You will automatically be registered as an affiliate when you sign up for hosting. By placing a banner, text link, promotional copy, or any information pertaining to GotWebHosting.com on your website/s or other advertising vehicles, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement.

IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD BANNERS, TEXT LINKS, PROMOTIONAL COPY OR ANY INFORMATION PERTAINING TO GOTWEBHOSTING.COM.

Please do not enroll if your site is unsuitable as we will immediately terminate the Agreement. See paragraph 5.3 below for a list of some of the types of unsuitable sites.

1. Our Rights and Obligations

1.1 Host Customers - We will provide a monthly hosting service to your referred Customers. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. ("Customer" is defined as: a person or entity that follows a link from your site, e-mail or however directed, to GotWebHosting.com and opens a hosting account. By opening an account with GotWebHosting.com, that person or entity will become our Customer and, accordingly, all GotWebHosting.com rules, policies, and operating procedures will apply to them.)

1.2 Referral Statistics - We will track your referrals and will supply reports. The form, content and frequency of the reports may vary from time to time in our discretion. Through your Hosting Control Panel or through the direct link http://stats.gotwebhosting.com, we will provide you with remote online access to reports of Customer activity and the commissions generated. You can gain access using your Username and Password as provided by GotWebHosting.com.

1.3 Pay a Commission -We will pay you monthly commissions on hosting income we earn from all legitimate Customers after they open an account with GotWebHosting.com.

1.4 Modification - We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available commissions, payment procedures, and Affiliate Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

2. Your Rights and Obligations

2.1 Spam - We do not condone spam.
Any form of spam will result in your account being placed under review and all funds due being withheld pending an investigation into your account. You need to be aware that we are liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account. In this instance the amount determined by GotWebHosting.com will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by yourself as fair and reasonable and as agreed to by registration as a partner of GotWebHosting.com.
Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment.

Should you require more information regarding our spam policy, read our Spam Policy or please contact support.

2.2 Posting Banners - By agreeing to participate in the Partner program, you are agreeing to download banners, text or promotional materials and place it on your site, utilize it within e-mail or print. These methods are by which you may advertise on our behalf. We will terminate this agreement immediately if there is any form of spamming or if you discredit GotWebHosting.com through false advertising, written or uttered words. You shall not make any claims, representations, or warranties in connection with us or our Clients and you shall have no authority to, and shall not, bind us to any obligations.

2.3 Agency Appointment - By this Agreement, we grant you the non-exclusive right to direct Customers to GotWebHosting.com, in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you.

2.4 Approved Layouts - Without our prior written approval, you will only use our approved banners and links and will not alter their appearance nor refer to us in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of GotWebHosting.com.

2.5 Good Faith - You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes GotWebHosting.com damage. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic.

2.6 Responsibility for Your Site - You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

2.7 License to use Marks - We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our intellectual-property marks solely in connection with the display of the banners on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.

2.8 Confidential Information - During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of GotWebHosting.com and/or the partner program (including, for example, referral fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.

3. Commission Schedule - You will earn a $10 commission each month for each legitimate hosting account opened and in good standing through your affiliate link. We retain the right to pass on any financial costs to your account that we may incur due to fraudulent activity actioned by Customers that you get to sign up at GotWebHosting.com. We retain the right to change the fee schedule and method of calculation of fees.

4. Commission Payment - We will pay you commissions on a monthly basis, after the fifteenth working day of each month, by check to your postal address or by PayPal, of any commissions earned by you in the previous month. When payment is issued by check then all payments will be paid in United States Dollars. If the account is in a negative position (e.g. because Customer has requested a charge back or refund) a balance of zero will be carried over until the following month. Commissions will be based upon our good faith calculation based on our statistics.

5. Term and Termination

5.1 The term of this Agreement will begin when you place a banner, text link, promotional copy, or any information pertaining to GotWebHosting.com on your website/s or other advertising vehicles and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

5.2 Upon termination:
You must remove our banner/s from your site and disable any links from your site to ours.

All rights and licenses given to you in this Agreement shall immediately terminate.

You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.

If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.

We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

If we continue to permit activity (generation of revenue) from Customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.

You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of our GotWebHosting.com.

You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement which occurred prior to termination.

5.3 WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

6. Relationship of Parties - You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.

7. Indemnity - You shall defend, indemnify, and hold GotWebHosting.com, our directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this partner program.

8. Disclaimers - We make no express or implied warranties or representations with respect to the partner program, GotWebHosting.com or commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.

9. Limitation of Liability - We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the partner program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, officers or shareholders. Any liability arising under this Agreement shall be satisfied solely from the commissions generated and is limited to direct damages.

10. Charge Backs - A charge back can be explained in the following manner: A credit card holder discovers irregular transactions made on his/her Credit/Debit Card which were not authorized by him/her. The credit card holder then request his/her bank to reverse these charges. Charge backs relate to fraudulent use by a third party of the credit card holder's card or card number.

In order to make things a little clearer, it must be understood that GotWebHosting.com uses HostCloud.com to process Credit Card purchases. This is where funds are deposited to when the Customer's purchases have been accepted, and also where the funds for charge backs are removed if a Customer disputes charges.

With regards to Charge backs, because the amount charged back by the Customer affects the revenue of GotWebHosting.com, it affects what we pay the Partner as well, as the agreement states that the Partner is paid $10 each month for each hosting account he/she generates.

Should the Customer process a charge back, the commission for the charge back period from that Customer will be forfeited and therefore deducted from the total balance due to you for the current month.

Should this deduction of the commission exceed your current amount due, your balance will then revert to a negative balance, and you will have to work your way back to zero before you can start earning revenue again.

Independent Investigation -YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT Customer REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

11. Miscellaneous

11.1 Governing Law - This Agreement will be governed by the laws of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Los Angeles, California and you irrevocably consent to the jurisdiction of its courts.

11.2 Assignability and Enurement - You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.

11.3 Non-Waiver - Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.

11.4 Remedies - Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.

11.5 Severability/Waiver - Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by placing a banner, text link, promotional copy, or any information pertaining to GotWebHosting.com on your website/s or other advertising vehicles.

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