payment at the time of signing up as an Affiliate.

Relationship of Parties

You are an independent contractor and have no authority to act for or on behalf of QBurst. This Agreement and your participation in this Program does not create or imply any kind of partnership, agency, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf.

Intellectual Property Rights

You do not acquire any intellectual property rights under this Program except the limited rights necessary to carry out the purposes of this Program.

You agree that no license is granted under this Program to use or access any of the QBurst services, products, proprietary technologies, or any information or other content provided thereby and that you neither own nor acquire any rights in or to these services.

You are solely responsible for ensuring that your articles, emails, ads, and any other content you create obey all applicable copyright, trademark, and other laws. QBurst will not be responsible if you use another party's copyrighted or trademarked material in violation of the law.

Term of the Agreement and Termination

This Agreement will come into effect upon your acceptance into our Program and will remain in effect until terminated by either party.

You may terminate your participation in the Program at any time by sending a written request to us at affiliate@qburst.com.

We may at any time and at our discretion modify, add, or delete the terms of the Program and this Agreement and will make such modified or updated terms available in writing on our website.

Your continued participation in the Program after any modification shall constitute consent to such modification. Opting out of the Program may result in the loss of all accumulated earnings. If you opt out and then sign back into the Program, you may be treated as a new Affiliate.

QBurst may suspend or terminate this Agreement / Program or your participation in the Program at any time at its sole discretion. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the QBurst website and all our images and other materials provided under the Program.

Indemnity

You agree to indemnify and hold harmless QBurst and its directors, employees, shareholders, or agents of any of them, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to QBurst Affiliate Portal.
• Your participation in the QBurst Business Referral Program.
• Your breach of any term of this Agreement.
• Your violation of Applicable Law or any Third Party right, including without limitation any copyright, property, or privacy right.

This indemnification obligation will survive the termination of this Agreement and your use of QBurst Affiliate Portal and participation in the QBurst Business Referral Program.

Limitation of Liability

The Program and referral link is provided “as is” and at the Affiliate’s option and risk. QBurst does not guarantee any results.

To the fullest extent permissible under applicable law, QBurst and its directors, employees, shareholders, or agents of any of them will not be liable or responsible for any lost profits, loss of use, loss of data, interruption of business, downtime, or any indirect, special, incidental, or consequential damages of any kind that may result to you or a third party in connection with this Agreement or participation in this Program.

Tax Status and Obligation

You are obligated to independently assess and comply with all relevant tax and legal requirements, and you are solely responsible for your own sales tax collection, reporting, and any other obligation arising from the referral income.

Notice

All notices, approvals, consents, and other communications required or permitted under this Agreement will be invalid unless made in writing.

All notices given by you to us must be given to QBurst Technologies Private Limited at affiliate@qburst.com.

We may give notice to you at the email address you provided to us when signing up for the Program or by posting on the QBurst website. Notice will be deemed received and properly served 24 hours after an email is sent or published on the website.

Events Beyond Our Control

We shall not be liable for failure or delay of performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, third party' equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, or Internet disturbances.

Waiver

Failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that (or any other) right or remedy 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

All the Terms of this Agreement are distinct and severable. If any of these Terms are found by any court or other authority of competent jurisdiction to be invalid, unenforceable, or illegal, this shall not impair the operation of this Agreement or affect the other Terms which are valid. The remaining Terms will continue to be valid to the fullest extent permitted by law.

Arbitration

Any dispute arising in relation to the Terms will be submitted to a sole arbitrator appointed by us under the Arbitration and Conciliation Act 1996. The venue of Arbitration shall be Trivandrum, Kerala.

Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of India and the competent courts in Trivandrum, Kerala shall have exclusive jurisdiction.