- Introduction
Please read this entire agreement so you know and understand our affiliate program rules! The CloudHostingSetup Affiliate Program is extremely selective. Not just anyone can become – or stay – an affiliate. We are only interested in working with people who are serious, competent, and ethical. We will keep program membership small so that we can fully support you as an affiliate and so that you can truly succeed.
This agreement describes the terms and conditions for being a member of the CloudHostingSetup.com Affiliate Program. In this Agreement, the term “Affiliate” refers to you (the person who is applying). Also, when this Agreement refer to “you”, it is referring to the Affiliate. In this agreement, “CloudHostingSetup.com” refers to the company CloudHostingSetup.com and Clickey Corporation, the owner of CloudHostingSetup.com. “We” and “us” refer to CloudHostingSetup.com and Clickey Corporation.
- Modification
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules.
If any of the modifications are unacceptable to you, your only recourse is to terminate this Agreement. By continuing in the program, you will be expressing that you accept the changes.
- Enrollment
To enroll in the affiliate program, you must submit an affiliate application and be approved. We process applications in due course and will, as soon as possible, notify you of whether we have accepted you in the Program.
- Affiliate URL
Once we approve you as a CloudHostingSetup Affiliate Program member, we will issue you a special URL. This URL is unique to you and will allow you to be paid for affiliate referrals. Using this URL is the only way to earn commissions for your referrals.
- Commissions
As a member of our Affiliate Program, you will receive $50 as a commission from paid orders for certain services and products placed through properly coded affiliate links
(unless noted otherwise for a particular product). At this time, the only service for which we will be paying any affiliate commission is Cloud Hosting Setup. We plan on soon expanding this list of products and services for which you can earn commissions.
We may change the commission amount, solely at our discretion. We may increase commissions during limited time special promotions. The commissions will return to the regular $50 commission rate after the promotion ends.
For a sale to generate a commission to you, the customer must complete the order form and make full payment for the product or service ordered through our secure order system. You will not receive an affiliate commission for word of mouth referrals. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured affiliate links. You are solely responsible for properly coding your affiliate links.
You will receive a commission only if the customer came to us using a Qualifying Link. A “Qualifying Link” is a link from your site to our site using one of your unique URLs that we provided to you. To be a Qualifying Link it must be the last link to our site that the Customer uses during a Session where a sale of a product or a service to the Customer occurs. A “Session” is the period of time beginning from a Customer’s initial contact with our site via a link from your site and terminating when the Customer either returns to our site via a link from a site other than your site or the engagement expires or is terminated. All determinations of whether a link qualifies for a commission and whether a commission is payable will be made by us and will be final and binding on both you and us.
You will not receive a commission for you using your own affiliate link to purchase products or services from CloudHostingSetup.com. Attempting to do so is grounds for immediate termination from the Affiliate Program. If you want a discount on your purchases from us, contact us and ask.
- Payment
We pay affiliates using your PayPal account. It is the your responsibility to make sure that we have all of the correct information to deposit commissions. You must notify us of any changes to your accounts to ensure proper commission payments. We will not resend payments returned due to incorrect account information or email addresses.
Each party represents to the other that (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party's site will not (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, antidiscrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.
- Indemnification
Each party hereby agrees to indemnify, defend and hold harmless the other party and its publishers, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein.
- Order Fulfillment
We are solely responsible for processing every order placed by a customer by affiliate links. You are not authorized to collect payments or sell any of our products or services from other websites as a “reseller.” This agreement grants no “resale” rights in any way. You are not authorized to sell any of our products or services on Ebay or other auction sites. You are not authorized to give away copies of any of our products.
We are solely responsible for all customer service inquires. All affiliates understand and acknowledge that we ship no physical products. Customers who purchase products and services through the CloudHostingSetup.com Affiliate Program are deemed to be CloudHostingSetup.com’s customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time.
Prices and availability of our products and services may vary from time to time. CloudHostingSetup.com always determines the price paid by the customer.
- Qualifying Sites
We reserve the right to refuse any person, company, or site acceptance into our Affiliate Program. Whether we accept you into our Affiliate Program is solely at our discretion. In particular, we are likely to refuse because of your website content. Websites that will get your disqualified from being a member of our Affiliate Program include those which:
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- Promote sexually explicit materials, promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- List coupon codes or discounts that were not officially provided to you by us. If you want to promote a coupon, contact us and we may work with you on it.
- Websites which infringe or otherwise violate anyone’s copyright, trademark, or other intellectual property rights.
- Permitted Uses
Current members of our Affiliate Program may use CloudHostingSetup.com brand and marketing resources which are located within your Affiliate Dashboard.
If we do not have a specific size banner ad that you need, contact the Affiliate Program manager at affiliate-support@CloudHostingSetup.com and request that we add a new graphic to our available resources. Whether we add resources is in our sole discretion.
- Prohibited Uses
You may not use our brand or marketing resources in the following ways. Doing so is grounds for immediate termination of the affiliate account and withholding of any outstanding commissions:
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- In a header graphic or in any way as to indicate you, or the website, are officially affiliated or partnered with CloudHostingSetup.com.
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- You may not use the “CloudHostingSetup” brand in any variation in your site URL (For example, CloudHostingSetup.net, CloudHostingSetupcouponcodes.com, Cloud-Hosting-Setup.com, wpcloudhostingsetup.com, cloudhostingsetup.plugins.com, etc). This applies to sub-domains as well as primary domains.
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- You may not promote coupons that we did not provide to you personally. You may not host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
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- You may not use “CloudHostingSetup” in any variation in your ad network advertising, including, but not limited to Google advertising, Bing advertising, Facebook advertising, Twitter advertising, etc.
- CloudHostingSetup.com Anti-Spam Policy
We take spam very seriously. We strictly prohibit all affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook, and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
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- E-mail addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt-in subscription;
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- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that you have been spamming, we may permanently terminate your account after the investigation and not pay any outstanding commissions.
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- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
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- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
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- Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property without permission or where prohibited by applicable rules, regulations, or laws.
We may undertake, at our sole discretion and without prior notice, the following enforcement actions:
- Account Termination: Upon the receiving a credible complaint, we may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.
- At our sole discretion, termination may also result in the affiliate being banned from the affiliate this Affiliate Program, but any other CloudHostingSetup.com and Clickey Corporation affiliate programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to us at abuse@CloudHostingSetup.com.
- Relationship of the Parties
Affiliates are an independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on their sites or otherwise, that reasonably could contradict this statement.
- Term and Termination
The term of this Agreement will begin when you accept this Agreement and will end when terminated by either party. Either of us may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease using them, and remove from your webites, all links to our websites, and all of our trademarks and logos, other of our marks and all other materials provided in connection with this program.
- Limitation of Liability
CloudHostingSetup.com and Clickey Corporation will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or our Affiliate Program, even if we have been advised of the possibility of such damages. Further, our total liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
- Disclaimers
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 the websites or the Affiliate links will be uninterrupted or error-free. We will not be liable for the consequences of any interruptions or errors.
- Miscellaneous
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce that or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the CloudHostingSetup.com Affiliate Program, 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.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California. The California Superior Court Nevada County is the sole jurisdiction for all legal matters.