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I. Parties to this Agreement
This agreement is entered into by 040 Hosting and each of its Affiliate(s). “You”, “Your” refers to each and every affiliate of the 040 Hosting affiliate program. Participation in the program constitutes full and complete acceptance of the TOS set forth herein.
II. 040 Hosting Responsibilities
A. Coded URL
Upon your acceptance, 040 Hosting will provide you with a URL coded to specifically identify you, which will allow you to create a link to the 040 Hosting 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.
B. Tracking
040 Hosting agrees to track the customers referred to 040 Hosting via the link provided to you for that purpose. 040 Hosting utilizes cookies to maintain tracking information for up to one year. 040 Hosting 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.
III. Affiliate Responsibilities
A. Minimum Age
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 040 Hosting affiliate program does not violate any law, ordinance, regulation or standard.
B. Operative Link
You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL. You agree that you will notify 040 Hosting if your coded URL ceases to function or ceases to function properly.
C. Representations
You agree that you will not make any representations, promises, warranties or other statements about 040 Hosting or the 040 Hosting web site, products or policies other than as may be expressly approved in writing by 040 Hosting or as other wise provided to you by 040 Hosting for that purpose.
D. Link
You may use the coded URL provided by 040 Hosting via the available 040 Hosting Link Library or in any other form you wish provided that your use of the URL is not in any way disparaging of 040 Hosting or otherwise not appropriate or acceptable in 040 Hosting's sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of 040 Hosting or any other party. You may not violate the 040 Hosting General Terms of Service.
E. Amendments
You agree that 040 Hosting 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 040 Hosting web site on a periodic basis.
F. Customers of 040 Hosting
040 Hosting 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 040 Hosting. 040 Hosting 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 040 Hosting, regardless of origin or referral, are the sole property and responsibility of 040 Hosting.
IV. Commissions
A. Commission Rate
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. 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 One Euro (EUR 1,00) and Three Hundred Euro (EUR 300,00).
Upon registration you will receive a Five Euro (EUR 5,00) bonus.
All basic-packages below silver have a one time (1x) EUR 1,00 Commission Rate.
Silver has a 0,25 euro per month Commission Rate.
Gold has a 0,50 euro per month Commission Rate.
Platinum has a 1,00 euro per month Commission Rate.
Business has a 2,00 euro per month Commission Rate.
** Dedicated Server Commission Rate is outdated and we will soon introduce a new system, the mentioned servers are not available for years anymore **
Silver Line Dedicated Servers. 5,00 euro per month Commission Rate.
Gold Line Dedicated Servers. 7,50 euro per month Commission Rate.
Platinum Line Dedicated Servers. 10,00 euro per month Commission Rate.
Business Line Dedicated Server. 20,00 euro per month Commission Rate.
Enterprise Line Dedicated Server. 25,00 euro per month Commission Rate.
NO COMMISSIONS WILL BE CREDITED FOR DOMAIN REGISTRATIONS,ADD-ON PRODUCTS AND OR PRODUCTS NOT LISTED ABOVE. 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.
B. Qualified Commission
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 60 days from its inception. 040 Hosting 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.
C. Payment Date
Payments will only be paid once your commissions account balance reaches a minimum level of at least Fifty Euro (EUR 50) owed. 040 Hosting shall make no payment to you until this minimum balance is achieved. Commissions are paid on the 15th of each month following the first 30-days of the month after the sale was made.
D. Payment Form
Commissions can be paid in any of two available methods. These are by an 040 Hosting bank wire, or through a PayPal account. Note that international payment costs are for the receiver so will be deducted from the amount paid by the banking company.
For payments to be made by bank wire, the following information must be sent to affiliates@040support.nl: your affiliate username, bank account title, bank name, bank address, the account number, and either an ABA, Swift and 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 affiliates@040support.nl.
V. Ownership and Licenses
A. Property Ownership
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.
B. License
040 Hosting grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the 040 Hosting logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and 040 Hosting 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.
C. Cease use upon Demand
You agree to immediately cease the use of any mark upon request made by 040 Hosting to the email address provided by you and maintained on file for you by 040 Hosting. You agree to immediately cease the use of any link created by you to 040 Hosting upon request by 040 Hosting to the email address provided by you and maintained on file for you by 040 Hosting.
VI. Termination
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 040 Hosting termination of this agreement in its entirety.
C. Suspension
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 040 Hosting will become a termination under 6.B. as of the date of the initial suspension.
D. Survival
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.
VII. General
A. Authority
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.
B. Non-Infringment
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and 040 Hosting 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.
C. Violation of Law
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.
D. Terms of Service
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and 040 Hosting that you agree to be bound by all terms and conditions of this document and any applicable terms and conditions set forth in the 040 Hosting Terms of Service which are incorporated herein as though set forth at length herein.
E. Unsolicited Email
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and 040 Hosting that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the 040 Hosting Affiliate Program. Spam is not limited to email but includes as well news-groups and other genral accepted ways of spamming.
F. Defamation/Libel
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and 040 Hosting that you will not transmit any information which is or might be considered to be defamatory or libelous.
G. Decency
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and 040 Hosting that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.
H. Unfair Competition
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and 040 Hosting that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the 040 Hosting Terms of Service.
I. Damage to 040 Hosting
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and 040 Hosting that you will not take any action that would in any way damage 040 Hosting 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.
J. No Automatic Links
You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
K. Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY 040 HOSTING PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT 040 HOSTING 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, 040 HOSTING DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL 040 HOSTING BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
L. Limitation of Liability
IN NO INSTANCE SHALL 040 HOSTING 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 040 HOSTING 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.
M. Indemnification
You agree to indemnify, defend and hold harmless 040 Hosting 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.
O. Severability
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.
P. Integration
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 040 Hosting on the 040 Hosting web site.
R. Use Constitutes Full Acceptance and Signature
Your agreement to the terms set forth herein is manifested by any participation in the 040 Hosting 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 040 Hosting without notice to any other party other than changing the agreement itself made available by 040 Hosting to the affiliates on the 040 Hosting web site.
Last change: 19-04-2007 Version 1.5
Interested, please sign up at http://www.040support.nl
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