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 that meet the following criteria:
Products sold to customers who follow a special link from your sponsoring
website to our site and submit that order by using osishosting.com
order form and remains active for at least 3 months.
The following products will not be considered qualifying
services for referral fees:
Products sold through any other special link to our site
other than the specific URL's that you are assigned to your sponsoring
Amount: Only qualifying products
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.
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
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
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
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,
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
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
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.