LiveAgent’s Affiliate Program Terms and Conditions

By accessing, participating, or otherwise engaging in the affiliate program, you hereby affirm that:

1. You acknowledge that you have thoroughly read, comprehended, and consented to this Affiliate Partner Agreement (“Agreement”).
2. You possess the legal capacity to form a binding contract with: QualityUnit s.r.o., Vajnorska 100/A, 83104, Bratislava, Slovakia (European Union), OIN: 35908301 (“QualityUnit”).
3. You have the requisite authority to enter into this Agreement on your behalf or on behalf of the entity you represent. If you do not agree to be bound by this Agreement, you are prohibited from accessing or signing up for the affiliate program.

Definitions

• LiveAgent: A product, trademark and a copyright held by QualityUnit s.r.o.
• Qualified Referral: A referral that satisfies the criteria set forth in this Agreement. An Affiliate Partner will be eligible to receive a referral commission only if they submit a referral to QualityUnit that meets the criteria specified in this Agreement (“Qualified Referral”). QualityUnit retains the sole discretion to determine whether a referral qualifies as a Qualified Referral.
• Negotiation Rights: Affiliate Partner agrees not to negotiate terms or make commitments on behalf of QualityUnit. QualityUnit shall collect the applicable subscription charges for the QualityUnit Products directly from the Customer.
• Referral Link: A URL by QualityUnit utilized for the submission of referrals.
• Actively Promote: Engaging in marketing activities such as maintaining a microsite, leveraging social media platforms, distributing newsletters, and other promotional activities to advertise LiveAgent, without misrepresenting or impersonating LiveAgent or QualityUnit.
• Partner: Any entity or individual partaking in the LiveAgent Partnership Program.
• Basic Partner: A partner satisfying the requirements of the Basic level.
• Advanced Partner: A partner satisfying the requirements of the Advanced level.
• Professional Partner: A partner satisfying the requirements of the Professional level.
• Annual Commission: The cumulative commission accrued from existing sales within a given year.
• Minimal Accounts Sold: The minimum number of accounts (not agents) sold per affiliate account within one year.
• Provision Limit: Commission payment is accounted for from the first payment; commission is disbursed solely from the paid and utilized amount.
• Inactivity Limit: The duration since the last activity, after which the affiliate account is deactivated. Reactivation is permissible, but commissions will not be reinstated.
• Fixed Cost: An average fixed cost of 8% levied by our payment processor on each transaction. Commissions are calculated from the remaining 92% of the total order amount.
• Referral Commission: A commission disbursed to an individual who introduces new clients or customers to LiveAgent.
• Sponsored Demo Accounts: Accounts endowed with the latest features released for the partner’s internal testing purposes.

Addresses:

QualityUnit s.r.o.:
Vajnorska 100/A, 83104, Bratislava, Slovakia(European Union)
OIN: 35908301, TIN: 2021910891, VAT IN: SK2021910891

Affiliate Partner Responsibilities

Affiliate Partner hereby represents, warrants, and covenants that:
• You are the proprietor of the company and there exists no legal impediment precluding you from entering into a binding agreement.
• You are the proprietor or are duly licensed to utilize all content on your website.
• Your website and/or newsletter do not contravene any applicable laws or regulations.
• Your website and/or newsletter do not contain false representations or content that is defamatory or violates any rights of privacy or publicity.
• Your website and/or newsletter do not infringe any copyright, trademark, patent, or other proprietary rights.
• You will place our banners on your site as you see fit or within non-spam emails.
• PROHIBITED: The use of banners or links in newsgroups, chat rooms, message boards, banner networks, counters, or guestbooks is strictly prohibited.
• PROHIBITED: All PPC campaigns, including bidding within PPC systems such as Google Ads or Microsoft Ads and any other suspicious traffic, are strictly prohibited.
• You will not send unsolicited communications, junk email, spam, or other forms of duplicative or unsolicited messages to leads.
• You will not maintain more than one Account.
• You will not maintain an Account with more than one (1) Vendor.
• You will use only materials provided by QualityUnit for Affiliate Partner’s sales and marketing efforts.
• You will not engage in excessive telemarketing activities for promoting QualityUnit Products.
• You will not promote QualityUnit on sites containing unlawful, hateful, violent, abusive, or pornographic content.
• You will not impersonate LiveAgent or QualityUnit.
• You will comply with all applicable laws.
• You acknowledge that QualityUnit reserves the unilateral right to withdraw from the contract in the event of any violation or unethical conduct, with assessment at QualityUnit’s sole discretion.
• If the Affiliate Partner is found to be in violation of these terms and conditions, any outstanding payouts are void, and the agreement is immediately terminated.
• You agree to indemnify, defend, and hold harmless QualityUnit, s.r.o. from any claims, damages, liabilities, and expenses (including reasonable attorney’s fees) arising from your breach of this Agreement, your website, and/or your participation in the affiliate program.

Partnership Levels and Requirements

Basic Partner

• Commission: Up to 1000 EUR annually.
• Sales Requirement: Minimum of 2 accounts sold yearly.
• Account Activity: Each account must be active for at least 3 months.
• Commission Rate: 10%.

Additional Features:

• No mandatory promotion of LiveAgent.
• No sponsored demo accounts.
• General customer support available.
• No access to pre-release lists or cooperative marketing activities.

Advanced Partner

• Commission: Up to 5000 EUR annually.
• Sales Requirement: Minimum of 3 accounts sold yearly.
• Account Activity: Each account must be active for at least 3 months.
• Commission Rate: 20%.

Additional Features:

• Mandatory promotion through a microsite, social media, or newsletter.
• Use of LiveAgent Advanced Partner logo required.
• One demo account for testing updates.
• General customer support available.
• Information on new releases via email one week in advance.
• Participation in cooperative marketing activities.

Professional Partner

• Commission: Exceeding 10000 EUR annually.
• Sales Requirement: Minimum of 5 accounts sold yearly.
• Account Activity: Each account must be active for at least 3 months.
• Commission Rate: 30%.

Additional Features:

• Mandatory promotion through a microsite, social media, or newsletter.
• Use of LiveAgent Pro Partner logo required.
• Three demo accounts for showcasing features.
• Dedicated customer support contact.
• Early access to forthcoming features.
• Participation in cooperative marketing activities.

General Terms

• Compliance: Partner must comply with all applicable laws and regulations.
• Non-transferability: Benefits and obligations of partners are non-transferable.
• Modification: QualityUnit reserves the right to modify terms and conditions, including benefits and requirements, at its sole discretion. Notification of changes will be provided to partners.
• Termination: QualityUnit reserves the right to terminate participation for any partner not complying with the terms and conditions or for inactivity beyond the defined limits.
• Confidentiality: Information shared between QualityUnit and Partner as part of the program is confidential and must not be disclosed to any third party.
• Governing Law: These terms and conditions are governed by the laws of the jurisdiction in which QualityUnit operates.
• Dispute Resolution: Any disputes arising under these terms will first be attempted to be resolved through negotiation in good faith. If unsuccessful, disputes will be resolved by arbitration in the governing jurisdiction.
• Limitation of Liability: QualityUnit’s liability arising out of or related to this Agreement will not exceed the total commission paid or payable to the Affiliate Partner under this Agreement.
• No Warranty: QualityUnit makes no express or implied warranties or representations with respect to the affiliate program or any products sold through the program.
• Exchange Rate and Payouts: QualityUnit is not responsible for any fluctuations in exchange rates that may affect the value of payouts to partners. All payouts will be made in the agreed-upon currency, and any conversion to another currency is the responsibility of the partner. QualityUnit reserves the right to adjust payout amounts based on significant changes in exchange rates or other financial considerations.

Privacy Policy:

At Quality Unit, we uphold the highest standards of privacy and are committed to safeguarding the personal and business information of our users. We will not disclose any such information to third parties without obtaining explicit consent from you and your company. We ensure that your name, email address, phone number, and any other personal information remain confidential and are not sold to any external entities. We hold this information in strict confidence. Should you have any inquiries regarding your privacy rights, please contact us at support@QualityUnit.com.

Affiliate Payment

• QualityUnit assumes responsibility for the disbursement of affiliate commissions and all financial transactions pertinent to the QualityUnit Affiliate Program.
• Commissions are granted for generating authorized sales via your referral links. Prior to placing such links, your application to become an affiliate must be approved by QualityUnit.
• Payouts are issued on the fifteenth (15th) day of each month, provided that your account balance meets the minimum payout threshold of 250 EUR.
• Funds credited to your account do not accrue interest.
• If opting for payout via wire transfer, affiliates are liable for all associated banking fees.
• Affiliates are responsible for providing accurate bank account information. QualityUnit, s.r.o. is not liable for any damages arising from incorrect or missing bank account details provided by the affiliate.
• The affiliate program permits self-purchases; however, to qualify for commission payment, you must refer a minimum of two distinct customers, each placing separate orders.

Refunds, Chargebacks, and Non-Sufficient Funds

• In the event an order is subsequently refunded, a chargeback is initiated by the customer, or a customer’s check is returned due to insufficient funds, the corresponding referral commission and any applicable Affiliate chargeback fees will be subtracted from the subsequent monthly payment issued to the Affiliate.