Affiliate Terms of Service
This Agreement contains the complete terms and conditions that apply to your
participation as a member of the grabweb.net Affiliate Program.
1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed Program Application
through our website. Your account will be instantly active in our program. We
will evaluate your account in good faith to ensure you comply with all our rules
and agreements. We may reject your account if we determine that your site is
unsuitable for the Program for any reason, including, but not limited to, if
your site incorporates images or content that is unlawful, defamatory, obscene,
harassing or otherwise objectionable, such as sites that facilitate illegal
activity or promote violence or promote or assist others in promoting copyright
infringement (collectively, "Content Restrictions").
2. Utilizing Links on Your Site.
As an affiliate website of grabweb, you may use any form of promotion you
choose, consistent with the terms of this Agreement. You may use banner
advertisements, button links and/or text links to our site (the "Links"),
however, you CANNOT SPAM. Any activity by you or on your behalf that we
determine or reasonably suspect to be the result of an unsolicited bulk e-mail
program will result in your immediate termination from the Program and your
forfeiting of monies otherwise due you hereunder. Allowable promotional links
may contain grabweb's trade names, service marks, and/or logos for display on
your Affiliate Site. Subject to the terms and conditions hereof, you are granted
a limited, non-exclusive, non-transferable license to access and download such
Links and other designated promotional materials for placement on your Affiliate
Site for the sole and exclusive purpose of promoting websites owned, operated or
controlled by grabweb. In utilizing the Links, you agree that you will cooperate
fully with us in order to establish and maintain such Link or Links. A Link may
only be visually modified with our consent.
3. Commissions.
We will pay you a commission based on the below structure:
Commission Rates:
USD 50.00 Flat on all Shared Hosting, Reseller Hosting, Cloud Hosting and
Dedicated Server and Junk Freezer plan sales, however this offer is NOT valid on
Domains and SSL certificates.
Commissions, and offering any form of incentive to obtain a sale is forbidden,
unless prior approval is given and cleared by grabweb Staff. To inquire on
whether your incentive is acceptable, please e-mail affiliates [@] grabweb.net
[dot] net
The Commission Rate is subject to change from time to time, upon e-mail notice
to you and commencing the 30-days following such notice.
4. Commission Payment.
Commissions deemed due and owed to you under the program will be paid to you
directly by grabweb.net after any holding period and in accordance with a
regular payout cycle established by grabweb.net. No commission will be paid for
signups by you, your household, or anyone within your organization. grabweb
reserves the right to only pay for referrals that are active. Active is defined
by clients with a website and domain name pointed to a grabweb server with user
uploaded content. Commissions can be earned per each new client referred through
the unique affiliate link. An existing customer, defined by any client who has
had an existing account with us at anytime in the past, would not be eligible
for a commission with the program. Referrals who have signed up using free
domain name services will be subject to manual inspection and may be deemed
invalid by grabweb.
5. Responsibility for Your Site.
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 party's copyrighted or other proprietary material. We will not be
responsible if you use another party's 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 grabweb or state law;
- Provide inaccurate or incomplete information to grabweb 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;
- IFrames may not be used unless given express permission by grabweb, sales made
through hidden IFrames or Cookie Stuffing methods will be considered invalid
You are free to bid on PPC networks for keywords related to grabweb with the
intent to direct traffic to grabweb. However, the following terms are not
allowed:
* "grabweb"
* "grabweb.net"
* "www.grabweb.net"
* "grab web"
However, you may bid on a phrase that includes any of the above terms, eg. "grabweb
review", "grabweb.net hosting", etc. When setting up the display advertisement
in a PPC campaign, it is not permitted to use the display URL "www.grabweb.net"
or "grabweb.net", and ad text in a display ad may not contain the "grabweb"
trademark.
The goal of our guidelines regarding pay-per-click advertisements is to preserve
the integrity of the grabweb brand name and reputation. We do not want
affiliates, or for that matter, any third party, representing themselves as
grabweb or presenting themselves in a way that could be confused with grabweb.
6. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate
Program Application and will end when terminated by either party. Either you or
we may terminate this Agreement at any time, with or without cause, by giving
the other party notice of termination. Notice by e-mail, to your e-mail address
on our records, is considered sufficient notice for to terminate this Agreement.
If this Agreement is terminated because you have violated the terms of this
Agreement you are not eligible to receive any commissions payments, even for
commissions earned prior to the date of termination. If this Agreement is
terminated for any other reason, you are only eligible to earn a commission on
sales occurring during the term of the Agreement, and commissions earned through
the date of termination will remain payable only if the related orders are not
canceled or returned. We reserve the right to withhold your final payment for a
reasonable time to ensure that the correct amount is paid.
7. Modification.
We may modify any of the terms and conditions contained in this Agreement, at
any time and in our sole discretion. Notice of any change by e-mail, to your
address on our records, or the posting on our site of a change notice of a new
agreement, is considered sufficient notice for notifying you of a modification
to the terms and conditions of this Agreement. Modifications may include, but
are not limited to, changes in the scope of available commission fees,
commission schedules, payment procedures, and Affiliate Program rules. All such
modifications shall take effect 48 hours after we serve notice as provided
above, unless we indicate otherwise. If any modification is unacceptable to you,
your only recourse is to terminate this Agreement. Your continued participation
in the Affiliate Program, following our posting of a change notice or new
agreement on our site, will constitute binding acceptance of the change.
8. Relationship of Parties.
You and grabweb 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 anything in this Section. You are not an agent of the grabweb and
grabweb expressly disclaims responsibility for any conduct by you in violation
of our terms of agreement.
9. 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 Affiliate 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 Affiliate Program will not exceed
the total commissions paid or payable to you under this Agreement.
10. Disclaimers.
We make no express or implied warranties or representations with respect to the
Affiliate Program or any COMPANY services or other items sold through the
Program (including, without limitation, warranties of fitness, merchantability,
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 will be uninterrupted or error-free, and we will
not be liable for the consequences of any interruptions or errors.
11. Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and
validly executed and delivered by you and constitutes your legal, valid and
binding obligation, enforceable against you in accordance with its terms; and
that the execution, delivery and performance by you of this Agreement are within
your legal capacity and power; have been duly authorized by all requisite action
on your part; require the approval or consent of no other persons; and neither
violate nor constitute a default under the (i) provision of any law, rule,
regulation, order, judgment or decree to which you are subject or which is
binding upon you, or (ii) the terms of any other agreement, document or
instrument applicable to you or binding upon you. Should any law enforcement
agency or internet service provider provide grabweb with notice that you have
engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in
unlawful conduct or conduct in violation of said service provider's terms of
service, we reserve the right to cooperate in any investigation relating to your
activities including disclosure of your account information in connection
therewith.
12. Confidentiality.
We may disclose to you certain information as a result of your participation as
part of the Program, which information we consider to be confidential (herein
referred to as "Confidential Information"). For purpose of this Agreement, the
term "Confidential Information" shall include, but not be limited to, any
modifications to the terms and provisions of this Affiliate Program Agreement
made specifically for your site and not generally available to other members of
the Affiliate Program, website, business and financial information relating to
grabweb, customer and vendor lists relating to grabweb and any members of the
Affiliate Program, other than you. Confidential Information shall also include
any information that we designate as confidential during the term of this
Agreement. You agree not to disclose any Confidential Information and that such
Confidential Information shall also include any information that we designate as
confidential during the term of this Agreement. You agree not to disclose any
Confidential Information and that such Confidential Information shall remain
strictly confidential and secret and shall not be utilized, directly or
indirectly, by you for your own business purposes or for any other purpose
except and solely to the extent that any such information is generally known or
available to the public or if same is required by law or legal process. We make
no warranty, expressed or implied, with respect to any information delivered
hereunder, including implied warranties of merchantability, fitness for a
particular purpose or freedom from patent, trademark or copyright infringements,
whether arising by law, custom or conduct, or as to the accuracy or completeness
of the information and we shall not have any liability to you or to any other
person resulting from your or such third person's use of the information.
13. Indemnification.
You hereby agree to indemnify, defend and hold harmless grabweb, 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 Florida, without reference to rules governing choice of
laws. grabweb 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. grabweb 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
grabweb affiliate accounts spanning multiple affiliate networks are strictly
prohibited. If you have an account with the grabweb.net in-house affiliate
program and also open a grabweb affiliate account with another network such as
Commission Junction, 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.
15. Binding Arbitration.
By participating in this affiliate program, you agree to binding arbitration for
any disputes or claims that arise against grabweb.net LLC or its subsidiaries in
conjunction with this program. An arbitration firm selected by grabweb.net LLC
will be the sole and final arbitrator for any and all disputes or claims related
or resulting from participation in this program. All decisions rendered are
final. You also are responsible for any and all costs related to such
arbitration.
Last Update: 12th Nov, 2010
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Affiliate Program
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