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Affiliate Setup / Log in | FAQ / Agreement | Banners | Enquire
This
Agreement contains the complete terms and conditions that apply to your
participation as a member of the ISP4RENT.net 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 ISP4RENT.net, 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 monies otherwise due you hereunder.
Allowable promotional links may contain ISP4RENT.net'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 ISP4RENT.net.
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 flat rate commission of 20% for all payments received
for hosting sdervices from clients that you introduce and for as
long as they continue to pay and utilize ISP4RENT.net's services.
"Incentivized
commissions", and offering any form of incentive to obtain a sale is
forbidden,
unless prior approval is given and cleared by ISP4RENT.net staff. To
inquire on
whether your incentive is acceptable, please e-mail admin@ISP4RENT.net.
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 ISP4RENT.net from a free hosting service that
you run,
you are not eligible for commissions unless given express permission by
ISP4RENT.net.
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 ISP4RENT.net after any holding period and in accordance
with a
regular payout cycle established by ISP4RENT.net. No commission will be
paid
for signups by you or anyone within your organization. ISP4RENT.net
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 ISP4RENT.net 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, 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 ISP4RENT.net or state
law;
- Provide inaccurate or incomplete information to ISP4RENT.net
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 ISP4RENT.net
You are
free to bid on PPC networks for keywords related to ISP4RENT.net with
the
intent to direct traffic to ISP4RENT.net. However, the following terms
are not
allowed:
- "ISP4RENT.net"
- "www.ISP4RENT.net"
However,
you may bid on a phrase that includes any of the above terms, eg.
"ISP4RENT.net
review", "ISP4RENT.net hosting", etc. When setting up the
display advertisement in a PPC campaign, it is not permitted to use the
display
URL "www.ISP4RENT.net" or "ISP4RENT.net".
The goal
of our guidelines regarding pay-per-click advertisements is to preserve
the
integrity of the ISP4RENT.net brand name and reputation. We do not want
affiliates, or for that matter, any third party, representing
themselves as ISP4RENT.net
or presenting themselves in a way that could be confused with
ISP4RENT.net.
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 commissions
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 at 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 ISP4RENT.net 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
ISP4RENT.net
and ISP4RENT.net 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 ISP4RENT.net
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 ISP4RENT.net, customer and vendor lists
relating to ISP4RENT.net
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 ISP4RENT.net,
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
Australia and the State Tasmania, without reference to rules governing
choice of
laws. ISP4RENT.net 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 cancellation
ratio. ISP4RENT.net 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 ISP4RENT.net affiliate accounts
spanning
multiple affiliate networks are strictly prohibited. If you have an
account with
the ISP4RENT.net in-house affiliate program and also open a
ISP4RENT.net
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 ISP4RENT.net or its
subsidiaries in conjunction with this program. An arbitration firm
selected by ISP4RENT.net 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.
Affiliate Setup / Log in | FAQ / Agreement | Banners | Enquire
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