Affiliate Program Terms and Conditions

Eligibility and Affiliate Program Signup

• Anyone can apply and join our affiliate program. Referrer acknowledges that they have read and agree to be bound by this Agreement. Referrer acknowledges that their referred sites can also join this Affiliate Program via their account Control Panel.

• To sign up to be an Affiliate and to use the Services as an Affiliate Partner you must be at least 18 years of age. You warrant that the information you provide to us upon registration is complete, valid and honest, including your Social Security number. Your account may not be transferred or sold to another party.

• Webhostforasp.net's directors, employees, employee's spouse, direct family members and relatives are prohibited to sign up as Affiliate Partner.

Affiliate Program Enrollment

• WebhostforASP.NET must approve the Customer's application to join the Affiliate Program.

• WebhostforASP.NET reserves the right to refuse participation in the Affiliate Program to anyone.

• When WebhostforASP.NET customers join the Affiliate Program, they will be issued a unique Affiliate ID.

• After joining the Affiliate Program, the Referrer will have access to a Affiliate Manager Control Panel for Affiliate Program management.

Affiliate Process

• Referrer can refer prospects via hypertext links with a specially formatted URL (Affiliate Link).

• Referrer can refer prospects via word of mouth. The referred customer can input the unique Affiliate ID into the WebhostforASP.NET order form.

Affiliates

• Referrer will be credited for referring a hosting account sale, only if the Referred Site customer completes the WebhostforASP.NET order form for the base hosting plan and enters the Referrer's unique ID or orders hosting via the Affiliate Link and the WebhostforASP.NET hosting automation system records the unique Affiliate ID (e.g., the Referred Site customer must have cookies enabled so that the cookie information is properly read by the WebhostforASP.NET order form system).

• Referred site must provide complete, accurate, and current Billing and Admin contact information.

• Referrer will not receive credit for a hosting account sale that uses a Promotion Code.

• Referrer will not receive credit for a hosting account sale of a Referred Site which was previously hosted at WebhostforASP.NET. Referrer will not receive credit for the same referred hosting account twice.

• Referrer will not receive credit for a hosting account sale of a Referred Site which was previously terminated by WebhostforASP.NET for non-payment, chargeback, or policy violation.

• All Affiliates are subject to credit approval, availability, and other WebhostforASP.NET Terms and Conditions.

• No Affiliate credits can be claimed for any hosting sale whose initial signup date occurred before the Referrer joined the Affiliate Program.

Compensation for Affiliates

Referrer will receive a credit for each qualified Referred Site as follows:

• Referred sites must be in good standing for more than 60 days to qualify and count toward Affiliate credits.

• For each qualified referred site, based on the date of the referred site signup, the Referrer will receive credit as outlined in Affiliate Payments, and valid credit will be available for future payment to the Referrer, when the minimum payout threshold is reached and the Referrer requests payment.

• Referrer acknowledges that their Affiliate account will be reviewed by WebhostforASP.NET staff prior to any payout.

• You may NOT receive credit for referring yourself to WebhostforASP.NET.

Affiliate Payments

• Affiliate credits will be available for payout only after the total aggregate amount exceeds a threshold as defined in below.

• Payments will be made to Referrer via PAYPAL PAYMENT ONLY. No other forms of payments will be made.

• Payments will be in US Funds ONLY.

• Referrer must proactively request PayPal payment via the Control Panel.

• Referrer will bear all taxes, duties, levies, and other similar charges and any related interest and penalties, however designated or imposed on them as a result of participation in this Agreement, including income, sales, or use tax on profits which may be levied against the Affiliate.

• Payments are processed on the 1st and 15th of every month and must pass account review by WebhostforASP.NET staff.

• Affiliate credits will reflect the Affiliate Commission based on the date when the Referred Site was signed up.

Reports of Sales

Referrer can view their referred sales, Affiliate credit, and payment status in their Affiliate Manager ControlPanel.

Obligations Regarding Referrer's Web Site

• The Referrer is solely responsible for the development, design, programming, operation, and maintenance of their website content, which includes the posting of descriptions, reviews, references, feature list of WebhostforASP.NET hosting services.

• The Referrer is solely responsible for the accuracy of any content as it relates to WebhostforASP.NET hosting services and their participation in the Affiliate Program.

• The Referrer acknowledges WebhostforASP.NET rights to monitor the Referrer's website from time to time or at any time to determine if Referrer is in compliance with WebhostforASP.NET Terms and Conditions and this Affiliate Program.

• If WebhostforASP.NET determines that Referrer is not in compliance with WebhostforASP.NET Terms and Conditions or Affiliate Program terms, then WebhostforASP.NET may terminate this Agreement at WebhostforASP.NET's sole discretion and includes termination of any rights to pending or future commissions.

Referrer Responsibilities

• Referrer will conduct themselves in a professional manner and will maintain a reputation for fair dealing and exemplary service among its clients and Internet users. Referrer will not make any statement, or take any action, that could reasonably be expected to reflect poorly on WebhostforASP.NET or on the reputation of WebhostforASP.NET or its products and services.

• Referrer will ensure its personnel who are responsible for Referrer's activities under this Agreement to remain well-informed concerning WebhostforASP.NET's products and services. Referrer will review WebhostforASP.NET's website occasionally to ensure that they are reasonably familiar with WebhostforASP.NET's product offerings, promotions, and service terms and conditions.

• Participants caught violating or attempting to circumvent these rules will have all affiliate credit voided and will not receive any payouts. In addition, they will be banned from further and future participation in our affiliate program and may have their Webhostforasp.net service terminated.

Emails, Publicity and Marketing

• Referrer agrees to not create, publish, transmit, distribute, under any circumstances, any bulk electronic mail messages that would be considered as SPAM.

• Referrer agrees not to SPAM blogs, online forums, or newsgroups. c. Failure of Referrer to abide by this NO SPAM policy, will be deemed a material breach of this Agreement and will terminate any and all rights and claims to any commissions.

• Any marketing materials or print advertising cannot be used without first submitting a sample to WebhostforASP.NET and obtaining written approval.

• Referrer agrees to conduct themselves in a professional manner when posting to online forums, blogs, or any other public internet postings which contain links to the WebhostforASP.NET Affiliate Program.

Licenses and Use of WebhostforASP.NET Logos and Trademarks

• WebhostforASP.NET grants Referrer with a non-exclusive, non-transferable, revocable right to access WebhostforASP.NET website through the links in accordance with the terms of this Agreement and solely in connection with this Agreement.

• WebhostforASP.NET's trademarks, trade names service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of WebhostforASP.NET. Except as otherwise provided in the Agreement, Referrer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of WebhostforASP.NET.

• Any feedback, data, answers, questions, comments, suggestions, forum posts, ideas or the like which Referrer sends to WebhostforASP.NET relating to the WebhostforASP.NET Services or this Agreement will be treated as being non-confidential and non-proprietary. WebhostforASP.NET may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Term of Agreement

• The term of the Agreement will begin upon WebhostforASP.NET's acceptance of the Referrer's active status.

• Referrer's active status will end when terminated by either party. Both parties can terminate this Agreement at any time, with or without cause, by giving the other party a written notice of termination.

• If an Referrer cancels their hosting account, then this Agreement will also be terminated.

• If Referrer's account is cancelled due to policy violation, non-payment, or chargeback, then any commissions on referred sites occurring during the term, and commissions earned through the date of termination, will not be payable.

• Commissions on referred sites occurring during the term, and commissions earned through the date of termination, that are pending but not paid out will no longer be available for payout, if the account is terminated for any reason. Referrer is responsible for making sure they have requested payment for all pending commissions prior to terminating their account.

• If Agreement is terminated prior to a referred site meeting the 30 active day standing, then the commissions associated with these accounts will not be payable.

• WebhostforASP.NET may at its sole discretion withhold final payment for a reasonable time to ensure that no overpayment is made.

Disclaimer of Warranty

Referrer agrees to use all Services and any information obtained through or from WebhostforASP.NET, at Referrer's own risk. Referrer acknowledges and agrees that WebhostforASP.NET exercises no control over, and accepts no responsibility for, the content of the information passing through WebhostforASP.NET's host computers, network, or the Internet. THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF WebhostforASP.NET, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("WebhostforASP.NET PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WebhostforASP.NET PROVIDES. NO WebhostforASP.NET PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WebhostforASP.NET IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM AFFILIATE OR STORED BY AFFILIATE OR ANY OF AFFILIATE'S USERS VIA THE SERVICES PROVIDED BY WebhostforASP.NET. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY WebhostforASP.NET PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

The terms of this section shall survive any termination of this Agreement.

Referrer Representations and Warranties Referrer hereby represents and warrants to WebhostforASP.NET, and agrees that.

• Referrer will comply with all applicable laws, rules, regulations, and Internet etiquette in the conduct of its business.

• Referrer will not make any representations concerning the Services except those that have been approved or published by WebhostforASP.NET.

• Referrer will not distribute any documents or materials describing the Services except those that have been approved or published by WebhostforASP.NET.

Limitation of Liability

• Referrer agrees that no WebhostforASP.NET Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to WebhostforASP.NET at the time) which may exist in the Services or WebhostforASP.NET's equipment used to provide the Services.

• Under no circumstances, including negligence, shall any WebhostforASP.NET Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if WebhostforASP.NET has been advised of the possibility of such damages.

• No WebhostforASP.NET Person shall be liable to Referrer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to WebhostforASP.NET's records, programs, equipment, or services.

• IN NO EVENT WILL WebhostforASP.NET'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE ACTUAL AFFILIATE FEES PAID OUT DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

• WebhostforASP.NET CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WebhostforASP.NET WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

• Referrer understands, acknowledges and agrees that if WebhostforASP.NET takes any corrective action under this Agreement because of an action of Referrer or its website users, and Referrer agrees that WebhostforASP.NET shall have no liability to Referrer due to such corrective action by WebhostforASP.NET.

The terms of this section shall survive any termination of this Agreement.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Indemnification

Referrer agrees to indemnify, defend and hold harmless WebhostforASP.NET and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents ("Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, and expenses (including attorney fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) Referrer's use of the Services, (ii) Referrer's participation in Affiliate Program, (iii) any violation by Referrer of the Service Usage Policy, or Hosting Terms and Conditions, (iv) any breach of any representation, warranty, or covenant of Referrer contained in this Agreement, or (v) any acts or omissions of Referrer.

The terms of this section shall survive any termination of this Agreement.

Governing Law, Jurisdiction, and Arbitration

This Agreement shall be governed in all respects by California law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in California. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules ("AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California, or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees.

The terms of this section shall survive any termination of this Agreement.