Please read the following to learn more about our affiliate agreement.
This Affiliate Agreement ("Agreement") contains the complete terms and conditions between Us, WebDivisor and You, as an Affiliate of WebDivisor ("Affiliate"), and the use or placement of links from Your Web site to Our Web site, "WebDivisor.com."
BY SUBMITTING YOUR APPLICATION TO JOIN WEBDIVISOR’S AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.
WebDivisor's Affiliate Agreement Definitions:
"We", "Our", "Us" - WebDivisor
"You", "Your" - the business, individual or entity applying to join WebDivisor’s Affiliate Program.
"Affiliate", "Affiliates" - the business, individual or entity that displays WebDivisor’s products, services in any space online or offline and/or the business, individual or entity that has signed up for WebDivisor’s Affiliate Program to receive commission from WebDivisor for sales resulting from such display at WebDivisor’s sole discretion.
"Affiliate Site" - the Affiliate’s Internet site which displays WebDivisor’s products and/or services.
"Products and Services" - web hosting product and service that are available for purchase through WebDivisor.com.
You are enrolled into WebDivisor’s Affiliate Program once you have completed the Affiliate Signup Form located at WebDivisor.com.
Your application will be automatically accepted and it will be your sole responsibility to ensure that our terms and conditions are not violated or infringed.
WebDivisor reserves the right, at its sole discretion, to terminate this agreement at any time, including, but not limited to, suspension, termination, and holding commission payments indefinitely, to any Affiliate, for any reason, including, but not limited to, inclusion of content that is, in Our opinion, unlawful, illegal, offensive, threatening, harmful, abusive, obscene, harassing, racially, ethnically or otherwise objectionable.
If We reject your application at any time, you may not reapply to Our Affiliate Program utilizing the same domain name/URL as a medium for displaying or coding Our affiliate tracking code used to track sales, unless, the violating content has been removed and a written permission from WebDivisor has been obtained.
Promotion of Our Affiliate Relationship
If You decide to participate as an Affiliate Site, We will make available to You a variety of graphics and text links for you to Use only for directing traffic to WebDivisor, which subject to the terms and conditions of hereof.
The links will serve to identify the Affiliate as a member of the WebDivisor Affiliate Program. The links can point to any location on Our Web site. You agree to cooperate with us to the fullest extent, including, but not limited to, maintaining the links/graphics, removing the links/graphics and updating the links/graphics.
You also agree to use only those graphics and text links provided by WebDivisor, unless you obtain permission in writing from WebDivisor in advance. Any information in regards to WebDivisor displayed on the Affiliate Site must be provided by Us, or approved by Us in writing, in advance.
We also ask you to provide Us with a link to Our home page from the Affiliate Site, although it is no necessary. All links and graphics must be placed on relevant pages on the Affiliate Site. Each link or graphic directing users from the Affiliate Site to Our site must not in any way alter the look, feel, or functionality of Our Web site.
You shall not create, publish, transmit or distribute, under any circumstance, any bulk electronic mail message, also known as “SPAM”, without prior written consent from WebDivisor. You may only send e-mails containing the WebDivisor Affiliate link to person(s) who have previously contacted You and whom consented to the fact that the Affiliate will be sending out an e-mail containing information about WebDivisor’s Products and Services. Failure to abide by this section, in any manner, will result in the immediate termination of this agreement, and will foreclose any rights you may have to any commissions.
Commission rates will be paid to Affiliates based on the sales received from the Affiliate Site. Sales generated through the Affiliate link entitles the Affiliate to earn a recurring commission of 50% of the sale amount for up to six months, which subject to the terms and conditions hereof.
Commission will be calculated at WebDivisor’s sole discretion after the sale received from the Affiliate Site has matured for a minimum of 45 days, commission may be withheld indefinitely for the following reasons, including, but not limited to, referred customer is not in good financial condition with WebDivisor, referred customer uses a coupon or promotion with their order in which case a flat rate commission of $25.00 will be credited, referred customer cancels their service on or before the 45 day mark.
WebDivisor reserves the right to review all commissions for possible fraud, including but not limited to, the use of software to generate sales. Any instance of fraud in WebDivisor’s opinion constitutes to a breach of this Agreement, WebDivisor retains full authority to terminate this Agreement immediately and indefinitely hold any or all commissions.
WebDivisor uses automated software to calculate commission amounts, which rarely lead to inaccurate results, in such a case of inaccurate results, WebDivisor reserves the right to, including, but not limited to, modifying all or any aspect(s) of commission, updating all or any aspect(s) of commission, and deleting commission records. WebDivisor at its sole discretion reserves the right to disclose or withhold system inaccuracy as well as the appropriate actions taken, and will not be obligated to provide any form of reason for the action taken.
Participation in Our Affiliate Program and payment of commission is conditioned upon your satisfactory completion of an Internal Revenue Service Form, W-9 or W-8, depending on the Affiliates country. WebDivisor reserves the right to withhold commission payments unless and until the Affiliate provides WebDivisor with the necessary and appropriate Internal Revenue Service Form.
United States Residents must file a W-9 form which can be found at the following Web site address: http://www.irs.gov/pub/irs-pdf/fw9.pdf
Non-United States Residents must file a W-8 form which can be found at the following Web site address: http://www.irs.gov/pub/irs-pdf/fw8ben.pdf
You may fax the form to +1.8185074432, e-mail the form to:
, or mail it to the following address:WebDivisor Affiliates
P.O. Box 11268
Glendale CA, 91226
United States of America
Please ensure that you include Your Affiliate account number on the top of any correspondence.
You may request commission payments via WebDivisor’s Affiliate Services area when commission amount meets or exceeds $25.00, minus any required taxes to be held under applicable law, and when the proper Internal Revenue Service Forms have been filed and approved by WebDivisor. Commission payments will either be paid by, including, but not limited to, check, money order, or PayPal. You will only be paid the commission amount for sales made solely by You and when or until the sale has matured for a minimum of 45 days. WebDivisor reserves the right, at its sole discretion, to modify the terms of commission payment and/or schedule.
Order Processing and Sale Reports
WebDivisor reserves the right, in our sole discretion, to reject and/or cancel orders that do not meet certain requirements that we may set from time to time. You must ensure that links from Your Web site to Our Web site are properly formatted to allow accurate tracking of referrals and commission amounts.
When You join Our Affiliate Program, You will be assigned unique login credentials and will be given the ability to enter Our Affiliate Services in order to view sale statistics as well as visitor tracking information.
The availability and prices of WebDivisor’s Products and Services may vary for the following reasons, including, but not limited to, time, region and specific end user requirements. You may or may not include pricing information in Your Affiliate Site or product descriptions. However, We will use reasonable efforts to ensure accurate information, although we can not guarantee the availability and pricing of any particular product.
Licenses and Use of WebDivisor’s Logos and Trademarks
We grant You a non-exclusive, non-transferable, revocable right to use Our logos and trademarks. However, you may not alter, modify, or change the licensed materials in any way. You may only use Our logos and trademarks for the sole purpose of promoting and selling Our Products and Services. You are only entitled to use the licensed material to the extent that you are a member in good standings of Our Affiliate Program. You may not use the licensed material in any manner that portrays, including, but not limited to, WebDivisor, Our Affiliates, Our Partners, Our Employees and Our Customers in any negative way or light. We may revoke your license at any time for any reason. If not revoked, the license will expire upon the termination or expiration of this agreement.
You grant to Us a non-exclusive license to use Your names, titles, logos and trademarks in any manner to promote Our brand name and/or Products and Services, including, but not limited to, publicizing, promoting, advertising, and marketing. This license will terminate upon the expiration or termination of this Agreement.
The term of this Agreement will begin immediately after you submitted Your Affiliate Program application. The term will end when terminated by either party, with or without cause, by giving the other party a written notice of termination. You are only eligible for receiving commissions during the term and commissions earned after or before the term will be held indefinitely.
WebDivisor reserves the right to revise, amend, or modify this Agreement and all of Our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be deemed when the new information is posted within this document or any other online agreement. Affiliates will not be necessarily notified in writing of these changes. Please check this and all other WebDivisor agreements and documents frequently for changes. If any modification is unacceptable to You, Your only choice would be to terminate this agreement. Your continued participation in Our Affiliate Program following the changes in this Agreement on Our Web site will constitute binding acceptance of the changes.
You and WebDivisor are independent parties, and nothing in this Agreement will create, including, but not limited to, any form of partnership, joint venture, franchise, and employment relationship. You will have no authority to make, accept, or reject any offers or representations on Our behalf. You will not make any statements in any form that would reasonably contradict this Agreement.
WebDivisor will not be responsible for any damages your business may suffer. WebDivisor makes no warranties of any kind, expressed or implied for the Products and Services We provide. WebDivisor disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all interruptions caused by WebDivisor and its employees. Affiliates shall not transfer or assign this agreement without the prior written consent of WebDivisor. However, WebDivisor may assign the Affiliate's contract, in part or in whole, at anytime without consent from or notice to the Affiliate. WebDivisor reserves the right to cancel Affiliate’s rights under this contract at anytime without further obligation. Failure to follow any term or condition will be grounds for immediate Agreement termination.
Warranties and Representations
You hereby represent and warrant to us as follows:
You are at least 16 years of age. There is no pending, including, but not limited to, threatened claim, action, or proceeding against You, Your Affiliates, with regards to the execution, delivery, and/or consumption of this Agreement. You are the sole and exclusive owner of the Affiliate Trademarks and have the legal right and power to grant Us the license to use Your Trademarks in the manner described in this agreement, such grant does not and will not breach, conflict with, or constitute any form of agreement applicable to You or binding upon Your assets or properties, or infringe upon any trademark, trade name, copyright, or other proprietary and intellectual right of any other person or entity. The execution, delivery, and performance by You of this Agreement will not, with or without giving of notice, the lapse of time, conflict with or violate, any provision of law, rule or regulation to which You are subject to, any order, judgment, or decree applicable to You or binding upon Your assets or properties.
This Agreement has been duly and validly executed and delivered by You and Your Affiliates and constitutes Your legal, valid, and binding obligation.
You agree to release, indemnify, and hold WebDivisor, its contractors, agents, employees, officers, directors and Affiliates, harmless from all liabilities, including, but not limited to, claims and expenses, including attorney’s fees, of third parties arising out of or relating to Our Affiliate Program including without limitation infringement by You or a third party with access to your Affiliate services account. You also agree to release, indemnify and hold Us harmless pursuant to the terms and conditions contained in the applicable policy. When we are threatened with a suit by a third party, we may ask written assurances from You concerning Your promise to indemnify Us; Your failure to provide those assurances may be considered by Us to be a breach of your Agreement and may result in the suspension or cancellation of Your Affiliate services account, including the holding of Your commissions indefinitely. This indemnification obligation will survive the termination or expiration of this Agreement.
If this Agreement expires or is cancelled by WebDivisor for any reason, WebDivisor will not be liable for indirect, special, incidental, loss of any profits or prospective profits, anticipated sales, investments, leases, or for any other reason flowing from the termination or expiration of this Agreement. If you terminate this Agreement, WebDivisor will not be obligated to pay your commissions accrued before or after the termination or any other amounts WebDivisor may owe you under this Agreement.
You agree that all information including, but not limited to, the terms of this Agreement, business and financial information, customer and partner lists, pricing information, sales information, and Affiliate statistics, shall remain strictly confidential and shall not be utilized for any purpose outside the basis of this Agreement except and solely to the extent that such information is disclosed in published materials or generally known to the public. You can disclose this information under the obligation of law, without limitation, for the reasons applicable by law, rule, regulation, or legal process. You may also disclose such information in a confidential manner to Your accountants, attorneys, or other agents on a confidential basis.
You have independently evaluated Our Affiliate Program and your participation indicates that you are not relying on any, including, but not limited to, representation, guarantee, or statement other than as set forth in this agreement.
Regardless of the place of signing contract was entered into and performed in Los Angeles, California, and any dispute will be litigated or arbitrated in Los Angeles County, California. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction is any such litigation will be held in Los Angeles County Courts. In no even shall WebDivisor's maximum liability exceed five hundred ($500.00) dollars for any reason. WebDivisor also reserves the right to refuse service to anyone.
I INDICATE MY APPROVAL OF THIS AGREEMENT BY SUBMITTING THE AFFILIATE PROGRAM ENROLLMENT FORM AND AGREED TO BE BOUND BY ITS TERMS AND CONDITIONS.
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