This document describes the terms
and conditions of the Total Hosting Affiliate Program. As used herein,
"Program" shall mean this Affiliate Program; Total Hosting shall me
"we," "our," or "us." "You" or
"your" shall mean the Affiliate.
In consideration of the mutual
promises and conditions contained herein, Total Hosting and you hereby agree to
the following.
Summary of Program:
Under the Affiliate Program, you will be paid a referral fee
("Referral Fee") for each qualified customer
("Referral") that you refer to Total Hosting under this
Agreement. Each Referral needs to meet the following Criteria
("Criteria"):
Each Referral must be a new and unique visitor to Total
Hosting and must register by completing and submitting the registration
form using a valid and unique e-mail address.
Each Referral must enroll in a qualified hosting plan
or purchase a qualified product and provide a valid payment for the
hosting services purchased. To generate a Referral Fee for you, each
Referral must be an active, qualified customer of Total Hosting and must
be up-to-date in all payments at the time the Referral Fees are processed.
Each Referral must sign up in a manner, which in our
sole judgment, definitively establishes that the Referral was referred
directly from you to Total Hosting under this Agreement.
Each Referral must remain in compliance with our Terms
of Service, Acceptable Use Policy and other policies that are active at
the time the Referral Fees are processed.
Referrals cannot be signed up through a Total Hosting
Reseller Program.
Referral Fees shall not be paid for Referrals that are
fraudulent or have cancellations, terminations, charge-backs, refunds,
outstanding balances or other adjustments.
Permission To Use Total Hosting Links: Under the terms of this Program, you will be granted a
limited license to display Total Hosting banners, buttons and/or hypertext
(collectively referred to as "Links") on your Web site, e-mail,
newsletter and/or other promotional materials. Total Hosting grants you
permission to download the Total Hosting Links for placement on your Web
site, provided you adhere to the terms and conditions set forth in the
Agreement.
You may
only use Links to Total Hosting on the Web site(s) that are listed in your
application and approved by Total Hosting. The maintenance of your site will be
your responsibility. The information on Total Hosting.com is frequently
updated, and you may need to update the content of your Links regularly to
maintain the accuracy of your site.
On
occasion, we may review your site to determine whether it is in compliance with
the terms and conditions of this Agreement. We will notify you of any changes
we feel should be made to ensure that your Links to Total Hosting are
appropriate.
If you do
not make the changes to your site that we feel are necessary, you may be
terminated from the Affiliate Program.
Link Guidelines:
No Alterations Allowed: The Links, banners and images
we provide must not be altered in any way. You cannot change content,
design, color, font, proportions or animation. The Links may be displayed
in a larger size, but must be increased in size proportionally. Total
Hosting reserves the right to update, revise or alter the Links in any
manner from time to time.
Required Link: The Links must always link to a URL
that is provided or approved by Total Hosting.
Positive Presentation: Your Web site must use the
Links in a positive manner. The Links may not be used in a way that could
disparage or reflect adversely on Total Hosting or its products.
You may not use the Links on any Web site that
disparages Total Hosting or its products or services, infringes upon any
intellectual property or other rights of Total Hosting, contains or
promotes "adult", pornographic or obscene material or content,
promotes gambling, or violates any state, federal or international law.
Compliance With Laws: You may not use the Links if
your Web site infringes any party's intellectual property or other
rights, contains or promotes "adult", pornographic or other
obscene material or any content prohibited by the Total Hosting
Acceptable Use Policy, or violates any state, federal or international
law.
You will be responsible for any claims, costs and
damages incurred by Total Hosting as a result of a violation of these
Link Guidelines.
Changes:
We reserve the right to change this Agreement, including without
limitation, the Links Guidelines and the Compensation, at our discretion.
Changes will take effect when posted to the Total Hosting Web site. If you
do not agree to such changes, you may terminate this Agreement via e-mail
notice to
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.
Compensation:
We will pay a Referral Fee equal to the specified percentage of any
revenue generated by a qualified Referral in the calendar quarter in which
the Referral signs up the Total Hosting account or a specified flat rate.
Information about the specified flat rate or percentage will be available
through the Affiliate Console section of the Total Hosting Web site. We
will pay a Referral Fee in check made out in U.S. currency. Affiliates
must have a mailing address located in North or South America, Europe,
Australia or New Zealand to receive a payment.
You are
responsible for informing Total Hosting about changes to postal and e-mail
addresses. Failure to provide the correct addresses may result in the
forfeiture of any payments due to you. Payments that are returned for invalid
or insufficient address information, may be forfeited as well. You can update
information at any time through the Online Client Portal .
You may
choose to receive Referral Fees in the form of credit to your Total Hosting
hosting account. If you elect to receive Referral Fees in the form of account
credit, a check will not be mailed. Total Hosting will credit your account in
the amount of your Referral Fee, as defined in this Agreement, approximately 45
days after the end of each calendar quarter. To change how you receive Referral
Fees, contact us .
Referral
Fees will be issued approximately 45 days after the end of each calendar quarter.
To qualify to receive payment, your Referral Fee must be at least $50.00. Based
solely on the discretion of Total Hosting, payment may be withheld for amounts
under $50.00.
You will
only be compensated for Referrals that purchase Total Hosting products via the
Links you generate through the Total Hosting Affiliate Console. Purchases made
by Referrals who have clicked on these Links will be tracked by Total Hosting
for the purposes of this Affiliate Program. By altering these Links in any way,
you may forfeit corresponding Referral Fees.
Any
attempt by an Affiliate to manipulate, falsify or inflate Referrals, to defraud
Total Hosting, or to violate the terms of this Agreement constitutes immediate
grounds for Total Hosting to terminate this Agreement and will result in
forfeiture of any Referral Fees due to you.
Taxes:
You are responsible for the payment of all taxes related to the
commissions you earn under this Agreement. In compliance with tax laws, Total
Hosting will issue a Form 1099 to Affiliates whose earnings meet or exceed
the applicable amount warranting the Form 1099. You will be required to
provide us with tax information within two (2) days of any request issued
by Total Hosting to issue a Form 1099.
Ownership and Property Rights: This Agreement shall not operate as a transfer to you
of any rights in or to any of Total Hosting's marks or logos, except for
the limited license expressly granted hereunder. Total Hosting reserves
the right in its sole discretion to terminate or modify permission to use
the Links at any time. You acknowledge that Total Hosting's marks and
logos are and shall remain the exclusive property of Total Hosting or the
applicable third-party owner, and all use by you shall inure solely to the
benefit of Total Hosting or such third-party owner, as applicable. Total
Hosting reserves the right to take action against any use that does not
conform to this Agreement, infringes any Total Hosting intellectual property
or other right, or violates other applicable law.
Term and Termination:
This Agreement shall continue until this terminated by either party. You
will be terminated from the program, by e-mail notice, if (i) you do not
follow the Links Guidelines or otherwise breach this Agreement, (ii) you
attempt to manipulate, falsify or erroneously inflate Referrals. In
addition, your failure to comply with our Terms of Service or Acceptable
Use Policy will be grounds for termination.
Any
outstanding Referral Fees otherwise due to you will be forfeited if this
Agreement is terminated for any reason. Total Hosting reserves the right to
terminate this Agreement and your participation in this Program immediately and
without notice. If any fraud or abuse is detected with respect to any Referral,
or if this Agreement is terminated for any reason, Total Hosting shall not be
liable for any Referral Fees.
No Warranty:
Total Hosting DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED BY
LAW REGARDING THE LINKS, INCLUDING WARRANTIES AGAINST INFRINGEMENT. Total
Hosting WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, TERMINATION OF THIS
AGREEMENT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER IT HAS BEEN
ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Miscellaneous:
Referrals who become customers of Total Hosting through this Program will
be considered customers of Total Hosting. Total Hosting's Terms of
Service, Acceptable Use Policy, Privacy Statement, rules, policies, and
operating procedures will apply to such customers. Total Hosting reserves
the right to change its policies and operating procedures at any time. The
parties hereto are independent contractors acting for their own accounts;
may not bind, act for or represent the other; and have no agency,
partnership or joint venture relationship. This Agreement shall be
governed by and construed in accordance with the laws of The Commonwealth
of Massachusetts without regard to its conflict of laws. All notices and
communications under this Agreement shall be in writing, and the same
shall be given by e-mail (if to Total Hosting, to
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).
This Agreement sets forth the entire understanding of the parties with
respect to the subject matter hereof, and supersedes any prior agreements
and understandings, both written and oral, which may have existed or exist
between the parties with respect to the subject matter hereof. This
Agreement may not be modified by you except by a contract in writing
signed by both you and Total Hosting.
Proper Age:
BY ACCEPTING THIS CONTRACT, YOU CONFIRM YOU ARE AN ADULT OF AT LEAST 18
YEARS OF AGE (19 OR 21 WHERE APPLICABLE).
General:
In the event of any conflict between this document and the Terms of Service and Acceptable
Use Policy, the provisions of the the Terms of Service and Acceptable
Use Policy shall control.
