This Qotion Affiliate Program Agreement (the "Agreement") sets forth the terms and conditions regarding the Qotion Affiliate Program (the "Program") of Qotion.com (s) Private Limited. ("Qotion").

By agreeing to the AFFILIATE APPLICATION, you as an indivudual or your company agree(s) to be bound by the terms and conditions of this agreement. Please read the entire agreement carefully before accepting.
 

1. Definitions.

Capitalized terms in this Agreement will have the meanings set forth below or attributed to them in various sections of the Agreement. However, use of the term "Affiliate" in this Agreement shall not be interpreted or construed to mean that any party to this Agreement is an "affiliate" of any other party for purposes of any federal and state securities laws.

"Affiliate Originated Visitor" means a unique end-user who accesses the Qotion Site through an Affiliate Link on the Affiliate Site.

"Intellectual Property Rights" means all rights in and to trade secrets, patents, copyrights, trademarks, know-how, as well as moral rights and similar rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to any of the foregoing.

"Link" means a hypertext and/or graphical link, to or from one Web site to another Web site which allows an Affiliate Originated Visitor to automatically transfer from the Affiliate Site to the Intuit Site.

2. Enrollment in the Program.

To begin the enrollment process, Affiliate will submit and complete Affiliate Program application via  Qotion.com. Qotion will evaluate Affiliate's application and notify you of your acceptance or rejection of your application. Qotion may reject your application and reserves the right to terminate this Agreement for any reason with or without notice to Affiliate including but not limited to a determination that the Affiliate Site is unsuitable for or incompatible with the Program.
 

3. Links. 

Affiliate Links may not be placed in unsolicited e-mail and sites containing offensive, unsavory content

The affiliate has no right to alter the affiliate link. Affiliate will not use or display the Qotion in a manner that is defamatory, misleading, libelous, and obscene or otherwise potentially damaging to the reputation of Qotion, or the goodwill associated with the Qotion Brand Features.
 

4. Affiliate Obligations and Restrictions.

Affiliate will be solely responsible for the development, operation and maintenance of Affiliate Site and for all materials that appear on Affiliate Site, including but not limited to: 

- The accuracy and appropriateness of materials posted on Affiliate Site
- Ensuring that materials posted on Affiliate Site do not violate or infringe upon the rights of any third party.

5. Order Processing.

Qotion will process orders placed by users who follow the Links from Affiliate's Site to Qotion Web Site.

Qotion reserves the right to reject or withhold acceptance or fulfillment of orders for any reason or for no reason, including but not limited to the failure of any customer making an order to comply with our terms and conditions of sale, (which we may revise periodically without notice to you).

Qotion will be responsible for all aspects of order processing and fulfillment. The amount of sales generated using the Affiliated Links from Affiliate Site to Qotion Site will be tracked by Qotion's affiliate center . Affiliate will have access to Qotion affiliate center at, where Affiliate can check the Affiliate Site's sales activity on a daily basis. To permit accurate tracking and reporting, Affiliate must ensure that the Links between Affiliate Site and QotionSite are properly formatted and are maintained.

 
6. Payments.

Commissions will be paid every quarter for every successful transactions being made as a result of the affiliate's referral.

For products with a money back guarantee period, the commission will only be valid once this period has passed without a refund being made.

Affiliate shall be responsible for any and all tax liability arising out of your accrual or receipt of Commissions or Bounties and Affiliate hereby agrees to indemnify and hold Intuit harmless from any and all claims, damages and expenses (including, without limitation, attorneys' fees) arising from such tax liability.
 

7. Reservation of Rights.

Qotion reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein.

Qotion retains all right, title, and interest in and to the Intuit Brand Features and the Qotion Site, together with all Intellectual Property Rights thereto. In addition, Qotion shall establish all Intuit Product pricing and associated fees. Qotion may, in its sole discretion, change the Qotion Product pricing with or without notice.
 

8. Program Information.

Qotion will own all right, title and interest in and to all information that is created or collected in the operation of the  Site including, without limitation: (i) any contact information collected from any Affiliate Originated Visitors, (the "Contact Information"); and (ii) any information collected about product sales at the Qotion Site generated through the Affiliate Link(s), (the "Sales Information").

Qotion (will/can) not share contact information to Affiliates and/or other third parties. Qotion will make certain Sales Information available online to Affiliate from time to time. Affiliate will not disclose any Sales Information to any third party without Intuit's prior approval. Subject to the terms and conditions of this Agreement, Qotion grants to Affiliate a  non-exclusive, royalty-free license to use Sales Information solely in the manner and subject to the restrictions set forth in this Section.

Each party shall comply with its respective privacy policies and statements in handling, using and disclosing any Contact Information and Sales Information.
 

9 . Termination.

This Agreement will become effective on the Effective Date and ends when terminated by either party in accordance with this Agreement.

This Agreement may be terminated

- by Qotion, with or without cause, and with or without notice to Affiliate
- by Affiliate, with or without cause, by removing the Qotion Brand Feature from the Affiliate Site, and notifying Intuit of its intention to terminate the Agreement.

Upon termination or expiration of the Agreement:

(i) all licenses granted herein shall terminate;

(ii) Affiliate shall immediately remove any Affiliate Link(s) and Intuit Brand Features from Affiliate Site;

(iii) Qotion will pay Affiliate any accrued and unpaid Fees, provided such fees exceed $25; and

(iv) Sections 14, 15, 16, 17, 18, 20, and 21 and this sentence will survive. If Qotion should terminate this Agreement because Affiliate is in breach of a material term, Qotion may withhold Commissions or Bounties payable to you in an amount equal to the amount by which Qotion believes in good faith that we have been damaged by such breach, including prospective damages and damages resulting from claims by third-parties caused by such breach.
 

13. Modification. At any time and in Qotion's sole discretion, Intuit may modify any of the terms and conditions contained in this Agreement by

(i) Posting a change notice or a new agreement on
(ii) E-mailing a revised agreement to Affiliate. If any modification is unacceptable to Affiliate, Affiliate's only recourse is to terminate this Agreement. Affiliate's continued participation in the program following Qotions posting of a change notice or new agreement on  and/or affiliate's receipt of a revised agreement will constitute binding acceptance of the modification.
 

14. Disclaimer.

The site and related services are provided "as s" with no warranty, and expressly disclaims any warranty, express or implied, regarding the site, uncluding any implied warranty of merchantability, fitness for a particular purpose or non-infringement, and impled warranties arising from course of dealing or couse of performance.

In addition, makes no representation that the links, tracking data, the operation of site, or be free's procedures and systems for tracking and reporting sales generated by your site will be uninterrupted or error-free, and shall not be liable for the consequences of any interruptions or errors, including, without limitation, loss of data.

Shall have no liabilities or obligations under warranty or otherwise to any of your customers for damages arising out of or in connection with the delivery, use or performance of products.
 

15. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Qotion BE LIABLE WHETHER IN TORT, CONTRACT OR OTHERWISE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE FAILURE, OR OTHER PECUNIARY LOSS) ARISING FROM OR RELATING TO ANY PROVISION OF THIS AGREEMENT OR THE PROGRAM. WITHOUT LIMITING THE FOREGOING, Qotion's AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO AFFILIATE UNDER THIS AGREEMENT.

16. Authority. If the person entering into this Agreement is acting on behalf of his or her company, such person represents to Intuit that he or she has all requisite corporate power and authority to enter into this Agreement on behalf of Affiliate, that this Agreement has been duly authorized by Affiliate and that this Agreement will constitute the legal, valid and binding obligation of Affiliate. Such person hereby agrees to indemnify and hold Intuit harmless from any and all claims, damages and expenses (including, without limitation, attorneys' fees) arising from any breach of this Section. If the person entering into this Agreement is acting on one's behalf, such person represents to Intuit that he or she is an individual, 18 years of age or older, who is a U.S. citizen or permanent resident and is not a citizen or permanent resident of Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria.
 

18. Relationship of Parties. Affiliate and Qotion are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties. Affiliate will have no authority to make or accept any offers or representations on Qotion's behalf. Affiliate will not make any statement, whether on Affiliate Site or otherwise, that reasonably would contradict anything in this Section. Affiliate, as an independent contractor, will have sole responsibility for its expenses, employees, sales representatives and agents.
 

19. Communications. Affiliate agrees that by becoming a Qotion Affiliate, Qotion will contact you on a periodic basis with information about Qotion's affiliate programs.