Terms of Service and Conditions of Use for FDW Hosting Company' s Internet Affiliates
Welcome to F.D.W.Hosting Company. F.D.W. Hosting Co. and its affiliates provide products and services to clients all around the world. F.D.W. Hosting Co. has the responsibility to protect each client and provide them with the best services available. The following conditions were designed to insure our products and services. If you visit, shop, or use any of our products and services at F.D.W. Hosting Co., you accept these conditions. Please read them carefully. In addition, when you use any current or future F.D.W. Hosting Co. products and services or visit or purchase from any business affiliated with F.D.W. Hosting Co., whether or not included in the F.D.W. Hosting Co. Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
TERMS OF AGREEMENT
The term of this Agreement will begin upon our acceptance of your Affiliate 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 written notice of termination. You are only eligible to earn referral fees on sales occurring during the term of this agreement.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
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 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 Program will not exceed the total referral fees paid or payable to you under to this Agreement.
ACKNOWLEDGMENT OF TERMS
You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
COMMERCIAL ADVERTISING - EMAIL SPAM
Spamming, or the sending of unsolicited email, is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. F.D.W. Hosting Co. will be the sole arbiter as to what constitutes a violation of this provision. "Opt-in," or email sent with permission from the receiver, is acceptable as long as opt-out/removal requests are fully honored. F.D.W. Hosting Co. has a zero tolerance policy for SPAM. Any Affiliate found to be SPAMMING will be immediately removed from our affiliate program. The only recourse you will have to maintain your affiliate relationship is proof of the receiver's "opt in" (explicit permission from the receiver for any emails in question) that will nullify the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you.
Please review our Privacy Notice, which also governs your visit to F.D.W. Hosting Co., to understand our practices.
When you visit F.D.W. Hosting Co. or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
F.D.W. Hosting Co. will provide you with textual and graphical links (Link Materials) with which you may link your Web site to our Web site. Once you become an approved Affiliate, we grant you a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement. You many include Link Materials in mailings to your opted-in lists (see section regarding Spam) and in other advertisements at your discretion. You agree to display the Link Materials appropriately on your Web site and in advertisements, and to respect our rights in the Link Materials. You will use only these Link Materials to link to F.D.W. Hosting Co., and you will not alter the look or feel of these Link Materials or of our Web site in any way. You will use reasonable efforts to update to new versions of Link Materials as we make them available.
METHOD OF LINKING
You may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your website to access our website (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your website to access our website); (b) post any Special Links on any website or other platform that is accessible through any Internet Access Appliance; (c) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (d) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our website; (e) make any orders or subscription requests, or engage in other transactions of any kind on our website on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (f) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the website on which any functions or transactions are occurring; or (g) post or serve any advertisements or promotional content around or in conjunction with the display of our website (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral commissions otherwise payable to you under this Agreement and/or terminate this Agreement.
F.D.W. Hosting Co. will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. F.D.W. Hosting Co. will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by F.D.W. Hosting Co. to track sales, affiliates hereby acknowledge and accept that the tracking system employed by F.D.W. Hosting Co. is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:
Failure by the affiliate to use the proper format of the specially assigned URL in promotions, web page links, banner ads, and so on.
Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale.
Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time.
Acts of nature that cause irretrievable data loss on the computers and back-up disk media.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
The technical operation of your site and all related equipment
The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
Creating and posting Product descriptions on your website and linking those descriptions to the F.D.W. Hosting Co. web site.
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) Ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
RELATIONSHIP OF PARTIES
F.D.W. Hosting Co. and your company 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 agreement.
QUALIFYING PRODUCTS AND SERVICES FOR REFERRAL COMMISSIONS
Any product or service with a monthly recurring service fee listed on the F.D.W. Hosting Co. web site is eligible for referral commissions. Referral commissions are NOT ELIGIBLE for: (a) One time product purchases (such as hourly billed consulting or programming fees), (b) your own account, (c) additional setup fees (such as additional software configuration fees, or optional account add-ons or upgrades), (d)sales to one's self, a separate department of the same company or its subsidiaries. F.D.W. Hosting Co. will determine, at our sole discretion, if a product or service qualifies for referral commission payout.
We will pay you referral commissions on the base monthly recurring service fee of Qualifying Product sales to third parties. For a Product sale to be eligible to earn a referral commission, the customer must satisfactorily complete an order for any Qualifying Products and/or Service from the F.D.W. Hosting Co. web site. We will only pay referral commissions on such Products after order, payment and setup and the 2nd monthly billing is completed (31 days after the day of initial sale) on the Qualifying Product sold. If during the 31 days the Qualifying Product sold is determined to be fraudulent, suspended, canceled, credited, or refunded, the referral commission will be canceled and voided. F.D.W. Hosting Co. at its sole discretion may increase the 31 day hold period before approving a commission by up to 60 days in cases where there is a heightened belief the transaction may result in fraud, refund or charge back.
Payments are issued in US dollars, and paid once a month, on the 4th of the month for the total amount of 'approved' funds in your affiliate account. Payments are made via PayPal, or at the affiliate's option - in the form of a service credit towards F.D.W. Hosting Co. hosting products and services.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our Representatives shall be submitted to confidential arbitration in a city selected by the company in New York, United States, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Florida (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of the United States and the state of Florida, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
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