IQ Partners, LLC ("IQ Chart") is pleased to provide you with the IQ Chart Referral Program. By joining the IQ Chart Referral Program, you agree to be bound by all terms and conditions set forth in this Referral Agreement (the "Agreement").


IQ Chart will monitor the visitors who follow special links from your Web site (as defined in your IQ Chart registration information) to IQ Chart. IQ Chart will track members who register using special links from your Web site to our site and record the referral in our database. To permit accurate tracking, reporting and fee accrual, you must ensure that the special links between your Web site and IQ Chart are properly formatted.


2.1 IQ Chart will pay you a referral fee (the "Referral Fee") in an amount equal to U.S. $75 for each Qualified Referral. A "Qualified Referral" is a new member who meets all of the following conditions: 1) registers for the IQ Chart Program through the special links from your Web site as described in Paragraph 1 of this Agreement; 2) agrees to the applicable Terms of Use by way of a special link to the IQ Chart Web site; and 3) remains an active member for one (1) month from date of sign-up.

2.2 IQ Chart does not pay any Referral Fees under the following conditions: (1) if your Qualified Referral only signs on for our free trial period, which may or may not be available at the time, and does not continue the service once the free trial period expires; (2) if your Qualified Referral is an existing paying member or was an existing paying member; (3) if your Qualified Referral registers through our www.iqchart.com Web site and IQ Chart does not have a tracking card on file; or (4) if you referred yourself. Referral fees are not paid on an associate's personal account.


IQ Chart will pay you quarterly by PayPal or Check for each Qualified Referral; please note, quarterly payments will not begin until after your Qualified Referral has been an active IQ Chart subscriber for one (1) month:

  (1) One quarter of service fees collected will be held in reserve to cover any unexpected cancellations or refunds;

  (2) Once the reserve is collected, we will mail you a check or deposit to your PayPal account at the end of the quarter your referral qualified. The amount of the check will be for all Referral Fees earned in the prior quarter time period, less any applicable required tax withholding, chargebacks and/or refunds;

  (3) Payments will not be issued for earned amounts of less than $50.00;

  (4) If a Qualified Referral cancels the service and we need to refund membership fees, we will deduct the corresponding Referral Fee from your next quarterly payment or bill you for the refund amount if there is not sufficient funds in the reserve account to cover these refunds.


Customers who register through this Program are deemed to be our customers. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare forms for registration and cancellations, and handle customer service. Accordingly, all of our rules, policies, and operating procedures will apply to those customers. We may change our policies and operating procedures at any time. The membership service fee may vary from time to time.


5.1 IQ Chart grants you a limited, non-exclusive, non-transferable right to display our icon and message images solely for the purpose of identifying your Web site as an IQ Chart Associate Program participant. You may not modify the icon, the message, or any of our images in any way. IQ Chart reserves all of our rights in the icon, the message, any other images, our trade names and trademarks, and all other intellectual property rights. You represent and warrant that your Web site does not contain, or provide links to materials which IQ Chart, in its sole discretion, may consider illegal or offensive, including, without limitation: copyrighted material not belonging to you without consent of the copyright owner; trademarked material not belonging to you without consent of the trademark owner; adult material, such as pornography, nudity or sex, or any other material that would commonly be considered "indecent" or "appealing to the prurient interest;" gambling; foul language; hate-group propaganda; Mpeg layer two or three ("MP2 or MP3") files; mail fraud; pyramid or ponzi schemes or; insults to other persons or companies, such as material that is obscene, threatening, harassing, libelous or in any way a violation of intellectual property laws. IQ Chart reserves the right, in its sole discretion, to revoke this license.


Nothing in this Agreement shall create or constitute any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. For the purposes of this Agreement you are considered an independent contractor. You shall have no authority to make or accept any offers or make any representations on our behalf. You shall not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.


IQ Chart reserves the rights to amend this Agreement, at any time, and to determine whether and when, at its sole discretion, any such changes apply to either existing or future Members.


8.1 This Agreement is governed by and construed in accordance with the laws of the State of Washington and the intellectual property laws of the United States, without regard to or application of choice-of-law rules. You hereby agree to the exclusive jurisdiction of the federal and state courts located in King County, Washington for any cause of action arising out of or relating to the Service or the Agreement.

8.2 You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.


Your membership is personal to you, and you may not assign or otherwise transfer your rights or obligations to anyone.


Should any provisions of the Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.


The waiver by a party of a breach of any provision of the Agreement shall not operate or be construed as a waiver of any other or subsequent breach thereof.


12.1 The Agreement constitutes the entire agreement with respect to the subject matter disclosed herein and supercedes all prior or contemporaneous oral or written agreements concerning such subject matter, except that the Agreement may be amended from time to time in accordance with Section 1.1 of the IQ Chart Program Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS IQ CHART ASSOCIATE AGREEMENT.

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