1. TERMS AND CONDITIONS
IMPORTANT-READ CAREFULLY: THIS AFFILIATE PROGRAM AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND A2 HOSTING, INC FOR PARTICIPATION IN THE A2 HOSTING, INC AFFILIATE PROGRAM AS MANAGED BY A2 HOSTING, INC'S INTERNAL PROGRAM. BY REGISTERING FOR AND PARTICIPATING IN OUR PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SIGNUP FOR OR PARTICIPATE IN THE PROGRAM. IF YOU ARE ALREADY AN A2 HOSTING INC AFFILIATE AND DO NOT AGREE TO THE ENTIRE AFFILIATE AGREEMENT, THEN IMMEDIATELY TERMINATE ALL USES OF A2 HOSTING, INC AFFILIATE MATERIALS AND ANY AFFILIATE LINKS TO THE A2 HOSTING INC'S WEBSITE.
If you are accepted to participate in our affiliate program and your site is thereafter determined (at our sole discretion) to be unsuitable based on the criteria below, we reserve the right to terminate this agreement:
* Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
* Promotion of sexually explicit, pornographic or obscene content (whether in text or graphics)
* Promotion of illegal activities
* Promotion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethnically or otherwise objectionable
* Promotion of content related to liquor, tobacco, firearms, drugs, gambling, crime or death
* Promotion of any unlawful behavior or conduct
* Auto-traffic generators or traffic exchanges
* Any other material deemed inappropriate or offensive by A2 Hosting, Inc.
A2 Hosting, Inc reserves the right to make changes to the affiliate agreement at anytime and solely at our discretion. Continued participation in our affiliate program constitutes your agreement to any and all changes made to this agreement.
Affiliates earn commissions based on the amount of sales they deliver each month:
1-10 sales: $55/sale
11-15 sales: $75/sale
16-20 sales: $100/sale
21+ sales: $125/sale
Sales made before October 1st, 2016 are ineligible for the performance tier bonus.
* All accounts are subject to a 45-day approval period.
* Each new sale must remain in good standing. Commissions will not be credited for sales that have been canceled, terminated, charged back, refunded, or have outstanding balances.
*All sales must originate from the affiliates unique tracking URL. The tracking URL we provide must not be altered. It is unique to each affiliate and any changes could result in inaccurate statistics generated and for commissions not to be credited for a sale. Please test your unique tracking URL each time you use it. A2 Hosting, Inc will not be responsible for, nor give credit for, sales that does not have your unique tracking URL attached to it.
* Affiliate generated sales that do not meet these requirements, will not be eligible for commission credit.
It is our sole discretion whether or not an affiliate sale is legitimate or not. A2 Hosting reserves the right to deny commissions and/or performance tier increases for reasons including, but not limited to, poor quality affiliate traffic, conversions, low sale cost, high rate of cancellations and low renewals. We reserve the right to chargeback or deny commissions for faster or higher than normal cancellation rates. We also reserve the right to adjust commission rates below our base rate for performance reasons.
Commissions are paid when affiliates reach a $100 commission balance. Commission balances that have not yet reached $100 will carry over to the next month until the $100 minimum has been reached. Commissions are processed on the 15th of each month and paid by PayPal. Payments will be made payable to the PayPal account you provided in your affiliate account. All funds are paid in U.S. dollars.
A corresponding W8 or W9 form most be on file with us before payment can be released. The form must be delivered by the 14th of the month to ensure payment on the 15th. We do not accept digitally signed W8 or W9 documents. All forms must be signed with a physical signature. We reserve the right to not accept a W8 or W9 form if we deem it to be incorrect or incomplete.
5. AFFILIATE RESTRICTIONS
The following restrictions apply to all affiliates. If at anytime these restrictions are not adhered to, this agreement will be terminated and any unpaid commissions will no longer be valid. It is our discretion whether these terms were violated.
* Affiliates may not use their affiliate link for self-referring accounts used for their own personal use.
* Cookie stuffing will not be tolerated and result in the termination of the affiliate account.
* Affiliates using traffic exchanges or incentive offers.
* Affiliates cannot earn commissions on their own purchases.
* It is to our discretion whether to allow affiliates into the program based on the content of their website who have "A2", "ATWO" or any variation, misspelling or combination of words in the primary domain name of their site and/or social media websites where an A2 Hosting, Inc affiliate link resides.
* Affiliates may not format pages with affiliate links through to A2Hosting.com with iframes or any other disguising methods
* Affiliates are prohibited in making a representation; either expressed or implied that visitors to your site are visiting the A2 Hosting, Inc site.
* Affiliates are prohibited in using spam or any other unsolicited mass email campaigns.
* Affiliates may not promote A2 Hosting via a browser add on or toolbar.
* Affiliate may not engage in a relationship with ISPs and/or mobile carriers resulting in the delivery or act of address bar keyword and URL trafficking.
* Affiliates are prohibited from promoting A2 Hosting on sites where the primary function or value of the site is to distribute coupon/promotional codes.
* Affiliates may not promote exclusive offers that are negotiated through non affiliate channels.
* Affiliates may not promote to audiences, at our discretion, who are using our service as a trial, get quick schemes, test or only for a short term (which can include, but not limited to a classroom settings or encouraging signups up merely to receive an incentive). Affiliates using these tactics will be removed from the program and forfeit commissions. On a best effort basis, affiliates should deliver long term customers.
* Teachers who run a course or class of any kind are prohibited from taking part in the affiliate program as a means of referring students to A2 Hosting.
* Agencies (web design, web development or any other website service vendor) may signup on behalf of your customer though you must use your client's details during the checkout process and a payment method belonging to the customer (for example, the customer's card). You may not signup on behalf of a customer under your agency's client details nor pay for the invoice on your client's behalf.
You may not use the keywords coupons, discounts or similar terms in your SEO, the title of the page or meta title without advanced permission, even if you have a custom code you are promoting. Whether an affiliate is classified as a coupon affiliate is the the sole discretion of A2 Hosting's affiliate manager. Factors that could cause a site to be classified as a coupon site include coupon offerings especially from many different merchants and a focus on savings or deals rather than on the products and features of a merchant.
Affiliates ARE allowed to keyword bid. The only restrictions are on trademark terms relating to,
and including search terms that have "A2 Hosting". This is in addition to any and all other variations of our trademark including but not limited to, "A2Hosting". Affiliates in violation of of our PPC rules may also be subject to account suspension or termination. Affiliates are required to add the following negative campaign keywords when keyword bidding:
-a2 web hosting
Sales will be voided (and potentially chargedback) when these rules are violated. Other occasions when an affiliate sale will be voided include:
* Canceled before 45 day approval period
* Test transactions (by affiliate or by A2 Hosting)
* Duplicate sales
6. ANTI-SPAM POLICY
We do not and will not tolerate the sending of unsolicited email messages and will prosecute all offenders to the fullest extent of the law. By agreeing to the terms and conditions of this agreement, you also agree to the following.
a) e-mails promoting A2 Hosting, Inc shall not contain or include a falsified sender domain name or falsified IP address;
b) e-mails promoting the A2 Hosting, Inc advertisements shall not be routed or relayed through servers that the sender does not have explicit authorization to use;
c) e-mails promoting the A2 Hosting, Inc advertisements shall not contain or include a false or misleading subject line that attempts to disguise or conceal the content of the e-mail;
d) all e-mails shall contain or include valid and responsive contact information of the sender, list manager or list owner; This includes your physical address.
e) no e-mails promoting A2 Hosting, Inc shall be sent for the purpose of harvesting the e-mail addresses in order to send future unsolicited e-mails;
f) all e-mails promoting A2 Hosting, Inc will be sent to individuals who have given you their Affirmative Consent as defined in Sec. 3.1 of the CAN-SPAM Act of 2003 (viewable at GPOAccess.gov) which by its reference is incorporated into this document.
g) every e-mail promoting A2 Hosting, Inc advertisements shall contain a functioning return electronic mail address or other Internet-based mechanism clearly displayed that a recipient may use to submit in a manner specified in the message a reply electronic mail message or other form of Internet-based communication requesting not to receive future e-mail messages from you
h) you shall process any and all opt-out requests within 5 business days, or less of the request.
i) unless otherwise directed by A2 Hosting, Inc in writing, you shall not use A2 Hosting, Inc, or it's represented advertisers names (including any abbreviation thereof) or any trademark, trade name, service mark, logo or other A2 Hosting, Inc identifying information in the originating or return e-mail address line, header or subject line of any e-mail transmission and that all e-mail transmissions shall contain language in the body and both the "from" line as well as the "re:" line that clearly announces that the offer embedded in the e-mail is being sent by you for the benefit of your users.
j) you agree and affirm to comply with all the rules and regulations set forth in the CAN-SPAM Act of 2003 as well as all obligations and provisions herein.
7. FTC BLOGGING GUIDELINES
We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on A2 Hosting's products and services, as well as relationships between other types of content websites (forums, blogs, microblogs and other Social Media channels) and A2 Hosting must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that when there exists a connection between the endorser and the seller of the advertised product it is imperative that such connection is fully disclosed. FTC deems the relationship in an endorser-sponsor light, and believes that the end user has the right to understand that one exists [http://ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf]. We share the undergirding idea of this approach, and strongly encourage our affiliates to adhere to the FTC's rules. We also reserve the right to terminate relationship with any non-compliant affiliates.
A2 Hosting, Inc does not express or imply any warranties or representations in respect to our affiliate program or an affiliate's potential to earn income from our affiliate program. We make no representation that either our site or that of the affiliate program will be uninterrupted or error-free and we will not be liable for any consequences of interruptions or server down time.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of A2 Hosting's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of a2hosting.com and the good will associated therewith will inure to the sole benefit of a2hosting.com.
9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
10. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL A2HOSTING.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless A2Hosting.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
13.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and A2Hosting.com. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
13.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
13.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan without regard to the conflicts of laws and principles thereof.
13.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
13.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
13.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
13.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.