|
|
AFFILIATE PROGRAM TERMS & CONDITIONS This agreement describes the entire terms and conditions for participation in OSISHosting.com Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to osishosting.com. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to osishosting.com and the terms "product" refer to the monthly hosting services provided by osishosting.com. You can add or remove links at any time: You may add as many links to osishosting.com, or remove such links, at anytime and without prior approval from osishosting.com. Referral Fee Qualifying Products: Hosting services provided by osishosting.com originating from a special link or links at your sponsoring website qualify to earn your referral fees. The following products will be considered "qualifying products":
Referral Fee Amount: Only qualifying products that are sold by osishosting.com, for which osishosting.com has received full payment will qualify for a referral fee. The total of such sales in any given month will generate referral fees, based upon the applicable flat rate referral fee, according to the following schedule: Hosting Plan: $25.00 one time referral fee when someone clicks through, signs up, purchases a hosting account, and remains active for at least 3 months. Referral Fee Payment: osishosting.com will make payment via Paypal or send a check for the applicable referral fee approximately 5 days after the 1st of each calendar month. Returns and Cancellations: If a referral fee qualifying product is later canceled within 3 months by the customer, its referral fee will be deducted from the monthly payment sent to the Participant. Order Processing: osishosting.com will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use osishosting.com secure online ordering process. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of osishosting.com. All of the rules, operating procedures and policies of osishosting.com regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. osishosting.com reserves the right to reject any order that does not comply with our rules, operating procedures and policies. Tracking of Sales: osishosting.com will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of sales activity will be provided to the Participant in realtime with a special URL that they are assigned. Promotional Techniques: You are free to promote the link to osishosting.com in all the ways we recommend in the introduction email letter you receive by email immediately after you sign up. Examples of acceptable ways to promote our services are: through banners, text links, letters of recommendation to newsletters subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the service on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of osishosting.com. This program is not a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM. If you promote the osishosting.com Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of osishosting.com. References/Testimonials: You agree to cooperate with osishosting.com in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website. Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. osishosting.com will not be responsible if you use another party's copyrighted material in violation of the law. Osishosting.com policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of osishosting.com. The Participant does not have the authority to make or accept any offer on behalf of osishosting.com. All The osishosting.com policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. osishosting.com is not responsible for any representations made by the Participant which contradict our policies. Product prices and availability: The price charged for every product sold under this program will be determined by osishosting.com according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on The osishosting.com webpage linked from your sponsoring website. Product availability can change, and osishosting.com will present the best information available to all sponsoring sites and its clients regarding product availability. Website service interruption: osishosting.com will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold osishosting.com liable for any of the consequences of such interruptions. Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of these services. Term of the Agreement: The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by osishosting.com, and shall end when canceled by either party as provided below. Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not canceled within 3 months of processing the order. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid. The agreement may be modified: Osishosting.com reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website. Cancellation of this agreement: Either osishosting.com or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other. Warranty Disclaimer: osishosting.com makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in osishosting.com's then current product sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. Limitation of Damages: osishosting.com shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if osishosting.com has been advised of the possibility of such damages. Further, osishosting.com's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by osishosting.com to Participant under this agreement. Miscellaneous: Participant and osishosting.com are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of osishosting.com. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. Governing Law: This agreement shall be governed by the laws of Canada without reference to its choice of law principles.
|
