Last Updated on: December 13th, 2021
By using this website as a user (“You”), You agree to the following Terms and Conditions of Use and Privacy Policy. Please read them carefully before using this website.
General Provisions
This website is owned and operated by TIQUE HQ LLC (hereafter “Our”, “We” or “Company”). Our principal place of business is located at 577 Albany Place Longwood FL 32779.
Use of this website is at Your own risk. We host this site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The Terms and Conditions of Use contained on this page is subject to change at any time.
Age Requirements
You must be at least 18 to use Our website, templates, courses, products, and services.
Intellectual Property Notice
All text, photographs, graphics and other materials on this site are subject to the copyrights and other intellectual property rights of TIQUE and are protected by United States Copyright Laws (USC Title 17). Website materials may not be copied for any reason, including your personal use, commercial use, or distribution, nor may these materials be modified or reposted to other sites, without the prior express written permission of Company. We may prosecute You to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
Digital Products
By purchasing any product from TIQUE on this website, you are granted one revocable, worldwide, non-exclusive license to the product(s) you have purchased. If you violate this license by giving or selling a copy of our product(s) to anyone, We reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our products permanently.
Digital Products Return Policy
Digital products such as client documents, canned email templates, website templates, etc. which are downloadable are not eligible for return.
Your Communications
Any communications made through Our blog, blog comments, newsletter sign up or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails or other media as allowed by United States law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Disclaimers
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal or financial questions, You should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
While Company may offer discounts or offers at various times, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at hello@tiquehq.com
Advertisements
We do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We do not necessarily endorse or recommend any affiliates using our services.
Earnings Disclaimer
Company makes no income/financial claims, nor guarantees of any kind regarding the potential income that can be generated through Our website, communications, or your participation in the purchase of any of our products. Past results presented on the website are not an indication or promise of Your results. There is no guarantee You will earn any money using any of Our materials, and Your revenue is dependent solely on you and your actions or non-actions.
Affiliates
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
Termination
If at any time Company feels You have violated these Terms and Conditions, Company shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Company’s sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
Entire Agreement
The information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
Severability & No Waiver
If any part of these Terms and Conditions of Use is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect. Any failure by Company to enforce a provision of this Terms and Conditions of Use shall not constitute a waiver of any other portion or provision of this Terms and Conditions.
Headings
Headings and titles are provided in this Terms and Conditions of Use for convenience only and will not be construed as part of the legal terms.
Venue and Jurisdiction
This Terms and Conditions of Use and Our Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Seminole County, FL. You and Company assume responsibility for their own collection costs and legal fees incurred should enforcement of these conditions should it become necessary.
Arbitration
Any and all disputes or disagreements rising between Company and You out of this Terms and Conditions of Use upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. Company and You agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Seminole County, FL. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
If You require any more information or have any questions about these Terms and Conditions of Use or Our Privacy Policy, please feel free to contact us by email at operations@tiquehq.com.
terms & conditions
This Agreement is between You (“Purchaser”, “You”, “Your”) and Tique HQ (“Company”, “We”, “Us”, “Our”) for the purpose of any digital product purchase through this website at www.tiquehq.com, or any related domains or subdomains (the “Sites”).
By purchasing any Product, You agree to be bound by these Terms, without any other conditions or declarations. If at any time You do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Our Product(s) immediately.
1. Scope of Product Purchase Agreement:
Our “Products” include but are not limited to: email templates, design templates, courses, prompts, website templates, and any other documents for paid purchase on these Sites.
2. Intellectual Property
All Products are the intellectual property of and are owned by Tique HQ.
3. Age of Majority
Understand that by purchasing any Products, services, or applications for which You tender payment or otherwise obtain through the Sites, You warrant that You are at least 18 years of age and are otherwise legally able to enter into a valid contract.
4. Purchase Policies & Refunds
All digital products are considered non-refundable due to their immediate download nature. Should you wish to pursue a refund due to your displeasure with the one of our premium courses, either Agency Expansion Academy or Seven Figure Sales, the Money-Back Guarantee refund request process should be followed. There will be no other refunds granted for any reason.
5. License to Use Product(s)
So long as You comply with this Terms of Use, Tique HQ grants You a ONE revocable, worldwide, non-exclusive, non-transferable license to download, view, edit, copy and print the Product(s) You purchase solely for Your individual use with respect to Your business clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Product(s) for resale or distribution (“Permitted Use”), provided that You: (1) abide by all copyright protections afforded to the Product(s), both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Product(s), both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Product(s) or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Product(s) in any way beyond edits and completions necessary to complete template forms and other Product(s) consistent with Permitted Use provided by these Terms.
If you violate this license by giving or selling a copy of the Product to any third party, We reserve the right to invoice you for the licenses you have gifted to others, revoke your access to our Product permanently, and/or sue for any and all damages.
Such permission to modify Product(s) consistent with Permitted Use in no way expands the limited license provided herein, nor does grant You intellectual property ownership in, or provide a general right to modification of, the Product(s).
6. NO WARRANTIES
TIQUE HQ’S PRODUCT(S) ARE PROVIDED “AS IS”. THE COMPANY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY DOCUMENTS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THESE SITES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TIQUE HQ MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
7. Limitation of Liability
In no event shall Company be liable under this Agreement to Purchaser or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Purchaser was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
8. Maximum Damages
The sole remedy for any actions or claims shall be limited to and shall not exceed the total monies paid by Purchaser for the Product(s) it purchased under this Agreement from Company.
9. No Guarantees
Company does not make any guarantees as to the results, including financial or other personal or business gains, of any Product(s) purchased by Purchaser.
10. Sales Taxes
Should any sale and/or use tax be imposed on any part of Your purchase, such tax shall be collected from You and remitted by Company. All sales tax will be included in the checkout.
11. Entire Agreement
This is a binding Product Purchase and Use Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
12. Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Seminole County, FL. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
13. Arbitration
Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Seminole County, FL, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
14. Severability and No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
15. Transfer
This Agreement cannot be transferred or assigned to any third party by the Purchaser without the consent of the Company.
Course Purchase Agreement
This Agreement is between You (“Purchaser”, “You”, “Your”) and Tique HQ LLC (“Company”, “We”, “Us”, “Our”) for the purpose of any digital product purchase through this website at www.tiquehq.com, or any related domains or subdomains (the “Sites”).
By purchasing any Product, You agree to be bound by these Terms, without any other conditions or declarations. If, at any time, You do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Our Product(s) immediately.
Scope of Product Purchase Agreement
Our “Products” include but are not limited to: email templates, design templates, courses, prompts, website templates, and any other documents for paid purchase on these Sites.
Intellectual Property
All Products are the exclusive intellectual property of and are owned by Tique HQ and You shall not acquire any right, title or interest in or to such intellectual property.
Age of Majority
By purchasing any Products, services or applications for which You tender payment or otherwise obtain through the Sites, You warrant that You are at least 18 years of age and are otherwise legally able to enter into a valid contract.
PURCHASE POLICIES & NO REFUNDS
ALL DIGITAL PRODUCTS PURCHASES ARE NON-REFUNDABLE UNDER ANY AND ALL CIRCUMSTANCE UPON PURCHASE DUE TO THE IMMEDIATE NATURE OF DELIVERY OF THE DIGITAL PRODUCT(S) TO YOUR EMAIL ADDRESS AND IMMEDIATE ACCESS TO THE LANGUAGE AND INFORMATION IN THE DOCUMENT(S).
License to Use Product(s)
So long as You comply with this Terms of Use, Tique HQ grants You a revocable, worldwide, non-exclusive, non-transferable, non-sublicensable license to download, view, edit, copy and print the Product(s) You purchase solely for Your individual use with respect to Your business clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Product(s) for resale or distribution (“Permitted Use”), provided that You: (1) strictly comply with all copyright protections afforded to the Product(s), both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) strictly comply with all trademark protections afforded to the Product(s), both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Product(s) or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Product(s) in any way beyond edits and completions necessary to complete template forms and other Product(s) consistent with Permitted Use provided by these Terms.
If you violate this license by giving or selling a copy of the Product to any third party, We reserve the right to invoice you for the licenses you have gifted to others, revoke your access to our Product permanently, and/or sue for any and all damages.
Such permission to modify Product(s) consistent with Permitted Use in no way expands the limited license provided herein, nor does grant You intellectual property ownership in, or provide a general right to modification of, the Product(s).
NO WARRANTIES
TIQUE HQ’S PRODUCT(S) ARE PROVIDED “AS IS”. THE COMPANY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY DOCUMENTS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THESE SITES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TIQUE HQ MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
Company may use Artificial Intelligence (AI) technologies in the creation and delivery of our products, resources, and services, including AI-sourced designs, content, and voice generation in courses. While we strive for accuracy and originality, Purchaser acknowledges that AI-generated content may contain errors or exhibit similarities to existing works. Company cannot guarantee the absence of unintentional content similarities, and Purchaser agrees to use all products and services with this understanding.
Limitation of Liability
In no event shall Company be liable under this Agreement to Purchaser or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Purchaser was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Company assumes no liability for any claims of infringement, plagiarism, or content originality resulting from AI-generated content. Purchaser agrees that Company shall not be held responsible for any incidental, indirect, or consequential damages arising from AI-driven designs, content, or voice generation within products and courses. Company’s liability in connection with AI usage remains limited to the total amount paid by Purchaser for the affected product(s) under this Agreement.
Maximum Damages
The sole remedy for any actions or claims brought by the Purchaser shall be limited to and shall not exceed the total monies paid by Purchaser for the Product(s) it purchased under this Agreement from Company.
No Guarantees
Company does not make any guarantees as to the results, including financial or other personal or business gains, of any Product(s) purchased by Purchaser. Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided. Purchaser agrees to take responsibility for Purchaser’s own results. Purchaser level of success in attaining the results from using Company products, services, and information depends on, but is not limited to, the time Purchaser devotes to the program(s) and courses, ideas and techniques used, Purchaser preexisting knowledge, Purchaser team of support or employees, various skills, business savvy, network, and financial situation.
Sales Taxes
Should any sale and/or use tax be imposed on any part of Your purchase, such tax shall be collected from You and remitted by Company. All sales tax will be included in the checkout.
Entire Agreement
This is a binding Product Purchase and Use Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Seminole County, FL. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
Severability and No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
Transfer
This Agreement cannot be transferred or assigned to any third party by the Purchaser without the consent of the Company.
Digital Product Purchase & Use Agreement
1. Scope of Affiliate Program
Affiliate understands and agrees that their business was evaluated by Company and determined by Company to be a proper fit as an affiliate marketer for Company's Shop Products. Affiliate shall comply with this Agreement at all times and Company reserves the right to terminate Affiliate at any time for any reason. Company shall provide Affiliate with a specific link and/or code for Affiliate to use and give to their respective audience.
2. Use of Affiliate Dashboard and Codes
Company shall provide Affiliate with access to a dedicated dashboard where Affiliate can generate unique tracking codes for the shop or individual shop items. Affiliate agrees to ONLY use these generated codes to refer its audience to either the homepage of Company or specific product pages of the Affiliate's choice. Affiliate shall not modify these codes in any way. Company reserves the right to revoke dashboard access or modify the code generation system at any time if misuse has occurred.
3. Compensation for Referred Traffic and Sales
Company agrees to pay Affiliate a 10% commission on each sale [after all fees are deducted, including, but not limited to, all online platform fees and online payment processing fees] ("Payout"). Payouts will be made via Paypal [each month/every two weeks]. Sales will be totaled at the end of every month and will be made to Affiliate by Company within 5 days at the end of every Payout period. Affiliate is responsible for maintaining proper payment information with Company in order to receive Payouts, including keeping current email address and payment information updated in the Affiliate dashboard, and providing any required accounting and tax documentation.
Payouts are only available when a total threshold of $100.00 in net sales by use of Affiliate's link/code has been met. Any unpaid Payout amount below the threshold will roll into the following month.
Company reserves the right to change Payout procedures in its sole and exclusive discretion. If Company does so, Affiliate will be notified.
Affiliate shall notify Company of any disputes as to payout within thirty (30) days of receipt of a specific monthly payout. Disputes filed after thirty (30) days of payout will not be addressed by Company.
4. Affiliate Obligations
Further, Company monitors Affiliate's account and all clicks and/or purchases coming through the Affiliate's account. Affiliate is required to make one sale within 90 days of joining the Company's Affiliate Program in order to stay an affiliate. Thereafter, Affiliate is required to make at least one sale every 90 days to stay active in the Affiliate Program. In the event Affiliate does not reach these requirements, Company reserves the right to terminate Affiliate from the affiliate program in its sole discretion. Further, if Company determines that Affiliate is not in compliance with the terms of this Agreement or improperly uses the codes generated through the Affiliate dashboard, Company reserves the right to immediately terminate Affiliate's participation in Affiliate Program. Affiliate is responsible for ensuring operation and maintenance of the Affiliate sites, including technical operations, written claims, and accuracy of materials. Affiliate must ensure that these do not infringe upon the intellectual property rights of any third-party or otherwise violate any legal rights.
5. Reports
Affiliate will have access to real-time sales reports and statistics through their dashboard provided by Company. These reports will show all sales attributed to the Affiliate's generated codes, commission amounts, and other relevant performance metrics. Affiliate is responsible for regularly reviewing this information for accuracy.
6. Copyright
Affiliate agrees that the intellectual property owned by Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to Company ("Company IP").
Subject to the limitations listed below, Company hereby grants to Affiliate a non-exclusive, non-transferable, revocable license to access Company's websites in conjunctions with the Affiliate Program and use the Company IP solely and exclusively in conjunctions with identifying Company and brand on the Affiliate Site to send customers to the Affiliate links Company provides. Affiliate may not modify the Company IP in any way and only Affiliate is permitted to use the Company IP. Company may revoke this license at any time.
Affiliate is advised that any unauthorized use of Company IP shall constitute unlawful infringement and Company reserves all its rights, including the right to pursue an infringement suit against Affiliate.
Affiliate hereby provides Company a non-exclusive license to use their name, company name, trademarks, and service marks if applicable and other business intellectual property to advertise Company's Affiliate Program.
7. Work Relationship
Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. Affiliate is an independent contractor of the Company and will remain so at all times. Affiliate will be provided a 1099-NEC form by Company, or a 1099-K form by a payment settlement entity, if applicable.
8. Affiliate Representations and Warranties
Affiliate represents and warrants that:
It will accurately provide all websites and domains you own where you intend to use Affiliate Links to generate affiliate leads upon request by Company;
- It will not use the codes generated through the Affiliate dashboard directly in any pay-per-click advertising;
- It will not use or encourage any means of delivering fraudulent traffic, including, but not limited to, use of bots or toolbar traffic, cookie stuffing, or use of false or misleading links;
- It will not use direct linking to any page on Company website, without prior written permission from Company;
- It will not mask its referral sites or use deceptive redirecting links; and
- It will not use any mechanisms to deliver leads other than through an intended consumer.
9. FTC Compliance
Company requires Affiliate to comply with all applicable statues, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandates. The FTC requires that affiliate relationship, such as the relationship between Affiliate and Company, by clear and conspicuously disclosed to consumers. Company recommends that Affiliate seeks independent legal counsel to advise on disclosure obligations.
Affiliate is required to post a conspicuous notice on its website regarding the Affiliate Program. The notice does not have to contain the following precise wording, but should be similar:
"We engage in affiliate marketing whereby we receive commission funds through clicks and codes to our affiliate program through purchases made through this website and/or link. This disclosure is intended to comply with the U.S. Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply."
Company further requires Affiliate to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such regulations include, but are not limited to, the General Data Protection Regulations and California Consumer Protection Act.
10. Reverse Engineer and Security
Affiliate agrees not to (1) reverse engineer or attempt to reverse engineer or disassemble any code or software from or on any of Company's websites or affiliate programs/services; (2) violate the security of any of Company's websites or affiliate programs/services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user, or network.
11. Data Loss
Company does not accept responsibility for the security of Affiliate's account or content. Affiliate agrees that their participation in the Affiliate Program is at their own risk.
12. No Guarantees and No Warranties by Company
Company does NOT guarantee that the Affiliate Program will provide any specific outcome, such as monetary gain, to Affiliate's business. Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warrant of fitness for a particular purpose and the implied warranty of merchantability. Company makes no warranties that the Affiliate Program will meet Affiliate's needs or that it will be uninterrupted, error-free, or secure. Company also makes no warranties as to the reliability or accuracy of any information. Affiliate agrees that any damages that may occur to him/her is Affiliate's sole responsibility and Company is not liable for any such damage or loss.
13. Exclusivity
During the term of this Agreement, Affiliate understands and agrees that it shall not directly or indirectly promote, solicit, entertain, advertise, discuss and other person or entity, or accept any affiliate sales from any person or entity, that is in the field of travel advisors/sellers of travel, without the express consent of Company.
14. Term and Termination
The term of this Agreement will begin when Affiliate electronically accepts this Agreement by checking the box labeled "I agree to the terms and conditions" during the registration process, and will continue for the period which the Affiliate remains in good standing as long as the terms in Section 4 are met. It can be terminated by either Party at any time with or without cause.
Affiliate may only earn Payouts as long as Affiliate is in good standing during the term. If Affiliate terminates this Agreement, Affiliate will qualify to receive only payouts earned prior to the date of termination.
If Affiliate fails to follow the terms of this Agreement or any other legal terms, Affiliate forfeits all rights, including the right to any unclaimed payout.
Company reserves the right to terminate this Agreement if Affiliate violates any of the terms outlined herein.
15. Non-Disparagement
Company and Affiliate agree that, at all times during this Agreement and in perpetuity, they shall use reasonable and good faith efforts to ensure that neither Party engages in any vilification of the other, and shall refrain from making any false, negative, critical or disparaging statements, implied or expressed, concerning the other, including, but not limited to, methods of doing business, the quality of products and services, role in the community, or treatment of one another. The Parties further agree to do nothing that would damage the others business reputation or goodwill; provided, however, that nothing in this Agreement shall prohibit either party's disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.
16. Confidentiality
Affiliate shall not (i) disclose to any third-party any details regarding the business of the Company, including, without limitation, the names of any of its customers, the prices it obtains, the prices at which it sells products, its manner of operation, its plans, its marketing and advertising strategies, any of the Company's trade secrets or any other information pertaining to the business of the Company (the "Confidential Information"), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.
17. Force Majeure
No Party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), outbreak, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice (as defined in Section 26) within 30 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice.
18. Indemnification
Affiliate shall indemnify, release, discharge and hold harmless Company, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of Company from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys' fees, to which Company may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Company.
19. Maximum Damages
Affiliate agrees that the maximum amount of damages they are entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Affiliate or promised to be paid to Affiliate under a client contract with Company.
20. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between Company and Affiliate, and any modifications must be in writing, signed by both Parties, and physically attached to the original Agreement.
21. Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Seminole County, Florida. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
22. Arbitration
Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Seminole County, Florida, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
23. Severability and No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
24. Transfer
This Agreement cannot be transferred or assigned to any third-party without written consent of both Parties.
25. Headings
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
26. Notice
Parties shall provide effective notice ("Notice") to each other via email. Company's Email for notices is: hello@tiquehq.com. Affiliate's email for notices shall be the email address provided by Affiliate during the registration process. All notices will be deemed received when delivered to the respective email addresses.
27. Counterparts; Electronic Signatures
This Agreement may be executed electronically, and such electronic acceptance shall be deemed to be a valid execution and acceptance of the Agreement by the Parties. Electronic records of this Agreement maintained by Company, including but not limited to IP address logs, timestamp records, and registration data, shall be deemed to be the original Agreement and constitute a record of the Parties' agreement to the terms herein.
28. Electronic Acceptance and Records
This Agreement is a clickthrough agreement and by checking the box labeled "I agree to the terms and conditions" during the registration process, Affiliate expressly acknowledges that they have read, understood, and agree to the terms and conditions of this Agreement. Such action constitutes electronic acceptance, which will be considered a legal equivalent of Affiliate's signature on a written contract, and equally binding.
By electronically accepting this Agreement, Affiliate agrees that all agreements, notices, disclosures, and other communications that Company provides electronically satisfy any legal requirement that such communications be in writing. Company's system will record and store Affiliate's IP address, timestamp, and other relevant data as verification of Affiliate's acceptance of this Agreement.
29. Effective Date
This Agreement becomes effective on the date Affiliate checks the box labeled "I agree to the terms and conditions" during the registration process ("Effective Date").
Affiliate Partner Agreement
Last Updated on: December 13th
By using this website as a user (hereafter “You”), You agree to the following Privacy Policy. Please read this policy carefully before using this website. This website is owned and operated by a Florida company (hereafter “Our”, “We”, or “Company”). Our principal place of business is located in Longwood, FL.
Our mailing address is:
577 Albany Place Longwood FL 32779
For any privacy-related questions, you can reach us at operations@tiquehq.com
General
We at TIQUE respect Your privacy. This Privacy Policy is designed to explain how We collect, use, share, and protect the personal information You provide to us when You access Our website, purchase Our goods or services, or engage with us on social media, as well as Your own rights to the information We collect.
Please read this Privacy Policy carefully. We will alert You to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on Our website, and You waive specific notice of any changes to the Policy by continuing to use and access Our site(s). We encourage You to review this Privacy Policy periodically, when You use Our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by Your continued use of Our website after the revised Privacy Policy is posted.
Information Collected
We collect a variety of information from You when You visit Our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, You are specifically consenting to Our collection of the data described below, to Our use of the data, to the processing of this data, and to Our sharing of the data with third-party processors as needed for Our legitimate business interests The information We collect may include:
Personal Data: Personal Data is information that can be used to identify You specifically, including Your name, shipping address, email address, telephone number or demographic information like Your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on Our website or any mobile application. You provide some of this information when You register with or make purchases from Our website. You may also provide this information by participating in various activities associated with Our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but Your refusal may prevent You from accessing certain benefits from Our website or from making purchases.
Derivative Data: Derivative data is information that Our servers automatically collect about You when You access Our website, such as Your IP address, browser type, the dates and times that You access Our website, and the specific pages You view. If You are using a mobile application, Our servers may collect information about Your device name and type, Your phone number, Your country of origin, and other interactions with Our application.
Financial Data: Financial data is data that is related to Your payment method, such as credit card or bank transfer details. We collect financial data in order to allow You to purchase, order, return or exchange products or services from Our website and any related mobile apps. We store limited financial data. Most financial data are transferred to Our payment processor and You should review these processors’ Privacy Policy to determine how they use, disclose and protect Your financial data.
Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include Your name, Your social network username, location, email address, age, gender, profile picture, and any other public information. If You do not want us to access this information, please go to the specific social networking site and change Your privacy settings.
Mobile Device Data: If You use Our website via a mobile device or app, We may collect information about Your mobile device, including device ID, model and manufacturer, and location information.
Other data: On occasion, You may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that You are offering this kind of information in exchange for an entry into such a contest or giveaway.
Use of Information
Your information allows us to offer You certain products and services, including the use of Our website, to fulfill Our obligations to You, to customize Your interaction with Our company and Our website, and to allow us to suggest other products and services We think might interest You. We generally store Your data and transmit it to a third-party for processing. However, to the extent We process Your data, We do so to serve Our legitimate business interests (such as providing You with the opportunity to purchase Our goods or services and interact with Our website).
Specifically, We may use the information and data described above to:
1. Create and administer Your account; and
2. Deliver any products or services purchased by You to You; and
3. Correspond with You; and
4. Process payments or refunds; and
5. Contact You about new offerings that We think You will be interested in; and
6. Interact with You via social media; and
7. Send You a newsletter or other updates about Our company or website; and
8. Deliver targeted advertising; and
9. Request feedback from You; and
10. Notify You of updates to Our product and service offerings; and
11. Resolve disputes and troubleshoot any problems; and
12. Administer contests or giveaways; and
13. Generate a profile that is personalized to You, so that future interactions with Our website will be more personal; and
14. Compile anonymous statistical data for Our own use or for a third-party’s use; and
15. Assist law enforcement as necessary; and
16. Prevent fraudulent activity on Our website or mobile app; and
17. Analyze trends to improve Our website and offerings.
Disclosure of Information
We may share Your information with third parties in certain situations. In particular, We may share Your data with third-party processors as needed to serve Our legitimate business interests, which include administration of Our website, administration of Your account, entering into contracts with You, communicating with You, taking orders for goods or services, delivering Our goods and services, identifying trends, protecting the security of Our company and website, and marketing additional goods and services to You. The legal basis for Our disclosure of Your data is both Your Consent to this Privacy Policy and Our own right to protect and promote Our legitimate business interests.
The following are specific reasons why We may share Your information.
Third-party Processing: We may disclose Your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. For more information, see the “Third-party Processing” Section below.
By Law: We may share Your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use Your information to protect Our company, including to investigate and remedy any violations of Our rights or policies. We may also disclose Your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Affiliates: We may share Your personal information with Our business affiliates who promote Our product(s) or service(s) for a commission fee. We require Our affiliates to honor this Privacy Policy. They are not allowed to spam You and must disclose they are an affiliate for us. If they do not do so, they are in violation of their affiliate terms and this Privacy Policy, and any violation of this nature should be reported to [enter email].
Advertisers: We may use third-party advertising companies to run and manage Our ads to produce ads that appears when You visit Our Website or mobile app. These companies may use information about Your visit to Our website and other websites that are contained in web cookies (as described below) to offer You personalized advertisements about goods and services that might interest You. We cannot control the activities of, such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.
Other third parties: We may share information with advertisers, Our investors, or other third-parties for the purpose of conducting general business analysis. If We do so, We will make reasonable efforts to inform You if required by law.
Sale or Bankruptcy: In the event that Our company is sold, goes out of business or enters bankruptcy, Your information may be an asset that is transferred to a third-party successor. Such a successor is not bound by Our Privacy Policy and may have its own. You will be notified in the event Our Company is sold, goes out of business or enters bankruptcy.
Interaction with others: If You interact with others on Our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of Your data, including Your name, profile picture, and Your history of interaction with Our website, such as prior comments or posts.
Online postings: When You post online, Your posts may be viewed by others, and We may distribute Your comments outside the website.
External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest You exercise caution when clicking on a hyperlink. Although We use reasonable care in including a hyperlink on Our own web page, We do not regularly monitor the websites of these third-parties, are not responsible for any damage or consequences You suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third-party website that You access by a hyperlink, nor are they bound by ours. We encourage You to read the Policies of those third-party websites before interacting with them or making purchases. They may collect different information and use? different methods than We do.
Other purposes: We may disclose Your personal data as necessary to protect Your interests, or the vital interests of others or Our company.
Tracking Technologies
Cookies, Log Files and Web Beacons: Like many other websites, We makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
We also use cookies - small text files sent to us by Your computer - and web beacons to store certain information. We may use cookies to authenticate Your identity, to determine if You are logged onto Our website, for personalization, for security, for targeted advertising, or for analysis of the performance of Our website and services. For example, cookies allow us to recommend blog posts to You based on what You have read on Our site in the past. We use cookies that are not specific to Your account but unique enough to allow us to analyze general trends and use, and to customize Your interaction with Our website.
Most browsers are set to accept cookies by default. In addition, when You first encounter Our website, You will be asked to “consent to cookies.” If You wish to disable cookies, You may do so through Your individual browser options. However, this may affect Your ability to use or make purchases from Our website. By continuing to use Our website and not disabling cookies on Your browser, You are consenting to Our use of cookies in accordance with the terms of this policy.
In addition, We may use third-party software to post advertisements on Our website or mobile app to oversee marketing or email campaigns, or manage other company initiatives. These third-party softwares may use cookies or similar tracking technology. We have no control over these third-parties or their use of cookies. For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Website Analytics
We may partner with third-party analytic companies, including but not limited to Google Analytics. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of Our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third-party vendors.
Processing Your Information
In most circumstances, We do not process Your information in-house, but give it to third-party processors for processing. For example, when PayPal takes Your payment information, they are a third-party processor. They process Your payment and remit the funds to Us.
We may, from time to time, process Your data internally. Our purposes in processing this information is to administer, maintain, and improve Our website and offerings, to enter into contracts with You, to fulfill the terms of those contracts, to keep records of Our transactions and interactions, to be able to provide You with goods and services, to comply with Our legal obligations, to obtain professional advice, and to protect the rights and interests of Our company, Our customers (including You), and any third-parties. We may process the following data:
1. Data associated with Your account, such as Your name, address, email address and payment information
2. Data about Your usage of Our website, such as Your IP address, geographical information, and how long You accessed Our website and what You viewed.
3. Data related to Your personal profile, such as Your name, address, profile picture, interests and hobbies, or employment details.
4. Data that You provide us in the course of using Our services.
5. Data that You post on Our website, such as comments or responses to blogs.
6. Data that You submit to us when You make an inquiry regarding Our website or offerings.
7. Data related to Your transactions with us, including Your purchase of Our goods or services. This information may include contact details and payment information.
8. Data that You provide to us when You subscribe to Our emails or newsletters, including Your email address and contact information.
9. Data that You submit to us via correspondence, such as when You email us with questions.
10. Any other data identified in this policy, for the purpose of complying with Our legal obligations, or to protect the vital interests of You or any other natural person.
Data Retention
We retain personal data as long as it is needed to conduct Our legitimate business purposes or to comply with Our legal obligations, or until You ask us to delete Your data. For example, We will retain certain personal information indefinitely for the purposes of maintaining Your account, unless and until You delete Your account. Data that We gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
You may request that We delete Your data at any time. However, note that We cannot control the retention policies of third parties. If You wish to have any third parties, including those to whom We’ve transmitted Your data, delete that data, You will need to contact those third-parties directly. You may request from us a list of all third parties to whom We have transmitted Your data.
Minors
This website is not designed for use by children under age 16, and We do not knowingly solicit personal data from anyone under age 16. If You are under age 16, do not access or use Our website or related products or services. If You become aware that We have collected data of anyone under the age of 16, please contact us so that We may delete that data.
Your Rights
You have certain rights with respect to Your personal data, as outlined within this Privacy Policy. We may charge You a reasonable fee for actions that You ask us to take with respect to Your data. We also reserve the right to request that You provide us with evidence of Your identity before We take any action with respect to the exercise of Your data rights. Further, Your rights may be restricted or nullified to the extent they conflict with Our compelling business interests, the public interest, or the law.
Update Account Information: You have the right to update or change any information You have provided to us. To update or delete Your information, please contact us at hello@tiquehq.com.
Confirm Personal Data and Its Use: You have the right to request that We confirm what data We hold about You, and for what purposes. You also have the right to confirmation of whether We process Your data or deliver Your data to third-party processors, and for what purposes. We will supply You with copies of Your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change Your consent to Our use of Your information. In such cases, We may require You to delete Your account with us, as described above, and You may not have full access to Our website.
Opt-Out of Communications: If you do not wish to receive marketing communications from Us, you can unsubscribe via the link in an email you have received.
Request a Copy of Data: You have the right to request a digital copy of the data that We hold about You. Your first request for a copy of Your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that We gather and transfer Your data to another controller, in a commonly used and machine-readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that We delete all data that We hold about You, and We must delete such data without undue delay. There are exceptions to this right, such as when keeping Your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of Your account with us and You may have limited or no use of Our website.
Marketing Communications: You may opt out of receiving any third-party marketing communications or having Your personal information used for marketing purposes.
Processing: In some circumstances You may restrict the processing of Your data, such as when You contest the accuracy of Your data or when You have objected to processing, pending the verification of that objection. When processing has been restricted, We will continue to store Your data but will not pass it on to third-party processors without Your consent, or as necessary to comply with legal obligations or protect Your rights or those of others or Our company. In addition, You may opt out of any processing of Your data altogether. Doing so may result in the termination of Your account and loss of access to Our website.
Complaints: You have the right to complain to a supervising authority if You believe We are misusing Your data or have violated any of Your rights under this Privacy Policy or applicable law.
Newsletter and Marketing
You may volunteer certain information to Us that is used for email and marketing purposes. This information includes, but is not limited to, Your name and email. You can unsubscribe from any future communications via email, but We reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in Our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting Our business, such as through Facebook ads or other marketing campaigns.
Data Breach Procedures
We take all reasonable steps to protect Your personal data and keep Your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information You transmit to us.
By consenting to this Privacy Policy, You acknowledge that Your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of Your data by other parties.
In the unlikely event customer data has been lost, stolen, or potentially compromised, Our policy is to alert our customers via email no later than 72 hours of Our company becoming aware of the event. We will also report such incident to any required data protection authority. We will work closely with any customers affected to determine next steps such as any end-user notifications, needed patches, and how to avoid any similar event in the future.
Privacy Policy Changes
Although most changes are likely to be minor, We may change our Privacy Policy from time to time, and at Our sole discretion.
Notice to California Residents
The California Privacy Protection Act and the California Business and Professions Code require that We summarize Your privacy rights. Company will provide You with the categories of personally identifiable information that is collected through this website and the categories of third-party entities with whom such personal information may be used at Your request. California law allows You to control who We can and cannot share your personal information with. To obtain any information You are entitled to under California law, please send a request by email or through contact form on this website. There is no charge to requesting this information from Company.
International Privacy and GDPR Disclaimer
This website’s servers are located within the United States. Thus, if you are visiting this website from outside the United States, you agree that you are sending information to the United States. If you are a member of the EU, Your data is protected by appropriate safeguards, namely the EU-US Privacy Shield and GDPR. By clicking submit to any opt ins on this website, You consent to the collection of your name and email and will receive communications from Company. You have the right to object to the processing of Your data at any time. Your information will not be shared with any third parties in the EU.
Privacy Policy
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