By registering as a Jortex Hosting affiliate you are
agreeing to the terms and conditions set out below
Please read this agreement carefully before registering and using the Jortex Affiliate
Scheme. By signing up for the Jortex Hosting affiliate program, you
indicate your acceptance of this agreement and its terms and conditions.
This Agreement contains the complete terms and conditions that apply to your
participation as a member of the Jortex Hosting Affiliate Program..
AA-1. Enrollment in this Program. To begin the enrollment process, you will submit
a completed Program Application through our website. Your account will be
instantly active in our program. We will evaluate your account in good faith to
ensure you comply with all our rules and agreements. We may reject your account
if we determine that your site is unsuitable for the Program for any reason,
including, but not limited to, if your site incorporates images or content that
is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as
sites that facilitate illegal activity or promote violence or promote or assist
others in promoting copyright infringement (collectively, "Content
Restrictions").
AA-2. Utilizing Links on Your Site. As an affiliate website of Jortex Hosting, you may
use any form of promotion you choose, consistent with the terms of this
Agreement. You may use banner advertisements, button links and/or text links to
our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your
behalf that we determine or reasonably suspect to be the result of an
unsolicited bulk e-mail program will result in your immediate termination from
the Program and your forfeiting of monies otherwise due to you. Allowable
promotional links may contain Jortex Hosting's names, service marks, and/or
logos for display on your Web Site. Subject to the terms and conditions
hereof, you are granted a limited, non-exclusive, non-transferable license to
access and download such Links and other designated promotional materials for
placement on your Web Site for the sole and exclusive purpose of promoting
websites owned, operated or controlled by Jortex Hosting. In utilizing the Links, you
agree that you will cooperate fully with us in order to establish and maintain
such Link or Links. A Link may only be visually modified with our consent.
AA-3. Commissions. Please refer to our commission payout rate on our affiliate
page. The Commission Rate is subject to change from time to time.
AA-4. Payment. Monies due and owing to you under the Program will
be paid to you directly by Jortex Hosting's parent group "FS Internet Services". Payments will be
made via PayPal. There will be a 90 day hold from the time you generate a
signup, and the time you are eligible to be paid on that signup. If during the
90 day hold the Referral takes advantage of our 30
day money back guarantee your commission will be forfeited. No commission will
be paid for signups by you or anyone within your organization. New signups must
stay a minimum of 90 days for you to have full claim to the affiliate payout. We
have the right to subtract the payout fee if a customer requests a refund within
this 90 day period.
AA-5. 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. We shall have no responsibility for the development,
operation and maintenance of your site and for all materials that appear on your
site. You shall also be responsible for ensuring that materials posted on your
site do not violate or infringe upon any laws, including but not limited to
copyrights, trademarks, privacy, or other personal or proprietary rights, and
ensuring that materials posted on your site are not libelous or otherwise
illegal. You must have express permission to use another party's copyrighted or
other proprietary material. We will not be responsible if you use another
party's copyrighted or other proprietary material in violation of the law. In
addition to the foregoing, we will immediately terminate your participation in
the Program if we believe you have engaged in any of the following:
- Unsolicited mass e-mail solicitations, IRC postings or any other form of
spamming, including but not limited to, newsgroups or AOL customers or otherwise
violate the anti-spamming policies of Jortex Hosting;
- Provide inaccurate or incomplete information to
Jortex Hosting concerning your
identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions of our sites or your
sites;
AA-6. Term of the Agreements. The term of this Agreement will begin upon our
acceptance of your Affiliate Program Application and will end when terminated by
either party. Either you or we may terminate this Agreement at any time, with or
without cause, by giving the other party notice of termination. Notice by
e-mail, to your e-mail address on our records, is considered sufficient notice
for to terminate this Agreement. If this Agreement is terminated because you
have violated the terms of this Agreement you are not eligible to receive any
payments, even for payments earned prior to the date of termination. If this
Agreement is terminated for any other reason, you are only eligible to earn a
commission on sales occurring during the term of the Agreement, and payments earned through the date of termination will remain
payable only if the related orders are not cancelled or terminated. We reserve the
right to withhold your final payment for a reasonable time to ensure that the
correct amount is paid.
AA-7. Modification. We may modify any of the terms and conditions and payout
rates contained in this Agreement, at any time and at our sole
discretion. Notice of any change by e-mail, to your address on our records, or
the posting on our site or community forum of a change notice of a new agreement, is considered
sufficient notice for notifying you of a modification to the terms and
conditions of this Agreement. Modifications may include, but are not limited to,
changes to the percentage of payout fees, payment and withdrawal schedules, payment
procedures, and Affiliate Program rules. All such modifications shall take
effect 48 hours after we serve notice as provided above, unless we indicate
otherwise. If any modification is unacceptable to you, your only recourse is to
terminate this Agreement. Your continued participation in the Affiliate Program,
following our posting of a change notice or new agreement on our site, will
constitute binding acceptance of the change.
AA-8. Relationship of Parties. You and Jortex Hosting 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 Section.
You are not an agent of Jortex Hosting and Jortex Hosting expressly disclaims responsibility for any conduct
by you in violation of our terms of agreement.
AA-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 Affiliate Program, even if we have been
advised of the possibility of such damages. Further, any financial liability
arising with respect to this Agreement and the Affiliate Program will not exceed
the total commissions paid or payable to you under this Agreement.
AA-10. Disclaimers. We make no express or implied warranties or representations
with respect to the Affiliate Program or any services or other items
sold through the Program (including, without limitation, warranties of fitness,
merchantability, 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 we will not be liable for the consequences of any interruptions
or errors.
AA-11. Representations and Warranties. You hereby represent and warrant to us that
this Agreement has been duly and validly executed and delivered by you and
constitutes your legal, valid and binding obligation and agreement, enforceable against you in
accordance with its terms; and that the execution, delivery and performance by
you of this Agreement are within your legal capacity and power; have been duly
authorized by all requisite action on your part; require the approval or consent
of no other persons; and neither violate nor constitute a default under the (i)
provision of any law, rule, regulation, order, judgment or decree to which you
are subject or which is binding upon you, or (ii) the terms of any other
agreement, document or instrument applicable to you or binding upon you. Should
any law enforcement agency or internet service provider provide Jortex Hosting with
notice that you have engaged in transmission of unsolicited bulk e-mails or have
otherwise engaged in unlawful conduct or conduct in violation of said service
provider's terms of service, we reserve the right to cooperate in any
investigation relating to your activities including disclosure of your account
information in connection therewith.
AA-12. Confidentiality. We may disclose to you certain information as a result of
your participation as part of the Program, which information we consider to be
confidential (herein referred to as "Confidential Information"). For purpose of
this Agreement, the term "Confidential Information" shall include, but not be
limited to, any modifications to the terms and provisions of this Affiliate
Program Agreement made specifically for your site and not generally available to
other members of the Affiliate Program, website, business and financial
information relating to Jortex Hosting, customer and vendor lists relating to
Jortex Hosting
and any members of the Affiliate Program, other than you.
AA-13.Indemnification. You hereby agree to indemnify, defend and hold harmless
Jortex Hosting,from and against any and all claims, losses, liabilities, damages or
expense (including attorneys' fees and costs) of any nature whatsoever incurred
or suffered by us (collectively the "Losses"), in so far as such Losses (or
actions in respect thereof) arise out of or are based on (i) any claim or
threatened claim that our use of the Affiliate Trademarks infringes on the
rights of any third party; (ii) the breach of any promise, covenant,
representation or warranty made by you herein; or (iii) or any claim related to
your site.
AA-14. Miscellaneous. Terminated accounts cannot later apply to the Program without
our express written consent. You may not copy or edit this agreement without our
prior written consent.
AA-15. You are not permitted to self refer yourself. For instance, if you join our
affiliate program and use the link code to signup for your own personal account,
you will not receive your affiliate commission.
Participants caught violating or attempting to circumvent these rules may have
all affiliate credit voided and may not receive payouts. They may also be
banned from any further participation in this program and may have their hosting
account suspended or terminated depending on the nature of the violation.
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