Affiliate Terms of Service
Affiliate Terms of Service
This Agreement contains the complete terms and conditions that apply to your participation as a member of the PacificHost Affiliate Program. This agreement is made between you and Add2Net, Inc. [hereafter referred to as "PacificHost"].
- Enrollment in this Program
- Utilizing Links on Your Site
- Commission Payment
- Responsibility for Your Site
- Term of the Agreement
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").
Our current affiliate structure will give you a recurring 20% commission on the sale of applicable hosting products ordered from new customers.
This means that 20% of every payment we receive for the hosting service, we will add to your affiliate account balance. In the event that the customer cancels or does not pay his invoice, the commission will not be added to your affiliate balance. The recurring payment of 20% will be automatically applied to your affiliate account balance once we receive the payment from the customer.
Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden, unless prior written approval is given and cleared by PacificHost Staff. To inquire on whether your incentive is acceptable, please e-mail affiliates [@] pacifichost.com [dot] com
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 PacificHost from a free hosting service that you run, you are not eligible for commissions unless given express written permission by PacificHost. You must contact the PacificHost Affiliate Department for review and a special commission rate.
If you have a special commission rate that was agreed to in writing by the PacificHost Affiliate Department, you will receive the commission rate that was agreed upon for the applicable hosting products as defined in Section 4 below.
4. Commission Payment
Commissions deemed due and owed to you under the program will be paid to you directly by PacificHost after any holding period and in accordance with a regular payout cycle established by PacificHost. No commission will be paid for signups by you, your household, or anyone within your organization. PacificHost 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 PacificHost server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link. An existing customer, defined by any client who has had an existing account with us at anytime in the past, would not be eligible for a commission with the program.
Commissions will not be paid for Addons, Domain Registration/Transfers, Administrative Fees, Additional Hosting Products Purchased by the Customer. This means that even if the customer pays for additional services beyond the applicable hosting product on a recurring basis, you will only be paid for the initial hosting product that the customer pays for. (For Example, if the customer pays us $10/month for hosting and $5/month for an addon for a total recurring price of $15/month. You will only receive $2.50/month as a commission since that is 20% of the $10 hosting product.) If the customer upgrades or downgrades the hosting product that you are receiving a recurring commission for, you will subsequently receive 20% of the new recurring amount that customer pays for on their next invoice.
Commissions will be paid to affiliates based on successful referrals. A successful referral, or sale, is defined as: a non-fraudulent, active for a period of sixty (60) days, not cancelled web hosting client who has paid for services in full and has been referred to us through your affiliate tracking link. Additionally, commission may not be paid for a Referred Customer that has transferred from any of our partners or subsidiaries. Affiliates are NOT permitted to offer any coupon codes unless PacificHost has given expressed written permission to use the coupon code, or the coupon code was generated by the Affiliate inside their PacificHost Affiliate Panel. We reserve the right to decline commissions for any sales in which the referral used a different coupon code as defined by the terms above.
Commission may not be paid for a Referred Customer that has transferred from any of our partners or subsidiaries.
Furthermore, Affiliates are not permitted to provide refunds or credits to their customers and PacificHost will not pay commission if the Referred Customer has joined a business-opportunity program that is managed or participated in by the Affiliate.
There is a $250 (one signup) minimum threshold for Commission payments. Once you reach this Affiliate Balance, you will be given the option to request a withdraw from inside your Affiliate Panel. We will then contact you and ask whether you would like to be paid via Check or PayPal and ask for your subsequent information to complete the payment. If you do not request a withdraw, the affiliate balance will remain in your Affiliate account until you do so. Once you request a withdraw, we will contact the primary email address of your PacificHost Affiliate account and if we do not hear from you, subsequently no payments will be made to you until we do.
Commissions are reviewed by PacificHost Staff when the Affiliate requests a Withdraw from their Affiliate Balance. This means that any commissions earned and automatically approved after the 60 day hold, may be declined as defined by the terms listed below. Because of the high frequency of credit card fraud and cancellation rates, we reserve the right to hold commissions for up to 120 days for verification. Commission will only be paid for Active Hosting services. We also reserve the right to cancel commissions in the event that we are unable to collect funds, the order is fraudulent, the customer cancels, the customer files a chargeback, or if we learn that the commission was earned improperly for any other reason.
Check payments will only be reissued within 120 days of original issue date in the case of a lost check or stop-payment request. After 120 days, the payment will be voided. Check cancellation fees may be applied.
It is your responsibility to keep your contact information up-to-date including you; tax identification number, email, postal address and any other information that may impact PacificHost’s ability to contact you or send your commission payment.
PacificHost is not responsible for any third-party fees charged by PayPal, bank or other financial institute used to receive Affiliate Commission Fees.
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, including but not limited to 18 U.S.C. Section 2257, 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.
PacificHost expressly requires you to disclose that there is a "material connection" between you and PacificHost any time you offer an endorsement or testimonial on our services, in accordance with the Federal Trade Commission guidance as outlined here. Such disclosure should be clear and prominent, meaning close to the endorsement or testimonial.
Please note: You should obtain legal advice on how to fully comply with these responsibilities in your specific situation.
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 PacificHost or state law.
- Provide inaccurate or incomplete information to PacificHost 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 not be used unless given express permission by PacificHost, sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid.
You are free to bid on PPC networks for keywords related to PacificHost with the intent to direct traffic to PacificHost. However, the following terms are not allowed:
- "pacific host"
However, you may bid on a phrase that includes any of the above terms, eg. "pacifichost review", "pacifichost.com hosting", etc. When setting up the display advertisement in a PPC campaign, it is not permitted to use the display URL "www.pacifichost.com" or "pacifichost.com", and ad text in a display ad may not contain the "PacificHost" trademark.
The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the PacificHost brand name and reputation. We do not want affiliates, or for that matter, any third party, representing themselves as PacificHost or presenting themselves in a way that could be confused with PacificHost.
6. Term of the Agreement
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. If we deem necessary, we may send your payment in multiple payments until the final amount owed is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in 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. For purposes of this agreement the term "site" may include "pacifichost.com" and "support.pacifichost.com". 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 PacificHost 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 the PacificHost and PacificHost 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.
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 PacificHost 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.
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 PacificHost, customer and vendor lists relating to PacificHost 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.
You hereby agree to indemnify, defend and hold harmless PacificHost, 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.
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. PacificHost 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 chargeback/cancellation ratio. PacificHost 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 PacificHost affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the PacificHost in-house affiliate program and also open a PacificHost 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 Add2Net, Inc. or its subsidiaries in conjunction with this program. An arbitration firm selected by Add2Net, Inc. 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.