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Below is
our Affiliate TOS. Please read it Carefully:
This Agreement
contains the complete terms and conditions that apply to your
participation as a member of the CheapestUnlimitedHosting.com
Affiliate Program.
1. Enrollment
in this Program.
To begin the
enrollment process, you will submit a completed Program
Application through our website. Your account will be
instantly active in our program. We will evaluate your account
in good faith to ensure you comply with all our rules and
agreements. We may reject your account if we determine that
your site is unsuitable for the Program for any reason,
including, but not limited to, if your site incorporates
images or content that is unlawful, defamatory, obscene,
harassing or otherwise objectionable, such as sites that
facilitate illegal activity or promote violence or promote or
assist others in promoting copyright infringement
(collectively, "Content Restrictions").
2. Utilizing
Links on Your Site.
As an
affiliate website of CU Hosting Solutions, you may use any
form of promotion you choose, consistent with the terms of
this Agreement. You may use banner advertisements, button
links and/or text links to our site (the "Links"), however,
you CANNOT SPAM. Any activity by you or on your behalf that we
determine or reasonably suspect to be the result of an
unsolicited bulk e-mail program will result in your immediate
termination from the Program and your forfeiting of earned
cash otherwise due you hereunder. Allowable promotional links
may contain CU Hosting Solution’s trade names, service marks,
and/or logos for display on your Affiliate Site. Subject to
the terms and conditions hereof, you are granted a limited,
non-exclusive, non-transferable license to access and download
such Links and other designated promotional materials for
placement on your Affiliate Site for the sole and exclusive
purpose of promoting websites owned, operated or controlled by
CU Hosting Solutions. In utilizing the Links, you agree that
you will cooperate fully with us in order to establish and
maintain such Link or Links. A Link may only be visually
modified with our consent.
3.
Commissions.
We will pay
you a commission based on the below structure:
Commission
Rates:
Basic
Plans $2/Signup
Bronze
Plans $3/Signup
Silver
Plans $4/Signup
Gold
Plans $7/Signup
Top
Plans $10/Signup
Platinum
Plans $12/Signup
Example: If
you send us 20 Platinum (Onshore/Offshore|Web Hosting/Reseller
Hosting) sign-ups in any month you will get $12x20 = $240
Incentivized
commissions, and offering any form of incentive to obtain a
sale is forbidden, unless prior approval is given and cleared
by CU Hosting Solution Staff. To inquire on whether your
incentive is acceptable, please e-mail affiliates@cheapestunlimitedhosting.com
The Commission
Rate is subject to change from time to time, upon e-mail
notice to you and commencing the 30-days following such
notice.
If you are
referring clients to CU Hosting Solution from a free hosting
service that you run, you are not eligible for commissions
unless given express permission by CU Hosting Solution. You
must contact our affiliate department for review and a special
commission rate.
4. Commission
Payment.
Commissions
deemed due and owed to you under the program will be paid to
you directly by cheapestunlimitedhosting.com after any holding
period and in accordance with a regular payout cycle
established by cheapestunlimitedhosting.com. No commission
will be paid for signups by you or anyone within your
organization. CU Hosting Solution reserves the right to only
pay for referrals that are active. Active is defined by
clients with a website and domain name pointed to a CU Hosting
Solution server with user uploaded content. Commissions can be
earned per each new client referred through the unique
affiliate link.
5.
Responsibility for Your Site.
You will be
solely responsible for the development, operation and
maintenance of your site and for all materials that appear on
your site. We shall have no responsibility for the
development, operation and maintenance of your site and for
all materials that appear on your site. You shall also be
responsible for ensuring that materials posted on your site do
not violate or infringe upon any laws, including but not
limited to 18 U.S.C. Section 2257, or the rights of any third
party (including, for example, copyrights, trademarks,
privacy, or other personal or proprietary rights), and
ensuring that materials posted on your site are not libelous
or otherwise illegal. You must have express permission to use
another party's copyrighted or other proprietary material. We
will not be responsible if you use another party's copyrighted
or other proprietary material in violation of the law. In
addition to the foregoing, we will immediately terminate your
participation in the Program if we believe you have engaged in
any of the following:
- Unsolicited
mass e-mail solicitations, IRC postings or any other form of
spamming, including but not limited to, newsgroups or AOL
customers or otherwise violate the anti-spamming policies of
CU Hosting Solution or state law;
- Provide
inaccurate or incomplete information to CU Hosting Solution
concerning your identity, address or other required
information;
- Attempt to
cheat, defraud or mislead us in any way;
- Misrepresent
to the public the terms and conditions of our sites or your
sites;
- Engage in
popup advertisement network activities;
- IFrames may
only be used on pages or sites in which the other content
represented on the site is related to CU Hosting Solution
You are free
to bid on PPC networks for keywords related to CU Hosting
Solution with the intent to direct traffic to CU Hosting
Solution. However, the following terms are not allowed:
"cheapestunlimitedhosting"
"cheapestunlimitedhosting.com"
"www.cheapestunlimitedhosting.com"
"cheapest
unlimited hosting "
However, you
may bid on a phrase that includes any of the above terms, eg.
" cheapestunlimitedhosting review", "
cheapestunlimitedhosting.com hosting", etc.
The goal of
our guidelines regarding pay-per-click advertisements is to
preserve the integrity of the CU Hosting Solutions brand name
and reputation. We do not want affiliates, or for that matter,
any third party, representing themselves as CU Hosting
Solutions or presenting themselves in a way that could be
confused with CU Hosting Solutions.
6. Term of the
Agreements.
The term of
this Agreement will begin upon our acceptance of your
Affiliate Program Application and will end when terminated by
either party. Either you or we may terminate this Agreement at
any time, with or without cause, by giving the other party
notice of termination. Notice by e-mail, to your e-mail
address on our records, is considered sufficient notice for to
terminate this Agreement. If this Agreement is terminated
because you have violated the terms of this Agreement you are
not eligible to receive any commission payments, even for
commissions earned prior to the date of termination. If this
Agreement is terminated for any other reason, you are only
eligible to earn a commission on sales occurring during the
term of the Agreement, and commissions earned through the date
of termination will remain payable only if the related orders
are not canceled or returned. We reserve the right to withhold
your final payment for a reasonable time to ensure that the
correct amount is paid.
7.
Modification.
We may modify
any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion. Notice of any change
by e-mail, to your address on our records, or the posting on
our site of a change notice of a new agreement, is considered
sufficient notice for notifying you of a modification to the
terms and conditions of this Agreement. Modifications may
include, but are not limited to, changes in the scope of
available commission fees, commission schedules, payment
procedures, and Affiliate Program rules. All such
modifications shall take effect 48 hours after we serve notice
as provided above, unless we indicate otherwise. If any
modification is unacceptable to you, your only recourse is to
terminate this Agreement. Your continued participation in the
Affiliate Program, following our posting of a change notice or
new agreement on our site, will constitute binding acceptance
of the change.
8.
Relationship of Parties.
You and CU
Hosting Solutions are independent contractors, and nothing in
this Agreement will create any partnership, joint venture,
agency franchise, sales representative, or employment
relationship between the parties. You will have no authority
to make or accept any offers or representations on our behalf.
You will not make any statement, whether on your site or
otherwise, that reasonably would contradict anything in this
Section. You are not an agent of the CU Hosting Solutions and
CU Hosting Solutions expressly disclaims responsibility for
any conduct by you in violation of our terms of agreement.
9. Limitation
of Liability
We will not be
liable for indirect, special, or consequential damages, or any
loss of revenue, profits, or data, arising in connection with
this Agreement or the Affiliate Program, even if we have been
advised of the possibility of such damages. Further, our
aggregate liability arising with respect to this Agreement and
the Affiliate Program will not exceed the total commissions
paid or payable to you under this Agreement.
10.
Disclaimers.
We make no
express or implied warranties or representations with respect
to the Affiliate Program or any COMPANY services or other
items sold through the Program (including, without limitation,
warranties of fitness, merchantability, non-infringement, or
any implied warranties arising out of a course of performance,
dealing, or trade usage). In addition, we make no
representation that the operation of our site will be
uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
11.
Representations and Warranties.
You hereby
represent and warrant to us that this Agreement has been duly
and validly executed and delivered by you and constitutes your
legal, valid and binding obligation, enforceable against you
in accordance with its terms; and that the execution, delivery
and performance by you of this Agreement are within your legal
capacity and power; have been duly authorized by all requisite
action on your part; require the approval or consent of no
other persons; and neither violate nor constitute a default
under the (i) provision of any law, rule, regulation, order,
judgment or decree to which you are subject or which is
binding upon you, or (ii) the terms of any other agreement,
document or instrument applicable to you or binding upon you.
Should any law enforcement agency or internet service provider
provide CU Hosting Solutions with notice that you have engaged
in transmission of unsolicited bulk e-mails or have otherwise
engaged in unlawful conduct or conduct in violation of said
service provider's terms of service, we reserve the right to
cooperate in any investigation relating to your activities
including disclosure of your account information in connection
therewith.
12.
Confidentiality.
We may
disclose to you certain information as a result of your
participation as part of the Program, which information we
consider to be confidential (herein referred to as
"Confidential Information"). For purpose of this Agreement,
the term "Confidential Information" shall include, but not be
limited to, any modifications to the terms and provisions of
this Affiliate Program Agreement made specifically for your
site and not generally available to other members of the
Affiliate Program, website, business and financial information
relating to CU Hosting Solutions, customer and vendor lists
relating to CU Hosting Solutions and any members of the
Affiliate Program, other than you. Confidential Information
shall also include any information that we designate as
confidential during the term of this Agreement. You agree not
to disclose any Confidential Information and that such
Confidential Information shall also include any information
that we designate as confidential during the term of this
Agreement. You agree not to disclose any Confidential
Information and that such Confidential Information shall
remain strictly confidential and secret and shall not be
utilized, directly or indirectly, by you for your own business
purposes or for any other purpose except and solely to the
extent that any such information is generally known or
available to the public or if same is required by law or legal
process. We make no warranty, expressed or implied, with
respect to any information delivered hereunder, including
implied warranties of merchantability, fitness for a
particular purpose or freedom from patent, trademark or
copyright infringements, whether arising by law, custom or
conduct, or as to the accuracy or completeness of the
information and we shall not have any liability to you or to
any other person resulting from your or such third person's
use of the information.
13.
Indemnification.
You hereby
agree to indemnify, defend and hold harmless CU Hosting
Solutions, officers, directors, employees, agents, affiliates,
successors and assigns, from and against any and all claims,
losses, liabilities, damages or expense (including attorneys'
fees and costs) of any nature whatsoever incurred or suffered
by us (collectively the "Losses"), in so far as such Losses
(or actions in respect thereof) arise out of or are based on (i)
any claim or threatened claim that our use of the Affiliate
Trademarks infringes on the rights of any third party; (ii)
the breach of any promise, covenant, representation or
warranty made by you herein; or (iii) or any claim related to
your site.
14.
Miscellaneous.
Terminated
accounts cannot later apply to the Program without our express
written consent. This Agreement will be governed by the laws
of the United States and the State of Florida, without
reference to rules governing choice of laws. CU Hosting
Solutions reserves the right to institute a reserve fund
holding commissions for a time period deemed necessary in
situations where sales generated by an affiliate consistently
have a high chargeback/cancellation ratio. CU Hosting
Solutions will be the sole and final arbitrator for any and
all disputes or claims related to the validity of sales. In
order to facilitate accurate record-keeping, multiple CU
Hosting Solutions affiliate accounts spanning multiple
affiliate networks are strictly prohibited. If you have an
account with the CheapestUnlimitedHosting.com in-house
affiliate program and also open a CU Hosting Solutions
affiliate account with another network such as Commission
Junction, both affiliate accounts will be terminated and all
commissions will be forfeited. You may not assign this
Agreement, by operation of law or otherwise, without our prior
written consent. Subject to that restriction, this Agreement
will be binding on, inure to the benefit of, and enforceable
against the parties and their respective successors and
assigns. Our failure to enforce your strict performance of any
provision of this Agreement will not constitute a waiver of
our right to subsequently enforce such provision or any other
provision of this Agreement.
15. Binding
Arbitration.
By
participating in this affiliate program, you agree to binding
arbitration for any disputes or claims that arise against
CheapestUnlimitedHosting.com LLC or its subsidiaries in
conjunction with this program. An arbitration firm selected by
CheapestUnlimitedHosting.com LLC will be the sole and final
arbitrator for any and all disputes or claims related or
resulting from participation in this program. All decisions
rendered are final. You also are responsible for any and all
costs related to such arbitration.
We are always there with you and if you have any question then
feel free to
Contact Us any time.
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