Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and LinkQuill (“LinkQuill,” “Company,” “we,” “us,” or “our”) governing your access to and use of the LinkQuill website located at linkquill.net (the “Site”), the LinkQuill platform, APIs, tracking scripts, integrations, mobile applications, and all related services (collectively, the “Service”).

By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of a business, organization, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms, and “you” refers to both you individually and the entity.

If you do not agree to all of these Terms, you must not access or use the Service. Your continued use of the Service after any modifications to these Terms constitutes acceptance of the modified Terms.

Throughout these Terms, the following definitions apply:

• “Brand” (also referred to as “Advertiser” or “Merchant”) means any User who creates or manages an affiliate program on the Service, including the establishment of commission structures, creative assets, and program terms.
• “Affiliate” (also referred to as “Publisher” or “Partner”) means any User who applies to, is accepted into, and participates in one or more Brand programs on the Service for the purpose of promoting Brand products or services in exchange for commissions.
• “Program” means an affiliate marketing program created by a Brand on the Service, including all associated commission rates, terms, conditions, creative assets, and rules.
• “Commission” means the payment earned by an Affiliate for a Qualifying Action, as defined by the applicable Program terms.
• “Qualifying Action” means a completed transaction, lead, sign-up, or other defined conversion event that has been validated through LinkQuill’s tracking system and approved under the applicable Program terms.
• “Click” means a tracked interaction by an end user with an Affiliate’s tracking link that redirects to the Brand’s destination.
• “Conversion” means a Qualifying Action that has been recorded by the Service’s tracking system and attributed to a specific Affiliate.
• “Marketplace” means the LinkQuill discovery marketplace where Brands list Programs and Affiliates can browse, search, and apply to participate in Programs.
• “Revenue Share” means the percentage of Conversion revenue that LinkQuill retains as a platform fee, applicable to certain subscription tiers.
• “Subscription Plan” means the pricing tier selected by a Brand, which determines the features, limits, and fees associated with their use of the Service.

To use the Service, you must meet all of the following requirements:

• You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is greater.
• If registering as a Brand, you must operate a legitimate business, have the legal authority to offer products or services for sale, and comply with all applicable laws and regulations governing your industry.
• If registering as an Affiliate, you must own or have legal authorization to operate the website(s), social media accounts, or other digital properties through which you intend to promote Brand Programs.
• You must not have been previously suspended, removed, or banned from the Service.
• You must be legally capable of entering into a binding contract in your jurisdiction.
• You must not be located in, or a resident of, any country subject to U.S. trade sanctions or embargoes, or listed on any U.S. government restricted or denied parties list.

LinkQuill reserves the right to verify your eligibility at any time and to refuse, suspend, or terminate access to the Service if eligibility requirements are not met or if information provided during registration is found to be inaccurate, misleading, or fraudulent.

4.1 Registration. To access certain features of the Service, you must create an account by providing accurate, current, and complete information as prompted by the registration form. You agree to update your account information promptly to keep it accurate, current, and complete at all times.

4.2 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any API keys issued to you. You agree to immediately notify LinkQuill of any unauthorized use of your account or any other breach of security. LinkQuill shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

4.3 Account Types. The Service offers two primary account types: Brand accounts and Affiliate accounts. A single User may maintain both a Brand account and an Affiliate account, provided they are not used in a manner that creates a conflict of interest, facilitates self-referral, or violates Section 12 (Prohibited Conduct) of these Terms.

4.4 Account Responsibility. You are responsible for all activity that occurs under your account, whether or not you authorized such activity. This includes any actions taken by employees, contractors, agents, or any third parties who access the Service through your account.

4.5 One Account Per Entity. Each legal entity or individual may register only one Brand account and one Affiliate account unless expressly authorized by LinkQuill in writing. Operating multiple accounts to circumvent platform limits, pricing tiers, or enforcement actions is grounds for immediate termination.

LinkQuill is an affiliate marketing platform that provides tools for Brands to create, manage, and scale affiliate programs, and for Affiliates to discover, join, and earn commissions from those programs. The Service includes, but is not limited to:

• Program creation and management tools for Brands
• A two-sided discovery marketplace for Brands and Affiliates
• Click and conversion tracking via JavaScript snippets, API integrations, and e-commerce platform plugins
• Attribution and commission calculation engine
• Automated payout processing via Stripe Connect
• Analytics dashboards and reporting tools
• Fraud detection and traffic quality monitoring
• Direct integrations with third-party e-commerce platforms including Shopify, WooCommerce, Square, BigCommerce, Wix, and Squarespace

LinkQuill acts as a technology platform and facilitator. LinkQuill is not a party to any agreement between a Brand and an Affiliate. LinkQuill does not guarantee the performance, quality, or legality of any Brand’s products or services, nor does it guarantee the traffic quality, promotional methods, or performance of any Affiliate. The contractual relationship governing commissions, promotional terms, and program-specific rules exists between the Brand and the Affiliate, with LinkQuill serving as the platform through which those relationships are managed and facilitated.

The following terms apply specifically to Users who register as Brands on the Service:

6.1 Program Creation. Brands may create one or more affiliate Programs, subject to the limits of their Subscription Plan. Each Program must include accurate and complete information regarding commission structures, product or service descriptions, promotional guidelines, and any applicable restrictions. Brands are solely responsible for the accuracy of their Program listings and for ensuring that their offerings comply with all applicable laws and regulations.

6.2 Commission Obligations. By creating a Program and accepting an Affiliate into that Program, the Brand establishes a binding obligation to pay the stated commission for each Qualifying Action that meets the Program’s terms. Brands may not retroactively alter commission rates to reduce payments on Conversions already tracked and attributed, except in cases of verified fraud. Changes to commission rates apply only to future Conversions and must be communicated to participating Affiliates with at least fourteen (14) days’ written notice via the platform.

6.3 Conversion Approval. Brands may configure automatic or manual approval workflows for Conversions. If a Brand elects manual approval, Conversions must be reviewed and approved or rejected within thirty (30) days of the Conversion date. Conversions not rejected within this period will be deemed approved. Rejection of a Conversion must be based on legitimate grounds, including but not limited to: fraudulent activity, duplicate orders, canceled or refunded transactions, or violations of Program terms. Brands must provide a reason for any rejected Conversion upon request.

6.4 Creative Assets. Brands may upload banners, text links, product feeds, and other promotional materials (“Creative Assets”) for Affiliates to use. Brands represent and warrant that they own or have sufficient rights to all Creative Assets provided, and that such assets do not infringe upon any third-party intellectual property rights. Brands grant Affiliates a limited, non-exclusive, revocable license to use Creative Assets solely for the purpose of promoting the Brand’s Program through the Service.

6.5 Affiliate Management. Brands may accept or reject Affiliate applications, remove Affiliates from their Programs, and set specific terms or restrictions for their Programs. Brands must not discriminate against Affiliates on the basis of race, gender, religion, national origin, disability, or any other protected characteristic under applicable law.

6.6 Tracking Implementation. Brands are responsible for correctly implementing the LinkQuill tracking snippet, API integration, or e-commerce platform plugin on their website or application. LinkQuill is not liable for lost or unrecorded Conversions resulting from improper implementation, tag removal, website errors, or conflicts with other scripts or tracking systems.

6.7 Compliance. Brands must ensure that their products, services, website content, and advertising practices comply with all applicable laws, including without limitation the Federal Trade Commission Act, CAN-SPAM Act, state consumer protection laws, and any industry-specific regulations. Brands selling regulated products (e.g., supplements, financial products, health-related goods) are solely responsible for regulatory compliance.

The following terms apply specifically to Users who register as Affiliates on the Service:

7.1 Program Participation. Affiliates may apply to participate in one or more Brand Programs through the Marketplace or via direct invitation. Acceptance into a Program is at the sole discretion of the Brand. Upon acceptance, Affiliates agree to comply with the specific terms, conditions, and promotional guidelines established by the Brand for that Program.

7.2 Promotional Methods. Affiliates must promote Brand products and services using only methods permitted by the applicable Program terms and these Terms. Unless explicitly authorized by the Brand, Affiliates shall not engage in: paid search advertising using the Brand’s trademarks or variations thereof, email marketing to purchased or rented lists, pop-up or pop-under advertising, or any promotional method that misrepresents the Affiliate’s relationship with the Brand.

7.3 FTC Compliance. Affiliates must comply with the Federal Trade Commission’s (“FTC”) Endorsement Guides and all applicable advertising disclosure requirements. Affiliates must clearly and conspicuously disclose their material connection to Brands (i.e., that they receive compensation for referrals) in all promotional content, including blog posts, social media posts, videos, podcasts, and any other medium. Failure to provide adequate disclosures is a violation of these Terms and may result in immediate suspension or termination.

7.4 Content Standards. Affiliates must not promote Brand products or services on or in connection with content that: (a) is illegal, harmful, threatening, abusive, harassing, defamatory, or obscene; (b) promotes violence, discrimination, or illegal activities; (c) contains malware, spyware, or any other harmful code; (d) infringes upon any third party’s intellectual property rights; (e) is misleading, deceptive, or makes false claims about the Brand’s products or services; or (f) targets minors under the age of thirteen (13) or violates the Children’s Online Privacy Protection Act (“COPPA”).

7.5 Tracking Links. Affiliates must use only the tracking links generated by the Service. Affiliates shall not modify, cloak in a misleading manner, or tamper with tracking links or tracking parameters. Affiliates must not redirect tracking links through intermediary services that strip or alter tracking data. Commissions are only payable on Conversions properly tracked through the Service’s attribution system.

7.6 Tax Obligations. Affiliates are solely responsible for reporting and paying all taxes arising from commissions earned through the Service, including income taxes, self-employment taxes, value-added taxes, and any other applicable levies. LinkQuill may require Affiliates to provide tax identification information (e.g., W-9, W-8BEN) and may issue tax reporting documents (e.g., 1099 forms) as required by law. Failure to provide requested tax documentation may result in withholding of payouts.

7.7 No Guaranteed Earnings. LinkQuill makes no representations or guarantees regarding the amount of commissions an Affiliate may earn. Earnings depend on numerous factors outside LinkQuill’s control, including the Affiliate’s traffic quality, promotional methods, the Brand’s conversion rate, product pricing, and market conditions.

8.1 Plans. LinkQuill offers multiple Subscription Plans for Brands, including a Free tier and paid tiers (Starter, Growth, Pro, and Enterprise). Each plan includes different feature sets, usage limits, and pricing as described on the Pricing page. LinkQuill reserves the right to modify plan features, limits, and pricing with thirty (30) days’ prior notice.

8.2 Billing Cycle. Paid Subscription Plans are billed on a monthly recurring basis. Billing begins on the date you subscribe to a paid plan and recurs on the same date each month thereafter. All fees are quoted in United States Dollars (USD) unless otherwise specified.

8.3 Auto-Renewal. Your Subscription Plan will automatically renew at the end of each billing cycle unless you cancel prior to the renewal date. You authorize LinkQuill to charge the payment method on file for each renewal period.

8.4 Payment Processing. All payments are processed through Stripe, our third-party payment processor. By providing payment information, you agree to Stripe’s Terms of Service. LinkQuill does not store full credit card numbers on its servers.

8.5 Failed Payments. If a scheduled payment fails, LinkQuill will attempt to charge the payment method on file up to three (3) additional times over a fourteen (14) day period. If all attempts fail, your account may be downgraded to the Free tier or suspended until payment is resolved. You remain liable for any unpaid fees.

8.6 Upgrades and Downgrades. You may upgrade or downgrade your Subscription Plan at any time through your account settings. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of the current billing cycle. Downgrades take effect at the beginning of the next billing cycle. If a downgrade results in your usage exceeding the limits of the new plan, certain features or data may be restricted until usage is brought into compliance.

8.7 Cancellation. You may cancel your paid Subscription Plan at any time. Cancellation takes effect at the end of the current billing period, and you will retain access to paid features until that date. No refunds or credits will be issued for partial billing periods, except as required by applicable law.

8.8 Taxes. All fees are exclusive of taxes. You are responsible for all applicable taxes (including sales, use, VAT, GST, and similar taxes) arising from your use of the Service, except for taxes based on LinkQuill’s net income. LinkQuill may collect applicable taxes where required by law.

8.9 Overage Charges. Brands on capped Subscription Plans (Starter and Growth) that exceed the monthly revenue cap by more than twenty percent (20%) (the “Grace Buffer”) will incur overage charges. The Grace Buffer is calculated as one hundred twenty percent (120%) of the plan’s stated revenue cap. Revenue tracked beyond the Grace Buffer is billed at the plan’s overage rate: five dollars ($5) per one thousand dollars ($1,000) for Starter, and three dollars ($3) per one thousand dollars ($1,000) for Growth. Partial $1,000 blocks are rounded up. Overage charges are invoiced monthly, in arrears, via Stripe at the start of the following calendar month. Revenue tracked within the Grace Buffer incurs no additional charge. Free, Pro, and Enterprise plans are not subject to overage charges. LinkQuill will provide at least thirty (30) days’ notice before modifying overage rates.

9.1 Free Tier Revenue Share. Brands using the Free Subscription Plan are subject to a five percent (5%) Revenue Share on all tracked Conversion revenue processed through the Service. This Revenue Share is calculated based on the gross transaction amount of each Conversion, before any deductions for commissions, refunds, or other adjustments.

9.2 Invoicing. Revenue Share fees are calculated and invoiced monthly, in arrears, based on the total Conversion revenue tracked during the preceding calendar month. Invoices are generated via Stripe and are due within fifteen (15) days of issuance. Failure to pay Revenue Share invoices within the stated period may result in account suspension.

9.3 Paid Plan Exemption. Brands on any paid Subscription Plan (Starter, Growth, Pro, or Enterprise) are not subject to Revenue Share fees. The monthly subscription fee replaces the Revenue Share entirely.

9.4 Transition. If a Brand upgrades from the Free tier to a paid plan, Revenue Share fees cease accruing on the date the paid subscription begins. Any Revenue Share fees accrued prior to the upgrade remain due and payable. If a Brand downgrades from a paid plan to the Free tier, the 5% Revenue Share resumes at the beginning of the next billing cycle.

10.1 Tracking Technology. LinkQuill uses cookie-based tracking, server-side tracking, and other attribution technologies to record Clicks, associate them with Affiliates, and attribute Conversions. The tracking system is the authoritative source for Click and Conversion data used to calculate Commissions.

10.2 Cookie Window. Brands may configure the attribution cookie window for their Programs (the period during which a Click may be credited for a Conversion). The default cookie window is thirty (30) days unless modified by the Brand. If a Conversion occurs outside the cookie window, no Commission will be attributed to the Affiliate for that Conversion.

10.3 Attribution Model. Unless otherwise specified in the Program terms, LinkQuill uses a last-click attribution model, meaning the Commission is attributed to the last Affiliate whose tracking link was clicked before the Conversion occurred within the applicable cookie window.

10.4 Tracking Accuracy. While LinkQuill employs commercially reasonable measures to ensure tracking accuracy, LinkQuill does not guarantee that every Click or Conversion will be recorded. Factors beyond LinkQuill’s control, including browser settings, ad blockers, cookie restrictions, network interruptions, user device configurations, and privacy legislation (e.g., GDPR, ePrivacy Directive), may affect tracking accuracy. LinkQuill shall not be liable for discrepancies between its tracking data and third-party analytics systems.

10.5 Data Retention. Click and Conversion data is retained for a minimum of twenty-four (24) months from the date of the event. Aggregated and anonymized analytics data may be retained indefinitely.

10.6 Finality. LinkQuill’s tracking data shall be the sole and final basis for calculating Commissions. In the event of a dispute regarding Conversion data, LinkQuill will review its logs in good faith, but LinkQuill’s determination shall be final and binding.

11.1 Payout Method. All Affiliate commission payouts are processed through Stripe Connect. Affiliates must create and maintain a valid Stripe Express account connected to the Service in order to receive payouts. Affiliates are responsible for providing accurate banking and identity information to Stripe.

11.2 Minimum Payout Threshold. Payouts are subject to a minimum threshold of twenty-five United States Dollars ($25.00 USD), unless otherwise configured by the Brand for a specific Program (minimum $25.00 USD). If an Affiliate’s earned Commissions do not meet the minimum threshold at the end of a payout period, the balance will roll over to the next period.

11.3 Payout Schedule. Brands may configure payout frequency for their Programs (e.g., monthly, bi-weekly). Payouts are initiated by the Brand through the Service. LinkQuill does not initiate payouts on behalf of Brands except as part of automated payout batch processing that the Brand has explicitly configured and approved.

11.4 Processing Time. Once a payout is initiated, processing through Stripe typically takes two (2) to seven (7) business days, depending on the Affiliate’s bank, country, and Stripe account status. LinkQuill is not responsible for delays caused by Stripe, banking institutions, or regulatory holds.

11.5 Holds and Reversals. LinkQuill and/or Brands may place holds on Commissions pending fraud review, chargeback resolution, or verification of Conversion legitimacy. If a Conversion is reversed due to a refund, chargeback, or fraud determination, the associated Commission may be deducted from the Affiliate’s balance or offset against future earnings.

11.6 Currency. All Commissions are calculated and paid in United States Dollars (USD). Affiliates receiving payouts in other currencies may be subject to conversion fees imposed by Stripe or their banking institution.

11.7 Abandoned Funds. If an Affiliate account with an outstanding balance remains inactive for twelve (12) consecutive months (no Clicks, Conversions, or logins), LinkQuill will make reasonable efforts to contact the Affiliate. If the Affiliate does not respond within sixty (60) days, the funds may be handled in accordance with applicable unclaimed property laws.

You agree not to engage in any of the following prohibited activities. Violation of this section may result in immediate suspension or termination of your account, forfeiture of unpaid Commissions, and/or legal action:

12.1 Fraud and Manipulation.

• Generating fraudulent Clicks, Conversions, or impressions through any automated, deceptive, or artificial means, including but not limited to bots, scripts, click farms, browser extensions, or software that simulates user behavior
• Cookie stuffing, cookie dropping, or any technique that places tracking cookies on a user’s device without their knowledge or genuine interaction with a tracking link
• Self-referral: purchasing products or services through your own affiliate links, or directing employees, family members, or agents to do so for the purpose of generating Commissions
• Incentivized or forced Clicks: offering users any form of compensation, reward, or incentive to click tracking links or complete Qualifying Actions, unless explicitly permitted by the Program terms
• Misrepresenting traffic sources, geographical origin, or the nature of promotional methods used
• Using ad injection, toolbar injection, or browser hijacking techniques to insert affiliate tracking into web pages or transactions

12.2 Platform Abuse.

• Attempting to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the Service
• Accessing or attempting to access the Service, its servers, or associated systems through any unauthorized means, including hacking, scraping, or credential stuffing
• Circumventing or attempting to circumvent rate limits, plan limits, security measures, or access controls
• Using the Service to transmit viruses, malware, or any other harmful or disruptive code
• Creating multiple accounts to circumvent suspensions, plan limits, or enforcement actions
• Interfering with the operation of the Service or the use and enjoyment of the Service by other Users

12.3 Legal Violations.

• Promoting illegal products, services, or activities through the Service
• Sending unsolicited commercial messages (spam) in connection with any Program, in violation of the CAN-SPAM Act, GDPR, or other applicable anti-spam legislation
• Violating any applicable law, regulation, or third-party right in connection with your use of the Service
• Engaging in any activity that constitutes trademark infringement, brand bidding on restricted keywords, or domain squatting related to a Brand’s trademarks without express authorization

12.4 Fraud Detection. LinkQuill employs automated and manual fraud detection measures, including but not limited to IP analysis, click pattern analysis, device fingerprinting, velocity checks, and geographic anomaly detection. If LinkQuill’s fraud detection systems flag activity as suspicious, LinkQuill may, at its sole discretion: (a) withhold Commissions pending investigation; (b) reverse fraudulent Conversions; (c) suspend or terminate the offending account; or (d) report the activity to relevant authorities.

13.1 LinkQuill IP. The Service, including its source code, object code, design, architecture, user interface, documentation, trademarks, logos, trade names, and all associated intellectual property (collectively, “LinkQuill IP”) are and remain the exclusive property of LinkQuill and its licensors. These Terms do not grant you any right, title, or interest in or to the LinkQuill IP except for the limited right to access and use the Service in accordance with these Terms.

13.2 User Content. You retain ownership of all content you submit to the Service, including but not limited to program descriptions, creative assets, profile information, and promotional materials (“User Content”). By submitting User Content to the Service, you grant LinkQuill a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and make derivative works of your User Content solely for the purpose of operating, providing, improving, and promoting the Service. This license survives termination of your account to the extent necessary to complete any pending obligations (e.g., processing outstanding payouts or maintaining attribution records).

13.3 Brand Trademarks. Brands retain all rights in their trademarks, trade names, and logos. Brands grant LinkQuill a limited, non-exclusive license to display Brand trademarks on the Marketplace and in connection with operating the Service. Affiliates may use Brand trademarks only as provided through Creative Assets and only in accordance with the applicable Program terms. All use of Brand trademarks by Affiliates shall inure to the benefit of the Brand.

13.4 Feedback. If you provide LinkQuill with any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Service (“Feedback”), you hereby assign to LinkQuill all rights in such Feedback and agree that LinkQuill shall be free to use, disclose, reproduce, license, and otherwise exploit the Feedback without restriction or obligation to you.

13.5 DMCA. LinkQuill respects the intellectual property rights of others. If you believe that content on the Service infringes your copyright, please submit a notice in accordance with the Digital Millennium Copyright Act (“DMCA”) to our designated agent at the contact information provided in Section 24.

14.1 E-Commerce Integrations. The Service offers integrations with third-party e-commerce platforms, including but not limited to Shopify, WooCommerce, Square, BigCommerce, Wix, and Squarespace (collectively, “Integration Partners”). These integrations enable automated order and Conversion data synchronization between the third-party platform and the Service.

14.2 Authorization. By connecting an integration, you authorize LinkQuill to access and retrieve data from the connected platform, including order information, transaction amounts, customer identifiers, and product data, as necessary to provide the Service. You represent and warrant that you have the authority to grant such access and that doing so does not violate any agreement between you and the Integration Partner.

14.3 Third-Party Terms. Your use of integrations is subject to the terms of service, privacy policies, and acceptable use policies of the respective Integration Partner. LinkQuill is not responsible for the availability, reliability, accuracy, or functionality of any third-party platform. Changes made by Integration Partners to their APIs, policies, or services may affect the functionality of LinkQuill integrations.

14.4 Data Accuracy. While LinkQuill endeavors to synchronize data accurately, LinkQuill does not warrant the accuracy, completeness, or timeliness of data received from Integration Partners. Brands are responsible for verifying that Conversion data from integrations is accurate and for promptly reporting any discrepancies to LinkQuill.

14.5 Credential Security. API keys, OAuth tokens, and other credentials used to connect integrations are encrypted using AES-256-GCM encryption and stored securely. You are responsible for revoking access if you no longer wish to maintain an integration connection.

15.1 Privacy Policy. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy.

15.2 Data Collection. In the course of providing the Service, LinkQuill collects and processes various categories of data, including: (a) account registration information (name, email address, business details); (b) IP addresses and device information from Clicks and Conversions; (c) browsing data and referral information; (d) transaction data, including order amounts and product details; (e) payment and banking information (processed and stored by Stripe); and (f) usage data related to your interaction with the Service.

15.3 Data Processing Role. With respect to personal data of end users (customers of Brands), LinkQuill acts as a data processor on behalf of the Brand, who acts as the data controller. Brands are responsible for obtaining any required consents from their customers for the use of tracking technologies and the processing of personal data through the Service, in accordance with applicable data protection laws including GDPR, CCPA, and ePrivacy regulations.

15.4 Aggregated Data. LinkQuill may use aggregated, de-identified data derived from the Service for analytics, benchmarking, research, and product improvement purposes. Such aggregated data does not identify any individual User or their customers.

15.5 Data Security. LinkQuill implements commercially reasonable technical and organizational measures to protect data against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure, and LinkQuill cannot guarantee absolute security.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, LINKQUILL DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED; (E) THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR NETWORK CONFIGURATION; OR (F) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LINKQUILL DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY TRACKING DATA, CONVERSION DATA, OR ANALYTICS PROVIDED THROUGH THE SERVICE. LINKQUILL IS NOT RESPONSIBLE FOR ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON INFORMATION PROVIDED BY THE SERVICE.

YOU ACKNOWLEDGE THAT LINKQUILL IS A PLATFORM FACILITATOR AND DOES NOT GUARANTEE: (A) THE QUALITY, SAFETY, OR LEGALITY OF ANY BRAND’S PRODUCTS OR SERVICES; (B) THE ACCURACY OF ANY BRAND’S PROGRAM LISTINGS OR DESCRIPTIONS; (C) THE ABILITY OF ANY BRAND TO PAY COMMISSIONS; OR (D) THE QUALITY OR LEGITIMACY OF ANY AFFILIATE’S TRAFFIC OR PROMOTIONAL METHODS.

17.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LINKQUILL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF LINKQUILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LINKQUILL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO LINKQUILL DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

17.3 Basis of the Bargain. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. LINKQUILL WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

17.4 Exceptions. Nothing in these Terms shall limit or exclude liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be limited or excluded by applicable law.

18.1 Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless LinkQuill and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “LinkQuill Parties”) from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) your User Content; (e) any dispute between you and another User of the Service (including disputes between Brands and Affiliates regarding Commissions); (f) your products, services, or business practices (if you are a Brand); or (g) your promotional methods, content, or advertising practices (if you are an Affiliate).

18.2 Procedure. LinkQuill will promptly notify you of any claim subject to indemnification, provided that failure to provide timely notice shall not relieve your indemnification obligations except to the extent you are materially prejudiced by such failure. You shall have sole control of the defense and settlement of any such claim, provided that you shall not settle any claim in a manner that admits fault on the part of LinkQuill or imposes obligations on LinkQuill without LinkQuill’s prior written consent. LinkQuill may participate in the defense at its own expense.

19.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Dispute”) informally by contacting LinkQuill at legal@linkquill.net. The parties agree to negotiate in good faith for at least thirty (30) days before pursuing formal resolution. Most Disputes can be resolved through this informal process.

19.2 Binding Arbitration. If a Dispute cannot be resolved informally within thirty (30) days, you and LinkQuill agree that the Dispute shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief in court for claims related to intellectual property rights or unauthorized access to the Service. Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, or, for claims under $75,000, its Supplementary Procedures for Consumer-Related Disputes (if applicable). The arbitration shall be conducted by a single arbitrator, in the English language, and the seat of arbitration shall be in the State of Delaware.

19.3 Class Action Waiver. YOU AND LINKQUILL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

19.4 Arbitration Costs. Payment of arbitration fees shall be governed by the AAA’s rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the parties agree that the AAA’s fee allocation rules shall apply. In all other cases, LinkQuill will pay for all arbitration filing, administration, and arbitrator fees if your claim is for less than $10,000.

19.5 Opt-Out Right. You have the right to opt out of binding arbitration and the class action waiver by sending written notice of your decision to opt out to legal@linkquill.net within thirty (30) days of first accepting these Terms. Your notice must include your full name, account email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and LinkQuill agree to resolve Disputes exclusively in the state or federal courts located in the State of Delaware.

19.6 Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the court’s jurisdictional limits.

19.7 Statute of Limitations. You agree that any claim arising out of or related to these Terms or the Service must be filed within one (1) year after such claim arose, regardless of any statute of limitations to the contrary. Claims filed after this period shall be permanently barred.

20.1 Termination by You. You may terminate your account at any time by contacting support or using the account deletion feature in your account settings. Termination of your account does not relieve you of any obligation to pay fees or commissions accrued prior to termination.

20.2 Termination by LinkQuill. LinkQuill may suspend or terminate your account, or any part thereof, at any time, with or without cause, and with or without prior notice. Without limitation, LinkQuill may terminate your account if: (a) you breach any provision of these Terms; (b) LinkQuill is required to do so by law or regulatory authority; (c) your account has been flagged for fraudulent activity; (d) your account has been inactive for twelve (12) or more consecutive months; or (e) LinkQuill decides to discontinue the Service or any material portion thereof.

20.3 Effect of Termination. Upon termination of your account:

• All licenses granted to you under these Terms shall immediately terminate.
• You must immediately cease all use of the Service, remove any LinkQuill tracking scripts or code from your properties, and disconnect any integrations.
• If you are a Brand: all active Programs will be deactivated, and you remain obligated to pay any Commissions earned by Affiliates on Conversions that occurred prior to termination. Pending payouts will be processed according to the applicable payout schedule.
• If you are an Affiliate: any earned but unpaid Commissions meeting the minimum payout threshold will be processed within sixty (60) days of termination, provided your Stripe Connect account remains active and in good standing. Commissions below the minimum payout threshold at the time of termination are forfeited.
• LinkQuill may retain your data for a reasonable period as necessary to fulfill legal obligations, resolve disputes, and enforce agreements.

20.4 Survival. The following sections shall survive termination of these Terms: Sections 2 (Definitions), 9 (Revenue Share, as to any accrued obligations), 11 (Payout Terms, as to any accrued obligations), 12 (Prohibited Conduct), 13 (Intellectual Property), 15 (Data Usage & Privacy), 16 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 19 (Dispute Resolution), 22 (Governing Law), and 23 (General Provisions).

21.1 Right to Modify. LinkQuill reserves the right to modify, amend, or update these Terms at any time at its sole discretion. The “Last Updated” date at the top of these Terms will reflect the date of the most recent modification.

21.2 Notice of Material Changes. For material changes to these Terms, LinkQuill will provide at least thirty (30) days’ advance notice before the changes take effect. Notice may be provided by: (a) sending an email to the address associated with your account; (b) posting a prominent notice on the Site or within the Service dashboard; or (c) both. Material changes include, but are not limited to, changes affecting pricing, payment terms, arbitration provisions, liability limitations, or the scope of the Service.

21.3 Acceptance of Modified Terms. Your continued use of the Service after the effective date of modified Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account before the modified Terms take effect.

21.4 Non-Material Changes. For non-material changes (e.g., typographical corrections, formatting changes, or clarifications that do not alter the substance of the Terms), LinkQuill may update these Terms without prior notice.

These Terms and any Dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. To the extent that any action is permitted to be brought in court (as provided in Section 19), you and LinkQuill consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

23.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated herein, constitute the entire agreement between you and LinkQuill with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and LinkQuill regarding the Service.

23.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

23.3 Waiver. The failure of LinkQuill to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by LinkQuill.

23.4 Assignment. You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder without the prior written consent of LinkQuill. LinkQuill may assign these Terms or any rights or obligations hereunder without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

23.5 No Third-Party Beneficiaries. These Terms are intended solely for the benefit of you and LinkQuill and do not confer any rights or remedies upon any third party, except as expressly provided herein.

23.6 Notices. All notices required or permitted under these Terms shall be in writing. Notices to you may be sent to the email address associated with your account. Notices to LinkQuill must be sent to legal@linkquill.net. Notices are deemed received upon transmission if sent by email, or upon receipt if sent by certified mail.

23.7 Force Majeure. LinkQuill shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, labor disputes, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party service providers (including but not limited to Stripe, hosting providers, and Integration Partners).

23.8 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

23.9 Relationship of the Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and LinkQuill. You are an independent contractor and not an employee, agent, or partner of LinkQuill.

23.10 Export Compliance. You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations, U.S. Treasury Department’s Office of Foreign Assets Control sanctions programs, and similar laws of other jurisdictions.

23.11 Government End Users. If you are a U.S. government end user, the Service is provided as a “commercial item” as defined in 48 C.F.R. §2.101, and is licensed in accordance with these Terms.

23.12 Electronic Communications. By using the Service, you consent to receiving electronic communications from LinkQuill, including account notifications, billing statements, legal notices, and marketing communications (subject to your opt-out rights). You agree that all agreements, notices, disclosures, and other communications that LinkQuill provides electronically satisfy any legal requirement that such communications be in writing.

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us: