Affiliate Terms & Conditions

For the purposes of these Terms and Conditions the terms "we", "us", "our", "Company" are used in reference to "Canvas Quest", and the terms "you", "your","Affiliate" are used in reference to "you as the affiliate", and the terms "Site", "Website" are used in reference to CanvasQuest.com.
Any person or entity that participates or attempts to participate in our Affiliate Program (the “Affiliate Program”) must accept these terms and conditions (this “Agreement”) without change. By registering for or using the Affiliate Program, you agree to this Agreement.

Affiliate Program

Schedule A:

Please see below for the current settings of our Affiliate Program. They are subject to change. As such, they will affect your commissions earned. You may refer back to this page periodically for any changes or updates.

• Special Cookie Duration: 30 days
  The Special Cookie timeout will be set from the moment the customer successfully navigates to our Site using your special link (see Disqualified Purchases fore more details).
• Commission Rate: 7.5%
  1. Your default commission rate will be set the moment you successfully join the Affiliate Program and the moment your affiliate account is approved
  2. Although we have no intention of changing the commision rate, your commission rate may change in the event we modify our program settings.
  3. Please refer to your Affiliate Dashboard periodically for your account commission rate.
  4. In the event we increase our standard commision rate and it is not reflected on your Affiliate Dashboard, please reach out to us ASAP.
• Payout Schedule: weekly
• Minimum Payout Amount: 10 USD
• Commission Schedules: From time to time, we may introduce special schedules for better commission rates than your account commission rate. Please refer to your Affiliate Dashboard for current or upcoming schedules.
• Pending Time: 30 Days.
  During this period your balance will not be affected for Qualifying Purchases. Consequently, only your non-pending (i.e. current) balance is subject to Payout. The reason for the pending time is to make it compatible with our return policy.

Qualifying Purchases and Qualifying Revenue

We will pay commission income (aka "Qualifying Revenue") based on the Commission Rate or Commission Schedules after the Pending Time, after all of the conditions below are met:

• You place a Special Link on your website
• a customer clicks through a Special Link on your site or website to our Site
• the customer completes a purchase before the Special Cookie is removed or expires
• we receive payment for the purchase

For each Qualifying Purchase, the corresponding “Qualifying Revenue” is equal to the amount we actually receive from that Qualifying Purchase, less any shipping charges, gift-wrapping fees, handling fees, taxes (e.g. sales tax and VAT), service charges, credits, discounts, rebates, credit card processing fees, and bad debt.

Disqualified Purchases

Notwithstanding the foregoing, Qualifying Purchases are disqualified whenever they occur in connection with a violation of these terms or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Affiliate Program, including the most up-to-date version of Affiliate Terms & Conditions.
Further, the following purchases that would otherwise be Qualified Purchases are disqualified and excluded from the Affiliate Program:

1. any Product purchased after termination of your Agreement
2. any Product order where a cancellation, return, or refund has been initiated
3. any Gift Cards or Digital Services purchased
4. If the customer's browser settings do not allow cookies to be placed, or if the customer removes (either manually or with use of a software) their browser's cookies before completing the purchase.

Note: If a customer uses different Affiliate Special Links provided by different Affiliate accounts, only the most recent link visit and cookie will supersede. That's because each order can only have a one to one relationship to an Affiliate account.

Affilia​te responsibilities

It is understood that the Affiliate will introduce Company products and services to their current and prospective customers and will comply with all laws, including those that govern email marketing and anti-spam laws. The Affiliate will be fully responsible for any costs related to maintaining or marketing the Affiliate Program, including but not limited to costs associated with creation, hosting, modification, or improvements to the Affiliate's website; cost of internet marketing; offline marketing costs; postage; and all other costs and expenses. The Company will pay the Affiliate a commission per customer referred using an affiliate link and according to a weekly payout schedule.

Nature of partnership

The Affiliate will act as an agent on behalf of the Company by placing links on their website(s) to direct traffic to the Company website(s) registered at (CanvasQuest.com). Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Program will be available on the company website. Accordingly, the Affiliate must keep themselves informed of any amendments of Affiliate Programs, particularly if the Company has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.

Terms of the agreement

The term of this Agreement will begin upon the Company's acceptance of the Affiliate's application. The Affiliate is only eligible to earn commission fees on qualified purchases occurring during the term, and commission fees earned through the date of termination will remain payable only if the orders for the related products and services are not canceled, or refunded either partially or complitely, and comply with all terms laid out in this Agreement. The Company may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid and payments from referred company in its sole discretion. Any Affiliate who violates either this Agreement or the Company's Terms and Conditions will immediately forfeit their right to all accrued commission fees and be removed from the Company Affiliate Program. Without limitation, the Affiliate's participation in the program and this agreement shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate's violation of any of the terms of this Agreement or any applicable law or regulation having the force of law.

Indemnification

The Affiliate hereby agrees to indemnify and hold harmless the Company, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:

• Any claim that use of the Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party.
• Any claim related to the Affiliate's site, including, without limitation, its development, operation, maintenance, and content therein not attributable to the Company.
• Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by the Affiliate herein.
• your violation or failure to comply with these Terms
• your violation of any rights of a third party or entity.

Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, the Company may notify the Affiliate by email, but does not is not obligated to do so. You must check these Terms periodically for updates. Modifications may include but are not limited to changes in the payment procedures and Company Affiliate Program rules. If any modification is unacceptable to the Affiliate, their only option is to end this Agreement. Continued participation in the Company Affiliate Program following the notification of change or new Agreement posting on our site will indicate your agreement to the changes.

Affiliate payment

The Company makes no representations or warranties regarding potential income that may result from the Affiliate Program. Commissions will be paid to the Affiliate based on customers who access the Company website through the Affiliate's site or the Affiliate's links. Commissions will be based on gross sales price not including: any sales tax, shipping, special service fees (such as gift wrapping), late charges, collection costs, and any other payment made to the Company that is not the purchase price of the product or is otherwise part of DISQUALIFIED PURCHASES. The percentage paid as commissions is outlined in Schedule A (attached to this agreement). Payments are made automatically according to weekly payout schedule and when the Affiliate's account balance reaches Minimum Payout Amount or more. The Affiliate understands that the Company may change the payout amount at any time. The Affiliate is responsible for determining if the payout for a link they placed on their site has changed or been discontinued. The Company reserves the right to deduct the costs for any products that are returned or refunded, attributable to credit card fraud or bad debt write-off, or for any other reason if the previous commission was overpaid.

Severability

If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.

Applicable law

The laws of the state of California will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Van Nuys, California and the Affiliate irrevocably consents to the jurisdiction of such courts. The Affiliate may not assign this Agreement, by operation of law or otherwise, without our prior written consent. The Company's failure to enforce the Affiliate's strict performance of any provision of this Agreement will not constitute a waiver of the Company's right to subsequently enforce such a provision or any other provision of this Agreement.

Termination

Either the Affiliate or the Company may terminate the Affiliate relationship at any time. The Affiliate is only eligible to earn Affiliate payments during their time as an approved Affiliate. The Company may change or discontinue the program or service policies and operating procedures at any time.

Miscellaneous

• You agree to comply with IRS taxation requirements and must provide us with Tax ID when asked.
• Canvas Quest MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AFFILIATE INTERFACE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN WARRANTIES. ACCORDINGLY, ONLY THE LIMITATIONS AND EXCLUSIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
• IN THE EVENT A AFFILIATE INTERFACE IS NON-FUNCTIONAL OR DISPLAYS INCORRECT INFORMATION, YOU AGREE THAT Canvas Quest BEARS NO RESPONSIBILITY FOR DAMAGES OR ADDITIONAL COSTS THAT YOU MAY INCUR AS A RESULT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS OF CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
• We reserve the right to add, delete and/or modify any of these terms and conditions, at any time, in our sole discretion. We may notify you by email of substantive changes to these terms and conditions.
• These terms and conditions are applicable to the maximum extent permitted by law and specific terms and conditions are void where prohibited.