HOSTINGER ROMÂNIA

AFFILIATE PROGRAM AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Last Revised: 2017-11-21 14:45

1. OVERVIEW

This Affiliate Program Agreement (this "Agreement", "Affiliate Agreement", "Terms and Conditions", "Affiliate Terms and Conditions", "Affiliate Agreement") is entered into by and between Hostinger International Ltd, a Cyprus private limited company ("Hostinger România") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of the Affiliate Program (the "Affiliate Program" or the "Services"). Your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged and agreed to be bound by this Agreement, along with Hostinger România's Universal Terms Of Service Agreement, which is incorporated herein by reference. The terms "we", "us" or "our" shall refer to Hostinger România. The terms "you", "your", "User", "customer" or "Affiliate" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Hostinger România, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Hostinger România website (this "Site"). You acknowledge and agree that (i) Hostinger România may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Hostinger România may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current. Hostinger România assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

2. PARTICIPATION IN THE AFFILIATE PROGRAM

In order to enroll in the Affiliate Program, you need to submit your application through the affiliate signup form on the ("Hostinger România") website (the Website). All affiliate signups are reviewed by us before deciding if an application is accepted. If we determine that your application is not suitable for the Affiliate Program, it may be rejected for any reason.

3. YOUR RESPONSIBILITIES

As a ("Hostinger România") Affiliate you agree that:

  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, tax information, all website URL(s) where ("Hostinger România") is promoted, promotional means and practices and any other details we may request. ("Hostinger România") reserves the right to request any additional information about each website, where ("Hostinger România") is promoted and any additional information about the practices used to promote ("Hostinger România") on those websites. 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. The Affiliate must act in good faith and refer clients in good standing. Clients in good standing are your referred web hosting account owners that have provided valid contact information, have active accounts that do not exceed any limitations as per the ("Hostinger România") Terms of Service and are not flagged for high fraud risk. Active account refers to your referred new users who have created an account and have not canceled it in more than 35 (thirty five) days.
  3. You should not make any recommendations or take any actions that would result in a potential revenue loss for ("Hostinger România").
  4. You should not use any marketing practices that may attract clients that are not in good standing.
  5. You should not act in your own will as per modifying, copying or altering any banners, icons, graphics or any other content that is contained in ("Hostinger România")’s Links including but not limited to altering and modifying any copyright or trademark notices, without prior written approval from ("Hostinger România").
  6. You shall not use self-referral methods, you can’t click on your affiliate links and/or banners and make orders via your unique affiliate link.
  7. The Affiliate should not engage in any blackhat seo/spam link building techniques in order to generate more referrals for ("Hostinger România").
  8. You agree not to violate any applicable law.
  9. You should be loyal to ("Hostinger România") and should not misuse its confidence and shall not damage ("Hostinger România") reputation.
  10. Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;

If ("Hostinger România") suspects or detects a patterns of violations of the Affiliate Terms and Conditions, ("Hostinger România") reserves the right, as a result of Terms and Services violation, to suspend and/or terminate your Affiliate account and cancel all commission payments due.

4. AFFILIATE ADVERTISING

Only promotional materials that are approved by ("Hostinger România") may be used in the Affiliate’s Site in order to advertise ("Hostinger România"). Approved promotional materials refer to the materials that are provided in your Affiliate Area. Approved promotional materials may contain ("Hostinger România") trademarks, service marks, logos and slogans for you to display on your Affiliate Website. By signing this agreement we grant you a non-exclusive, limited and non-transferable license to access, download and place the approved promotional material on your website with the sole purpose to promote websites operated, controlled and owned by ("Hostinger România").

If by the decision of any party the Affiliate Agreement is terminated, upon termination your non-exclusive, limited and non-transferable license to access, download and place the approved promotional materials of ("Hostinger România") will be immediately and automatically withdrawn.

Inappropriate ways of advertising include, but are not limited to:

  1. The Usage of any illegal and/or spam method of advertising, such as: unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
  2. Bidding on keywords and phrases containing the "("Hostinger România")" trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the ("Hostinger România") Website(s) as display URL in PPC ads and to direct-link or redirect to the ("Hostinger România") Website(s);
  3. Using non-unique copyright infringing content to promote ("Hostinger România");
  4. Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
  5. Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
  6. Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
  7. Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
  8. Using iframes or any other techniques or technology that places your affiliate tracking cookie in any means other than an actual click-through;
  9. Using link cloaking or masking techniques or technology with the goal to promote ("Hostinger România") on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
  10. Your website(s) must NOT contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The declaration of any materials as such is subject to our reasonable opinion;
  11. Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the "("Hostinger România")" trademark or any other variations or misspellings confusingly similar to ("Hostinger România") trademark, name, logo or domain name, without our prior approval;
  12. Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorised by the trademark owner.

("Hostinger România") shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due.

5. AFFILIATE TRACKING COOKIES

We track affiliate sales automatically by using cookies. The cookies are automatically placed in the browser of user who clicks on the affiliate link in order to reach our website. Every cookie is stored for 60 days. If a previous affiliate’s cookie is already placed in the same user’s browser it will be overwritten with the new cookie. If cookies are deleted intentionally by the user, ("Hostinger România") does not hold responsibility for this action.

6. AFFILIATE COMMISSIONS

("Hostinger România") pays you a per-sale commission for every valid sale that you refer to our website. The sale is valid only if ALL of the following conditions are true:

  1. The sale was made due to your referral efforts and all of the following statements are true:
  2. At the time of the sale, your Affiliate account was active. No commissions will be paid for sales that were made before you’ve registered for our Affiliate program.
  3. Your referred client has not used our services before and has not signed up for an affiliate account with us before.
  4. The order process was completed by the customer himself without your additional help.
  5. The sale made is for any of our web hosting plans. Sales that were made for additional account features or other services do not qualify for commissions.
  6. If the sale is for SHARED (Single/Premium/Business) web hosting, you will receive the exact amount of commission as paid by the client for web hosting only. Any applicable taxes, fees, additional services (such as personal information protection) and domain prices are excluded. (Example: a client bought ("Hostinger") Premium pack for a year with an .xyz domain included and paid 85.01 USD (taxes included). Here’s how your commission will be counted: $85.01 - 14.75 (VAT 21% (depends on the country)) - $0.18 (ICANN fee) - $0.99 (.xyz domain price)= $69.09 commission). In total, you will receive 69.09 USD commission.
  7. If the sale is for ("Hostinger") VPS 1/2/3/4/5/6 plans, you will receive 50% (fifty percent) commission. Any applicable taxes, fees, additional services (such as personal information protection) and domain purchases are excluded. (Example: a client bought ("Hostinger") VPS 4 pack for a year and paid 521.99 USD (taxes included). Here’s how your commission will be counted: ($521.99 - $90.59 (VAT 21% (depends on the country)))*50% = $215.70). In total, you will receive 215.70 USD commission.
  8. You can choose to promote more than one Hostinger brand. For example you can promote hostinger.com and hostinger.fr. The commission system remains the same as described above.
  9. For whichever brand you promote, if the currencies differ, at the moment of the purchase of your referred client, the system will automatically convert the applicable currency to USD, for example: if you promote hostinger.fr the currency is EUR and for a purchase your client made you should get 20 EUR commission and on that day 1 EUR = 1.12 USD, the amount of commission you’ll get is 20*1.12 = 22.40 USD. When you wish to withdraw money from your PayPal account in another currency, the amount of commission will be automatically reconverted based on the currency ratio of that particular moment, for example: on the day of the money withdrawal 1 USD = 0.90 EUR and you wish to withdraw 100 USD, you will get 100*0.9=90 EUR.
  10. Commissions generated from promoting more than one Hostinger brand will not be calculated separately and all your commissions will be in one place.
  11. The sale for any of our web hosting plans at any billing cycle. If the sale is for SHARED web hosting, you will receive the exact amount of commission as the client paid for web hosting (example: client bought ("Hostinger România") Single/Premium/Business pack and paid $50 USD, that means you’ll receive 50 USD in commission). If the sale is for ("Hostinger România") VPS plans, you will receive 50(fifty)% commission( example: client bought ("Hostinger România") VPS1/2/3/4/5/6 pack and paid 50 USD, that means you will receive 50*50%=25 USD in commissions).
  12. For the minimum required period (more than 35 days for accounts initially ordered with any billing term), the referred client has maintained his account active and domain name pointed to ("Hostinger România")’s servers with a website with user-uploaded content. User-uploaded content refers to content that is different from any default installation made by auto-install tools that we provide.
  13. The sales made of hosting service accounts that are suspended by ("Hostinger România") or canceled by the client for any reason do not qualify for an affiliate commission.
  14. The sales made of hosting service accounts that are created or canceled by you do not qualify for an affiliate commission.
  15. The initial order renewal payments and any related/additional service payments of the referred customer are fully processed and are not subject to refund or chargeback.

Without providing any explanation or justification, ("Hostinger România") remains the right to mark any referral payment as invalid at our own discretion.

7. COMMISSION PAYMENTS

("Hostinger România") will pay all affiliate commissions in the currency and based on the structure described in the Affiliate sign-up page, unless a custom agreement in writing has been made with an affiliate. Any commissions will be paid out after at least 35 days from the day that a valid sale was made. ("Hostinger România") remains the right to extend the holding period without prior notice for as long as it is reasonably necessary in order to validate a sale or as described in Terms and Conditions of this Agreement.

We process commision payouts once per month in the minimal value of $75. Affiliate commissions are paid out via Paypal and you are solely responsible for any transactional fees that may apply, unless you have a custom Affiliate Agreement with ("Hostinger România") in writing.

You are fully responsible of keeping ALL your account details and personal information, such as name, email address, payment information, etc., up to date. If your personal/account details are not up to date we will suspend any commission payouts until we’re provided with accurate information. Suspended commissions payouts can be claimed in a period of six months from the original date they we’re supposed to be claimed.

Your commissions may be suspended at any time and for any period if any fraudulent or improper activity of any kind is suspected or a potential violation of this Agreement by your referred clients or you is suspected.

For any sales that are questionable, fraudulent or canceled, ("Hostinger România") reserves the right to deduct from your future and current commissions paid out. In case no future or current commissions are due, ("Hostinger România") will send you a bill for the balance of the refunded purchase upon the termination of the program or termination of the referred client account.

8. INVOICING

We will provide you with commissions statement due in your Affiliate Area.

If it is applicable in your country of residence, self-billing invoices will be issued for all commission payouts with applicable taxes included. Until the termination of your account, the Affiliate Program Terms and Conditions will be considered a valid self-billing agreement between ("Hostinger România") and you. By signing up for this Affiliate Agreement you agree and accept self billing invoices that will be raised by ("Hostinger România"), you agree to raise no sales invoices for any commission payouts that you receive from ("Hostinger România") and agree on notifying us immediately if you change your company details, name or tax region status.

9. RELATIONSHIP OF THE PARTIES

Both the Affiliate and ("Hostinger România") agree that they are entering into this Affiliate Agreement as independent contractors and this agreement creates no partnership, agency franchise, joint venture, sales representative or employment relationship between them. You have no authority to accept or make any representations or offers on the behalf of ("Hostinger România"). You cannot make any statements on your website or otherwise that would contradict anything in this section.

10. ACCOUNT TERMINATION

At any time you can cancel and terminate your affiliate account by contacting us through the Affiliate Area. ("Hostinger România") will send you a confirmation that your account has been terminated, as requested.

("Hostinger România") can terminate an affiliate account:

  1. With a seven-day prior notice without providing any explanation.
  2. Immediately without any prior notice, if your affiliate account or you violate the Affiliate Program Terms and Conditions.

After an affiliate account is terminated, the sales associated with the affiliate will no longer be tracked by us and you will no longer qualify for any future commissions. If any commissions are due at the time of termination, they will be paid to the Affiliate after any applicable holding period with the regular payout cycle. No outstanding commission payments will be due if your account is terminated due to the violation of these Terms and Conditions and an administrative fee of 125 USD (or the equivalent in the currency that is listed in your Affiliate Area) will be due by the Affiliate.

Once the Affiliate account is terminated, the Affiliate is obliged to remove any and all promotional materials, links, logos, trademarks, and slogans of ("Hostinger România") from his website within the period of 3 business days. This provision survives the termination of the Affiliate Agreement. Upon the termination of this Affiliate Agreement, the Affiliate no longer has the right to use any of ("Hostinger România") trademark(s), logo(s), and slogan(s) and will refrain from any actions that may affect the reputation, the image and any business relations with current and potential clients of ("Hostinger România"), directly or indirectly.

Once the Affiliate account is terminated, this Affiliate Agreement is terminated automatically.

11. LIMITATIONS OF LIABILITY

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE ONE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

This provision survives the termination of the Affiliate Agreement.

12. GOVERNING LAW

Any controversy, claim or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation where the ("Hostinger România") entity servicing your Affiliate account is located.

13. CHANGES TO THE AFFILIATE PROGRAM TERMS

We remain the right to change any policies or terms of this Affiliate Agreement. The amendments and/or supplements of the Agreement are effective immediately upon being posted to ("Hostinger România") website. The current Terms and Conditions of the Affiliate Agreement are always available publically on ("Hostinger România")’s website. If by any means you do not agree with the amendments and/or supplements of the Affiliate agreement, you can cancel your account within 10 business days, counting from the date of the amendments and/or supplements. Only an official ("Hostinger România") officer has the right to make any amendments and/or supplements to this Affiliate Agreement. No agent of, or person employed by or under contract with, ("Hostinger România") has any authority to alter or vary this Affiliate Terms and Conditions Agreement in any way. No oral explanation or oral information given by any party shall alter the interpretation of this Affiliate Agreement.