- 1.1. This Affiliate Program Terms and Conditions (the “Agreement”) govern the relationship between HOSTNOC and its affiliates (“Affiliates”) who promote HOSTNOC services to third parties (“Customers”).
- 1.2. By participating in the Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
- 1.3. HOSTNOC may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement on the HOSTNOC website. You are responsible for regularly reviewing this Agreement to ensure that you are aware of any changes to it.
2. Your Responsibilities
As a HostNOC Affiliate, you agree that:
- 2.1. It is your full responsibility to provide us with accurate account information and it is your responsibility to keep that information up to date. Such information includes, but is not limited to: contact details, payment details, all website URL(s) where HostNOC is promoted, traffic sources, promotional means and practices, and any other details we may request. If by any means you fail to provide the requested data or the data is not accurate it may result in exclusion from the Affiliate Program, temporary suspension or termination of your Affiliate account and loss of any Commissions.
- 2.2. You should not make any recommendations or take any actions that would result in a potential revenue loss for HostNOC.
- 2.3. You should not use any marketing practices that may attract clients that are not in good standing.
- 2.4. You agree not to violate any applicable law.
- 2.5. You should be loyal to HostNOC and should not misuse its confidence and shall not damage HostNOC reputation.
- 2.6. Not to advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity.
- 2.7. You should not use any marketing practices that may attract clients that are not in good standing.
3. Affiliate Program
- 3.1. The Affiliate Program allows you to earn commissions by referring Customers to HOSTNOC.
- 3.2. You will be provided with a unique referral link or code (“Link”) that identifies you as the referrer of the Customer.
- 3.3. Commissions will be paid to you for each Customer who signs up for qualifying our services through your Link, subject to the terms and conditions of this Agreement.
- 4.1. Commissions will be calculated based on the commission structure set forth on the HOSTNOC website at the time of the Customer’s purchase.
- 4.2. Commissions will be paid to you within 30 days after the end of each calendar month in which the commission was earned.
- 4.3. HOSTNOC reserves the right to withhold commissions and terminate your participation in the Affiliate Program if it determines, in its sole discretion, that you have engaged in fraudulent, unethical, or illegal conduct.
- 5.1. You are prohibited from engaging in any activity that may be considered fraudulent, unethical, or illegal, including but not limited to:
- 5.2. Self-referral or referral of Customers using false information.
- 5.3. Use of unauthorised promotional materials.
- 5.4. Spamming or other unsolicited marketing practices.
- 5.5. You may not use the HOSTNOC trademark or any other intellectual property without HOSTNOC’s prior written consent.
- 6.1. Either party may terminate this Agreement at any time, with or without cause, by giving written notice to the other party.
- 6.2. HOSTNOC may terminate this Agreement immediately and withhold commissions if it determines, in its sole discretion, that you have breached this Agreement or engaged in fraudulent, unethical, or illegal conduct.
7. Limitation of Liability
- 7.1. HOSTNOC will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement.
- 7.2. HOSTNOC’s total liability under this Agreement will not exceed the total commissions paid or payable to you under this Agreement.
8. Governing Law and Dispute Resolution
- 8.1. This Agreement will be governed by and construed in accordance with the laws of Canada.
- 8.2. Any dispute arising out of or in connection with this Agreement will be resolved through binding arbitration in accordance with the Rules of the Canadian Arbitration Association.
- 9.1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
- 9.2. HostNOC has the authority to modify or remove any clause of this agreement without seeking approval from the affiliate.
- 9.3. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- 9.4. The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other provision of this Agreement.
- 9.5. You may not assign or transfer this Agreement or any of your rights or obligations hereunder without HOSTNOC’s prior written consent.
- 9.6. This Agreement is not intended to create a partnership, joint venture, agency, or employment relationship between the parties.
- 9.7. You acknowledge and agree that HOSTNOC may use your name and logo for the purpose of promoting its Affiliate Program.
- 9.8. You agree to comply with all applicable laws and regulations in connection with your participation in the Affiliate Program.
- 9.9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
- 9.10. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed given when delivered personally or sent by certified or registered mail, return receipt requested, to the address of the other party as set forth in this Agreement or as otherwise provided by such party in writing.
- 9.11. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.