Terms and Conditions for Hosting Nation Data Inc. Affiliate Program Enrollment
This is the complete Agreement for the Hosting Nation Data Inc. (we, us, our) Affiliate Program (the Program) and covers only those products or services directly offered by us including all products, services and promotions delivered via Hosting Nation Data Inc's websites. The websites covered by this agreement are Hosting Nation (www.hosting-nation.ca, www.hosting-nation.com) Domains With Us (www.domainswithus.com) Hosting With Us (www.hostingwithus.com) and all other properties held by Hosting Nation Data Inc., and for the purposes of this agreement are collectively referred to as THE WEBSITES. (links outside of THE WEBSITES are not covered by this Agreement).
The Affiliate (you, your) must be 18 years or older to sign up for this Program. Your website will be manually reviewed and we will contact you about our decision. We reserve the right to accept or reject any application for enrollment in our sole discretion. If we reject your application, you may reapply after your site is in compliance as outlined below.
To be eligible, your site must meet these requirements:
Have a top level domain name
Be fully functional, no "under construction" sites or sections
Be aesthetically pleasing, no banner farms or pages full of affiliate links
Have been a member of and held assets with Hosting Nation, Hosting With Us or Domains with Us for 30 days or more.
The following types of sites and affiliates will be rejected:
Contain adult content, pornography, promote sex services or link to such sites
Explicit, vulgar or obscene language
Racial, ethnic, political, hate-mongering or otherwise objectionable content
Promotion of illegal substances or activities such as illegal online gambling, how to build a bomb, counterfeiting money, illegal drugs, etc.
Software piracy, list passwords, software cracking, warez or any illegal activity
Browser helper objects, software that generates clicks, causes any popups on anyone else's site or attempts to set a cookie or tracking without the user clicking the link
Links that automatically redirect users to another site
Those who send unsolicited email
Any questionable or controversial subject matter judged inappropriate by us
Sites that offer incentives, including cash, points, contest entries, prizes or rewards to click on ads or links
Sites that have software downloads that, in our sole discretion, can potentially divert commissions from other affiliates
As an Affiliate, you may not bid on any trademarks belonging to THE WEBSITES or the following keywords and phrases:
Hosting Nation: Hosting Nation, HostingNation, www.hosting-nation.net, www.hosting-nation.com and www.hosting-nation.ca
Domains With Us: Domains With Us, DomainsWithUs, DWU, www.domainswithus.com, www.domainswithus.net, www.domainswithus.org
Hosting With Us: Hosting With Us, HostingWithUs, HWU, www.hostingwithus.com, www.hostingwithus.net, www.hostingwithus.org
You may not bid on any variations of our domain names, or misspellings. Please ask first if you have any questions about our PPC policy. We want you to be successful and will be happy to help you. Any affiliate that is removed from any program we manage for PPC violations will be removed from all programs managed by Hosting Nation Data Inc.
If approved, we hereby grant to you a revocable, non-exclusive, non-transferable, limited license to use or display THE WEBSITES names, logos, URL's and trademarks on your website(s). You acknowledge and agree that such license is limited and that all rights, titles, ownership and interest in our names, logos, URLs and trademarks shall remain the sole possession of Hosting Nation Data Inc. and THE WEBSITES at all times. You cannot modify any banners or images provided to you by us. The Affiliate is solely responsible for their sites and all linking code. All links are subject to our approval. We will monitor affiliate traffic and sites for compliance to these terms. If we determine the Affiliate is no longer in compliance, they will be notified via email and their account can be deactivated pending further investigation. It is the Affiliate's responsibility to ensure they are in compliance with these terms.
You agree that you shall not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and/or reputation of Hosting Nation Data Inc. or THE WEBSITES. You also agree that you shall not use our names, logos, URLs or trademarks in any manner that is disparaging or that otherwise portrays Hosting Nation Data Inc. or THE WEBSITES in a negative light. You may not issue any press release or make any representations or warranties concerning Hosting Nation Data Inc. or THE WEBSITES.
You cannot frame any of THE WEBSITES, unless approved in advance, in writing. You may not spider our site for content or copy content from our site to use in your site. All promotional material will be provided in the linking section after signup. You cannot send unsolicited email (i.e., SPAM) containing any of our links, content or mention of THE WEBSITES. You cannot post any specific messages to newsgroups, forums, chat rooms, bulletin boards, classified sites or any similar places, for the purpose of inviting users to click your affiliate link to THE WEBSITES, unless expressly approved in writing from us. You can post messages which are generic in nature and do not mention any specific offer, including any private offer, of Hosting Nation Data Inc. and THE WEBSITES, or contain an affiliate link to us. Any deceptive methods used to obtain leads will result in reversal of commissions due and your account will be terminated. The referred visitor must click a link, or otherwise give permission, to be redirected to THE WEBSITES. When any referred visitor arrives at THE WEBSITES from your links, they should understand why they landed on our site. If you have any questions about what is allowed and not allowed, please contact us before running your promotions.
If you fraudulently add leads or clicks or inflate leads or clicks by fraudulent traffic generation, as determined solely by us, you will forfeit your entire commission and your account will be terminated. It is the obligation of the Affiliate to prove to us that they are NOT committing fraud. We will hold your payment in 'Pending Status' until you have satisfactorily provided evidence that you are not defrauding the system. Termination notice will be provided via e-mail and will be effective immediately.
Commissions are paid monthly by Hosting Nation Data Inc., providing you earned enough in commissions to meet the minimum amount you set when you sign up. For any month your commission is less than the minimum, the balance will be carried over to the following month. The Commission rates are subject to change at any time, in our sole discretion, without notice, however we will make a reasonable attempt to notify you of the change. Cookie life begins when a user clicks your affiliate link and enters our site. Commission is only payable if it can be tracked to you with your affiliate id. We cannot track referrals for users who do not accept cookies or if they delete our cookie.
Commissions will only be paid on new hosting or domain services or services transferred from a third party. Transfers from websites belonging to Hosting Nation Data Inc. are not eligible for commission. Websites belonging to Hosting Nation Data Inc. include www.hosting-nation.com, www.hosting-nation.ca, www.domainswithus.com and www.hostingwithus.com.
Either party may terminate this agreement at any time upon written notification. Any such notice to you shall be via email and you acknowledge that it is your responsibility to ensure we have your correct email address on file. If this agreement is terminated by us due to violation of the terms of this agreement or if your site is found to be objectionable, as outlined above, no commissions will be paid on any outstanding balance.
We may modify the terms of this agreement at any time, at our sole discretion. Either a notice of agreement change, or the new agreement, will be posted on our website. Publication of such notice or an email notice shall be considered sufficient notice of any changes. If you continue to participate in this program 48 hours after any such change you agree to these new terms. If you disapprove of any new terms in this agreement, your only recourse is to terminate this agreement as outlined above.
You guarantee that all content, products, and services on your website are legal to distribute and that you own or have the legal right to use any and all copyrighted material. Affiliate irrevocably covenants, promises and agrees to indemnify us, our employees, agents, officers, stockholders, directors, affiliates, consultants and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, arising from any and all claims and lawsuits for copyright, slander, libel, and trademark violation as well as other claims resulting from affiliate's websites
You agree that you are an independent contractor and that this Agreement does not offer, or cover, any type of partnership, joint venture, franchise, or employment relationship between you and Hosting Nation Data Inc. and THE WEBSITES.
We, our affiliates, agents or employees, will not be liable for loss, including direct, indirect, incidental, special, punitive or consequential damages or loss of income, related to this Program, our sites or links. Any liability related to this Agreement shall not exceed the total fees yet unpaid, at the time of any error, act or omission.
If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
Please contact us if you have any questions about this or any part of this Agreement.