AFFILIATE PROGRAM TERMS AND CONDITIONS
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SeekDotNet.com Affiliate Program
- This Agreement sets forth the Standard Terms and Conditions that applicable to the
usage of the SeekDotNet.com Affiliate Program. YOUR USE OF THE SeekDotNet.com AFFILIATE
SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT.
- This Affiliate Program Terms and Conditions (the "Agreement") govern the rights
and obligations of SeekDotNet.com and the Affiliate Program Member ("Referrer").
- This Agreement applies to the Referrer's participation in the SeekDotNet.com Affiliate
Program (the "Affiliate Program"), whereby Referrer will refer potential customers
to SeekDotNet.com hosting services.
- SeekDotNet.com may modify the content, terms and conditions of this Affiliate Program
from time to time. Any change to this Affiliate Program will be effective immediately
when posted to SeekDotNet.com's web site. This Agreement will be posted at: http://www.SeekDotNet.com/affiliatetermcondition.aspx
Eligibility and Affiliate Program Signup
- SeekDotNet.com's directors, employees, employee’s spouse, direct family members
and relatives are prohibited to sign up as Affiliate Partner.
- Anyone can apply and join our affiliate program. Referrer acknowledges that they
have read and agree to be bound by this Agreement. Referrer acknowledges that their
referred sites can also join this Affiliate Program via their account ControlPanel.
- To sign up to be an Affiliate and to use the Services as an Affiliate Partner you
must be at least 18 years of age. You warrant that the information you provide to
us upon registration is complete, valid and honest, including your Social Security
number. Your account may not be transferred or sold to another party.
Affiliate Program Enrollment
- SeekDotNet.com must approve the Customer's application to join the Affiliate Program.
- SeekDotNet.com reserves the right to refuse participation in the Affiliate Program
to anyone.
- When SeekDotNet.com customers join the Affiliate Program, they will be issued a
unique Affiliate ID.
- After joining the Affiliate Program, the Referrer will have access to a Affiliate
Manager ControlPanel for Affiliate Program management.
Affiliate Process
- Referrer can refer prospects via word of mouth. The referred customer can input
the unique Affiliate ID into the SeekDotNet.com order form.
- Referrer can refer prospects via hypertext links with a specially formatted URL
(Affiliate Link).
Affiliates
- Referrer will be credited for referring a hosting account sale, only if the Referred
Site customer completes the SeekDotNet.com order form for the base hosting plan
and enters the Referrer's unique ID or orders hosting via the Affiliate Link and
the SeekDotNet.com hosting automation system records the unique Affiliate ID (e.g.,
the Referred Site customer must have cookies enabled so that the cookie information
is properly read by the SeekDotNet.com order form system).
- Referrer will not receive credit for a hosting account sale that uses a Promotion
Code.
- Referred site must provide complete, accurate, and current Billing and Admin contact
information.
- Referrer will not receive credit for a hosting account sale of a Referred Site which
was previously hosted at SeekDotNet.com. Referrer will not receive credit for the
same referred hosting account twice.
- All Affiliates are subject to credit approval, availability, and other SeekDotNet.com
Terms and Conditions.
- Referrer will not receive credit for a hosting account sale of a Referred Site which
was previously terminated by SeekDotNet.com for non-payment, chargeback, or policy
violation.
- No Affiliate credits can be claimed for any hosting sale whose initial signup date
occurred before the Referrer joined the Affiliate Program.
Compensation for Affiliates
Referrer will receive a credit for each qualified Referred Site as follows:
- Referred sites must be in good standing for more than 60 days to qualify and count
toward Affiliate credits.
- For each qualified referred site, based on the date of the referred site signup,
the Referrer will receive credit as outlined in Affiliate Payments,
and valid credit will be available for future payment to the Referrer, when the
minimum payout threshold is reached and the Referrer requests payment.
- Referrer acknowledges that their Affiliate account will be reviewed by SeekDotNet.com
staff prior to any payout.
- You may NOT receive credit for referring yourself to SeekDotNet.com.
Affiliate Payments
- Affiliate credits will be available for payout only after the total aggregate amount
exceeds a threshold as defined in Below.
- Payments will be made to Referrer via PAYPAL PAYMENT ONLY. No other forms of payments
will be made.
- Payments will be in US Funds ONLY.
- Referrer must proactively request Paypal payment via the ControlPanel.
- Referrer will bear all taxes, duties, levies, and other similar charges and any
related interest and penalties, however designated or imposed on them as a result
of participation in this Agreement, including income, sales, or use tax on profits
which may be levied against the Affiliate.
- Payments are processed on the 1st and 15th of every month and must pass account
review by SeekDotNet.com staff.
- Affiliate credits will reflect the Affiliate Commission based on the date when the
Referred Site was signed up.
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Commission for each Referred Account |
$25.00 |
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Minimum Payout Threshold |
$100.00 |
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Valid from August. 1, 2007 until further notice |
Reports of Sales
Referrer can view their referred sales, Affiliate credit, and payment status in
their Affiliate Manager ControlPanel.
Obligations Regarding Referrer's Web Site
- The Referrer is solely responsible for the development, design, programming, operation,
and maintenance of their website content, which includes the posting of descriptions,
reviews, references, feature list of SeekDotNet.com hosting services.
- The Referrer acknowledges SeekDotNet.com rights to monitor the Referrer's website
from time to time or at any time to determine if Referrer is in compliance with
SeekDotNet.com Terms and Conditions and this Affiliate Program.
- The Referrer is solely responsible for the accuracy of any content as it relates
to SeekDotNet.com hosting services and their participation in the Affiliate Program.
- If SeekDotNet.com determines that Referrer is not in compliance with SeekDotNet.com
Terms and Conditions or Affiliate Program terms, then SeekDotNet.com may terminate
this Agreement at SeekDotNet.com's sole discretion and includes termination of any
rights to pending or future commissions.
Referrer Responsibilities
- Referrer will conduct themselves in a professional manner and will maintain a reputation
for fair dealing and exemplary service among its clients and Internet users. Referrer
will not make any statement, or take any action, that could reasonably be expected
to reflect poorly on SeekDotNet.com or on the reputation of SeekDotNet.com or its
products and services.
- Participants caught violating or attempting to circumvent these rules will have
all affiliate credit voided and will not receive any payouts. In addition, they
will be banned from further and future participation in our affiliate program and
may have their SeekDotNet.com service terminated.
- Referrer will ensure its personnel who are responsible for Referrer's activities
under this Agreement to remain well-informed concerning SeekDotNet.com's products
and services. Referrer will review SeekDotNet.com's website occasionally to ensure
that they are reasonably familiar with SeekDotNet.com's product offerings, promotions,
and service terms and conditions.
Emails, Publicity and Marketing
- Referrer agrees to not create, publish, transmit, distribute, under any circumstances,
any bulk electronic mail messages that would be considered as SPAM.
- Any marketing materials or print advertising cannot be used without first submitting
a sample to SeekDotNet.com and obtaining written approval.
- Referrer agrees not to SPAM blogs, online forums, or newsgroups. c. Failure of Referrer
to abide by this NO SPAM policy, will be deemed a material breach of this Agreement
and will terminate any and all rights and claims to any commissions.
- Referrer agrees to conduct themselves in a professional manner when posting to online
forums, blogs, or any other public internet postings which contain links to the
SeekDotNet.com Affiliate Program.
Licenses and Use of SeekDotNet.com Logos and Trademarks
- SeekDotNet.com grants Referrer with a non-exclusive, non-transferable, revocable
right to access SeekDotNet.com website through the links in accordance with the
terms of this Agreement and solely in connection with this Agreement.
- SeekDotNet.com's trademarks, tradenames, service marks, logos, other names and marks,
and related product and service names, design marks and slogans are the sole and
exclusive property of SeekDotNet.com. Except as otherwise provided in the Agreement,
Referrer may not use any of the foregoing in any advertising, publicity or in any
other commercial manner without the prior written consent of SeekDotNet.com.
- Any feedback, data, answers, questions, comments, suggestions, forum posts, ideas
or the like which Referrer sends to SeekDotNet.com relating to the SeekDotNet.com
Services or this Agreement will be treated as being non-confidential and non-proprietary.
SeekDotNet.com may use, disclose or publish any ideas, concepts, know-how or techniques
contained in such information for any purpose whatsoever.
Term of Agreement
- The term of the Agreement will begin upon SeekDotNet.com's acceptance of the Referrer's
active status.
- If an Referrer cancels their hosting account, then this Agreement will also be terminated.
- Referrer's active status will end when terminated by either party. Both parties
can terminate this Agreement at any time, with or without cause, by giving the other
party a written notice of termination.
- If Referrer's account is cancelled due to policy violation, non-payment, or chargeback,
then any commissions on referred sites occurring during the term, and commissions
earned through the date of termination, will not be payable.
- Commissions on referred sites occurring during the term, and commissions earned
through the date of termination, that are pending but not paid out will no longer
be available for payout, if the account is terminated for any reason. Referrer is
responsible for making sure they have requested payment for all pending commissions
prior to terminating their account.
- SeekDotNet.com may at its sole discretion withhold final payment for a reasonable
time to ensure that no overpayment is made.
- If Agreement is terminated prior to a referred site meeting the 30 active day standing,
then the commissions associated with these accounts will not be payable.
Disclaimer of Warranty
Referrer agrees to use all Services and any information obtained through or from
SeekDotNet.com, at Referrer's own risk. Referrer acknowledges and agrees that SeekDotNet.com
exercises no control over, and accepts no responsibility for, the content of the
information passing through SeekDotNet.com's host computers, network, or the Internet.
THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF SeekDotNet.com,
ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES,
OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION
PROVIDERS, LICENSORS OR THE LIKE ("SeekDotNet.com PERSON") MAKE ANY WARRANTIES OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE
SERVICES OR ANY EQUIPMENT SeekDotNet.com PROVIDES. NO SeekDotNet.com PERSON MAKES
ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE
CONTAINED IN OR PROVIDED THROUGH THE SERVICES. SeekDotNet.com IS NOT LIABLE, AND
EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER
TO OR FROM AFFILIATE OR STORED BY AFFILIATE OR ANY OF AFFILIATE'S USERS VIA THE
SERVICES PROVIDED BY SeekDotNet.com. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY
SeekDotNet.com PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION
OR ADVICE.
The terms of this section shall survive any termination of this Agreement.
Referrer Representations and Warranties Referrer hereby represents
and warrants to SeekDotNet.com, and agrees that
- Referrer will comply with all applicable laws, rules, regulations, and Internet
etiquette in the conduct of its business.
- Referrer will not distribute any documents or materials describing the Services
except those that have been approved or published by SeekDotNet.com.
- Referrer will not make any representations concerning the Services except those
that have been approved or published by SeekDotNet.com.
Limitation of Liability
- Referrer agrees that no SeekDotNet.com Person, under any circumstances, shall be
held responsible or liable for situations where the Services are accessed by third
parties through illegal or illicit means, including situations where such data is
accessed through the exploitation of security gaps, weaknesses or flaws (whether
known or unknown to SeekDotNet.com at the time) which may exist in the Services
or SeekDotNet.com's equipment used to provide the Services.
- No SeekDotNet.com Person shall be liable to Referrer, any of its users, or any other
third party, for any loss or damages that result or are alleged to have resulted
from the use of or inability to use the Services, or that results from mistakes,
omissions, interruptions, deletion of files, loss of data, errors, viruses, defects,
delays in operations, or transmission or any failure of performance, whether or
not limited to acts of God, communications failure, theft, destruction or unauthorized
access to SeekDotNet.com's records, programs, equipment, or services.
- SeekDotNet.com CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME,
INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET.
SeekDotNet.com WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION,
ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION
OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
- Under no circumstances, including negligence, shall any SeekDotNet.com Person be
liable for any indirect, incidental, special, consequential or punitive damages,
or loss of profits, revenue, data or use by Customer, any of its users, or any other
third party, whether in an action in contract or tort or strict liability or other
legal theory, even if SeekDotNet.com has been advised of the possibility of such
damages.
- Referrer understands, acknowledges and agrees that if SeekDotNet.com takes any corrective
action under this Agreement because of an action of Referrer or its website users,
and Referrer agrees that SeekDotNet.com shall have no liability to Referrer due
to such corrective action by SeekDotNet.com
- IN NO EVENT WILL SeekDotNet.com'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY
SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER,
NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE
ACTUAL AFFILIATE FEES PAID OUT DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING
THE EVENT GIVING RISE TO SUCH LIABILITY.
The terms of this section shall survive any termination of this Agreement.
Force Majeure
Neither party is liable for any default or delay in the performance of any of its
obligations under this Agreement if such default or delay is caused, directly or
indirectly, by forces beyond such party's reasonable control, including, without
limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or
terrorism, acts of government or other legal order, interruptions of transportation
or communications, supply shortages or the failure of any third party to perform
any commitment relative to the production or delivery of any equipment or material
required for such party to perform its obligations hereunder.
Indemnification
Referrer agrees to indemnify, defend and hold harmless SeekDotNet.com and its parent,
subsidiary and affiliated companies, and each of their respective officers, directors,
employees, shareholders and agents ("Indemnified Parties") from and against any
and all claims, damages, losses, liabilities, suits, actions, demands, proceedings,
and expenses (including attorney fees) threatened, asserted, or filed by a third
party against any of the Indemnified Parties arising out of or relating to (i) Referrer's
use of the Services, (ii) Referrer's participation in Affiliate Program, (iii) any
violation by Referrer of the Service Usage Policy, or Hosting Terms and Conditions,
(iv) any breach of any representation, warranty, or covenant of Referrer contained
in this Agreement, or (v) any acts or omissions of Referrer.
The terms of this section shall survive any termination of this Agreement.
Governing Law, Jurisdiction, and Arbitration
This Agreement shall be governed in all respects by California law without regard
to the conflict of law provisions thereof. Both parties submit to personal jurisdiction
in California. Any controversy or claim arising out of, relating to or in connection
with this Agreement, or the breach thereof, shall be subject to arbitration administered
by the American Arbitration Association ("AAA") in accordance with its then existing
Commercial Arbitration Rules ("AAA Rules") and judgment upon the award rendered
by the arbitrator may be entered in any court having jurisdiction thereof. The place
of arbitration shall be Los Angeles, California, or any other place selected by
mutual agreement of the parties. An award rendered in connection with an arbitration
pursuant to this Section shall be final and binding upon the parties and the parties
agree and consent that the arbitral award shall be conclusive proof of the validity
of the determinations of the arbitrations set forth in the award, and any judgment
upon such an award may be entered and enforced in any court of competent jurisdiction.
The parties agree that the award of the arbitral tribunal will be the sole and exclusive
remedy between them regarding any and all claims and counterclaims between them
with respect to the subject matter of the arbitrated dispute. The parties hereby
waive all in personam jurisdictional defenses in connection with any arbitration
hereunder or the enforcement of an order or award rendered pursuant thereto. In
any legal action, the prevailing party will be entitled to recover all legal expenses
incurred in connection with the action, including but not limited to its costs and
reasonable attorney's fees.
The terms of this section shall survive any termination of this Agreement.
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