PayPerHost Affiliate Terms and Conditions
This agreement contains all of the terms and conditions between Intertune, Inc. (dba PayPerHost.com) and the individual or organization (the "Affiliate") participating in the our Affiliate Program (the "Program"). "Customer" is defined as a person or entity that becomes our customer from an Affiliate's marketing collateral and opens a new PayPerHost account.
2. PayPerHost's Rights and Obligations
- Promotion of the Affiliate relationship - PayPerHost will make a variety of graphic and textual links available to Affiliate for placement on your website(s). Subject to the terms and conditions hereof, you may display the links as often and in as many areas of your website(s) as you desire.
- Track Customers' Transactions - PayPerHost will track Customers' transactions and will supply reports summarizing customer activity to the Affiliate. The form, content and frequency of the reports may vary from time to time at our sole discretion.
- Pay Commission Fees - PayPerHost will pay Affiliate commission fees as set out in Section 4.
- Modification - PayPerHost may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by notifying the Affiliate via email. Modifications may include, for example, changes in the scope of available commission fees, fee schedules, payment procedures, and referral program rules. If any modification is unacceptable to the Affiliate, your only recourse is to terminate this agreement. Your continued participation in the program following our change notice will constitute binding acceptance of the change.
3. Affiliate's Rights and Obligations
- Affiliate shall use best commercially reasonable efforts to actively and effectively advertise, market and promote PayPerHost as widely and aggressively as possible in order to maximize the financial benefit to both Affiliate and PayPerHost. Affiliate shall only engage in advertising, marketing and promotional efforts which do not violate any law and which reflect positively upon the business reputation of PayPerHost.
- It is the responsibility of the Affiliate to ensure that the correct tracking is utilized on their website. PayPerHost will not change the Affiliate tracking ID for referrals resulting from incorrect or incomplete tracking. PayPerHost is not responsible for commission fees generated from referrals with incorrect or incomplete referral information.
- Affiliate is restricted from purchasing any domains that include "PayPerHost", or bidding on any keywords or keyword phrases that include, but are not limited to, PayPerHost, PayPerHost.com in any format in any pay per click (PPC) search engine. This includes, but is not limited to, the following search engines: Overture, Google, Kanoodle, FindWhat, ePilot and Ah-ha.
- Affiliate is restricted from setting up any site redirects from any page on their website or network of websites so that the page goes directly to PayPerHost.com.
- Affiliate is restricted from optimizing any page of their website(s) for keyword or keyword phrases that include, but are not limited to, PayPerHost, PayPerHost.com in any format. This includes, but are not limited to, meta tags, headers and body content.
- Banners and links may not be placed within unsolicited email, unauthorized newsgroup postings, chat rooms or through the use of "bots". Traffic generated illegally will not be commissionable.
- Affiliate is restricted from offering cash back, rewards or other incentives to make more sales via their affiliate tracking links.
- Affiliate is restricted from using cookie stuffing techniques that set the tracking cookie without the Customer actually clicking on the referral link.
- Affiliates is restricted from posting affiliate links on PayPerHost.com that contain pornographic material.
- Affiliate shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of PayPerHost to their customers.
- Affiliate shall not create, publish, distribute, or permit any written material that makes reference to PayPerHost without first submitting such material to PayPerHost and receiving our prior written consent, which shall not be unreasonably withheld.
3. Commission Fees
- Commission Fee Calculation
- PayPerHost will pay 20% from all payments received from customer within 12 months from the sign-up date.
- Commission from first payment will be delayed by 30 days, which is a time when customer can cancel a service and request money back.
- Commission Fee Payouts
- All Affiliate’s earnings will be added to Affiliate’s account balance. The minimum amount payable to affiliate is $100. The resulting account balance after payment has to be more than $50. For example if affiliate’s account balance is $250, affiliate can ask for payment of $200, since $50 is a minimum balance to be maintained in account. Upon termination of Affiliate’s account, Affiliate will get the minimum balance back.
- Payments will be made through PayPal. PayPerHost will pay PayPal fees.
- There shall not be any payment US tax forms are submitted by Affiliate. USA resident Affiliate is required to file W9 form and non-US resident Affiliate is required to file W8-BEN form.
- Duplicate Accounts and Self-Referral - Affiliate shall not open more than one Affiliate account without prior written consent from PayPerHost, nor will Affiliate earn commissions on their own or related persons PayPerHost account.
- The cookie is valid for 90 days. In case if there are more affiliates, the first cookie is valid.
- If a Customer registered through an Affiliate is banned from purchase/activity for any reason, and PayPerHost has to return any deposited money to the Customer, PayPerHost will not pay Affiliate for the revenues generated by a banned Customer. If a Customer registered through Affiliate is being investigated for credit card, bank information or address verification, PayPerHost will withhold payments of profits generated from that Customer until the investigation is completed.
4. Terms & Termination
- The term of this Agreement will begin upon PayPerHost's written confirmation of your acceptance into the Affiliate program. Either PayPerHost or Affiliate may terminate this Agreement at any time, with or without cause, by giving the other party at least 30 days written notice of termination by email to affiliates@PayPerHost.com. Affiliate performance will be reviewed annually, based on the date of registered membership. This agreement can be terminated at any time without prior notice if the Affiliate is not an active member of the Program. PayPerHost has the right to terminate the agreement without prior notice if Affiliate breaches any terms or conditions of this agreement.
- Upon termination:
- All rights and licenses granted to Affiliate shall terminate immediately.
- Affiliate must remove all PayPerHost banners from their site and disable any links to PayPerHost.com from their site.
- Affiliate will be entitled to unpaid commission fees, if any, earned by on or prior to the date of termination. Affiliate will not be entitled to referral fees occurring after the date of termination.
- If Affiliate has failed to fulfill their obligations and responsibilities, PayPerHost will not pay any referral fees otherwise owed on termination.
- PayPerHost may withhold final payment for a reasonable time to ensure that the correct amount is paid to Affiliate.
- If PayPerHost continues to permit activity (generation of revenue) from Affiliate's customers after termination, this does not constitute a continuation or renewal of this Agreement or a waiver of termination.
- Affiliate will return to PayPerHost any confidential information, and all copies of information in your possession, custody and control. Affiliate will cease all uses of any trade names, trademarks, service marks, logos and other designations of PayPerHost.
- Affiliate and PayPerHost will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.
- PayPerHost may terminate this Agreement at our sole discretion if we determine that your site is unsuitable. Unsuitable sites include those that are aimed at children; promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, sexual orientation or age; promote illegal activities; or violate intellectual property rights.
- PayPerHost reserves the right to shut down an account and confiscate historical earnings when account has been found to be engaged in fraudulent activities (including but not limited to hedging bets by earning affiliate commissions from any known syndicate or activity related to a syndicate, purposely referring Customers who intend on engaging in fraudulent deposit methods or purchase, earning affiliate commissions from their own purchase or that of someone using the same IP or wagering from within the same household)
- PayPerHost reserves the right to shut down an account and confiscate historical earnings when account has no activity for a period of 6 consecutive months.
5. Policies & Confidentiality
During the term of this Agreement, Affiliate may be entrusted with Confidential Information relating to the business, operations, or underlying technology of our Customers and/or the Affiliate Program (including, for example, commission fees earned under the Program). Affiliate agrees to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have prior written consent by PayPerHost and that you will use the Confidential Information only for purposes necessary to further the purposes of the Agreement. Affiliate's obligations with respect to Confidential Information shall survive the termination of this Agreement.
6. Spam - PayPerHost does not condone Spam
If an Affiliate engages in spam, PayPerHost will place their account under review and withhold all funds otherwise due pending an investigation. By registering as a PayPerHost Affiliate, you agree that our Customers are liable to incur expenses in dealing with Spam generated mail and these same expenses will be deducted from Affiliate's account should our Customer seek recourse. In this instance the amount determined by the relative Customer will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by Affiliate in accordance with this agreement.
Should these expenses not be covered by funds in Affiliate's account PayPerHost reserves the right to investigate other alternative means for obtaining payment. For example: should your account have generated purchasing accounts we will hold payment of commission for these accounts until such a time as the account for damages has been cleared. Should your account not be active and be generating profit through commission payments we reserve the right to demand payment from the account holder.
7. No Representation or Guarantee Regarding Profits or Income:
Affiliate agrees, understands and acknowledges that PayPerHost, it's parent company, it's sub entities, it's agents, it's officers, it's directors, it's shareholders, it's employees, and/or accountants have made no representation of any nature whatsoever to Affiliates and/or "Affiliate's agents, servants and/or employees regarding profits, income, or money which Affiliate may obtain or generate from the Service and/or from entering into this "Agreement" and/or from marketing and/or promoting any version of this Service, and/or form any other matter relating to this "Agreement" and/or to the subject matter of this "Agreement". Any expression by PayPerHost in this regard is an expression of opinion only and the Affiliate agrees, understands and acknowledges that they have not been induced to, and/or persuaded thereby to, enter into this "Agreement" and that the Affiliate has entered in to the Agreement of their own free will and choice, without any force or duress, and only after thorough, complete, full, and thoughtful investigation and after obtaining independent advice and counsel from their accountant, their attorney, and their financial advisors.
8. Relationship of Parties
PayPerHost and Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of PayPerHost. You will not make any statement, whether on your site or otherwise, that construes you have the right to represent PayPerHost.
Affiliate shall defend, indemnify, and hold our Clients, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach of warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this Affiliate Program.
PayPerHost makes no express or implied warranties or representations with respect to the Affiliate Program, or referral fees and commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, 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 or our Clients' sites will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
11. Limitation of Liability
PayPerHost 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 commission 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 commission fees paid or payable to Affiliates under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, officers, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the commission fees generated and is limited to direct damages.
12. Independent Investigation
Affiliate acknowledges that you have read this agreement and agree to all its terms and conditions. You understand that PayPerHost may at any time directly or indirectly solicit customer referrals on terms that may differ from this 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 this referral program and are not relying on any representation, guarantee or statement other than set forth in this agreement.
13. Governing Law
This Agreement will be governed by the laws of state of Florida, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Florida and you irrevocably consent to the jurisdiction of its courts.
14. Assignability and Inurement
Affiliate may not assign this Agreement, by operation of law or otherwise, without prior written consent of PayPerHost. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against Affiliate and PayPerHost and our 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. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
The headings used in connection with the paragraphs and subparagraphs of this Agreement are inserted only for purposes of reference. Such heading shall be not deemed to govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of this Agreement, not shall such headings otherwise be given any legal effect.
IN WITNESS WHEREOF, Affiliate expressly agrees to the terms and conditions of this Agreement by clicking on submit button while registering as our customer.
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