AFFILIATE PROGRAM TERMS & AGREEMENT
This Affiliate Program Agreement (“Agreement”) is entered into by and between GetHost, Inc. (“GetHost”) and the signor of this Agreement (“Affiliate”), and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of Affiliate’s participation in GetHost’s Affiliate Program (“Affiliate Program”) and is in addition to any other agreement that Affiliate may have entered into with GetHost by virtue of being a customer. In this Agreement “you,” “your” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. The terms “we,” “us” and “our” refer to GetHost, Inc. (“GetHost”). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.
This Agreement explains our obligations to you, and explains your obligations to us under the Affiliate Program offered by GetHost. GetHost offers several ways to sign up to be an Affiliate, including via your GetHost account panel. You are only permitted to sign up via one of the available options. The Affiliate Program is purely a referral program by which you can earn commissions as outlined herein. Commissions are earned by you as an independent contractor.
Changes and Modifications to the Agreement. GetHost, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the GetHost website (this “Site”). You acknowledge and agree that (i) GetHost may or may not notify you of such changes or modifications prior to posting them to this Site and (ii) your continued participation in the Affiliate Program (via any platform) after such changes or modifications have been made (as indicated by the “Last Revised” date on this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, you must formally terminate your Affiliate status. In addition, while not required, GetHost may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current in the Affiliate interface that you have selected. GetHost assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
Suspension or Termination of Affiliate Program Participation. GetHost reserves the right to suspend participation in the Affiliate Program in the event of an unresolved breach of this Agreement or if suspension or cancellation is required by any policy now in effect. You agree that your failure to comply completely with the terms and conditions of this Agreement and any GetHost rule or policy may be considered to be a material breach of this Agreement and that GetHost may provide you with notice of such breach either in writing or electronically (i.e. email). If you do not provide GetHost with material evidence that you have not breached your obligations within ten (10) business days, GetHost may terminate your participation immediately and take any remedial action available to GetHost under the applicable laws. Such remedial action may be implemented without notice to you.
In addition, you acknowledge and agree that GetHost may terminate your participation as an Affiliate if: (a) you or your site violates, as determined by GetHost in its sole and absolute discretion, any of the Affiliate Restrictions outlined in Section 3 and/or any additional restrictions named; (b) for non-payment of fees, if any; and/or (c) if your site is not live, is under construction, or is a personal homepage or another personal site.
- DESCRIPTION OF THE AFFILIATE PROGRAM
Acceptance into the Affiliate Program is at our sole discretion, which may be withheld for any reason or for no reason at all.
How it Works. GetHost’s Affiliate Program allows you to earn commissions on sales to new GetHost customers via advertising on your “web site” or “publishing location” (such as an electronic newsletter or blog) (hereinafter “Your Site”) that contains a link with your affiliate ID. This advertising will allow you to drive traffic (‘sessions”) to GetHost’s web site. You will earn a percentage of the revenue generated, or commission as outlined in your platform agreement, when a person or entity (that is not you or your agent(s)) makes their first-time purchase of certain GetHost products or services (“New Customer”) after being referred to through the unique affiliate link that is contained on Your Site.
After being referred to the GetHost web site from a link contained on Your Site, visitors have thirty (30) days to complete their purchase for you to receive a commission. Should the visitor click on another referral link that is not controlled by you, or return to the GetHost web site via another source-coded advertising link during the initial thirty (30) days, your affiliate link will be overwritten and you will not receive a commission for that visitor’s purchase.
Enrollment. Enrollment into GetHost’s Affiliate Program can happen via any of the platforms indicated on our Affiliate page on our GetHost website. Affiliates may switch between platforms but may only enroll on one platform at any given time.
Commissionable Sales. Affiliate acknowledges and agrees that GetHost will only pay for first-time purchases by new customers. Affiliate will only receive commission for purchases completed after linking through Affiliate’s unique referral link and completing such purchases within 30 days of first visiting the GetHost site. Subsequent purchases made by the same customer (including by accessing GetHost’s web site directly) will not be commissionable. All GetHost products and services will be eligible for a commission except premium domains, domains bought at GetHost Marketplace and apps.
Restrictions on Eligible Commissions. You are not eligible for a commission payment on purchases made by you, your employees, agents, representatives, or contractors (all considered your “agents”), as well as purchases made from several accounts owned by the same person. Commission is paid for the first purchase only made by a certain person. GetHost employees (and their immediate family members) are not allowed to participate in the GetHost Affiliate Program.
- AFFILIATE RESTRICTIONS
Linking to GetHost website. Upon acceptance into the Affiliate Program, links and banners will be made available to you through the affiliate interface you have selected.
You acknowledge and agree:
GetHost Logo Use. You shall not use the GetHost logo without our prior approval. In addition, the GetHost logo shall be removed from Your Site immediately upon request. GetHost may lock your affiliate account immediately and withhold payment of any/all commissions without further notice if you fail to remove the GetHost logo from Your Site upon request. For clarity, acceptance into the Affiliate Program grants permission to use GetHost’s logos as outlined in the program.
- You shall not use any creatives that do not comply with GetHost guidelines. If your creative requirements are not met by our current content offering, please contact us to discuss your individual needs;
- No Domain Forwarding.You shall not create domain forwarding directly to our site using your affiliate link;
- No Harmful Activities.You shall not engage in activities that GetHost determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation;
- Prohibition Against Use of GetHost Trademarks.You shall not include the GetHost trademark, trademark with keywords or any misspellings of said trademarks in any domain names. Such activity will result in your immediate removal from the program; and
- Prohibition Against Use of GetHost Copyrights & Look-A-Like Sites.You shall not use a Gethost.co.zw look-a-like site that suggests or gives the visitor the impression that your web site or publishing location is affiliated with Gethost.co.zw. Your web site or publishing location shall not in any way copy or resemble the look and feel of GetHost’s web site or web site content, and you shall not create the impression that your web site or publishing location is part of GetHost’s network of web sites. This includes using GetHost’s trademarks, trade names, or any variations or misspellings thereof, in your URL, business name, or site name. You shall not “frame” or permit the “framing” of any page of GetHost’s network of web sites.
Website Content & Emails. You acknowledge and agree that Your Site specifically shall not (and shall not enable others to):
- Contain false, inaccurate, defamatory, slanderous, libelous or misleading content or statements about GetHost and/or its products and services;
- Do anything to give the impression to anyone that you are an Internet Corporation for Assigned Names and Numbers’ (“ICANN”) approved registrar;
- Display, promote or sell illegal content, or offer any illegal product or service;
- Engage in sending unsolicited commercial email (“spam”) or indiscriminate advertising;
- Fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or other applicable laws regulating commercial email;
- Collect personal information about minors without their parent’s prior written consent;
- Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by GetHost in its sole and absolute discretion;
- Engage in activities, whether lawful or unlawful, that GetHost determines, in its sole and absolute discretion, to be harmful to GetHost or its customers, employees, operations or reputation.
- Encourage the use of a controlled substance;
- Encourage unlawful behavior;
- Violate any applicable law;
- Advocate, promote, or encourage violence or discrimination against any person, organization or governmental entity;
- Contain links to web sites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organization;
- Contain links to web sites containing any of the aforementioned content; and
- Cause any purchases to be made that are not in good faith (such as using any device, program, robot iframes, or hidden frames, use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link, etc.)
In addition, you acknowledge and agree you shall not:
- Copy, alter or modify any icons, buttons, banners, graphics, files or content contained in GetHost’s links, including but not limited to, removing or altering any copyright or trademark notices;
- Alter the GetHost approved tracking codes to allow you to (a) collect personally identifiable information of visitors that would allow you to personally identify visitors, or (b) obscure the site from which the visitor is referred, including the use of link cloaking, asp/php redirects and/or link shortening services not provided by GetHost;
- Allow Your Site to be a downloadable or internet accessible application, as determined by GetHost in its sole and absolute discretion;
- Cause any purchases to be made that are not in good faith, including, but not limited to, using any method, device, program, robot iframes or hidden frames. Multiple purchases from the same individual, entity or IP address may be considered non–bona fide purchases. Non-bona fide purchases shall not be eligible for commission.
Paid Search and Advertising Guidelines
If you use paid search, you are required to add GetHost, Gethost.co.zw and any of its derivatives and misspellings as negative keywords across all of your paid search activities.
You also acknowledge and agree that you shall not:
- Bid on terms in any search engine that mention GetHost, Gethost.co.zw or any of its derivatives and misspellings, GetHost with keywords such as but not limited to «GetHost coupons», «GetHost promos», «GetHost promotions»;
- Use GetHost trademark, trademark with keywords or any misspellings in your domain name(s);
- Use direct linking to Gethost.co.zw from any paid search ads;
- Use Gethost.co.zw as a display URL.
- Use GetHost, Gethost.co.zw or any of its derivatives in ad copy that is shown on a search engine, including uses of dynamic keyword insertion;
If you are enrolled in our Affiliate Program and Your Site promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
- You may only advertise coupon codes that are provided to you through the Affiliate Program;
- Posting any information about how to work around the requirements of a coupon/promotion (i.e. first-time customers only) will result in removal from the Affiliate Program;
- Coupons must be displayed in their entirety with the full offer, valid expiration date and code;
- You may not use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s);
- You may not advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search or any other campaign;
- You may not give the appearance that any ongoing offer requires clicking from your website, in order to redeem. For example, if all domain registrations include free 1-year WhoIs Privacy Protection subscription, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
- COMMISSION PAYMENTS
- We will pay you the commission in effect on the date of each sale;
- Commission rates are as named in the platform in which you enrolled in our Affiliate Program;
- Commission will only be paid on any first sale completed by New Customers;
- Commissions will be paid only on “valid” orders, which are orders that are not reversed, charged back, unauthorized, fraudulent or from an existing customer;
- Commissions will be paid thirty (30) days from end of the month in which the purchase occurred. Example: a valid purchase made on November 13 th will be paid 30 days from the end of November or December 30 th ;
- Commissions will be paid out according to the payment options and minimum requirements set by the platform in which you enrolled;
- You acknowledge and agree that, in the case of coupons/sales/discounts/ cashback/loyalty sites, you may be offered a lower commission than the standard rate described above;
- You further acknowledge and agree that commissions for orders with promotion coupon codes will be earned only when these coupons are exclusively provided through GetHost Affiliate Program. For clarity, commissions will not be earned for sales using any GetHost coupon code that was not provided through the platform in which you enrolled. We reserve the right to not pay commissions on any purchases made with any other coupon codes and such commissions, if paid, will be reversed.;
- You acknowledge and agree that, as an independent contractor, you are responsible for any taxes owed due to commissions paid to you and that you will provide any/all necessary taxable information to the platform in which you enrolled. You also acknowledge and agree that failure to comply with this requirement will result in a forfeiture of your commissions.
You acknowledge and agree that no commission is payable if Your Site:
- Contains software or uses technology that attempts to intercept, divert or redirect Internet traffic to or from any other web site, or that potentially enables the diversion of affiliate commissions from another web site. This includes toolbars, browser plug-ins, extensions and add-ons;
- Sends traffic to Gethost.co.zw, or any other GetHost websites, that is generated by unauthorized traffic channels, e.g. click exchanges, banner exchanges, paid search advertising, etc; and
- Replaces DNS errors caused by mistyping the domain name Gethost.co.zw with a page showing the appropriate GetHost banner or affiliate link to our web site.
Notwithstanding anything to the contrary in this Agreement, in addition to any and all other rights and remedies to which GetHost is entitled, GetHost specifically reserves the right to:
- Terminate the Affiliate Program at any time for any reason;
- Terminate your participate in the Affiliate Program at any time for any reason. If your participation is terminated, GetHost will make any commission payments from validly purchases from Your Site which accrue before the termination date. GetHost will not make any commission payments which accrue after the termination date. You acknowledge and agree that the determination as to whether a purchase was “validly generated” from Your Site shall be made in GetHost’s sole and absolute discretion;
- Suspend your participation in the Affiliate Program at any time for any reason. If you are suspended, you will not receive any commission payments during your suspension period, whether such commission payments accrued before or during your suspension period. After completion of an internal investigation, if you are allowed to continue to participate in the Affiliate Program, GetHost will make any commission payments from valid purchases from Your Site which accrued before or during your suspension period. You acknowledge and agree that the determination as to whether a purchase was “valid” from Your Site shall be made in GetHost’s sole and absolute discretion.
- Require the forfeiture of any previously earned revenue, which has been paid or yet to be paid on any purchases you generated or assisted in generating during any times when you are in violation of this Agreement.
- Deactivate any and all accounts and domains that GetHost believes, in its sole and absolute discretion, to be violating the terms and conditions of this Agreement.
In sum, GetHost will track all commissions earned and may, at its sole discretion, decide not to pay any commission to you should we believe that any referral has been made in violation of its guidelines, due to visitor/customer fraud, or due to visitor/customer contract cancellation. It is your sole and absolute duty to precisely follow this Agreement and its guidelines, at all times. GetHost is under no obligation whatsoever to pay any commission to any affiliate who does not strictly follow this Agreement and its guidelines, as modified from time to time.
- YOUR RESPONSIBILITY
As an affiliate, we provide you with the links and banners necessary to promote GetHost products and services, which you may display in any area of Your Site as you wish. The links will identify Your Site as a member of our Affiliate Program and will establish a link from Your Site to ours. You acknowledge and agree it is your sole responsibility to indicate your correct unique affiliate ID in the promo materials you use on Your Site. You may promote the products and services that GetHost offers in any manner you choose unless it misleads visitors about GetHost services.
You also understand and agree that participation in the Affiliate Program requires ongoing activity. Should you no longer wish to participate in the Affiliate Program, you may withdraw by following the guidelines set by the platform in which you enrolled.
If you are an Affiliate directly with GetHost, you may withdraw by submitting a Notice of Withdrawal via your GetHost account panel. Your email to us must indicate that you will cease use of our advertising tools and remove them from Your Site. Upon receipt of your email, we will confirm removal of our tools from Your Site. Once confirmed, we will ensure that you receive final payment for any valid purchases that are pending commission payment.
Affiliates that are inactive for six (6) months and who have not withdrawn from the program (“Inactive Affiliates”) may, at GetHost’s sole discretion, be considered effectively withdrawn from the program.
- OUR RESPONSIBILITY
GetHost is responsible for processing the order, cancellations, returns and other related customer service for GetHost products and services. However, GetHost will not be responsible for lost sales due to technical difficulties preventing GetHost from registering a domain name or providing any other product or service to the visitor. GetHost is also responsible for tracking and validating affiliate sales and commissions and providing this information to the chosen affiliate platform in order to facilitate payments. GetHost does not, however, control the payment processing of commission payments to you by the platform which you selected.
GetHost will pay out on commissions for valid sales. Valid sales are sales whereby the customer pays the full, expected price and such sales are not cancelled, reversed, returned or discounted/voided in any way. Where payment happens through a third party platform, GetHost is responsible for payment to the platform you selected and the platform is specifically responsible for payment to you.
- LIMITATION OF LIABILITY
GetHost shall 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 or any third-party systems. With respect to passwords, account identifiers and other systems used to control access to your account, it is your responsibility to safeguard such passwords, account identifiers, and other systems used to control access to your account.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
- LEGAL AGE
You attest that you are of legal age to enter into this Agreement.
- FINAL AGREEMENT
This Agreement, the referenced agreements, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
- NO AGENCY RELATIONSHIP
Nothing contained in this Agreement shall be construed as creating any agency, partnership, employer/employee or other form of joint enterprise between the parties hereto. Each party to this Agreement is an independent contractor and have no right or authority to bind or commit the other party. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
- ASSIGNMENT AND RESALE
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.