To be an authorized affiliate of HOSTWAVES.COM, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the HOSTWAVES.COM service as an affiliate. By signing up for the HOSTWAVES.COM affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
HOSTWAVES.COM AFFILIATE AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to use of the HOSTWAVES.COM Affiliate Program. YOUR USE OF THE HOSTWAVES.COM AFFILIATE SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT.
1. AFFILIATE PAYMENT
1.1. You will receive a Commission for referring clients to HOSTWAVES.COM for hosting purposes. HOSTWAVES.COM will pay you a one time flat rate of USD$3.00 per successful web hosting plan sale you referred.
1.2. Payment will only be made by Paypal or Direct Bank Deposit (Malaysian Customer only) and payable directly to you.
1.3. Payments shall be made by HOSTWAVES.COM to Affiliates on a monthly basis. HOSTWAVES.COM reserves the right to change payment methods at any time, for any reason.
1.4. Accounts with less than five referrals older than 90 days are subject to a 90 days hold period. Minimum of USD $20 and 90 Days old account is needed before payout.
1.5. HOSTWAVES.COM may reverse any commission paid to you, and subtract said commission from future payments to you, if HOSTWAVES.COM receives a chargeback on a transaction from a client you referred to HOSTWAVES.COM.
1.6. If you have any hosting accounts with HOSTWAVES.COM, Rewards payments will first be applied to any balance due on those accounts before being paid out via Paypal.
1.7. You may NOT receive credit for referring yourself to HOSTWAVES.COM.
1.8. Customers signing up with a promo code waive their right to decide who gets any referral credit for their account. We reserve the right to terminate our Rewards program at our discretion.
1.8. Participants caught violating or attempting to circumvent these rules will have all affiliate credit voided and will not receive payouts. Additionally, they will be banned from further participation in our affiliate program and may have their HOSTWAVES.COM service terminated.
2. REGISTRATION
2.1. To sign up to be an Affiliate and to use the Services as an Affiliate Partner you must be at least 18 years of age. You warrant that the information you provide to us upon registration is complete, valid and honest, including your Social Security number. Your account may not be transferred or sold to another party.
2.2. HOSTWAVES.COM’s directors, employees, employee’s spouse, direct family members and relatives are prohibited to sign up as Affiliate Partner.
3. RELATIONSHIP OF THE PARTIES
3.1. Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
4. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
4.1. THE HOSTWAVES.COM SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HOSTWAVES.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE HOSTWAVES.COM SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY HOSTWAVES.COM , ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
4.2. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HOSTWAVES.COM , OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE HOSTWAVES.COM SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE HOSTWAVES.COM SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HOSTWAVES.COM RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT HOSTWAVES.COM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM HOSTWAVES.COM AND ITS AFFILIATES.
4.3. UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
4.4. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
5. COPYRIGHT AND TRADEMARKS
5.1. All contents of the HOSTWAVES.COM Web Site are proprietary to HOSTWAVES.COM, and/or its suppliers and are protected under Copyright. All rights are reserved. HOSTWAVES.COM reserves any rights not expressly granted herein.
6. BREACH
6.1. Without limiting other remedies, HOSTWAVES.COM may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide services to you: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
7. ASSIGNMENT
7.1. In the event of a merger or consolidation of HOSTWAVES.COM, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
8. AFFILIATES RESPONSIBILITIES
8.1. HOSTWAVES.COM operates a zero tolerance spam policy. If you use HOSTWAVES.COM for spamming purposes, HOSTWAVES.COM will terminate your membership in the Affiliate program and all of your profits will be forfeited immediately. Further, HOSTWAVES.COM reserves the right to recover from Affiliate the costs incurred by HOSTWAVES.COM in cleaning up the results of the "spam".
8.2. You may not use misleading advertising in relationship to HOSTWAVES.COM ; doing so may result in the termination of your membership in the Affiliate program.
9. SUITABILITY and REPRESENTATION
9.1. You agree to represent HOSTWAVES.COM in a tasteful way and declare that your web site is acceptable in presentation. If we review your site and find it to be, in our opinion, unsuitable, you will be given the opportunity to rectify the issues or you accept that HOSTWAVES.COM has the right to terminate your affiliation.
10. PROHIBITED CONDUCT.
Affiliate represents and warrants as follows:
10.1. Affiliate is prohibited from using language in advertising campaigns such as "Official Site", "Main Site", Official Representative", "Official Anything" or any other language that might confuse viewer of such an advertisement. HOSTWAVES.COM reserves the right in its sole discretion to determine what language or action might confuse viewers.
10.2. Affiliate will not alter the links, promotional materials, and branding made available pursuant to the Program and will only use such links, promotional materials, and branding in the exact shape, colors, design, and configuration in which such items are made available pursuant to the Program.
10.3. Affiliate will display all links, promotional materials, and branding made available pursuant to the Program alone, with reasonable spacing between each side of such item and other graphic or textual elements.
10.4. Affiliate will not use any links, promotional materials, and branding of HOSTWAVES.COM other than those made available through the Program.
10.5. Affiliate will not claim or hold itself out as claiming any sponsorship by, endorsement by, or affiliation with HOSTWAVES.COM or its parent corporation, subsidiary corporations, successors, and assigns.
10.6. Affiliate will not use the word "HOSTWAVES.COM" or any variation thereof in its domain name.
10.7. Affiliate will not use any computer program, robot, or other device, which causes HOSTWAVES.COM to record a click-through or sale where no such click-through or sale has occurred.
10.8. Affiliate will not violate or encourage any third party or entity to violate any law or regulation having the force of law, including, but not limited to, laws prohibiting the sale of certain goods and services, laws prohibiting the export of certain goods or services, and laws prohibiting the obscenity.
10.9. Affiliate will not defame, impersonate or invade the privacy of any third party or entity or encourage any third party or entity to do the same.
10.10. Affiliate will not engage in any conduct that infringes the rights of any third party, including, but not limited to, the intellectual property, business, contractual, or fiduciary rights of others or encourage any third party or entity to do the same.
10.11. Affiliate will not place links, promotional materials or branding made available through this Program on a web site(s) that violates or encourages others to violate any applicable law or regulation having the force of law, or that includes offensive or hate content, or that promotes discrimination based on race, sex, religion, sexual orientation, nationality, disability, or age.
10.12. Affiliate will ensure that its web site(s) will not inhibit a user's ability to return to the HOSTWAVES.COM Network.
11. FORCE MAJEURE
11.1. If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of HOSTWAVES.COM , HOSTWAVES.COM is unable to perform in whole or in part its obligations as set forth in this Agreement, then HOSTWAVES.COM shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make HOSTWAVES.COM liable to the User.
12. GOVERNING LAW
12.1. Malaysia law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of Penang or to any Federal Court located within Malaysia.
13. WAIVER
13.1. The failure of HOSTWAVES.COM to enforce a provision of this Agreement shall not be construed as a waiver of limitation of HOSTWAVES.COM's right to strictly enforce and compel strict compliance with every provision of this Agreement.
14. SEVERABILITY
14.1. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
15. ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto, including previous agreements between the parties through other avenues.
16. INDEMNIFICATION
16.1. You agree to defend, indemnify and hold harmless HOSTWAVES.COM against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of this Agreement or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with HOSTWAVES.COM.
15. SURVIVAL
15.1. The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely ownership, confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
16. MODIFICATIONS
HOSTWAVES.COM reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the HOSTWAVES.COM Web Site. You are responsible for regularly reviewing the Web Site for any changes or modifications. Your continued use of the Services after any such changes shall constitute your consent to such changes. HOSTWAVES.COM does not and will not assume any obligation to notify you of any changes to the terms of the Agreement. Furthermore, HOSTWAVES.COM may add to, change, suspend or discontinue any and all aspects of the Service at any time, with no prior notice necessary and without owing anything further to the Affiliate.
Last Modified: 24-JULY-2008
