This Affiliate Agreement
(“Agreement”) contains the terms and conditions that apply to participation in
the Affiliate Program (“Program”) as operated by iHosting HQ (“we”, “us”, “our”, or any other sister website or company). This
Agreement is part of and subject to our Legal Terms. Any capitalized not defined herein have
the same meaning as defined in our Legal Terms. The Program involves our Affiliates
providing a referral web link (“Affiliate Web Link”) through email and website(s)
(collectively, “Affiliate Sites”) for customers to sign-up to use our Services. We track referrals from our
Affiliates and pay them a commission for completed subscriptions to our Services
(“Subscriptions”). When referring to you in this Agreement, we may use the
terms, “you” and “your”, as well as make references to you as an Affiliate,
your Affiliate Web Link, and Affiliate Sites. The terms of our Program, including
the amount of compensation you may receive, are subject to change at any time
at our discretion and without advanced notice. As such, you should check these terms often
to make sure you remain in compliance with them.
With regards to your
appointment and acceptance as an Affiliate under this Agreement, you agree
A. You must complete our online registration as found
on our Website.
B. You shall wholly abide by the terms of this
Agreement and our Legal Terms.
C. You must maintain a valid and active account with PayPal as that is how we will pay you.
D. You understand that your relationship with iHosting HQ is non-exclusive in nature and that
iHosting HQ may engage other such Affiliates at
iHosting HQ’s sole discretion.
E. This Agreement only becomes effective upon notice
to you from iHosting HQ that iHosting HQ has accepted you as an Affiliate.
and Limits of Affiliate Authority. As
an Affiliate, you shall
satisfy the following responsibilities and obey the following limits at
all times in respect to this Agreement:
A. You must have an Affiliate Site from which traffic
can be referred to our Website.
B. Your Affiliate Sites shall not contain references,
links or advertisements to any of the following: pornography, gambling,
racially degrading or hate based materials, or any content which may be illegal
or encourage illegal activities.
C. You shall exhibit and conduct behavior in a manner consistent with the high image, reputation and
credibility of iHosting HQ and its Subscriptions, and shall
engage in no activities that reflect adversely on iHosting HQ or its Subscriptions.
D. You shall not represent to any party that you are a
sales representative of iHosting HQ or that you have any authority to
bind the iHosting HQ in any fashion, including
obligating iHosting HQ to sell its Subscriptions to any
E. You shall strictly follow all guidelines for the
Affiliate Web Link as provided by iHosting HQ .
F. Affiliates shall at all times honor the patents,
trade names, trademarks, and copyrights of iHosting HQ (“iHosting HQ IP”) and shall take no action that
would infringe or otherwise inhibit iHosting HQ IP.
G. You have no authority to accept orders on behalf of
iHosting HQ .
H. You have no authority to discuss or otherwise
modify any prices, credit terms, sales programs or other terms or conditions of
sale, to authorize any customer to receive a refund.
I. You shall never make any warranty on behalf of iHosting HQ or its Subscriptions. You shall not engage in any unfair trade
practices with respect to iHosting HQ or
its Subscriptions. You shall not
make any false or misleading representations with respect to iHosting HQ or its Subscriptions.
J. You shall never attempt to receive payments or
otherwise make collections from any customer for iHosting HQ ’s Subscriptions.
K. You will comply with all applicable laws in your
country in the performance of your duties under this Agreement.
Web Link. You agree to the following with
regards to the scope and limitations of the Affiliate Web Link:
A. The iHosting HQ
will provide you with an Affiliate ID, technical specifications (i.e. proper
URLs), and banner logos necessary to establish the Affiliate Web Link on the Affiliate
Sites. You shall implement
the Affiliate Web Link only as provide by iHosting HQ. You shall prominently
display any banner logos provided by iHosting HQ, shall in no way modify such banner logos, and shall only use banner
logos as provided by iHosting HQ. iHosting HQ reserves
the right to modify any banner logos as it sees fit.
B. It is your sole responsibility to make sure that
your Affiliate Web Link is properly configured and working properly. iHosting HQ is not responsible for commissions on
sales from an Affiliate Sites unless the Affiliate Web Link is functional and
received by iHosting HQ with the correct Affiliate ID.
- Compensation. You will receive commissions under
this Agreement as follows:
A. The sole and exclusive compensation to be paid by iHosting HQ to any Affiliate is in the form of
commissions for each completed sale that arrives through an Affiliate Web
Link. You understand that the
commissions received are as specified within the Program description as found
on our Website. The Program
description is considered part of and subject to this Agreement, and is the
sole determination of any percentages, minimum payment amounts, and payment
schedule dates with respect to any commissions you will receive. iHosting HQ shall have the right, from time to
time, at its sole discretion, to modify the Program, including, but not limited
to commission percentages and dates of payment.
B. You shall receive no commissions under any
circumstances with respect to any sale that is not completed, is not approved
by iHosting HQ , or is received after termination
of this Agreement.
C. iHosting HQ reserves the right to offset refunds and credit
card charge-backs against future commissions for those orders on which you have
already been paid a commission.
D. iHosting HQ shall periodically furnish you with statements
reflecting the status of your commissions.
If you have objections with respect to any such statement, whether
regarding its accuracy, completeness or any other matter, you must make any
such objection(s) known to iHosting HQ in
writing within thirty (30) days after the date of such
statement. IF YOU DO NOT PROVIDE
SUCH OBJECTION WITHIN THE THIRTY (30) DAY PERIOD, YOU
SHALL BE DEEMED TO HAVE WAIVED AND ABANDONED SUCH OBJECTIONS.
E. Notwithstanding anything contained in this Section,
any commissions otherwise becoming earned and due to you as of the termination
of this Agreement, or thereafter, will be withheld by iHosting HQ until sixty (60) days after the termination date of this
Agreement ("Reconciliation Date") in the advent that there are any
losses due to refunds or credit card charge-backs for orders on which you are
receiving a commission. After the
Reconciliation Date, iHosting HQ shall release any outstanding
commissions due to you, less any proportionate reductions due to refunds or
credit card charge-backs for orders on which you are receiving a commission.
You hereby agree to indemnify iHosting HQ , it’s officers, and employees
for any liability, including, but not limited to, damages, court costs,
and attorneys fees, that iHosting HQ
may incur as a result of your breach of this Agreement. The terms of this Section shall
survive the termination of this Agreement.
- Taxes. You are solely responsible for payment of all
income-based taxes relating to your services under this Agreement. Should iHosting HQ have to make any such payment
of income taxes on your behalf, you shall repay such amounts to iHosting HQ including any interest and
penalties assessed to iHosting HQ
by taxing entities.
of Liability and Exclusion of Certain Remedies. You understand that iHosting HQ provides this Agreement to you on an “as-is” basis and makes no
warranty with regards to the amount of income that you will receive. Under no circumstance, regardless of the
basis of the claim, shall the total liability of iHosting HQ to you exceed the commission due to you for your completed
sales within the last calendar month.
In no event shall iHosting HQ be
liable to you for consequential, special, incidental, or punitive damages
(including, but not limited to, legal costs and fees) from any claim asserted
against iHosting HQ or by any third party. The terms and provisions of this section
shall survive the termination of this Agreement.
- Confidentiality. During the period in which an Affiliate is
providing services for iHosting HQ
and indefinitely thereafter, Affiliate shall keep secret and retain in
strictest confidence, and shall not, without the prior consent of iHosting HQ , furnish, make available or
disclose to any third party or use for the benefit of itself (except as
necessary to fulfill the purposes of this Agreement), any Confidential
Information of iHosting HQ . As used herein, “Confidential
Information” shall mean any information relating to business or affairs of
iHosting HQ , including but not limited to,
the iHosting HQ , its Subscriptions, the
details of the Program, information relating to financial statements,
business strategies and plans, customer identities, customer accounts,
potential customers, employees, suppliers, servicing methods, equipment,
programs, style and design strategies and information, analyses, profit
margins, or other proprietary information used by iHosting HQ in connection with its
obligations pursuant to this section shall survive the termination of this
- Termination. Notwithstanding anything to the
contrary in this Agreement, either you or iHosting HQ may terminate this Agreement immediately
without notice and without any further obligation other than as mentioned
in this Agreement. Upon such
notice of termination, Affiliate shall immediately remove the Affiliate
Web Link from the Affiliate Sites and cease further use of any iHosting HQ IP. Affiliate’s obligations pursuant to
this Section shall survive the termination of this Agreement.
During the term for this Agreement and for a period of two (2)
years after termination of this Agreement, Affiliate shall not induce,
directly or through use of any third party, any employee or Affiliate of iHosting HQ to leave his or her employ
with iHosting HQ , as applicable.
You shall not create,
publish, distribute, or permit any written or electronic material that
makes reference to iHosting HQ
or the Program without first submitting such material to iHosting HQ in writing for
- No Other Relationship or
Interest. You understand that at all times, you are considered an
independent contractor and that nothing in this Agreement creates any
other relationship or legal interest between the you and the iHosting HQ , including, but not limited
to, employer/employee relationship, license, title, guarantee of work, or
right to use any Confidential Information, except as specified by this
You may not assign,
transfer or sell all or any of its rights under this Agreement or delegate
all or any of its obligations hereunder, without the prior written consent
of iHosting HQ . iHosting HQ may assign this Agreement to a
parent, subsidiary or affiliated firm or to another entity in connection
with the sale or other transfer of all or substantially all of its
business assets. Subject to these restrictions, the provisions of this
Agreement shall be binding upon and shall inure to the benefit of iHosting HQ , its successors and permitted
- General. This Agreement constitutes the entire
agreement between you and iHosting HQ
in connection with the subject matter hereof and supersedes all
agreements, proposals, representations and other understandings, oral or
written. No alteration or
modification of this Agreement shall be valid unless made in writing by iHosting HQ . The waiver by iHosting HQ of your breach of any
provision of the Agreement shall not operate or be construed as a waiver
of any subsequent breach and any waiver must be in writing and signed by
an authorized officer of iHosting HQ . If any provision of this Agreement
is held to be invalid or unenforceable, the remaining provisions shall
continue in full force and effect.
Any terms of this Agreement which by their nature extend beyond its
termination remain in effect until fulfilled, and apply to respective
successors and rightful assignees.
digitally agree to be bound by the terms of this Agreement when you check
the acceptance of terms box during signup. By doing so, you are waiving any signature-based