000WEBHOST.COM - AFFILIATE PROGRAM AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2018-05-30 08:05
This Affiliate Program Agreement (this "Agreement") is entered into by and between Hostinger International Ltd, a Cyprus private limited company ("000webhost.com") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of the Affiliate Program (the "Affiliate Program" or the "Services"). Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement. The terms "we", "us" or "our" shall refer to 000WEBHOST.COM. The terms "you", "your", "User", "customer" or "Affiliate" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. 000WEBHOST.COM, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the 000WEBHOST.COM website (this "Site"). You acknowledge and agree that (i) 000WEBHOST.COM may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, 000WEBHOST.COM may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current. 000WEBHOST.COM assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. DESCRIPTION OF THE PROGRAM
000WEBHOST.COM grants you a non-exclusive, non-transferable limited license to use the Affiliate Program in accordance with the terms and conditions set forth herein. The Affiliate Program allows you to provide a platform for advertising 000WEBHOST.COM via your "Web Site" or "Publishing Location" (such as an electronic newsletter or blog), thereby driving traffic to 000WEBHOST.COM's Web Site or Web Site content, whereby you may earn a "Referral Point" if a person or entity that is not you (a "Visitor") uses a 000WEBHOST.COM product or service actively after being referred to 000WEBHOST.COM's Web Site or Web Site content from an internet hyperlink (a "Link") contained on your Web Site or Publishing Location. After being referred to 000WEBHOST.COM's Web Site or Web Site content from a Link contained on your Web Site or Publishing Location, Visitors have forty-five (45) days to signup in order for you to receive Referral Points. Please note that you will only receive a Referral Point for referrals completed through your Web Site or Publishing Location’s Link; subsequent signups by the same Visitor (by accessing 000WEBHOST.COM’s Web Site directly) will not be awarded. Additionally, should the Visitor click on another Web Site or Publishing Location's Link that is not controlled by you, or return to the 000WEBHOST.COM Web Site via another source-coded advertising Link during the initial forty-five (45) days, your Link will be overwritten and you will not receive a Referral Point for that Visitor. You acknowledge and agree that only signups completed through 000WEBHOST.COM's Web Site or Web Site content will be eligible for Referral Points. You are not eligible for Referral Points on signups made by you, your employees, agents, representatives, or contractors.
3. WEB SITE AND PUBLISHING LOCATION RESTRICTIONS
You acknowledge and agree that your Web Site or Publishing Location shall not (and shall not enable others to):
- Engage in (a) sending unsolicited commercial email ("spam") or (b) indiscriminate advertising;
- Fail to comply with applicable laws regulating commercial email;
- Collect personal information about minors without their parent's prior written consent;
- Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by 000WEBHOST.COM in its sole and absolute discretion;
- Encourage the use of a controlled substance;
- Encourage unlawful behavior;
- Display, promote or sell illegal content, or offer any illegal product or service;
- Violate any applicable law;
- Contain any false, inaccurate, misleading, defamatory, slanderous or libelous content or statements;
- Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
- Contain Links to Web Sites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organization; or Contain Links to Web Sites containing any of the aforementioned content.
In addition, you acknowledge and agree you shall not:
- Copy, alter or modify any icons, buttons, banners, graphics, files, or content contained in 000WEBHOST.COM's Links, including but not limited to removing or altering any copyright or trademark notices. You recognize that 000WEBHOST.COM owns all rights in and to all information regarding the Visitors that you refer to 000WEBHOST.COM's Web Site or Web Site content.
- Enter into any arrangement or agreement under which a third party pays you fees or shares in any revenues or royalties for any search results displayed on your Web Site.
- Alter the 000WEBHOST.COM approved tracking codes to allow you to (a) collect personally identifiable information of Visitors that would allow you to personally identify Visitors, or (b) obscure the site from which the Visitor is referred, including the use of link cloaking, asp/php redirects, and/or link shortening services not provided by 000WEBHOST.COM.
- Allow your Web Site or Publishing Location be a downloadable or internet accessible application, as determined by 000WEBHOST.COM in its sole and absolute discretion.
- Use a 000WEBHOST.COM look-a-like site that suggests or gives the Visitor the impression that your Web Site or Publishing Location is affiliated with 000WEBHOST.COM. Your Web Site or Publishing Location shall not in any way copy or resemble the look and feel of 000WEBHOST.COM's Web Site or Web Site content, and you shall not create the impression that your Web Site or Publishing Location is part of 000WEBHOST.COM's network of Web Sites. This includes using 000WEBHOST.COM's trademarks, trade names, or any variations or misspellings thereof, in your URL, business name, or site name. You shall not "frame" or permit the "framing" of any page of 000WEBHOST.COM's network of Web Sites.
- Cause any signups to be made that are not in good faith, including, but not limited to, using any method, device, program, robot iframes, or hidden frames. Multiple signups from the same individual, entity or IP address may be considered non–bona fide signups. Non-bona fide signups shall not be eligible for Referral Points.
- Do anything to give the impression to anyone that you are an Internet Corporation for Assigned Names and Numbers ("ICANN") approved registrar.
- Engage in activities, whether lawful or unlawful, that 000WEBHOST.COM determines, in its sole and absolute discretion, to be harmful to 000WEBHOST.COM or its customers, employees, operations, or reputation.
- Participate in any other Affiliate Marketing Program.
You acknowledge and agree that 000WEBHOST.COM may terminate your Services if you, your Web Site or your Publishing Location violates, as determined by 000WEBHOST.COM in its sole and absolute discretion, any of the aforementioned restrictions or additional restrictions.
4. CALCULATION OF REFERRAL POINTS
Referral Points Generally
000WEBHOST.COM shall use commercially reasonable efforts to provide you with accurate daily estimates of the Points your Web Site or Publishing Location generates. You acknowledge and agree that any daily estimates do not represent an exact determination of your Referral Points and the exact amount of your Referral Points may be different. However, you acknowledge and agree that in calculating your Referral Points 000WEBHOST.COM's determination regarding the same shall be the final and binding determination. The Commission Structure applicable to you may be found by signing into your affiliate area (your "000WEBHOST.COM Affiliate Area"). 000WEBHOST.COM expressly reserves the right to change or modify the Commission Structure at any time, and such changes or modifications shall be effective immediately upon posting to your 000WEBHOST.COM Affiliate Area without the need for further notice to you. 000WEBHOST.COM will hold the initial Referral Point on orders for all products and services for sixty (60) days from the signup date. After this time, Referral Points will be awarded in accordance with the provisions below and will represent Referral Points earned in the immediately preceding month or quarter, as the case may be. 000WEBHOST.COM reserves the right to extend the award date on orders suspected of fraudulent or abusive activity.
The payout date is the date that the Referral Point is sent to you. Cash payments will be paid by PayPal®.
For affiliates requesting cash, PayPal payments will be paid out monthly on the first week of each month. Please refer to the PayPal account set-up requirements for your country, which may be found here, to ensure your PayPal account has the ability to receive payments from third parties.
You acknowledge and agree that 000WEBHOST.COM only has an obligation to make Referral Points on signups utilizing coupon codes that are supplied to you through your 000WEBHOST.COM Affiliate Area. Pending Referral Points earned on signups in violation of the foregoing will be reversed. 000WEBHOST.COM does not make Referral Points on signups made by Visitors with the following coupon codes: a coupon code not supplied to you through your 000WEBHOST.COM Affiliate Area, a coupon code from an internal 000WEBHOST.COM code or private discount code, a coupon code supplied in 000WEBHOST.COM customer emails, or any coupon that states on its landing page that it is "not compatible with the Affiliate Program."
5. AFFILIATE OBLIGATIONS, REPRESENTATIONS AND WARRANTIES
You agree to submit a signed and scanned copy of Affiliate agreement located here and also a scanned copy of your passport. These documents should be sent to firstname.lastname@example.org.
Affiliate covenants and agrees to indemnify and hold harmless 000WEBHOST.COM from and against any and all claims, damages, losses, penalties, costs, expenses and fees (including without limitation reasonable attorneys' fees) (collectively, "Claims") arising out of or in connection with (i) Affiliate's breach of or non-compliance with this Agreement, (ii) Affiliate's use of the Services, (iii) Affiliate's violation or alleged violation of any applicable law, (iv) Affiliate's violation or alleged violation of any rights of another, including violation of a person's or entity's intellectual property rights, (v) any products or services offered, sold or otherwise made available by Affiliate on Affiliate's Web Site or Publishing Location, (vi) Affiliate's acts or omissions in using, displaying or distributing any Links obtained from the Affiliate Program or elsewhere, including but not limited to Affiliate's use of Links via email distribution, or (vii) any assertion that 000WEBHOST.COM is obligated to pay taxes in connection with a Referral Point made by 000WEBHOST.COM to Affiliate pursuant to this Agreement. In the context of this Section only, the term "000WEBHOST.COM" shall include 000WEBHOST.COM's officers, directors, employees, agents, representatives, contractors, and any entity that controls, is controlled by, or is under common control with, 000WEBHOST.COM. Affiliate's indemnification obligations set forth in this Section shall survive the expiration or termination of this Agreement.
6. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
7. AVAILABILITY OF AFFILIATE PROGRAM
Subject to the terms and conditions of this Agreement and 000WEBHOST.COM's policies and procedures, 000WEBHOST.COM shall use commercially reasonable efforts to attempt to provide the Affiliate Program on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Affiliate Program may be inaccessible or inoperable for any reason, including, without limitation:
Periodic maintenance, repairs or replacements that 000WEBHOST.COM may undertake from time to time; or
Causes beyond the reasonable control of 000WEBHOST.COM or that are not reasonably foreseeable by 000WEBHOST.COM, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree that 000WEBHOST.COM has no control over the availability of the Affiliate Program on a continuous or uninterrupted basis, and assumes no liability to you or any other party with regard thereto.
8. 000WEBHOST.COM'S RIGHTS AND REMEDIES
000WEBHOST.COM explicitly reserves the right, in its sole and absolute discretion, to:
- Modify the thresholds, payouts, Links, or any terms and conditions of the Affiliate Program without advance notice, if desired by 000WEBHOST.COM;
- Establish limits and guidelines concerning the use of the Affiliate Program;
- Terminate your license to use the Affiliate Program if your use of the Affiliate Program is in violation of the terms and conditions of this Agreement.
If 000WEBHOST.COM terminates your license to use the Affiliate Program, 000WEBHOST.COM may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. 000WEBHOST.COM has no obligation to monitor your use of the Affiliate Program but reserves the right to do so. Notwithstanding anything to the contrary in this Agreement, in addition to any and all other rights and remedies to which 000WEBHOST.COM is entitled, 000WEBHOST.COM specifically reserves the right to:
- Terminate the Affiliate Program at any time for any reason.
- Terminate your license to use the Affiliate Program at any time for any reason. You acknowledge and agree that the determination as to whether a signup was "validly generated" from your Web Site or Publishing Location shall be made in 000WEBHOST.COM's sole and absolute discretion. If you are terminated and removed from the Affiliate Program, you may appeal at email@example.com.
- Suspend your license to use the Affiliate Program at any time for any reason. If your license is suspended, you will not receive any Referral Points during your suspension period, whether such Referral Points accrued before or during your suspension period. After completion of an internal investigation, if you are allowed back into the Affiliate
- Program, 000WEBHOST.COM will make any Referral Points from validly generated signups from your Web Site or Publishing Location which accrued before or during your suspension period. You acknowledge and agree that the determination as to whether a signup was "validly generated" from your Web Site or Publishing Location shall be made in 000WEBHOST.COM 's sole and absolute discretion.
- Require the forfeiture of any previously earned award in connection with the Services, which has been paid or yet to be paid on any signups you generated or assisted in generating during any times when you are in violation of this Agreement.
- Deactivate any and all accounts and domains that 000WEBHOST.COM believes, in its sole and absolute discretion, to be violating the terms and conditions of this Agreement.
You acknowledge and agree that the Affiliate Program, the names, trademarks, and logos of 000WEBHOST.COM, and all related product and service names, design marks and slogans, including misspellings and variations (the "000WEBHOST.COM Trademarks"), are the sole and exclusive property of 000WEBHOST.COM, and your use of the 000WEBHOST.COM Trademarks shall inure to the benefit of 000WEBHOST.COM. You are not authorized to use the 000WEBHOST.COM Trademarks in any advertising, publicity, or other commercial venture except by displaying in an unaltered state the icons, buttons, banners, graphics, files, or content contained in 000WEBHOST.COM's Links as provided in this Agreement. You agree not to utilize, advertise, or otherwise promote any mark of 000WEBHOST.COM in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising and you may not bid on any mark of 000WEBHOST.COM on any pay-for-placement search engines.
10. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
11. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.
Revised: 2018-05-30 08:05
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