Affiliate Terms of Service Agreement V2.9.3 - June 26, 2013
Host Excellence's primary objective is to value and support our affiliates wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our affiliates.
In pursuit of our primary objective, Host Excellence agrees to deliver the agreed upon services, as declared in the “Welcome as Affiliate” confirmation,
to our affiliates at the time of signup, subject to the following Affiliate Program Terms of Service (hereafter referred to as TOS).
In addition, the use of Host Excellence's service(s) by an affiliate constitutes an unconditional acceptance of and agreement to Host Excellence's TOS. Host Excellence reserves the right to change or modify the TOS at any time without notice.
I. Parties to this Agreement
"Host Excellence" is a d.b.a. of Ecommerce, Inc., an Ohio corporation with its principal place of business at
1774 Dividend Drive, Columbus, OH 43228. This agreement is entered into by Host Excellence and each of its Affiliate(s). “You”, “Your” refers to each and every affiliate or sub-affiliate of the Host Excellence affiliate program. Participation in the program constitutes full and complete acceptance of the TOS set forth herein.
II. Host Excellence Responsibilities
Upon your acceptance, Host Excellence will provide you with a URL coded to specifically identify you, which will allow you to create a link to the Host Excellence web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links.
Host Excellence agrees to track the customers referred to Host Excellence via the link provided to you for that purpose. Host Excellence utilizes cookies to maintain tracking information for up to one year. Host Excellence will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.
Host Excellence agrees to pay affiliate commissions upon receipt of all payment requirements to the specified destination which are on file in the Affiliates account.
III. Affiliate Responsibilities
You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in the Host Excellence affiliate program does not violate any law, ordinance, regulation or standard.
You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL. You agree that you will notify Host Excellence if your coded URL ceases to function or ceases to function properly.
You agree that you will not make any representations, promises, warranties or other statements about Host Excellence or the Host Excellence web site, products or policies other than as may be expressly approved in writing by Host Excellence or as other wise provided to you by Host Excellence for that purpose.
You may use the coded URL provided by Host Excellence via the available Host Excellence Link Library or in any other form you wish provided that your use of the URL is not in any way disparaging of Host Excellence or otherwise not appropriate or acceptable in Host Excellence's sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of Host Excellence or any other party. You may not violate the Host Excellence General Terms of Service.
You agree that Host Excellence may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the Host Excellence web site on a periodic basis.
F. Customers of Host Excellence
Host Excellence will have the sole right and responsibility to service all customers secured through your coded URL. All dealings with customers for web hosting and related services shall be directly and solely between customer and Host Excellence. Host Excellence shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to affiliate. All customers of Host Excellence, regardless of origin or referral, are the sole property and responsibility of Host Excellence.
You agree to promptly notify Host Excellence of any change in your mailing address.
H. Promotion Restrictions
In addition, you acknowledge and agree you shall not:
- Enter into any arrangement or agreement under which a third party pays you fees or shares in any revenues, royalties or commissions for the customers referred by you.
- Share any revenue generated by your royalties, commissions or otherwise with any referred customer directly or indirectly ("Subsidized Sale"). Any such Subsidized Sale will not be considered a valid sale and will not carry a commission. Determination of whether a sale is considered a Subsidized Sale is in the sole discretion of HE.
Commissions are paid on a one-time basis for each new account purchased via your coded URL subject to the terms and conditions set forth herein. HE reserves the right to determine whether a sale is considered a valid sale, in its sole discretion, according to internal mechanisms and automated systems, and may adjust commissions at the time of payout to ensure only valid sales for new customer accounts carry a commission payment. Determination of whether a sale is considered valid is in the sole discretion of Host Excellence. An account that is purchased either in an affiliate's name (or a name other than the true customer) and/or is discounted without an authorized and dedicated coupon code will not be treated as a new customer account upon which a full commission is paid, but rather such an account will only generate an affiliate commission rate of 20% of the account value. There will be no obligation to pay any other commission. The current commission rate for a first tier affiliate sale is based on the product as well as the billing cycle of the purchased product.
Commissions vary between Fifty Dollars ($50.00) and One Hundred and Fifty Dollars ($150.00).
||Every Billing Cycle
||Fifty Dollars ($50.00)
||12, 24 & 36 Month Billing Cycle
||Ninety Dollars ($90.00)
||3 & 6 Month Billing Cycle
||Fifty Dollars ($50.00)
||36 Month Billing Cycle
||One Hundred and Fifty Dollars ($150.00)
||12 & 24 Month Billing Cycle
||Ninety Dollars ($90.00)
||3 & 6 Month Billing Cycle
||Fifty Dollars ($50.00)
NO COMMISSIONS WILL BE CREDITED FOR DOMAIN REGISTRATIONS. Commissions are paid on new accounts only (current or previous customers of the company are not eligible) and not on any subsequent renewal or subsequent signups of a referred customer. A commission is not finalized until it becomes a Qualified Commission, even after the payment of a commission has been made.
A "qualified commission" is one for which the new account which is the subject of the commission has remained in good standing continuously for at least 180 days from its inception. Host Excellence shall make all decisions as to whether any commission is a "qualified commission." If at any time after a commission has been awarded and/or paid and the related customer's account is terminated or canceled, for any reason, this commission will be revoked and subtracted from any standing or future commissions account balance you may have.
HE reserves the right to pay only for referrals from customers that are Active. An Active customer is defined as a customer who, in the sole discretion of HE, hosts valid content and maintains a website and domain name pointed at HE's nameservers, web and mail servers.
Any affiliate referral that is not specifically identified as such by the affiliate within thirty (30) days from the date of completion of the sale shall not be credited to affiliate's account and you will not be paid for any such referral.
Payments will only be paid once your commissions account balance reaches a minimum level of at least
Four Hundred Dollars ($400)
owed. Host Excellence shall make no payment to you until this minimum balance is achieved.
Commissions will be paid 30 days after a sale meeting the minimum level was completed. Commissions are paid within 7 to 15 business days of the payout month.
Commissions can be paid in any of three available methods. These are by an Host Excellence check (drawn on a United States bank and in US Dollars), bank wire, or through a PayPal account.
Checks are sent to the address you provide at registration. Any changes to this address must be sent via email to email@example.com. Host Excellence is not liable or responsible for any inability or cost associated with accepting or claiming this check.
For payments to be made by bank wire, the following information must be sent to firstname.lastname@example.org: your affiliate username, bank account title, bank name, bank address, the account number, and either an ABA, Swift, or IBAN code.
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 email@example.com.
E. Affiliate Costs Associated with Commission Payout Type
No fees will be associated with checks
No fees will be associated with ACH. ACH is for accounts within the United States
3. WIRE FEES:
The affiliate will be charged $40 if requesting a wire which will be deducted from payout being paid. This is the cost incurred by Host Excellence 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 2.9% of the total amount plus a flat rate of $.30 per payment, this deduction is similar to a credit card processing fee.
*Effective March 1st, 2010
Due to the tax laws though the Internal Revenue Service (IRS), the United States Department of Treasury requires that every individual or corporation who is receiving affiliate commissions must submit a completed and signed W8 or W9 form. Before we can conduct affiliate payouts, we must have the completed and signed form in our possession and made available to IRS. You may download a blank W8 document here, or a blank W9 document here.
The W9 form is for US residents whereas the W8 form is for international affiliates. To avoid any delays in your affiliate payments, please submit the appropriate document, properly filled out and signed, to one of the following resources:
- Facsimile on: (614) 467-3848
- Send a scanned copy through the affiliate helpdesk ticket
If Host Excellence reissues a commission check at an affiliate's request, a $25.00 check cancellation fee will be deducted from the reissued check.
V. Ownership and Licenses
Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
Host Excellence grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the Host Excellence logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and Host Excellence to accomplish the purpose and intent of this affiliate agreement. You may also use the links and images located in the link library prepared specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise alter any such property. This License is neither assignable nor transferable.
You agree to immediately cease the use of any mark upon request made by Host Excellence to the email address provided by you and maintained on file for you by Host Excellence. You agree to immediately cease the use of any link created by you to Host Excellence upon request by Host Excellence to the email address provided by you and maintained on file for you by Host Excellence.
A. Effect upon Commission
Either party may terminate this agreement at any time upon notice in writing to the other party. Other than any termination under paragraph 6.B. herein, any commission which has become a qualified commission as of the date of such termination will be paid post termination. Any commission, which is not a qualified commission as of the date of notice of termination, shall not thereafter become a qualified commission.
B. Breach of this Agreement
The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of Host Excellence termination of this agreement in its entirety.
Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by Host Excellence will become a termination under 6.B. as of the date of the initial suspension.
Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Sections VII shall survive such termination and remain in full force and effect.
Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the parson assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Excellence that you will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
You vow to uphold the laws of your respective jurisdiction and that you will not violate any applicable law, ordinance, regulation or standard. You understand and accept responsibility to file any necessary paperwork or tax forms with the appropriate parties for any and all payments made as a result of this service and the terms and conditions set forth herein.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Excellence that you agree to be bound by all terms and conditions of this document and any applicable terms and conditions set forth in the Host Excellence Terms of Service which are incorporated herein as though set forth at length herein.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Excellence that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the Host Excellence Affiliate Program.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Excellence that you will not transmit any information which is or might be considered to be defamatory or libelous.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Excellence that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Excellence that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the Host Excellence Terms of Service.
I. Damage to Host Excellence
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Excellence that you will not take any action that would in any way damage Host Excellence or otherwise compromise it’s servers or equipment including utilize or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.
You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY HOST EXCELLENCE PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT HOST EXCELLENCE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, HOST EXCELLENCE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL HOST EXCELLENCE BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
L. Limitation of Liability
IN NO INSTANCE SHALL HOST EXCELLENCE BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT HOST EXCELLENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.M. or (iv) either party's liability for death or personal injury or their own acts of fraud.
You agree to indemnify, defend and hold harmless Host Excellence and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney’s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
N. Independant Contractors
Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Florida. Any action to enforce this Agreement shall be dealt with by the appropriate court of competence within Miami-Dade County.
The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by Host Excellence on the Host Excellence web site.
R. Use Constitutes Full Acceptance and Signature
Your agreement to the terms set forth herein is manifested by any participation in the Host Excellence affiliate program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by Host Excellence without notice to any other party other than changing the agreement itself made available by Host Excellence to the affiliates on the Host Excellence web site.
S. Referred Customer Details
Affiliate commissions for Chinese customers will be limited to 20% of the corresponding order value due to the lower than average renewal rates exhibited by these customers and the resulting lower revenue collected from these customers. HE will determine in its sole discretion which customers constitute Chinese customers. There will be no obligation to pay any other commission.