Affiliate Terms Of Service
This agreement describes the entire terms and conditions for participation in the Hostcopper Affiliate Program. Hostcopper is owned and operated by dba Hostcopper.com. In this agreement Hostcopper and dba Hostcopper.com, LLC. are collectively referred to as Hostcopper.
In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to Hostcopper.
Upon your acceptance, Hostcopper will provide you with a URL coded to specifically identify you which will allow you to create a link to the Hostcopper web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links. You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL.
- All referrals MUST come through your affiliate coded URL or no credit will be provided.
- All affiliates are paid $50 dollars per new signup referred to Hostcopper.
- New sign-ups must stay a minimum of 60 days for a affiliate commissioner to be paid.
- Affiliates are paid once a month for the prior months sales.
- Affiliates must generate affiliate commission of $50 or more before the first pay period will be sent.
- Affiliates are paid Monthly.
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, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another partys copyrighted or other proprietary material. We will not be responsible if you use another partys copyrighted or other proprietary material in violation of the law. 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 AOL customers or otherwise violate the anti spamming policies of Hostcopper or state law
- Provide inaccurate or incomplete information to Hostcopper 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
You may use banners / text links / coded URL provided by Hostcopper with promotional material provided or in any other form you wish, provided that your use of the URL is not in any way derogatory of Hostcopper or otherwise not appropriate or acceptable in Hostcopper sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of Hostcopper or any other party. You may not violate the Hostcopper General Terms of Service. Hostcopper reserves the right not to accept any site into the Affiliate Program based on site content. Sites that do not qualify for the Hostcopper Affiliate Program include sites which:
You and we 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 this statement.
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 commissions paid or payable to you under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error free and we will not be liable for the consequences of any interruptions or errors. This Agreement will be governed by the laws of the United States and the laws of Texas. Any action relating to this Agreement must be brought in the federal or state courts located in Houston, TX and you irrevocably consent to the jurisdiction of such courts. 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 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. By submitting the Affiliate Order form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
You hereby agree to indemnify, defend and hold harmless Hostcopper, 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. 14. Miscellaneous. Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of Texas, without reference to rules governing choice of laws. Hostcopper reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. Hostcopper will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple Hostcopper affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the Hostcopper.com in-house affiliate program and also open a Hostcopper affiliate account with another network. Both affiliate accounts will be terminated and all commissions will be forfeited. 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 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.