Affiliate Agreement

This document describes the terms and conditions of the Dot5Hosting Affiliate Program. As used herein, "Program" shall mean this Affiliate Program; Dot5Hosting shall me "we," "our," or "us." "You" or "your" shall mean the Affiliate.

In consideration of the mutual promises and conditions contained herein, Dot5Hosting and you hereby agree to the following.

1. Summary of Program: Under the Affiliate Program, you will be paid a referral fee ("Referral Fee") for each qualified customer ("Referral") that you refer to Dot5Hosting under this Agreement. Each Referral needs to meet the following Criteria ("Criteria"):
   1. Each Referral must be a new and unique visitor to Dot5Hosting and must register by completing and submitting the registration form using a valid and unique e-mail address.
   
   
   2. Each Referral must enroll in a qualified hosting plan or purchase a qualified product and provide a valid payment for the hosting services purchased. To generate a Referral Fee for you, each Referral must be an active, qualified customer of Dot5Hosting and must be up-to-date in all payments at the time the Referral Fees are processed.
   
   
   3. Each Referral must signup in a manner, which in our sole judgment, definitively establishes that the Referral was referred directly from you to Dot5Hosting under this Agreement.
   
   
   4. Each Referral must remain in compliance with our Terms of Service, Acceptable Use Policy and other policies that are active at the time the Referral Fees are processed.
   
   
   5. Referrals cannot be listed in the Client Manager of the ProRewards Program or signed up through a Dot5Hosting Reseller Program.
   
   
   6. Referral Fees shall not be paid for Referrals that are fraudulent or have cancellations, terminations, charge-backs, refunds, outstanding balances or other adjustments.
   
   


2. Permission To Use Dot5Hosting Links: Under the terms of this Program, you will be granted a limited license to display Dot5Hosting banners, buttons and/or hypertext (collectively referred to as "Links") on your Web site, e-mail, newsletter and/or other promotional materials. Dot5Hosting grants you permission to download the Dot5Hosting Links for placement on your Web site, provided you adhere to the terms and conditions set forth in the Agreement. You may only use Links to Dot5Hosting on the Web site(s) that are listed in your application and approved by Dot5Hosting. The maintenance of your site will be your responsibility. The information on Dot5Hosting.com is frequently updated, and you may need to update the content of your Links regularly to maintain the accuracy of your site. On occasion, we may review your site to determine whether it is in compliance with the terms and conditions of this Agreement. We will notify you of any changes we feel should be made to ensure that your Links to Dot5Hosting are appropriate. If you do not make the changes to your site that we feel are necessary, you may be terminated from the Affiliate Program.


3. Link Guidelines:
   1. No Alterations Allowed: The Links, banners and images we provide must not be altered in any way. You can not change content, design, color, font, proportions or animation. The Links may be displayed in a larger size, but must be increased in size proportionally. Dot5Hosting reserves the right to update, revise or alter the Links in any manner from time to time.
   
   
   2. Required Link: The Links must always link to a URL that is provided or approved by Dot5Hosting.
   
   
   3. Positive Presentation: Your Web site must use the Links in a positive manner. The Links may not be used in a way that could disparage or reflect adversely on Dot5Hosting or its products.
   
   
   4. You may not use the Links on any Web site that disparages Dot5Hosting or its products or services, infringes upon any intellectual property or other rights of Dot5Hosting, contains or promotes "adult", pornographic or obscene material or content, promotes gambling, or violates any state, federal or international law.
   
   
   5. Compliance With Laws: You may not use the Links if your Web site infringes any party's intellectual property or other rights, contains or promotes "adult", pornographic or other obscene material or any content prohibited by the Dot5Hosting Acceptable Use Policy, or violates any state, federal or international law.
   
   
   6. You will be responsible for any claims, costs and damages incurred by Dot5Hosting as a result of a violation of these Link Guidelines.
   
   


4. Changes: We reserve the right to change this Agreement, including without limitation, the Links Guidelines and the Compensation, at our discretion. Changes will take effect when posted to the Dot5Hosting Web site. If you do not agree to such changes, you may terminate this Agreement via e-mail notice to affiliates@Dot5Hosting.com.


5. Compensation: We will pay a Referral Fee equal to the specified percentage or dollar amount of any revenue generated by a qualified Referral in the calendar Month in which the Referral signs up the Dot5Hosting account. Information about the specified commission rate will be available through the Affiliate Console section of the Dot5Hosting Web site. We will pay a Referral Fee in check made out in U.S. currency. Affiliates must have a mailing address located in North or South America, Europe, Australia, New Zealand, Asia to receive a payment. Affiliates must complete the online W8/W9 form to receive payment. If W8/W9 form is not completed within 120 days from the end of the month in which the Referral Fee has been earned, said payment will be forfeited. In the case of a lost check or stop-payment request, Payment checks (or Paypal) will only be reissued within 120 days of original issue date.

   You are responsible for informing Dot5Hosting about changes to postal and e-mail addresses. Failure to provide the correct addresses may result in the forfeiture of any payments due to you. Payments that are returned for invalid or insufficient address information, may be forfeited as well. You can update information at any time through the Affiliate Profile form.

   You may choose to receive Referral Fees in the form of credit to your Dot5Hosting hosting account. If you elect to receive Referral Fees in the form of account credit, a check will not be mailed. Dot5Hosting will credit your account in the amount of your Referral Fee, as defined in this Agreement, approximately 45 days after the end of the month in which a Referral Fee was earned.. To change how you receive Referral Fees, edit your Affiliate Profile.

   Referral Fees will be issued approximately 45 days after the end of the month in which a Referral Fee was earned. To qualify to receive payment, your Referral Fee must be at least $25. Based solely on the discretion of Dot5Hosting, payment may be withheld for amounts under $25.

   You will only be compensated for Referrals that purchase Dot5Hosting products via the Links you generate through the Dot5Hosting Affiliate Console. Purchases made by Referrals who have clicked on these Links will be tracked by Dot5Hosting for the purposes of this Affiliate Program. By altering these Links in any way, you may forfeit corresponding Referral Fees.

   Any attempt by an Affiliate to manipulate, falsify or inflate Referrals, to defraud Dot5Hosting, or to violate the terms of this Agreement constitutes immediate grounds for Dot5Hosting to terminate this Agreement and will result in forfeiture of any Referral Fees due to you.

   The Referral Fee of any Referral who is listed in the Client Manager of the ProRewards Program or associated with a Dot5Hosting reseller will be removed from your payment.



6. Taxes: You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, Dot5Hosting will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with tax information within two (2) days of any request issued by Dot5Hosting to issue a Form 1099.


7. Ownership and Property Rights: This Agreement shall not operate as a transfer to you of any rights in or to any of Dot5Hosting's marks or logos, except for the limited license expressly granted hereunder. Dot5Hosting reserves the right in its sole discretion to terminate or modify permission to use the Links at any time. You acknowledge that Dot5Hosting's marks and logos are and shall remain the exclusive property of Dot5Hosting or the applicable third-party owner, and all use by you shall inure solely to the benefit of Dot5Hosting or such third-party owner, as applicable. Dot5Hosting reserves the right to take action against any use that does not conform to this Agreement, infringes any Dot5Hosting intellectual property or other right, or violates other applicable law.


8. Term and Termination: This Agreement shall continue until this terminated by either party. You will be terminated from the program, by e-mail notice, if (i) you do not follow the Links Guidelines or otherwise breach this Agreement, (ii) you attempt to manipulate, falsify or erroneously inflate Referrals. In addition, your failure to comply with our Terms of Service or Acceptable Use Policy will be grounds for termination.

   Any outstanding Referral Fees otherwise due to you will be forfeited if this Agreement is terminated for any reason. Dot5Hosting reserves the right to terminate this Agreement and your participation in this Program immediately and without notice. If any fraud or abuse is detected with respect to any Referral, or if this Agreement is terminated for any reason, Dot5Hosting shall not be liable for any Referral Fees.



9. No Warranty: Dot5Hosting DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING THE LINKS, INCLUDING WARRANTIES AGAINST INFRINGEMENT. Dot5Hosting WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, TERMINATION OF THIS AGREEMENT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.


10. Miscellaneous: Referrals who become customers of Dot5Hosting through this Program will be considered customers of Dot5Hosting. Dot5Hosting's Terms of Service, Acceptable Use Policy, Privacy Statement, rules, policies, and operating procedures will apply to such customers. Dot5Hosting reserves the right to change its policies and operating procedures at any time. The parties hereto are independent contractors acting for their own accounts; may not bind, act for or represent the other; and have no agency, partnership or joint venture relationship. This Agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts without regard to its conflict of laws. All notices and communications under this Agreement shall be in writing, and the same shall be given by e-mail (if to Dot5Hosting, to affiliates@Dot5Hosting.com). This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreements and understandings, both written and oral, which may have existed or exist between the parties with respect to the subject matter hereof. This Agreement may not be modified by you except by a contract in writing signed by both you and Dot5Hosting.


11. Proper Age: BY ACCEPTING THIS CONTRACT, YOU CONFIRM YOU ARE AN ADULT OF AT LEAST 18 YEARS OF AGE (19 OR 21 WHERE APPLICABLE).


12. General: In the event of any conflict between this document and the Terms of Service and Acceptable Use Policy, the provisions of the the Terms of Service and Acceptable Use Policy shall control.