Affiliate Terms Of Service
This Affiliate program agreement (this "Agreement") is between Hawk Host Inc.,
a web hosting company formed under the laws of the Province of Ontario
with its principal office at 100 Consilium Place Suite 200 Scarborough, Ontario, M1H 3E3 Canada
("Hawk Host") and the person (individual or legal person) whose signs
Hawk Host's affiliate program (the "Order") incorporating
this Agreement by reference ("User"). This Agreement governs
User's participation in Hawk Host's affiliate program
Table of Contents
- Enrollment
- Site Links
- Commissions
- Your Website
- Paid Search
- Minimum Payment Threshold
- Terms of Agreement
- Relationship of Parties
- Limitation of Liability.
- Disclaimers
- Representations and Warranties
- Indemnification
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To start the enrollment process, you will need to sign up through our website at
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 in our sole discretion 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.
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As an affiliate website of Hawk Host, 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 under any circumstance be involved in 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 you hereunder. Allowable promotional links may contain Hawk Host's trade
names,
service marks, and/or logos for display on your Affiliate 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
Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or
controlled by Hawk Host. 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.
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Affiliate commissions for shared, reseller, and semi-dedicated hosting referrals are 40% of the
first payment of final invoice price. For example you refer a user who signs up for the
Professional shared plan for one year. The invoice price is $107.88, you will receive
$107.88 x 40% = $43.15. Cloud compute referrals earn a one time $5.00 flat fee commission
per order on eligible compute plans (2GB and up), regardless of the order/invoice total for
the compute.
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Commissions deemed due and owed to you under the program will be paid to you directly by
Hawk Host after any holding period and in accordance with a regular payout cycle established
by Hawk Host. No commission will be paid for signups by you, your household, or anyone
within your organization. Hawk Host reserves the right to only pay for referrals that are
active. Active is defined by clients with a website and domain name pointed to a Hawk Host
server with user uploaded content. Commissions can be earned per each new client referred
through the unique affiliate link.
All commissions are paid by Paypal
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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.
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.
Hawk Host expressly requires you to disclose that there is a "material connection"
between you
and Hawk Host any time you offer an endorsement or testimonial on our services. Such disclosure
should be clear and
prominent, meaning close to the endorsement or testimonial.
You agree that you will maintain and follow a privacy policy that complies with all applicable
laws and regulations regarding the privacy of visitor information, be commercially reasonable,
and fully and accurately disclose your collection and use of visitor information.
Please note: You should obtain legal advice on how to fully comply with these responsibilities
in your specific situation.
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 otherwise violate the anti-spamming policies
of Hawk Host.
- Provide inaccurate or incomplete information to Hawk Host 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;
- Engage in popup advertisement network activities;
- IFrames may not be used unless given express permission by Hawk Host, sales made through
hidden IFrames or Cookie Stuffing methods will be considered invalid
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You may not under any circumstance infringe on Hawk Host trademarks, or any variations and
misspellings
when utilizing paid search. Examples of prohibited keywords would contain
"hawkhost", "hawk host", "HawkHost", "Hawk Host" "www.hawkhost.com",
"hawkhost.com", "hawkhost coupons",
"hawkhost reviews". This is an example and not strictly limited to the keywords
mentioned.
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Affiliates must earn a minimum affiliate account balance of $100 or more before their account is
eligible for payment.
Account balances under $100 will remain until the user is eligible to be paid out.
Affiliates must earn a minimum affiliate account balance of $100 or more before their account is
eligible for payment.
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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 commissions payments, even for commissions 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
commissions earned through the date of termination will remain payable only if the related
orders are not canceled or returned. We reserve the right to withhold your final payment for a
reasonable time to ensure that the correct amount is paid.
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You and Hawk Host 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 the Hawk Host and
Hawk Host expressly disclaims responsibility for any conduct by you in violation of our terms of
agreement.
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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, our aggregate 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.
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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, our aggregate 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.
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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, 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 Hawk Host 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.
- You hereby agree to indemnify, defend and hold harmless Hawk Host,
officers, directors, employees, agents, affiliates, successors and assigns, 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.