Updated: November 3rd, 2022

The following is a legal policy/agreement between a participant (“You”, “RESELLER”) and the owners and operators of www.quarkdesignstudio.com, QUARK DESIGN STUDIO (“Us”, “We”) that governs your participation in the Website’s RESELLER Policy. By joining our Policy You agree to be bound by the terms of this Agreement.

General:

This Policy contains the terms and conditions relating to participation in the RESELLER Program. “Site” means a website and refers to any site that you will link to our site. “RESELLER” means an applicant that has been approved by QUARK DESIGN STUDIO to participate in the Program. The acquisition of image Subscribers is the purpose of the RESELLER Policy, and, in consideration of your referral to us of Subscribers, we will pay you as set forth below.

Relationship of parties:

QUARK DESIGN STUDIO reserves its right to agree with any RESELLER or site. You understand and accept that we may at any time solicit customer referrals on terms that differ from those contemplated in this Policy, or operate or endorse or promote websites and RESELLERS that are similar to or compete with you and your site(s). In the event of disagreement, your sole remedy is to terminate your participation in the Program.

Rules & Conditions:

You must not be already Reseller with another member or participant or reach the Website by clicking on an Affiliation Link. You must have cookies enabled on your browser when clicking on an Affiliation Link to the Website, when reaching the Website, and when completing the membership application so that we can track it.

Payment:

If you refer a Subscriber to QUARK DESIGN STUDIO and the Subscriber identifies you as the referring party by clicking through your link to the QUARK DESIGN STUDIO website, your account will be credited 10% of the sale value. Any referrer fees credited to your account from a subscription or other product that is later refunded by or charged back to QUARK DESIGN STUDIO will be deemed to be an overpayment of fees to you. QUARK DESIGN STUDIO reserves the right to withhold payments due to you under the Policy for up to 60 days.

When a referred Subscriber clicks on your referral link, QUARK DESIGN STUDIO attempts to store a cookie on the referred party’s web browser. To be confirmed as a Subscriber the referred party must have an unexpired subscriber cookie in their browser when they register an account. If the cookies are not accepted or if they are removed or expired, the referred Subscriber will not be identified as your referral. Your account will be credited for any sale made by a referred Subscriber within one year of their account registration.

Accrued referral fees can be viewed in your account within 24 hours of the Subscriber referral. Payments are not automatic and need to be requested.

There is a minimum payout of US $60 USD per accounting period. If you request that payments be made to you by check or bank transfer, the minimum payment is $400 US Dollars per accounting period and transaction fees may apply. If during an accounting period, you have not reached the minimum payout level, your fees will be brought forward into the next accounting period. If you cancel your account, before reaching the minimum payout fee, the unpaid fees will be forfeited to you.

If your account is canceled for a breach of the material terms of this Policy or any other agreement with us, in addition to its other rights at law, QUARK DESIGN STUDIO will have the right to retain any fees.

If QUARK DESIGN STUDIO makes an overpayment of fees to you for any reason, QUARK DESIGN STUDIO shall have the right to deduct the amount of such overpayment from your accrued fees and/or to require the immediate repayment of such overpaid fees.

QUARK DESIGN STUDIO may modify fee rates and/or payment schedules at any time. If QUARK DESIGN STUDIO does modify the fee rate, fees earned before the effective change in rates will be credited at the rate in effect at the time such fees were earned.

Payments will be made via PayPal or check.

Obligation and Restrictions:

You must not use the RESELLER Program in a manner that damages the reputation of QUARK DESIGN STUDIO or other third parties and agree to adhere to the following conditions of use. If you violate these conditions, you will be removed from the RESELLER Policy and you will forfeit your RESELLER commissions.

Spamming

QUARK DESIGN STUDIO prohibits you from engaging in any form of unsolicited commercial emailing or “spamming” or the sending of misleading promotions, containing misleading subject lines, contain inaccurate or misleading sender or recipient data.

General restrictions

We grant you a non-exclusive, non-transferable, revocable license to use QUARK DESIGN STUDIO photos, banners, and links solely to promote our services and subscriptions. You agree not to use the RESELLER marketing tools in any manner that is disparaging or that otherwise negative about QUARK DESIGN STUDIO or its sites. We reserve all of our intellectual property rights in the RESELLER marketing tools. We may revoke the rights granted to you by this Policy at any time. Such rights shall terminate upon the expiration or termination of this Policy and by that time you shall cease all use of the RESELLER marketing tools.

You and QUARK DESIGN STUDIO are independent contractors and nothing in this Policy will create any partnership, joint venture, or agency relationship. You will have no authority to make or accept any offers, warranties, or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would confuse our relationship with you.

You must be of sufficient legal age to become a RESELLER and to create binding legal obligations for any liability you may incur as a result of participation in the RESELLER Program.

Term and Termination:

This Policy is effective as long as you participate in the RESELLER Program or until the RESELLER Policy is discontinued by QUARK DESIGN STUDIO. The RESELLER Policy or any aspect of it can be discontinued at any time at QUARK DESIGN STUDIO’ sole discretion upon notice published on the Website. Upon posting of such notice, the Affiliation Policy and this Agreement shall be thereby terminated as it relates to you.

Disclaimer of Warranties:

QUARK DESIGN STUDIO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER FAULTS.

Limitation of Liability:

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE PHOTOS, BANNERS, AND LINKS. IN NO EVENT SHALL QUARK DESIGN STUDIO OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT OR THE REFERRAL POLICY, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE PHOTOS, BANNERS OR THE LINKS, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF QUARK DESIGN STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, QUARK DESIGN STUDIO ’ TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE WEBSITE PHOTOS, BANNERS, OR LINKS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIFTY ($50.00) DOLLARS.

Indemnity:

You agree to indemnify, defend and hold QUARK DESIGN STUDIO and its RESELLERS, and their respective directors, officers, employees, and shareholders harmless from and against any and all claims, liability, losses, costs, and expenses (including lawyers’ fees) incurred by any such QUARK DESIGN STUDIO person in connection with any breach by you of this Agreement. QUARK DESIGN STUDIO reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

General:

This Policy together with all other documents applicable to the use of the Website constitutes the entire agreement between you and QUARK DESIGN STUDIO and governs your participation in the RESELLER Policy.

This Agreement shall be governed by the laws of Mexico.

QUARK DESIGN STUDIO shall have the right, at its sole discretion, to assign any or all of its rights or obligations hereunder. You shall have no right to assign any of your rights or obligation hereunder.

QUARK DESIGN STUDIO may make changes to this Policy at any time and they will be effective as of the publishing date on its website.

In case of any questions regarding this policy please contact us at support@quarkdesignstudio.com.

You specifically agree and acknowledge that you have, in addition to the terms of this Policy, reviewed the Terms of Use and any other agreements which may be incorporated by reference therein, and you agree to be bound by them.