1. General Conditions.
a) You must be either a person or a corporation, partnership, Limited Liability Company or other formal legal entity existing under the laws of your local jurisdiction to enter into this Agreement. If you are an individual, you must be over the age of 18 by the date that you agree to the terms and conditions stated herein.
b) FIFHOST Affiliate Agreement (“Agreement”) is entered into by and between FIFHOST ("FIFHOST") and you, and is made effective as of the date of your use of this Website ("Site") and / or the date of electronic acceptance.
c) The terms “we”, “us” or “our” shall refer to FIFHOST. The terms “You”, “Your”, “User” or “Customer and Client” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. The terms ("Services") shall refer to any of the products and services purchased or accessed through this Site.
e) Upon your acceptance, FIFHOST will provide you with a URL coded to specifically identify you, which will allow you to create a link to the FIFHOST website. You may post this link in any location, as many times as you like. FIFHOST agrees to track the customers referred to FIFHOST via the link provided to you for that purpose. FIFHOST utilizes cookies to maintain tracking information for up to 30 days. FIFHOST will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the Terms and Conditions set forth in this Affiliate Agreement.
2. You understand and agree to the following Terms and Conditions:
a) that you will not earn a commission on the purchase of your own personal hosting accounts.
b) You will not incorporate or use our trademarked brand name in your URL. Any affiliates using a domain with our trademarked name included will be subject to suspension and all commissions will be forfeited.
c) Affiliates cannot use our URL as the display URL of any advertisements.
d) You will not place advertiser paid links on a website without authorization. Any Affiliate found to be placing Advertiser paid links on an unauthorized website will be automatically shut down and all earnings shall be immediately forfeited.
e) Any sales generated in conjunction with special discounts or coupons are not commissionable
f) You must use a username/password combination to access your account and it is your responsibility to keep this information confidential. You may change this information inside the FIFHOST affiliate area if necessary. You are solely responsible for any and all use of your FIFHOST account, including authorization granted by you to any other person or entity who may use your account. FIFHOST reserves the right to terminate any member at any time without prior notice to you and/or pursue any legal action in the case of any fraud, system abuse or any type of activity deemed to be inappropriate, in violation of this Agreement, or illegal by FIFHOST.
g) Sales that are completed via the FIFHOST telephone order process are not commissionable for the purposes of the FIFHOST Affiliate Program.
h) Commission is not paid for: Website Transfer, Shared Hosting and VPS Plans for less than 6 month period, Renewal of services, Domain Registrations.
i) You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
j) Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
a) Referral Payment Date (RPD): The Day a referral makes a payment.
b) Approved Commission Date (ACD): The 31 Day after the referral Payment Date.
c) Approved Commission Balance: All commissions from one Balance Date to next Balance Date.
d) Commission Balance Date (CBD): The first Business Day of the month.
e) Commission Payout Dates (CPD): Up 15 Business Dates from Balance Date.
f) Minimum Commission Payout: 100 USD
|7.01.2015||8.02.2015||2.03.2015||Up to 15 Business Days from 2.03.2015|
g) Commission Rates.
The affiliate commission rate is set to be 5 % of the products price.
a) Payments will only be paid once your commissions account balance reaches a minimum level of at least One hundred (100) USD owed. FIFHOST shall make no payment to you until this minimum balance is achieved. Commissions will be paid within 7 to 15 business days from the current Commission Balance Date.
b) For payments to be made by bank wire, the following information must be sent to email@example.com : your affiliate username, bank account title, bank name, bank address, the account number, and either an ABA, Swift, or IBAN code.
c) For payments to be made through PayPal, you must provide us with your affiliate username and your PayPal ID. As with the information necessary for wire transfers, this information should be sent to firstname.lastname@example.org
d) The affiliate will be charged 20 USD if requesting a wire which will be deducted from payout being paid. This is the cost incurred by FIFHOST from its partner banks and will be deducted from the Affiliates commission. Please be aware your international intermediary bank may also deduct a fee that is on a per bank basis.
Using Paypal, the affiliate will get a deduction of Y% of the total amount plus a flat rate of Y amount per payment up to the current PayPal Payment Terms and Conditions.
5. DISCLAIMER OF WARRANTIES. LIMITATION OF LIABILITY
THE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FIFHOST DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL FIFHOST BE LIABLE TO AFFILIATE ON ACCOUNT OF AFFILIATE'S PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, INABILITY TO PARTICIPATE IN THE PROGRAM, OR FOR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF FIFHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, FROM INABILITY TO PARTICIPATE IN THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FIFHOST NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Either party may terminate this Agreement at any time upon notice in writing to the other party. Any commission which has become an Approved Commission as of the date of such termination will be paid post termination.
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