Last updated: 2022-07-19
1. Overview
This agreement contains all of the terms and conditions that apply to your affiliate status in the Hosting123 affiliate program. The purpose of this agreement is to permit HTML linking to be established between your website and the Hosting123 website.
Please note that throughout this agreement, “we”, “us” and “our” refer to Hosting123 and “you”, “your” and “your” refer to the affiliate.
2. Participation Obligations
2.1. To begin the registration process, you will complete and submit the online application on the Hosting12 website. We may automatically approve your application, but this does not mean that we cannot re-evaluate your application at a later time. We may reject your application at our sole discretion. If we determine that your site is not suitable for our program, we may cancel your application. Your site is not suitable if:
2.1.1. Promotes sexually explicit material
2.1.2. encourages violence
2.1.3. Promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age
2.1.4. Promotes illegal activities
2.1.5. Contains any material that infringes any copyright, trademark or other intellectual property rights or assists others in doing so or violating any law
2.1.6. Domain name contains “Hosting123” or variations or misspellings thereof
2.1.7. That is, in our sole discretion, unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable in any way.
2.1.8. It includes software downloads that allow referral of commissions from other affiliates in our program.
2.1.9. That expressly or impliedly resembles our website or leads customers to believe that you are Hosting123 or another affiliated business.
2.2. As a member of the Hosting123 Affiliate Program you will have access to the Affiliate interface in the Hosting123 Client Area. Here you will be able to review the details of our Program, download the HTML code and download banner ads that provide links to web pages within the Hosting123 website. In order for us to accurately track all guest visits from your site to ours, as well as your commission, you must use the HTML code we provide for every banner, text link or other affiliate link we serve to you.
2.3. It will be your responsibility to update and maintain your site. We may monitor your site when we deem it necessary to ensure that it is up to date and to inform you of changes that we think will improve your performance.
2.4. You are solely responsible for complying with all applicable intellectual property rights and other laws relating to your site. You must have express permission to use anyone’s copyrighted material (text, image, or other copyrighted work). We will not be liable (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in a way that violates the law or any third party rights.
3. Hosting123 Rights and Obligations
3.1. We have the right to monitor your site at any time to determine whether you comply with the terms and conditions of this Agreement. We may notify you of any changes we think should be made to your site or to ensure that your links to our website are appropriate and may also notify you of any changes we think should be made. We reserve the right to terminate your participation in the Hosting123 Affiliate Program if you do not make changes to your site that we think are necessary.
3.2. Hosting123 reserves the right to terminate this Agreement and your participation in the Hosting123 Affiliate Program immediately and without notice to you if you commit fraud or abuse in any way in your use of the Hosting123 Affiliate Program. If such fraud or abuse is detected, Hosting123 will not be liable to you for any commissions related to such fraudulent sales.
3.3. This Agreement will begin upon acceptance of your Affiliate application and will continue unless terminated hereunder.
4. Termination
Either you or we may terminate this Agreement at any time, with or without cause, by giving written notice to the other party. Written notice may be in the form of mail, e-mail or fax. Additionally, this Agreement will terminate immediately in the event of any breach of this Agreement by you.
5. Amendment
We may change any of the terms and conditions in this Agreement at any time in our sole discretion. Changes may include, but are not limited to, changes to payment procedures and Hosting123’s Affiliate Program rules. If any changes are unacceptable to you, your only option will be to terminate this Agreement. Your continued participation in the Hosting123 Affiliate Program following the posting of notice of changes or the new Agreement on our site will indicate your acceptance of the changes.
6. Payment
Your Pending Commission Balance at the time of order will increase by the amount of commission associated with the order, but withdrawals cannot be made for 30 days to allow for customer cancellations.
If a customer requests a refund for a transaction for which you earned commissions, the commissions earned from the refund amount will be deducted from your Pending Commission Balance.
You can request payment through your bank account when your Withdrawal Eligible Balance reaches a minimum balance of $25, or via Hosting123 store credit when your Withdrawal Eligible Balance reaches a minimum balance of $10. It may take up to 30 days from the date of request for payment to be processed.
7. Access to Affiliate Account Interface
If you do not have a Hosting123 account, you can apply for the affiliate program on our website. If you have an account, you can enter Hosting123’s Affiliate interface in our Customer Area. You will be able to receive reports explaining our commission calculations to be paid to you from this site.
8. Promotional Restrictions
8.1. You are free to promote your own websites, but naturally any promotion that mentions Hosting123 may be perceived by the public or the press as a concerted effort. You should know that certain types of advertising are always prohibited by Hosting123. For example, advertising that is often referred to as “spam” is unacceptable to us and could damage our reputation. Other forms of advertising that are generally prohibited include the use of unsolicited commercial email (UCE), posting to non-commercial mailing lists, message boards, and other online groups, and cross-posting to multiple online groups at the same time. Additionally, you may not advertise in any way that effectively disguises or misrepresents your identity, domain name, or return email address. You can use mailings sent to customers to promote Hosting123, provided the recipient is already a customer or subscriber of your services or website and recipients have the option to remove themselves from future mailings. You can also post to online groups to promote Hosting123, as long as the group specifically welcomes commercial messages. You must always clearly represent yourself and your websites as independent of Hosting123. If we discover that you are sending spam, we will consider this reason for immediate termination of this Agreement and your participation in the Hosting123 Affiliate Program. If your account is terminated due to such unacceptable advertising or solicitation, any outstanding balances owed to you will not be paid.
8.2. Affiliates bidding on keywords such as Hosting123, Hosting123 Cloud Hosting, www.hosting123, www.hosting123.net and/or misspellings or similar modifications thereof (individually or together with other keywords) in Pay Per Click campaigns – and from such campaigns If you fail to redirect incoming traffic to their website before redirecting it to ours, it will be considered trademark infringement and you will be banned from Hosting123’s Affiliate Program. We will do everything possible to contact the affiliate before the ban. However, we reserve the right to remove any trademark infringer from our affiliate program without prior notice and upon the first occurrence of such PPC bidding behavior.
8.3. Affiliate uses “interstitials”, “Parasiteware™”, “Parasite Marketing”, “Shopping Assistance Application”, “Toolbar Builds and/or Add-ons”, “Shopping Wallets” or “deceptive pop-ups and the Consumer does not rely on a qualified link Consumers will be presented with “./or pop-unders” from the moment they click until they completely exit the Hosting123 site (i.e. no pages from our site or any content or branding of Hosting123 are visible). User screen). “Parasiteware™” and “Parasite Marketing” as used herein means (a) a practice that causes affiliate and non-affiliate commission tracking cookies to be overwritten by accident or direct intent by any means other than the customer clicking on an appropriate link. on a web page or in an email; (b) intercepts searches to redirect traffic through installed software, thereby causing pop-ups or commission tracking cookies to be placed or to overwrite other commission tracking cookies where under normal circumstances a user would reach the same destination via the results given by the search (including search engines (including but not limited to Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through the Hosting123 site loading into iframes, hidden links and automated pop-ups that open the Hosting123 site; (d) target text on websites other than websites that are 100% owned by the app owner for contextual marketing purposes; (e) Removes, changes or blocks the visibility of affiliate banners with other banners other than those on websites that are 100% owned by the application owner.
9. Grant of Licenses
9.1. You are permitted to (i) access our site via HTML links only in accordance with the terms of this Agreement and (ii) use our logos only in connection with such links, trade names, trademarks and similar identifying materials We provide to You or authorize for this purpose (collectively, “Licensed Materials”) . You are entitled to use the Licensed Materials only to the extent that you are a member in good standing of the Hosting123 Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Hosting123 and the goodwill associated therewith will inure solely to the benefit of Hosting123.
9.2. Each party agrees not to use the other’s proprietary materials in any way that is derogatory, misleading, obscene, or portrays the party in a negative light. Each party reserves all rights to specific material covered by this license. Except for the license granted in this Agreement, each party retains all right, title and interest in and to itself and no right, title or interest is transferred to the other.
10. Disclaimer
HOSTING123 MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING HOSTING123’S SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON; ANY IMPLIED WARRANTIES OF HOSTING123’S SKILL, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. INTENDED AND EXCLUDED. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly signed and delivered by you and constitutes your legal, valid and binding obligation enforceable against you in accordance with its terms;
11.2. You have the full right, power and authority to enter into the terms and conditions of this Agreement and to perform your obligations under this Agreement without the consent or consent of any other party;
11.3. You have sufficient right, title and interest in and to the rights granted to us in this Agreement.
12. Limitation of Liability
SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT. WE WILL OPEN (with these including, without limitation, LOSS OF REVENUE OR GOODWILL, OR LOSS OF ANTICIPATED PROFITS OR BUSINESS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, HOSTING123’S CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THIS AGREEMENT, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR ACTION. language WILL NOT BE BASED ON THEORY. TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
13. Compensation
You agree to indemnify and hold harmless Hosting123, its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners from and against any and all claims, actions, demands, liabilities, losses. damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Damages”), to the extent such Losses (or actions related thereto) arise from or are based on (i) affiliate any claim that our use of its trademarks infringes any trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party, (ii) any misrepresentation or misrepresentation of any warranty or representation made by you herein any claim relating to your site, including but not limited to breach of contract or agreement, or (iii) content that is not attributable to us.
14. Privacy
All confidential information, including but not limited to business, technical, financial and customer information, disclosed by one party to the other during negotiation or during the validity period of this Agreement marked “Confidential”, will remain the sole property of the party. Each disclosing party will treat as confidential and will not use or disclose such proprietary information of the other party without the express written consent of the disclosing party.
15. Miscellaneous
15.1. You agree that you are an independent contractor and that nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Hosting123. You will not have any authority to make or accept any offers or representations on our behalf. You will not make any statement on your site or elsewhere that reasonably contradicts anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party other than a party that acquires all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Turkey, without regard to conflicts of laws and their principles.
15.4. You may not modify or waive any provision of this Agreement unless it is in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between you and us and supersedes all prior agreements and communications of the parties, whether oral or written.
15.6. The headings and headings contained in this Agreement are included for convenience only and will not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be eliminated or limited to the minimum extent necessary to effect the parties’ intentions and the remainder of this agreement will continue in full force and effect.