These terms of service ("TOS", "terms", "conditions", "disclaimers", "contract", or "agreement") are entered into between Quantower LLC, doing business as Quantower.com, (“Quantower”, “we”, “us”, or “our”) and the entity joining the Quantower Referral program (“Referral”, “you”, or “your”).
This Referral Agreement contains the complete terms and conditions between Quantower LLC ("We", "us", "Quantower"), the Referral ("you", "Referral") regarding your participation in Quantower's Commission Referral Program (the "Referral Program").
By using the Platform and Services described in this document and marketed at Quantower.com, or subscribing to the services on the Quantower.com website, you are attesting that you have read, understand, and agree to these Terms, Conditions and Disclaimers and that you agree that your relationship with us is governed by the terms spelled out in the TOS. If you do not agree with these TOS, then you must immediately cease use of Quantower.com and any Quantower services or Platforms.
Our Referral Network
To participate as an Referral, you are required to be registered with Quantower and get your referral link in your account page (accounts.quantower.com). At our discretion, for any reason, we may disqualify you from our program.
How it works
You agree to provide Quantower with accurate information when setting up your account, during our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail or telephone about the Services. You agree to maintain a working e-mail address that is monitored daily and to promptly inform us of any changes to your e-mail address or phone number. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected because of your failure to provide us with updated contact information.
Commissions and Payout Terms
Commissions will be paid to Referrals based on successful referrals. A successful referral, or sale, is defined as: newly registered, non-fraudulent, active Quantower account, who has paid for services in full and has been directed to Quantower through your Referral tracking link. Due to the high frequency of credit card fraud, Referral commission fraud, and cancellation rates, Quantower reserves the right to hold commissions for up to 60 days for verification on a case-by-case basis. Quantower also reserves the right to claw-black or cancel any commission in the event that Quantower is unable to collect funds for services from the end user, or in the event that the order is found to be fraudulent, or in the event that the customer cancels and is refunded, or if Quantower learns that the commission was earned improperly through any means. There is one pay period per each every month. Pay periods are 30 days long. Commissions are paid once they have matured for 30 days after they were awarded, or when the hold on the commission is released (no more than 60 days from the time the hold was placed.) This time frame allows us to evaluate every order and assert its validity. In the event we are unable to verify the order during this time frame, we may, at our sole discretion, cancel your commission and cancel the order. Cancelled commissions cannot be reinstated. Any commission cancellations will be documented to the Referral on request to show sufficient reason for cancellation. Commission rates are posted on www.quantower.com/referral-program and will be updated there. If you have received a custom commission from Quantower in exchange for a referral commitment, then Quantower will modify your account settings to reflect this.
Term of the Agreement
The term of this agreement will begin once you follow to Referral Program page in your Account page, and will end when terminated by either involved party as indicated in this provision. You and Quantower reserve the right at any time to cancel this relationship, with or without cause. Once terminated, you will not be eligible to receive commissions for any future referrals. Quantower may modify this agreement at any time.
Termination for Material Breach
Quantower may terminate the Referral Program agreement between us upon the occurrence of a material breach, if this breach has not been cured by the Referral within three (3) days of Referral's receipt of notice of the breach. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
Quantower reserves all right, title and interest in, and to, the Quantower Technology, including the Platform, brand, image, logo, and creative assets of all kinds. This reservation of rights includes, but is not limited to, any derivative uses, improvements or enhancements to the Platform, and also includes any trademark or copyright interest in the Platform.
Representations and Warranties
We each warrant to the other that: (i) we have the power, authority and legal right to enter into these TOS; and (ii) we have the power, authority and legal right to perform our obligations under these TOS and all incorporated provisions.
You agree not to use the Platform in any way or for any purpose that would violate or have the effect of violating, any applicable laws, rules or regulations or any third-party rights, including, without limitation, any law or regulations governing public securities, markets and trading.
We make no implied warranties or representations with respect to the Referral program or any services sold via Quantower. Neither parties will be liable for any consequences of any interruptions of errors.
THE REFERRAL PROGRAM AND PLATFORM ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, QUANTOWER HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, ACHIEVEMENT OF PARTICULAR RESULTS, OR WARRANTIES OF MERCHANTABILITY AND TITLE. NO WARRANTIES ARE CREATED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. QUANTOWER DOES NOT WARRANT THAT THE SERVICE WILL BE SUITABLE FOR YOUR NEEDS, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. QUANTOWER CANNOT AND DOES NOT GUARANTEE THAT THE SERVICE WILL WORK ON ALL WEBSITES, AS SOME WEBSITES MAY NOT BE COMPATIBLE WITH THE QUANTOWER SERVICE. QUANTOWER IS NOT RESPONSIBLE FOR ISSUES RELATED TO BROWSER COMPATIBILITY. QUANTOWER IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU VIA THE SERVICE PROVIDED BY US. QUANTOWER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY QUANTOWER. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO QUANTOWER SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
No waiver of rights under these TOS, or any Quantower policy, or agreement between you and Quantower, shall constitute a subsequent waiver of this or any other right under these TOS.
These TOS may be assigned by Quantower. They may not be assigned by you without Quantower’s prior written consent. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
In the event that any portion or provision of these TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, the parties agree that the provision will be deemed modified to the least extent necessary to make it enforceable, and all other provisions of this Agreement will remain unaffected.
These TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
Limitations of Liability
Quantower will not be liable for incidental, special, indirect, or consequential damages, or any loss of revenue, profit, or data arising in connection with this agreement. The total loss of either parties will not exceed the total commissions paid or payable to you under this agreement in the preceding months (1 months) IN NO EVENT WILL QUANTOWER ’S LIABILITY HEREUNDER EXCEED THE AGGREGATE COMMISSIONS PAID BY QUANTOWER TO YOU FOR THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM QUANTOWER SHALL BE INTERPRETED TO INCLUDE QUANTOWER’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, REFERRALS, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH QUANTOWER.
You agree to indemnify and hold harmless Quantower LLC and its subsidiaries, Referrals, directors, officers, employees against any and all claims, losses, demands, damages, expenses, settlements of any kind for any reason without limitation that may arise out of your use of the Quantower Referral program or Quantower service.
Notices will be sent to you at the address you provide to us. It is your obligation to ensure that we have the most current address for you in our records. Please refer to our website, www.Quantower.com, for contact information for most issues, including technical support and billing. Notices regarding these TOS and other Quantower policies should be directed via postal mail ONLY to the following address: Quantower LLC, Shmidta Str., 34a, Dnipro, Ukraine
Neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event more than ten days from the beginning of the event.