1.OVERVIEW
This Affiliate Program Agreement ("Agreement") is entered into by and between HostGent, Inc. (“HostGent”) and the signor of this Agreement (“Affiliate”), and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of Affiliate’s participation in HostGent’s Affiliate Program (“Affiliate Program") and is in addition to any other agreement that Affiliate may have entered into with HostGent by virtue of being a customer. In this Agreement “you,” “your” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. The terms “we,” “us” and “our” refer to HostGent, Inc. (“HostGent”). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with HostGent, which is incorporated herein by reference. This Agreement explains our obligations to you, and explains your obligations to us under the Affiliate Program offered by HostGent. HostGent offers several ways to sign up to be an Affiliate, including via your HostGent account panel (“platforms”.) You are only permitted to sign up via one of the available options. The Affiliate Program is purely a referral program by which you can earn commissions as outlined herein. Commissions are earned by you as an independent contractor and, as such, you are responsible for paying any taxes due on such commissions. In addition, you are required to provide any/all accurately completed tax related information and forms that is requested by the platform in which you enrolled. Failure to do so will result in a forfeiture of your commissions.
Changes and Modifications to the Agreement
HostGent, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the HostGent website (this "Site"). You acknowledge and agree that (i) HostGent may or may not notify you of such changes or modifications prior to posting them to this Site and (ii) your continued participation in the Affiliate Program (via any platform) after such changes or modifications have been made (as indicated by the "Last Revised" date on this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, you must formally terminate your Affiliate status. In addition, while not required, HostGent may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current in the Affiliate interface that you have selected. HostGent assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
Suspension or Termination of Affiliate Program Participation
HostGent reserves the right to suspend participation in the Affiliate Program in the event of an unresolved breach of this Agreement or if suspension or cancellation is required by any policy now in effect or later adopted by ICANN. You agree that your failure to comply completely with the terms and conditions of this Agreement and any HostGent rule or policy may be considered to be a material breach of this Agreement and that HostGent may provide you with notice of such breach either in writing or electronically (i.e. email). If you do not provide HostGent with material evidence that you have not breached your obligations within ten (10) business days, HostGent may terminate your participation immediately and take any remedial action available to HostGent under the applicable laws. Such remedial action may be implemented without notice to you. In addition, you acknowledge and agree that HostGent may terminate your participation as an Affiliate if: (a) you or your site violates, as determined by HostGent in its sole and absolute discretion, any of the Affiliate Restrictions outlined in Section 3 and/or any additional restrictions named; (b) for non-payment of fees, if any; and/or (c) if your site is not live, is under construction, or is a personal homepage or another personal site. HostGent reserves the right to suspend the participation of all affiliates or the entire Affiliate Program on a particular affiliate platform at any time for any reason.
2.DESCRIPTION OF THE AFFILIATE PROGRAM
Acceptance into the Affiliate Program is at our sole discretion, which may be withheld for any reason or for no reason at all. How it Works. HostGent’s Affiliate Program allows you to earn commissions on sales to new HostGent customers via advertising on your "web site" or "publishing location" (such as an electronic newsletter or blog) (hereinafter “Your Site”) that contains a link with your affiliate ID. This advertising will allow you to drive traffic (‘sessions”) to HostGent’s web site. You will earn a percentage of the revenue generated, or commission as outlined in your platform agreement, when a person or entity (that is not you or your agent(s)) makes their first-time purchase of certain HostGent products or services (“New Customer”) after being referred to through the unique affiliate link that is contained on Your Site. After being referred to the HostGent web site from a link contained on Your Site, visitors have thirty (30) days to complete their purchase for you to receive a commission. Should the visitor click on another referral link that is not controlled by you, or return to the HostGent web site via another source-coded advertising link during the initial thirty (30) days, your affiliate link will be overwritten and you will not receive a commission for that visitor’s purchase. Enrollment. Enrollment into HostGent’s Affiliate Program can happen via any of the platforms indicated on our Affiliate page on our HostGent website. Affiliates may switch between platforms but may only enroll on one platform at any given time. Commissionable Sales. Affiliate acknowledges and agrees that HostGent will only pay for first-time purchases by new customers. Affiliate will only receive commission for purchases completed after linking through Affiliate’s unique referral link and completing such purchases within 30 days of first visiting the HostGent site. Subsequent purchases made by the same customer (including by accessing HostGent’s web site directly) will not be commissionable. All HostGent products and services will be eligible for a commission except premium domains, domains bought at HostGent Marketplace and apps. Restrictions on Eligible Commissions. You are not eligible for a commission payment on purchases made by you, your employees, agents, representatives, or contractors (all considered your “agents”), as well as purchases made from several accounts owned by the same person. Commission is paid for the first purchase only made by a certain person. HostGent employees (and their immediate family members) are not allowed to participate in the HostGent Affiliate Program.
3.COMMISSION PAYMENTS
• We will pay you the commission in effect on the date of each sale; • Commission rates are as named in the platform in which you enrolled in our Affiliate Program; • Commission will only be paid on any first sale completed by New Customers; • Commissions will be paid only on “valid” orders, which are orders that are not reversed, charged back, unauthorized, fraudulent or from an existing customer; • Commissions will be paid thirty (30) days from end of the month in which the purchase occurred. Example: a valid purchase made on November 13 th will be paid 30 days from the end of November or December 30 th; For external affiliate platforms commission payments are processed within the time frames specified in each platform's terms section. • Commissions will be paid out according to the payment options and minimum requirements set by the platform in which you enrolled; • You acknowledge and agree that, in the case of coupons/sales/discounts/ cashback/loyalty sites, you may be offered a lower commission than the standard rate described above; • You further acknowledge and agree that commissions for orders with promotion coupon codes will be earned only when these coupons are exclusively provided through HostGent Affiliate Program. For clarity, commissions will not be earned for sales using any HostGent coupon code that was not provided through the platform in which you enrolled. We reserve the right to not pay commissions on any purchases made with any other coupon codes and such commissions, if paid, will be reversed.; • You acknowledge and agree that, as an independent contractor, you are responsible for any taxes owed due to commissions paid to you and that you will provide any/all necessary taxable information to the platform in which you enrolled. You also acknowledge and agree that failure to comply with this requirement will result in a forfeiture of your commissions. You acknowledge and agree that no commission is payable if Your Site: • Contains software or uses technology that attempts to intercept, divert or redirect Internet traffic to or from any other web site, or that potentially enables the diversion of affiliate commissions from another web site. This includes toolbars, browser plug-ins, extensions and add-ons; • Sends traffic to HostGent.com, or any other HostGent websites, that is generated by unauthorized traffic channels, e.g. click exchanges, banner exchanges, paid search advertising, etc; and • Replaces DNS errors caused by mistyping the domain name HostGent.com with a page showing the appropriate HostGent banner or affiliate link to our web site. Notwithstanding anything to the contrary in this Agreement, in addition to any and all other rights and remedies to which HostGent is entitled, HostGent specifically reserves the right to: • Terminate the Affiliate Program at any time for any reason; • Terminate your participate in the Affiliate Program at any time for any reason. If your participation is terminated, HostGent will make any commission payments from validly purchases from Your Site which accrue before the termination date. HostGent will not make any commission payments which accrue after the termination date. You acknowledge and agree that the determination as to whether a purchase was "validly generated" from Your Site shall be made in HostGent 's sole and absolute discretion; • Suspend your participation in the Affiliate Program at any time for any reason. If you are suspended, you will not receive any commission payments during your suspension period, whether such commission payments accrued before or during your suspension period. After completion of an internal investigation, if you are allowed to continue to participate in the Affiliate Program, HostGent will make any commission payments from valid purchases from Your Site which accrued before or during your suspension period. You acknowledge and agree that the determination as to whether a purchase was "valid" from Your Site shall be made in HostGent 's sole and absolute discretion. • Require the forfeiture of any previously earned revenue, which has been paid or yet to be paid on any purchases you generated or assisted in generating during any times when you are in violation of this Agreement. • Deactivate any and all accounts and domains that HostGent believes, in its sole and absolute discretion, to be violating the terms and conditions of this Agreement. In sum, HostGent will track all commissions earned and may, at its sole discretion, decide not to pay any commission to you should we believe that any referral has been made in violation of its guidelines, due to visitor/customer fraud, or due to visitor/customer contract cancellation. It is your sole and absolute duty to precisely follow this Agreement and its guidelines, at all times. HostGent is under no obligation whatsoever to pay any commission to any affiliate who does not strictly follow this Agreement and its guidelines, as modified from time to time.
4.YOUR RESPONSIBILITY
As an affiliate, we provide you with the links and banners necessary to promote Hostgent products and services, which you may display in any area of Your Site as you wish. The links will identify Your Site as a member of our Affiliate Program and will establish a link from Your Site to ours. You acknowledge and agree it is your sole responsibility to indicate your correct unique affiliate ID in the promo materials you use on Your Site. You may promote the products and services that Hostgent offers in any manner you choose unless it misleads visitors about Hostgent services. You also understand and agree that participation in the Affiliate Program requires ongoing activity. Should you no longer wish to participate in the Affiliate Program, you may withdraw by following the guidelines set by the platform in which you enrolled. If you are an Affiliate directly with Hostgent, you may withdraw by submitting a Notice of Withdrawal via your Hostgent account panel. Your email to us must indicate that you will cease use of our advertising tools and remove them from Your Site. Upon receipt of your email, we will confirm removal of our tools from Your Site. Once confirmed, we will ensure that you receive final payment for any valid purchases that are pending commission payment. Affiliates that are inactive for six (6) months and who have not withdrawn from the program (“Inactive Affiliates”) may, at Hostgent’s sole discretion, be considered effectively withdrawn from the program.
5.OUR RESPONSIBILITY
HostGent is responsible for processing the order, cancellations, returns and other related customer service for HostGent products and services. However, HostGent will not be responsible for lost sales due to technical difficulties preventing HostGent from registering a domain name or providing any other product or service to the visitor. HostGent is also responsible for tracking and validating affiliate sales and commissions and providing this information to the chosen affiliate platform in order to facilitate payments. HostGent does not, however, control the payment processing of commission payments to you by the platform which you selected. HostGent will pay out on commissions for valid sales. Valid sales are sales whereby the customer pays the full, expected price and such sales are not cancelled, reversed, returned or discounted/voided in any way. Where payment happens through a third party platform, HostGent is responsible for payment to the platform you selected and the platform is specifically responsible for payment to you.
6.INVOICING
7. INVOICINGWe will provide you with the Commission statement due in your Affiliate Area at the start of a new month. Payout requests for the previous payable period should be submitted via specified email until the end of the previous month. For example: the request for July 2021 should be sent by the end of August 2021. Payouts will be released by the 20th of the running month. If the request will be submitted after the end of the previous month - the payout will be transferred to the next payments round. You should make at least 1-3 conversions in order to request the payout. The minimum payout amount for Wire Transfer withdrawal is $100. Please keep in mind that Wire Transfer payments usually take 3-5 workdays to be completed. Due to this reason, the commission payouts can be released later than the 20th of each month.
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