Terms – MONQ Ambassador Program

This MONQ Ambassador Program Agreement (“Agreement”) is entered into by MONQ, LLC (“MONQ”) and the party executing this Agreement (“Ambassador”). This Agreement governs the Ambassador’s participation in the MONQ Ambassador Program described herein (the “Program”). You represent and warrant that: (i) you have the full legal authority to enter into this Agreement; (ii) you have read and understood the Agreement, and (iii) you agree to the terms of this Agreement. This Agreement is effective between the Ambassador and MONQ as of the date the Ambassador responds to the invitation e-mail by affirmatively agreeing to participate in the Program.

Definitions

“Ambassador” means a member of the Program who is at least 18 years old with a primary residence in the United States who is an individual with a valid tax ID number or social security number. 
“Custom URL” means the unique URL to be provided by MONQ to Ambassador and which will correlate Eligible Referrals submitted by Ambassador to Ambassador’s Program account.
“Eligible Referral” means an eligible net new customer lead for the direct online purchase of the MONQ Products directly from MONQ.com, excluding Ineligible Referrals. You are not considered an Eligible Referral.
“Ineligible Referrals” means government officials, government-owned or controlled entities and any of their employees, political parties and candidates and MONQ representatives, agents or employees.
“MONQ Products” means the products generally sold by MONQ and offered on MONQ’s website at monq.com.
“Referral” is a new customer lead for MONQ Products submitted by Ambassador, via its Custom URL, to MONQ.
“Referral Fees” means the fees, to be paid by MONQ to Ambassador, via cash or store credit, for Eligible Referrals that result in a Valid Transaction.
“Valid Transaction” is a closed sale for MONQ Products originating through an Ambassador’s Custom URL and which is made online directly between an Eligible Referral and MONQ in compliance with the requirements for payment of Referral Fees.

Program Overview

In compliance with this Agreement Ambassador will promote the Products only to Eligible Referrals who are at least 18 years of age. MONQ will provide Ambassador with a Custom URL for the purpose of correlating any Eligible Referrals resulting in a Valid Transaction under this Agreement. An Eligible Referral will receive a 10% discount on their initial purchase of MONQ Product originating from Ambassador’s Custom URL. A Valid Transaction must always originate from Ambassador’s Custom URL, or unique coupon code, as applicable, to qualify for Referral Fees.

Compliance

Ambassador represents, warrants and certifies to MONQ that: (i) it has legal authority to enter into these terms and participate in the Program; and (ii) it will comply with all applicable laws and governmental regulations.

Termination and Modification of Terms

MONQ may at any time and in its sole discretion: (i) modify or update the terms of, including but not limited to, the Program, this Agreement and will make such modified or updated terms available in writing, or (ii) revoke an Ambassador’s account, and/or terminate Ambassador’s participation in the Program in its entirety. If MONQ provides Ambassador with an updated Custom URL Ambassador agrees to begin using, and will be subject to, such updated versions no later than 7 days after receiving them.

Payment | Referral Fees

MONQ will pay Ambassador a commission for each Eligible Referral’s purchase that results in a Valid Transaction equal to between 10% and 20% of the purchase amount of the Valid Transaction, excluding taxes, shipping, and any returns.

Ambassadors generating $5,000 or more in sales in the previous calendar month will be paid 20%, in cash.
Ambassadors generating $1,000 or more in sales in the previous calendar month will be paid 10%, in cash.
Ambassadors generating up to $999 in sales in the previous calendar month, will be paid 10%, in store credit.

A Valid Transaction will only take place when: (a) an Eligible Referral completes a purchase online directly with MONQ using a valid payment instrument for the purchase of MONQ Products; (b) purchase originates from a Custom URL, or uses a coupon code, correlating to Ambassador’s account; (c) the Eligible Referral has not previously purchased MONQ Products from MONQ, and (d) where all the foregoing occurs during Ambassador’s period of participation in the Program. MONQ may, at its sole option, prospectively increase or decrease Referral Fees amounts by providing written notice (email/electronic communication permitted) to Ambassador, or update this Agreement. MONQ reserves the right, in its sole discretion not to pay any Referral Fees to Ambassador where MONQ determines Ambassador’s actions are not consistent with the intent of this Program, including if Ambassador’s URL and/or coupon code is found to be utilized from a Coupon Code aggregator website such as Join Honey or Coupon Okay.

Payment Process

For any month in which the earned referral fees are up to $99.99,  compensation will be provided in store credit to be utilized at MONQ.com.  For any calendar month in which the earned referral fees are $100.00 or greater, the fees will be paid via PayPal. PayPal’s commission may be deducted from your payment. The Referral Fee will be considered earned 45 days after the Valid Transaction and the amounts of any returns will be deducted from the purchase amount used to calculate the Referral Fees. Referral fees will be issued to Ambassador on a monthly basis, in US Dollars. 

Ambassador is solely responsible for ensuring its account information is accurate and current. MONQ will not be responsible for any payments not received due to Ambassador’s failing to provide accurate and complete account information for payment. MONQ reserves the right, in its sole discretion, to change the terms and conditions of the payment process to Ambassador.

Covenants

In addition to any other obligations set forth in this Agreement, the Ambassador agrees to the following:

  • Ambassador shall not represent a competitor of MONQ while participating in the Program;
  • Ambassador shall not “stalk” a competitor’s website or social platforms for sales;
  • Ambassador shall not post his or her referral link on MONQ platforms, including, but not limited to, @MONQ or @MyMONQ social media profiles, MONQ.com, and MONQ.com/eo;
  • Ambassador shall not post his or her referral link to coupon websites, applications, or similar platforms or use Google Adwords. Violation of this Section shall result in immediate termination of Ambassador’s Program account and forfeiture of all unpaid Referral Fees earned prior to the date of such termination;
  • Ambassador shall not under any circumstances pose as MONQ on any social media platform or domain name, including, but not limited to, by creating lookalike, impostor or false “MONQ” accounts, and shall not use the word “MONQ” in any social media handle. Ambassador is given no ownership or rights into any of MONQ’s intellectual property assets, including its trademarks.
  • Ambassador gives MONQ a worldwide license to broadcast, telecast, distribute, transmit and exhibit any and all content as part of this program, on all channels including but not limited to the MONQ website, MONQ social channels, and MONQadvertisements.
  • Ambassador permits MONQ to post comments and/or reply to comments, as appropriate, on Ambassador’s social media postings.

Term Termination

The Term will continue until terminated by either party as provided herein. Either party may terminate this Agreement immediately with or without cause upon written notice to the other party (email notice permitted). In the event of a termination, Ambassador will only receive Referral Fees that were earned in full for a Valid Transaction that occurred prior to the effective termination date. 
Any suspected abuse of the Program, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to MONQ or its interests may result in the revocation of Ambassador status and make Ambassador ineligible for further participation in the Program. 

Disclaimers; Limitation of Liability

EACH PARTY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAM AND CUSTOM URL IS PROVIDED “AS IS” AND AT AMBASSADOR’S OPTION AND RISK AND MONQ DOES NOT GUARANTEE ANY RESULTS. EXCEPT FOR (I) BREACHES OF SECTION 3 (COMPLIANCE); AND (ii) SECTION 9 (INDEMNIFICATION), TO THE FULL EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: (A) NO PARTY MAY BE HELD LIABLE UNDER THIS AGREEMENT OR ARISING OUT OF PERFORMANCE OF THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY IS AWARE OR SHOULD KNOW THAT SUCH DAMAGES ARE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY AND (B) NO PARTY MAY BE HELD LIABLE FOR DAMAGES UNDER THIS AGREEMENT IN THE AGGREGATE OF MORE THAN THE AMOUNT PAID BY MONQ TO AMBASSADOR UNDER THIS AGREEMENT IN THE 3 MONTHS BEFORE THE DATE OF THE ACTIVITY GIVING RISE TO THE FIRST CLAIM.

AMBASSADOR AGREES THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, AMBASSADOR’S PARTICIPATION IN THE PROGRAM OR THESE TERMS MAY BE BROUGHT BY AMBASSADOR MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF AMBASSADOR IS DISSATISFIED WITH THE PROGRAM, TERMINATION OF PARTICIPATION IN THE PROGRAM IS AMBASSADOR’S SOLE REMEDY. MONQ HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO AMBASSADOR.

Indemnification

Ambassador will defend, indemnify and hold harmless MONQ, its affiliates, directors, officers and employees against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising out of: (a) Ambassador’s participation in the Program; (b) Ambassador’s web site(s) or social media pages; and (c) Ambassador’s breach of any representation or warranty in this Agreement.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the Davidson County of Tennessee in any legal suit, action, or proceeding arising out of or based upon this Agreement.

Miscellaneous

All notices, unless otherwise stated herein, must be in writing and addressed to the attention of the other party’s primary point of contact. Notice will be deemed given when delivered (a) when verified by written receipt if sent by personal courier, overnight courier or mail or (b) when verified by automated receipt of electronic logs if sent by email. Ambassador will not assign or otherwise transfer its rights or delegate its obligations under the Agreement, in whole or in part, and any attempt to do so will be null and void. The Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party. The parties are independent contractors and the Agreement does not create any agency, partnership, or joint venture. No party is liable for inadequate performance to the extent caused by a condition that was beyond its reasonable control. Failure to enforce any provision will not constitute a waiver. If any provision is found unenforceable, the remaining provisions will remain in full force and effect. In the event of any termination or expiration of the Agreement, Sections 4, 6, 7, 8, 9, 10, and 11 shall survive. This Agreement is the parties’ entire agreement relating to its subject matter and supersedes any prior or contemporaneous agreements on that subject. Any amendments must be in writing and executed by both parties (electronic form acceptable).

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