January 2012 - Version 2.1
Please read the following carefully.
The following is the myhosting® (“We”, “Our”, “myhosting” or “myhosting.com”) Affiliate Program Acceptable Use Policy (the “APAUP”). The APAUP defines the terms and conditions that you (“You”, “Your” or “Customer”) agree to when You participate in the myhosting.com Affiliate Program (the “Affiliate Program”). Please read these terms and conditions carefully before participating in the Affiliate Program. BY CONTINUING TO PARTICIPATE IN THE AFFILIATE PROGRAM, YOU ARE CONSENTING TO BE BOUND BY THE APAUP, AND ALL RELATED POLICIES AND GUIDELINES OF MYHOSTING.COM, IF ANY, AS INDICATED IN THIS APAUP ARE INCORPORATED BY REFERENCE.
myhosting.com reserves the exclusive right to revise, change or amend any portion of the APAUP, or any other policies or guidelines governing the Affiliate Program, at any time, in its sole discretion and without advance notice to You. You agree to comply with all policies regarding permitted and prohibited uses of the Affiliate Program that may be posted by myhosting.com on the myhosting.com website (the “Site”). Any changes will be effective upon posting of the revisions on the Site. Your continued participation in the Affiliate Program will be subject to the most current version of the APAUP posted on the Site at the time of such use. You may view the most current version of this policy at http://myhosting.com/privacy-policy/affiliate-aup.aspx. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THE APAUP, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
At the sole discretion of myhosting.com, a violation of this APAUP may result in the cancellation of Your participation in the Affiliate Program – with forfeiture of any Commissions owed to You at the time of termination – and the possibility, if appropriate, of civil and/or criminal proceedings.
Commissions deemed due (the “Commission Fees”) owed to You under the Affiliate Program will be paid to You directly by myhosting.com after an appropriate holding period and in accordance with a regular payout cycle established by myhosting.com. myhosting.com reserves the sole and exclusive right to determine what is and is not eligible as a Qualified Affiliate Sale (the “Qualified Affiliate Sale”), this includes potentially the exclusion of any sales originating from You personally, from members of your immediate family and household, and anyone within Your organization. A Qualified Affiliate Sale must be an Active customer, defined as a myhosting.com customer that maintains and has uploaded content to a website and has a domain name pointed to a myhosting.com server.
Commissions will only be considered earned for each new client referred through the unique Affiliate Link (the “Affiliate Link”) that successfully signs up for services from myhosting.com and remains active for a minimum of sixty (60) days after activation. Any Referrals signing up for free domain name services will be subject to manual review and may be deemed ineligible to qualify as a Qualified Affiliate Sale under this program.
2. LINK PLACEMENT
Any and all creative tools used by You must be done in such a way that it is not considered misleading to any website visitor and done with the intention of delivering valid traffic (sales, leads or clicks) to myhosting.com and/or related Sites.
myhosting.com has zero tolerance for abuse and fraud. This includes, without limitation, order fraud, misrepresentations of myhosting.com , any of myhosting.com’s Services, traffic hijacking, or any other kind of inappropriate and/or illegal behaviour whatsoever.
4. PPC MARKETING / KEYWORD BIDDING / BRAND PROTECTION
The purchase of PPC (Pay-Per-Click) listings to promote Your website for the purpose of improving Your web traffic, is acceptable, as long as You refrain from using any registered trademarks of any 3rd party, including any registered trademarks owned by myhosting.com and any related company. myhosting.com trademarks include: myhosting, mail2web and softcom.
Brand Terms may be used in the title and the copy of the advertisement. Coupon, discount or sale terms can be used if any of the coupon, discount or sale campaign is active at that time.
Any violation of these specific terms could result in a warning, suspension, account termination, and forfeiture of any unpaid Commission Fees owed by myhosting.com. myhosting.com will exercise commercially reasonable means to protect against any such unauthorized use of any trademarks.
myhosting.com has zero tolerance for unsolicited e-mail of any kind. You are not permitted to use and/or make any reference to myhosting.com in an unsolicited e-mail. This includes the use of the myhosting.com name, link or even a link to another website containing references to myhosting.com. Affiliates found in violation will be terminated and will forfeit any rights to any unpaid Commission Fees owed by myhosting.com.
6. PARASITEWARE AND TOOLBAR AFFILIATES
myhosting.com has zero tolerance for parasitewares and toolbar affiliates. If You are found to be involved in any of these activities deemed inappropriate and in violation of this APAUP, myhosting.com will terminate You and You will forfeit any rights to any unpaid Commission Fees owed by myhosting.com.
7. TERMINATION OF SERVICE
When myhosting.com becomes aware of any alleged violation of this APAUP, myhosting.com will immediately initiate an investigation. Myhosting.com, may at its own discretion anytime during an investigation, restrict, suspend, or terminate Your access to the Affiliate Program in order to prevent any further possible unauthorized activity, and pursue other legal remedies. If such violation is a criminal offense, myhosting.com will promptly notify the appropriate law enforcement officials of such violation. You hereby authorize myhosting.com, its affiliates, suppliers and agents to cooperate with law enforcement authorities in the investigation of suspected criminal violations. Such cooperation may include myhosting.com providing the username, IP address or other identifying information about You.
Notwithstanding the above, myhosting.com reserves the right, in its sole and absolute discretion, to terminate Your participation in the Affiliate Program, at anytime for any reason. myhosting.com will be required, at the date of termination, to pay any unpaid earned Commission Fees owed to You, as long as your participation in the Affiliate Program is not terminated for cause by myhosting.com.
8. LIMITATION OF LIABILITY
You expressly understand and agree that in no event shall myhosting.com, its directors, officers, shareholders, employees, agents or advisors be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if myhosting.com has been advised of the possibility of such damages under contract, warranty, negligence, strict liability or any other theory), resulting from: (i) the use or the inability to use the Affiliate Program, the Site or any content; (ii) any third party claims that Your participation in the Affiliate Program or the content violates any intellectual property right; or (iii) any other matters relating to the Affiliate Program, the Site or the content.
10. GOVERNING LAW
The Affiliate Program shall be governed by and construed in accordance with the laws of the province of Ontario under Canadian law without regard to any conflict of law principles.
If for any reason a court of competent jurisdiction finds any provision of this Affiliate Program invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect.
11. FORCE MAJEURE
myhosting.com shall not be liable for any failure or delay in its performance under this Affiliate Program due to causes beyond its reasonable control, including, without limitation, server, software, network issues outside the direct control of myhosting.com, labor strikes or shortages, riots, insurrection, fires, flood, storm, explosions, act of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages.
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