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Terms of Use
 
Terms, Conditions and Notices

IMPORTANT NOTIFICATION: YOUR APPOINTMENT TO THE Quick PC Booster AFFILIATE PROGRAM ("AFFILIATE PROGRAM") IS CONDITIONAL UPON YOU AGREEING TO THE TERMS AND CONDITIONS SET OUT BELOW ("THIS AGREEMENT").

AS A PARTICIPANT IN THE AFFILIATE PROGRAM, AND AS A SALES AFFILIATE OF Quick PC Booster' SOFTWARE, YOU AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS.
1. Affiliate Program

The Quick PC Booster Affiliate Program appoints persons as authorized affiliates ("Affiliates") to promote Quick PC Booster' software products ("Software").

Your appointment as an Affiliate is not automatic and must be approved by Quick PC Booster. Quick PC Booster may either approve or reject your application to be an Affiliate in its sole discretion.

As an Affiliate, you will direct internet users from your website(s) to the Quick PC Booster website (www.quickpcbooster.com), or via email or other agreed marketing communications to the Quick PC Booster website, with a view to promoting Quick PC Booster and its products. Quick PC Booster will pay you a commission for each sale of Software sold on its website as a result of such direct referrals. The level of commission shall be determined by Quick PC Boosterin its sole discretion and, unless otherwise agreed, will be set for the term of your appointment.

The manner through which you may promote or market the Software (i.e., via website, newsletter or other means) must be approved by Quick PC Booster before you undertake the promotion or relevant marketing campaign. 


All commissions payable to you under the Affiliate Program will generally be paid on a monthly basis subject to paragraph 6 below.

All commissions payable to you are inclusive of any and all taxes which may be levied on the commissions by you (including goods and services tax or value added taxes), but are exclusive of any and all taxes and charges (such as withholding taxes) which Quick PC Booster and/or its billing provider is required to withhold by law. No other monies will be payable to you by Quick PC Booster in addition to the commissions on any account whatsoever.
2. Term/Termination
This agreement and your participation in the Affiliate Program will commence from your appointment as an Affiliate of Quick PC Booster, as advised to you by Quick PC Booster, and may be terminated by Quick PC Booster at any time with or without notice to you. Failure to abide with these terms and conditions may result in the immediate termination of you appointment as an Affiliate.

Upon termination, you shall remove all trade marks, logos or artwork of Quick PC Booster from your website, and any reference or link from your website to Quick PC Booster, the Software or other products owned or marketed by Quick PC Booster and/or the Quick PC Booster website. You must also cease any other marketing communications or programs which make reference to your affiliation with Quick PC Booster or which include any Quick PC Booster logos, artwork or trademarks.

Your obligations under paragraphs 3, 4 and 5 below shall survive the termination of your appointment as an Affiliate.
3. Affiliate Obligations
As an Affiliate, you shall:
ensure that all materials presented on your website (s) or in any email or other marketing communications sent by you to promote Quick PC Booster or the Software, represents Quick PC Booster and the Software in a professional, accurate and positive manner; not use any unsolicited or spam email to promote Quick PC Booster and the Software; provide your own original website copy, images and navigation to promote Quick PC Booster Software on your website (s) or in any email or other marketing communications and not directly copy the Quick PC Booster website; subject to paragraph 4 below, not use ad words which include Quick PC Booster' trademarked company name (Quick PC Booster), Software names (for example, which would include, without limitation, "Spyware Doctor", "Spam Monitor", "Registry Mechanic", "Privacy Guardian", "Quick PC Booster Antivirus" and "File Recover") or other Quick PC Booster' trade marks or copyrighted material in any search engine advertising or otherwise in the promotion of your website (s); as a sales agent of Quick PC Booster, follow all direction from Quick PC Booster as to the sales price and recommended retail price of the Software, as may be communicated from time to time; keep up-to-date all information on your website (s) and in all direct marketing communications pertaining to products of Quick PC Booster ensure that your website (s) is regularly maintained with up to date and relevant information and that any direct marketing communications used to promote Quick PC Booster or its Software contain up to date information; and not endorse Quick PC Booster or its Software on any website or in any marketing materials or communications which:

  1. a. are designed to distribute or promote Spyware, adware, trojans, spybots or keyloggers;

  2. b. contain misleading or deceptive marketing activities;

  3. c. involve or promote violence;

  4. d. discriminate against people based on race, sex, religion, nationality, disability, sexual orientation, or age;

  5. e. are in any way involved in illegal activities;

  6. f. violate the intellectual property rights of Quick PC Booster or a third party;

  7. g. do not have or do not link to a clearly stated online privacy policy; and/or

  8. h. contain any offensive or inappropriate content or is otherwise involved in any matter considered to be offensive or inappropriate by Quick PC Booster.
4. Use of Quick PC Booster Intellectual Property

Quick PC Booster hereby grants you a license to make use of the Quick PC Booster name and logo on your website (s) which relate to the Software and in any marketing materials or communications for the Software. The Quick PC Booster name and logo may only be used on your website and in such marketing materials in accordance with the instructions of Quick PC Booster as may be specified by Quick PC Booster from time to time. Such license will terminate upon the termination of your appointment as an Affiliate.

You acknowledge and agree that your appointment as an Affiliate in no way grants you intellectual property rights or other rights in the Software, other than the right to re-sell the Software as granted by this Agreement.
Liability/Indemnity
In the event any terms, conditions, representations or warranties are implied by statute, common law or equity ("Prescribed Terms") into these terms and conditions which cannot be lawfully excluded, such Prescribed Terms will apply, save that our liability for breach of any such Prescribed Terms will be limited, to the extent permitted by law, at our option, to any one or more of the following:

  1. a. in the case of goods:

  2. i. the replacement of the goods to which the breach relates or the supply of equivalent goods;

  3. ii. the repair of the goods (including repair via the release of an update);

  4. iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

  5. iv. the payment of the cost of having the goods repaired; and

  6. b. in the case of services:

  7. i.the supplying of the services again; or

  8. ii. the payment of the cost of having the services supplied again.

If our liability for breach of any Prescribed Terms are capable of exclusion, they are hereby excluded to the fullest extent permitted by law. Except as provided by the Prescribed Terms (if any), which are not capable of exclusion or limitation, or as expressly set out in these terms and conditions:
a.we make no warranties in relation to the Affiliate Program or any Software, including warranties as to the performance or fitness for purpose of the Software (other than we are entitled to grant to you the rights set out in these terms and conditions); and
b.you will not under any circumstances have any cause of action against, or right to claim or recover from us for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from your membership of the Affiliate Program and the promotion of Quick PC Booster' Software or any breach of these terms and conditions.

We will not be liable for any indirect or consequential damages (including loss of profits, loss of data or economic loss) arising out of a breach of these terms and conditions or arising from your member of the Affiliate Program or the promotion of Quick PC Booster Software. You agree that the maximum liability that we may have to you for any and all breaches of these terms and conditions will be, for any one breach, the amount of the commission paid to you for the 3 month period occurring prior to the breach and, for all breaches, capped at the total amount of the commission paid to you under this Agreement.

You acknowledge that you have exercised your independent judgment in entering into the Affiliate Program and have not relied upon any representations made by us which have not been stated expressly in these terms and conditions or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by us.
Use of Billing Engine

Quick PC Booster makes use of a third party billing engine which handles, among other things, the online sale of Software and the payment of commissions to its Affiliates. You cannot participate in the Affiliate Program without using the third party billing engine software. You will need to register with such third party to make use of the billing engine software. Through the billing engine software, you will be able to view the number of successful Software sales you have referred to Quick PC Booster together with any commission payable to you. In order to use the third party billing engine software, you will be required to agree to the third party's relevant terms and conditions regarding use.

Unless otherwise advised by Quick PC Booster, no charges will be payable by you to the third party billing engine provider in respect of the use of their billing engine.
Governing Law
These terms and conditions shall be governed by and construed according to the laws in force in the Republic of Ireland. The parties hereby irrevocably submit to and accept the exclusive jurisdiction of the Courts of the Republic of Ireland. is not responsible for the privacy practices or the content of such Web sites.
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