This Affiliate program agreement (this “Agreement”) is between Hawk Host Inc., a web hosting company formed under the laws of the Province of Ontario with its principal office at 100 King Street West Suite 5700 Toronto, Ontario, M5X 1C7 Canada (“Hawk Host”) and the person (individual or legal person) who signs Hawk Host’s affiliate program (the “Order”) incorporating this Agreement by reference (“User”). This Agreement governs User’s participation in Hawk Host’s affiliate program.
To start the enrollment process, you will need to sign up through our website at https://my.hawkhost.com/affiliates.php. 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 in our sole discretion 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.
As an affiliate website of Hawk Host, 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 under any circumstance be involved in 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 Hawk Host’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 Hawk Host. 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.
Affiliate commissions for shared, reseller, and semi-dedicated hosting referrals are 40% of the first payment of final invoice price. For example, if you refer a user who signs up for the Professional shared plan for one year and the invoice price is $107.88, you will receive $107.88 × 40% = $43.15. Cloud compute referrals earn a one-time $5.00 flat fee commission per order on eligible compute plans (2GB and up), regardless of the order/invoice total for the compute.
Commissions deemed due and owed to you under the program will be paid to you directly by Hawk Host after any holding period and in accordance with a regular payout cycle established by Hawk Host. No commission will be paid for signups by you, your household, or anyone within your organization. Hawk Host 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 Hawk Host server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link.
All commissions are paid by PayPal.
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. 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.
Hawk Host expressly requires you to disclose that there is a “material connection” between you and Hawk Host any time you offer an endorsement or testimonial on our services. Such disclosure should be clear and prominent, meaning close to the endorsement or testimonial.
You agree that you will maintain and follow a privacy policy that complies with all applicable laws and regulations regarding the privacy of visitor information, be commercially reasonable, and fully and accurately disclose your collection and use of visitor information.
Please note: You should obtain legal advice on how to fully comply with these responsibilities in your specific situation.
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:
You may not under any circumstance infringe on Hawk Host trademarks, or any variations and misspellings when utilizing paid search. Examples of prohibited keywords would contain “hawkhost”, “hawk host”, “HawkHost”, “Hawk Host”, “www.hawkhost.com”, “hawkhost.com”, “hawkhost coupons”, “hawkhost reviews”. This is an example and not strictly limited to the keywords mentioned.
Affiliates must earn a minimum affiliate account balance of $100 or more before their account is eligible for payment. Account balances under $100 will remain until the user is eligible to be paid out.
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 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.
You and Hawk Host 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 Hawk Host and Hawk Host expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
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.
We make no express or implied warranties or representations with respect to the Affiliate Program or any products or services sold through the Affiliate Program. In addition, we make no representation that the operation of the sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
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 (i) the 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 Hawk Host 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.
You hereby agree to indemnify, defend and hold harmless Hawk Host, 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) any claim related to your site.
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