Our affiliates are significant to Avalon Hosting Services Ltd. (AHS). We want to treat you with the fairness and respect you rightfully deserve. We simply request that you do the same for us. Our Terms and Conditions were written with you in mind and to protect AHS's good name, so please bear with us during this legal formality.
Please ask us if you have any questions. We strongly believe in honest and straightforward communication. For fast answers to your questions, please email us at[email protected]
IMPORTANT-READ CAREFULLY: THIS AFFILIATE PROGRAM AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND AVALON HOSTING SERVICES FOR PARTICIPATION IN THE AVALON HOSTING SERVICES AFFILIATE PROGRAM AS MANAGED BY AVALON HOSTING SERVICES'S INTERNAL PROGRAM. BY REGISTERING FOR AND PARTICIPATING IN OUR PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SIGNUP FOR OR PARTICIPATE IN THE PROGRAM. IF YOU ARE ALREADY AN AVALON HOSTING SERVICES AFFILIATE AND DO NOT AGREE TO THE ENTIRE AFFILIATE AGREEMENT, THEN IMMEDIATELY TERMINATE ALL USES OF AVALON HOSTING SERVICES AFFILIATE MATERIALS, AND ANY AFFILIATE LINKS TO THE AVALON HOSTING SERVICES'S WEBSITE.
If you are accepted to participate in our affiliate program, and your site is thereafter determined (at our sole discretion) to be unsuitable based on the criteria below, we reserve the right to terminate this agreement:
Avalon Hosting Services reserves the right to make changes to the affiliate agreement at any time and solely at our discretion. Continued participation in our affiliate program constitutes your agreement to any and all changes made to this agreement.
Affiliates earn commissions flat 30% on the number of sales they deliver each month:
It is our sole discretion whether or not an affiliate sale is legitimate or not. Avalon Hosting Services reserves the right to deny commissions and/or performance tier increases for reasons including, but not limited to, poor quality affiliate traffic, conversions, low sale cost, high rate of cancellations, and small renewals. We reserve the right to chargeback or deny commissions for faster or higher than regular cancellation rates. We also reserve the right to adjust commission rates below our base rate for performance reasons.
Commissions are paid when affiliates reach a $100 commission balance. Commission balances that have not yet reached $100 will carry over to the next month until the $100 minimum has been reached. Commissions are processed upon withdrawal request and paid by PayPal, Payoneer, Bank Transfer. Payments will be made payable to the PayPal, Payoneer, Bank Transfer account you provided in your affiliate account. All funds are paid in U.S. dollars.
Avalon will not be liable for any of the following aspects:-
The following restrictions apply to all affiliates. If at anytime these restrictions are not adhered to, this agreement will be terminated, and any unpaid commissions will no longer be valid. It is our discretion whether these terms were violated.
We do not and will not tolerate the sending of unsolicited email messages and will prosecute all offenders to the fullest extent of the law. By agreeing to the terms and conditions of this agreement, you also agree to the following.
We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on Avalon Hosting Services's products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and Avalon Hosting Services must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that when there exists a connection between the endorser and the seller of the advertised product, it is imperative that such a connection is fully disclosed. FTC deems the relationship in an endorser-sponsor light, and believes that the end-user has the right to understand that one exists [https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf]. We share the undergirding idea of this approach, and strongly encourage our affiliates to adhere to the FTC's rules. We also reserve the right to terminate the relationship with any non-compliant affiliates.
Avalon Hosting Services does not express or imply any warranties or representations with respect to our affiliate program or an affiliate's potential to earn income from our affiliate program. We make no representation that either our site or that of the affiliate program will be uninterrupted or error-free, and we will not be liable for any consequences of interruptions or server downtime.
10.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of AHS's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of avalonhosting.services and the goodwill associated therewith will inure to the sole benefit of avalonhosting.services.
10.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL AHS'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless AvalonHosting.Services, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
14.1. You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Avalon Hosting Services. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this agreement to any party except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. This agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan without regard to the conflicts of laws and principles thereof.
14.4. You may not amend or waive any provision of this agreement unless in writing and signed by both parties.
14.5. This agreement represents the entire agreement between you and us and shall supersede all prior agreements and communications of the parties, oral or written.
14.6. The headings and titles contained in this agreement are included for convenience only and shall not limit or otherwise affect the terms of this agreement.
14.7. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.