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Last updated August 7, 2017

Terms of Service

Affiliate Program Terms

28 Affiliate program

This entire clause 28 relates to the Affiliate Program.

28.1 Representations by us

28.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 27.1.2;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 27.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.

28.1.2 Terms/Representations

  1. The Affiliate Program provides a platform where we can reward you for successfully promoting and advertising our products and services ("Services") via your published location (which may include, but is not limited to, your websites, newsletters, blogs and social networking pages).
  2. We reward members of the affiliate program by applying a portion of revenue generated by us (as a result of the promotion/advertisement) to the affiliate holder's account, in accordance with these terms.

28.2 Acceptance of Terms

By clicking the Affiliate Manager within the Domain Management Console, you are taken to have irrevocably agreed to the specific Affiliate Program terms located within this document.

28.3 Commission

28.3.1 Rates and calculation

You irrevocably agree that:

  • Commission rates vary accordingly to the product type, price and special offer status, and are subject to change without notice (but such changes will not be retroactive). To obtain the latest rates you should contact our support consultants.
  • We apply all commercially reasonable efforts to record and display accurate statistics and values regarding your Affiliate Program membership and use.
  • Our determination of statistics and values shall be the final and binding determination.
  • The following is excluded from the Affiliate program:
    1. Products purchased with your account;
    2. Products purchased by accounts deemed by us to belong to you, and
    3. Products purchased for your own use.
  • Subject to these terms, any breach of this clause may result in instant termination of your Affiliate Holder account and of your ability to participate in this program.

28.3.2 Payment

You irrevocably agree that:

  • Commission rates vary according to the product type, price and special offer status, and are subject to change without notice (but such changes will not be retroactive). The latest rates may be obtained by contacting our support consultants.
  • Commissions are held for a period of forty five (45) days. During this period, commission payments may be removed in circumstances where the order and payment are no longer deemed valid (including but not limited to situations where there is payment chargeback or where an order is cancelled or terminated).
  • A minimum of 100.00 USD (one hundred US dollars) must be present in your balance and cleared before a request for withdrawal may be accepted.
  • Commission withdrawals are processed on a monthly basis (once per month) and no exceptions may be made to process withdrawals beyond this basis.
  • Determination of commission removal is at our sole discretion and interpretation. Our determination shall be the final and binding determination.
  • Should you elect to be paid commission in a form other than account credit, some payments may incur a payment processing fee. Although we will always endeavour to reduce or eliminate payment processing fees when processing a payment withdrawal, you acknowledge that any fees borne by yourself as a result of payment processing are outside of our control, that we are not liable for those fees, and that you are responsible for bearing said fees.
  • Should your Affiliate account balance exceed $1000.00 US (one thousand US dollars), we reserve (and may exercise) the right to force you to withdraw commission payment via your desired payment method. Should you fail to provide necessary details, we reserve (and may exercise) the right to suspend your Affiliate membership for any length of time.
  • Should you elect to be paid commission in the form of account credit, commission payment must be utilised for purchasing or renewing products/services offered by us. Account credit cannot be reverted to the Affiliate Program, withdrawn in any other form, or used in any way except as credit towards products and services we offer. If your account credit exceeds $1000.00 USD (one thousand US dollars) we reserve the right to remove account credit as a withdrawal method from the Affiliate Program.

28.4 Acceptable use

28.4.1 Policy compliance

You irrevocably agree that:

  • Affiliate Program membership is subject to our acceptable use policy, specified within this Agreement, and
  • The published location must not contain any material which
    1. is sexually explicit or violent;
    2. may appear to be promoting or depicting discrimination based or race, gender, religion, national origin, physical or mental disability, sexual orientation, age or any matter which can be deemed discriminatory;
    3. is of an unlawful nature or which may be deemed to violate another's intellectual property and/or rights;
    4. that contains information regarding, promoting or links to a site that contains information of an unlawful activity, defamatory, sexually explicit, discriminatory nature;
    5. specifically relates to entities other than us within the domain name, hosting and online marketing market, or
    6. amounts to improper advertising.

28.4.2 Breaches

You irrevocably agree that:

  • It is at our sole discretion to determine whether or not there has been a breach of our acceptable use policy or this acceptable use clause;
  • If we deem there is a breach, any pending commission funds may be removed (and will not be available for payment withdrawal), and
  • If we deem there is a breach, we will immediately suspend your Affiliate Program membership or issue written notice of breach. Failure to remedy a breach, either following notice or suspension may result in termination of your Affiliate Program membership.

28.5 Loss of service

You irrevocably agree that although we will make efforts to attempt to make the Affiliate Program available to you to use, from time to time the Affiliate Program may be inaccessible or inoperable on a continuous or uninterrupted basis for any reason, including, without limitation:

  • Equipment malfunctions;
  • Periodic maintenance, repairs or replacements that we may undertake from time to time, and
  • Causes beyond our reasonable control or that are not reasonably foreseeable by us, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

28.6 Indemnity and warranties

You irrevocably agree that as this Affiliate Program is provided at no charge to you, we neither offer any warranty nor accept any liability with regards to the Affiliate Program, including with respect to lost commission, payment withdrawal or loss of service.

In addition to the terms located within the entirety of this Agreement, you also irrevocably agree to indemnify us and hold us harmless against any and all claims, damages (including but not limited to incidental, special and consequential damages), losses, penalties, costs, expenses, fees, savings, goodwill, legal fees, and any other form of claim or damage arising from:

  • Your use of the Affiliate Program or any of our Services;
  • Your violation or alleged violation of an applicable law or this Agreement, and
  • Any assertion that we are obliged to pay taxes in connection with a commission payment made by us to you pursuant to this Agreement.

28.7 Representation

You irrevocably agree that:

  • In no circumstances is it acceptable to imply, act, or behave in a manner indicating that you represent us;
  • You shall in all circumstances deny representation and direct any necessary queries through our appropriate support channels, and
  • Breach of this term may result in instant termination of your Affiliate Program membership.

28.8 Termination

Affiliate membership termination can be requested by contacting the appropriate support consultants. Upon your affiliate membership being terminated, you may request a final payout in accordance with the terms of this document (particularly clause 27.3.2).

At our sole discretion, be it due to a breach of our terms or otherwise, we reserve the right to terminate the Affiliate Program in its entirety and/or your Affiliate Program membership. Although we will endeavour and make efforts to ensure the withdrawal of earned commission, this may not occur in certain circumstances, as determined by us at our sole discretion.

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