Affiliate Agreement

FOREWORD Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality. If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at You can also use our live chat and helpdesk for communication. Best regards, Frank Affiliate Manager AFFILIATE AGREEMENT PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EZ WEB HOSTING Inc. BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION. 1. Overview This Agreement contains the complete terms and conditions that apply to you becoming and affiliate in Ez Web Hosting Inc’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the EZ Web Hosting Inc’s web site. Please note that throughout this Agreement, we, us, and our refer to Ez Web Hostng Inc and you, your, and yours refer to the affiliate. 2. Affiliate Obligations To begin the enrollment process, you will complete and submit the online application . The fact that we auto approve applications does not imply that we may not re-evaluation your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it: Promotes sexually explicit materials Promotes violence Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age Promotes illegal activities Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law Includes or variations or misspellings thereof in it’s domain name Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene,harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion Contains software downloads that potentially enable diversions of commissions from other affiliates to our program You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are EZ Web Hosting Inc or any other affiliated business. As a member of Ez Web Hosting Inc’s Affiliate Program, you will access affiliate account manager. Here you will be able to review our program’s details and download HTML code (that provides for links to web pages within the web site) and banner creative, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link or other affiliate link we provide you with. Ez Web Hosting Inc. reserves the right, at anytime, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that is up-to date and to notify you of any changes that we feel should enhance your performance. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether to be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights. 3. Rights and Obligations We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the EZ Web Hosting Inc. affiliate program. Ez Web Hosting Inc. reserves the right to terminate this agreement and your participation in the Ez Web Hosting inc affiliate program immediately and without notice to you should you commit fraud in your use of the EZ Web Hosting inc affiliate program or should you abuse this program in any way. If such fraud or abuse is detected, Ez Web Hosting inc shall not be liable to you for any commissions for such fraudulent sales. 4. Termination Either you or we may end this agreement AT ANYTIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this agreement will terminate immediately upon any breach of this Agreement by you. 5. Modification We may modify any of the terms and conditions in this agreement at anytime at our sole discretion. In such event, you will be notified at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Ez Web Hosting inc’s affiliate program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Ez Web Hosting inc’s affiliate program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes. 6. Payment All commissions are in US dollars. Ez Web Hosting inc will issue payments once the total due the affiliate has reached $65.00 USD of total commissions. All commissions are held 45 days before they are are approved. If at that time if the total due the affiliate is $65 or more Ez Web Hosting Inc will make payment to the affiliate for the total due the affiliate. The default payment method is paypal. For US residents we can also mail a check. If a different payment method is required it must be approved by Ez Web Hosting Inc. Please email if you need a different payment method. There is a one hosting commission per referrial limit. If that client later orders a 2nd hosting account the 2nd order will not generate a valid commission. 7. Access to Affiliate Account Manager You will create a password so that you may enter the affiliate account manager. From there you will be able to receive your reports that will describe the commissions due to you. 8. Promotion Restrictions You are free to promote your own websites, but naturally any promotion that mentions EZ Web hosting inc could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by EZ Web Hosting Inc. For example, advertising commonly referred to as spamming is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), posting to non-commercial newsgroups and cross-postings to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote EZ Web Hosting inc as long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Ez Web Hosting inc as long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Ez Web Hosting Inc. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Ez Web Hosting Inc affiliate program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation. Affiliates that amount other keywords or exclusively bid in the Pay-Per-Click campaigns on keywords such as, EzWebHosting any/or any misspellings or similar alterations of these. You can use combinations like ez web hosting reviews. You just can use ez-web-hosting or any similar alteration alone. Affiliates are prohibited from purchasing our products/services through their own affiliate links. Doing so will void the commission generated. Affiliate shall not transmit any so-called interstitials, Parasiteware, Parasitic Marketing, Shopping Assistance Application, Toolbar installations and/or Add-ons, Shopping Wallets or deceptive pop-ups and /or pop-unders to consumers from the time the customer clicks on a qualifying link until such time as the consumer has fully exited EZ Web Hosting inc’s site (i.e., no page from our site or any Ez Web Hosting inc’s content or branding visible on the end-user’s screen). As used herein a parasiteware and Parasitic Marketing shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on web page or email; (b) intercepts searches to redirect traffic through an installed software thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived destination through the results given by the search (search engines being limited to Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading Merchant site in Iframes, hidden automatic pop ups that open Ez Web Hosting Inc’s site; (d) target text on other sites, to other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other maner, other than those that are on website 100% owned by the owner of the application. 9. Grant of Licenses. We grant to you an 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, and similar identifying material (collectively, the Licenses 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 EZ Web hosting inc’s affiliate program. You agree that all uses of the Licensed Materials will be on behalf of Ez Web Hosting inc and the good will associated therewith will insure to the sole benefit of Ez Web Hosting Inc. Each party agrees not to use the others proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in the negative light. Each party reserves all of it’s 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 in transferred to the other. 10. Disclaimer EZ WEB HOSTING INC MAKES NO EXPRESS OR IMPLIED RESPRESENTATIONS OR WARRANTIES REGARDING EZ WEB HOSTING INC SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF EZ WEB HOSTING INC ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 11. Representations and Warranties You represent and warrant that: 11.1 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 it’s terms; 11.2 You have the full right, power and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval of consent of any other party; 11.3 You have sufficient right, title, and interest in and to the rights granted to us in this Agreement. 12. Limitations of Liability WE WILL NOT BE LIABLE FOR YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THERORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOSS BUSINESS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, FURTHER NOTWITHSTANDING ANYTHING TO THE CONTTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL EZ WEB HOSTING INC’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 COMMISIONS FEES PAID TO YOU UNDER THIS AGREEMENT. 13. Indemnification You hereby agree to indemnify and hold harmless Ez Web Hosting Inc 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 user of affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right 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. 14. Confidentiality 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 express written permission of the disclosing party. 15. Miscellaneous 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 Ez Web Hosting Inc. 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 site or otherwise, that reasonably would contradict anything in this Section. 15.2 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. 15.3 This Agreement shall be governed by and interpreted in accordance with laws of the State of North Carolina without regard to the conflicts of laws and principles thereof. 15.4 You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. 15.5 This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral and written. 15.6 The heading and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. 15.7 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 in effectuated, and the remainder of this agreement shall have full force and effect. 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