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Affiliate Program terms and conditions

DiscountASP.NET Affiliate Program

1. This Affiliate Program Agreement (Agreement) is entered into between Host Collective, Inc., d/b/a DiscountASP.NET and d/b/a Everleap (Herein referred to as DASP, we, us, or our) and the individual or entity who refers customers to DASP (Member, Partner, Affiliate, you, your, or they) and supersedes all other agreements in place for a referral program. This Agreement consists of this Agreement, our Privacy Policy, Acceptable Service Usage Policy and any other agreements referencing this Agreement (Incorporated Agreements), each of which are incorporated into this Agreement. Under the European Union General Data Protection Regulation (GDPR), our Data Processing Agreement is also part of this Affiliate Agreement. Terminology that are not defined in this Agreement are defined in the Incorporated Agreements, or our DiscountASP.NET Shared Web Hosting Agreement and DiscountASP.NET Team Foundation Server Hosting Agreement and/or Everleap Cloud Hosting Terms of Service (collectively, Terms).
2. The Effective Date of this Agreement is the date upon which DASP creates an Affiliate account for you. We will send you an e-mail when your account is created. You agree to be bound by this Agreement by clicking "I agree/accept" on the bottom of the Affiliate sign-up page. You agree that we may make changes to this Agreement, including material changes, by posting them online at https://www.discountasp.net/policies/affiliate-agreement/. We will notify you of any changes through e-mail and/or posting news in the Affiliate control panel. By continuing to use the Affiliate program and accepting Affiliate Commission Fees following such a change, you agree to be bound by any changes.

Affilate Program Sign-up

1. The Affiliate Program is open to the public to join.
2. Affiliate must complete the Affiliate Program application through our web site.
3. Affiliate acknowledges that they have read and agree to be bound by this Agreement.
4. Affiliate understands that while we may instantly set up an Affiliate account after sign-up submision, DASP reserves the right to determine if the Affiliate complies with all of our terms and conditions. DASP may reject any Affiliate account if it is determined that the site is unsuitable for our Affiliate program for any reason.
5. Affiliate agrees that they must provide us with accurate and current contact information, including valid PayPal information. DASP communicates with Affliates via e-mail from time to time. Affiliate must provide us with an active e-mail address that is monitored on a regular basis. DASP is not responsible for or liable for any interruption of any sort, based on communications that are misdirected as a result of your failure to provide us with valid contact information.
6. DASP reserves the right to terminate this Agreement for any reason or no reason. DASP reserves the right to reject acceptance to this Affiliate program to anyone.

Relationships

1. This Agreement is between DASP and you. The goal of this Agreement is for you to refer new customers to us (a "Lead"). If a Lead becomes our customer, as set out in our Terms, you will have no relationship with the Lead based on the services we provide to the Lead. That relationship will be exclusively between the Lead and us.
2. This Agreement does not give you an exclusive, or any, territory. Nor does it create an exclusive relationship with us. We may, and will, enter into other, and different, affiliate and referral relationships with other entities. You are not obligated to refer any or all potential new customers to us.

How to send us leads

1. When we create an Affiliate account for you, we will grant you access to a web-based Affiliate manager control panel located at https://affiliate.discountasp.net. In the Affiliate control panel you will find your unique Affiliate ID to provide to Leads and a unique Affiliate link that can be used to generate Leads by driving traffic to DASP web properties. This Affiliate ID is unique to you. It is your obligation to ensure that a Lead submits your Affiliate ID to us when the Lead completes the Order Form or has clicked on your Affiliate link prior to completing the Order Form. Affiliates understand that the Affiliate link can only track Leads who use a cookie-enabled web browser.
2. When we receive an Order Form associated with an Affiliate ID we will check the Lead to ensure that (i) the Lead is not a former account; (ii) the Lead was not submitted to us from another source and/or was not counted as an Affiliate sale previously to any other Affiliate; (iii) the Lead is not already in active negotiations with us to purchase Services; (iv) the Lead is in good standing with DASP, complies with all DASP Terms and has provided complete and accurate contact information to DASP; (v) the Lead is an active DASP customer who has uploaded content to our Services and, if a web hosting customer, points their domain to DASP; or (vi) the Lead has never been canceled by DASP for policy violations, non-payment or chargebacks. If the Lead fails within any of these categories, you will not receive an Affiliate commission for the Lead.
3. You are required to comply with all laws and regulations and DASP Terms and Agreements related to generation of Leads and marketing. If we determine, at any time, that a Lead, or Registered Lead, was generated illegally or through fraudulent activities, through domain speculation, through e-mail/forum/blog/social media SPAM, forced iframes, through CPC advertising using our brand name, and otherwise questionable means, we reserve the right to delay Commission Fee payments to conduct an investigation and we reserve the right to terminate your Commission Fees related to that Lead; and you agree to refund all Commission Fees previously made to you for that Lead. If the activity is severe or there are repeated offenses or there is an unusually high volume of Registered Lead cancellations or chargebacks, we will deem this as a material breach of this Agreement by you and will terminate this Agreement and any unclaimed or unpaid commissions will be forfeited and be voided. We do not pay Commission Fees for any activity that is an attempt to cheat or defraud us in any way and any accrued Commission Fees will be forfeited and voided.

Affiliate Commission

1. In order to qualify for an Affiliate Commission:
1. The Registered Lead must purchase Qualifying Services from us. "Qualifying Services" are our DiscountASP.NET base shared web hosting account purchased without a promotion code or a DiscountASP.NET shared Team Foundation Server hosting account purchased without a promotion code or a base Everleap Cloud Hosting plan ordered without a promotion code;
2. The Registered Lead must be a Customer in good standing for at least sixty (60) days prior to the date for which the Commission fees are credited to the Affiliate;
3. If the Registered Lead is a shared Team Foundation Server (TFS) Hosting customer, the Registered Lead must renew for a third month of service but does not have to complete the third month of service to be a qualified sale;
4. Managed TFS hosting services does not count as a Qualifying Service;
5. You must be an Affiliate member in good standing; and
6. This Agreement must not have been terminated or have expired.
2. In order to get payment of Affiliate Commission:
1. You must request payment of the Commission Fees through your Affiliate manager control panel;
2. The amount of total Commission Fees due you must exceed a threshold as defined in Schedule A, or they will be held until you reach this threshold;
3. The Commission request must pass our audit; and
4. Should any qualified Commission be unclaimed for 3 years, the commission will expire and be voided.
3. We calculate Commission as follows:
1. The Commission for Qualifying Services is listed in Schedule A;
2. From the total Commission fee, we will deduct:
1. Any chargebacks from the Registered Lead;
2. Any amounts you owe us; and
3. Any special payment handling fees.
4. We will pay you the Commission Fee in U.S. dollars on the applicable fifth day of the month after you requested payment. If the fifth day of the month falls on a holiday or weekend, payments are processed on the next non-holiday business day. Unless other special arrangements are made, Affiliate Commission Fee payments will be made through hosting account credit or through PayPal.
1. DASP is not responsible for any third-party fees charged by Paypal or any other institution;
2. Affiliate will bear all taxes, duties, levies, and other similar charges and any other related interest and penalties, however designated or imposed on them as a result of participation in the Agreement, including income, sales, or use taxes on profits which may be levied against Affiliate; and
3. It is the responsibility of USA Residents to provide DASP with tax and payment information should you earn $600 or more in Affiliate Commissions. If DASP does not receive the necessary tax or payment information when requested, any Commission fees requested will not be paid. In compliance with tax laws, DASP will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You are responsible for the payment of all taxes related to the commissions you earn under this Agreement.

Marketing

We encourage you to actively market our Services. Pre-approved marketing materials are provided in the Affiliate control panel. If you create any other marketing materials, you must first submit them to us for approval before use. Upon written approval you are permitted to use our name, logo, trademarks (collectively, the "Marks") for all proper purposes related to the performance of your duties hereunder only so long as this Agreement is in effect. Your use of such Marks shall be in accordance with our policies. You will have no right in the Marks, and agree to take no action that might jeopardize our rights in the Marks, or appropriate them for your own use, or those of another.

Term and Termination

1. This Agreement shall continue as long as Affiliate is actively participating in the program or unless DASP terminates this Agreement;
2. Each Registered Lead may terminate their Hosting Agreement as set out in the Terms; and
3. If Affiliate does not log into their Affiliate control panel for over one year, then we will consider the Affiliate as no longer active and has terminated their participation in the Affiliate Program and any commissions accrued will be forfeited and be voided.

Independent Contractors

Each party is acting as an independent contractor. Neither party undertakes, whether by this Agreement or otherwise, to perform any obligation of the other party, or assume any responsibility for the other party’s actions, business or operations. Nothing in this Agreement shall be deemed to constitute a partnership or joint venture. Neither party shall hold itself out as having any authority to enter into any contract, or create any obligation or liability on behalf of, or binding upon, the other party. Neither party will incur any debt or make any express or implied agreement, guarantee, warranty, or representation in the name of, or on behalf of, the other without the other’s express written authorization.

FTC Endorsement Compliance

1. It is the intent of DASP to treat our affiliates fairly and to comply fully with all Federal Trade Commissions regulations related to advertising. As such, we require our affiliates to comply with these regulations. This includes, but is not limited to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising, which requires, among other criteria, that material connections between advertisers and endorsers be disclosed. This means that directories, review/rating sites, blogs and other web sites, email or collateral that purport to provide an endorsement or assessment of an advertiser (in this case DASP) must prominently disclose the fact financial or in-kind compensation is provided from the advertiser.
2. For more information and suggestions about how to comply with these guidelines, please review "The FTC’s Revised Endorsement Guides: What People are Asking."
3. Note that if you provide endorsements of some type as part of your affiliate activity, you should obtain legal advice on how the FTC guides apply to you. The FTC guides are not legal advice.
4. DASP reserves the right to withhold commission fees and cancel the affiliate relationship with you should we determine, at our discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations/guides we deem relevant.

Affiliate Warranties

Affiliate represents and warrants to DASP that:

1. Affiliate has the experience and knowledge necessary to use the Affiliate Program and Services;
2. Affiliate understands and appreciates the risks inherent to Affiliate and Affiliate's business that come from accessing the Internet; and
3. In entering into this Agreement, and performing the obligations set out in it, Affiliate will not violate any applicable laws and regulations and will not violate our Terms and Usage Policies.
4. The terms of this section shall survive any termination of this Agreement

Disclaimers

THE AFFILIATE PROGRAM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. DASP HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND TITLE. DASP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY ADVICE GIVEN IN A COMMUNITY FORUM IS RELIABLE, ACCURATE OR WILL NOT DAMAGE AFFILIATE. DASP 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 AN END USER OR LEAD VIA THE SERVICES PROVIDED BY DASP. DASP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY DASP. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO DASP SHALL BE PASSED THROUGH TO AFFILIATE, NOR SHALL AFFILIATE CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES. SOME STATES DO NOT ALLOW DASP TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO AFFILIATE, AFFILIATE’S WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE FOR THAT INDIVIDUAL ASPECT OF THE PARTICULAR SERVICE.

THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION CUSTOMER MAY HAVE RECEIVED FROM DASP OR ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS, OR AFFILIATES. AFFILIATE MAY NOT RELY ON SUCH INFORMATION. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Limitation of Liability

IN NO EVENT WILL DASP’S LIABILITY HEREUNDER EXCEED THE AGGREGATE COMMISSION FEES ACTUALLY PAID OUT FOR THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM "DASP" SHALL BE INTERPRETED TO INCLUDE DASP’S EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO AFFILIATE THROUGH DASP.

AFFILIATE AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AFFILIATE WILL NOT, UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD DASP OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY AFFILIATE, ANY OF AFFILIATE’S END USERS, OR ANY OTHER THIRD PARTY. AFFILIATE AGREES THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, AND APPLY EVEN IF DASP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AFFILIATE AGREES THAT IN THOSE JURISDICTIONS, DASP’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Indemnification

Affiliate agrees to indemnify, defend and hold harmless DASP and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Affiliate’s use of the Services or an End User or visitor’s use of the Services through Affiliate; (ii) any violation by Affiliate, an End User, or visitor to Affiliate’s site, of any of DASP’s policies; (iii) any breach of any of Affiliate’s representations, warranties or covenants contained in this Agreement; (iv) any acts or omissions by Affiliate; and/or (v) any posts by Affiliate in the Community Forum. 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.

Force Majeure

Neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event less than 10 days from the beginning of the event. For Beta products, DASP shall have no liability or notice requirement whatsoever. The terms of this section shall survive any termination of this Agreement.

No Waiver

No waiver of rights under this Agreement, or any DASP policy, or other agreement between Affiliate and DASP, shall constitute a subsequent waiver of this or any other right under this Agreement. The terms of this section shall survive any termination of this Agreement.

Assignment

This Agreement may be assigned by DASP. It may not be assigned by Affiliate. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties. The terms of this section shall survive any termination of this Agreement.

Severability

In the event that any of the terms of this Agreement become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect. The terms of this section shall survive any termination of this Agreement.

No Agency

This Agreement does not create any agency, partnership, joint venture, or franchise relationship between the parties. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever. The terms of this section shall survive any termination of this Agreement.

SCHEDULE A

Minimum payout threshold is $100.00 US dollars.

Last Update: May 24, 2018