This Affiliate Program Service Agreement ("Services Agreement") sets forth the terms and conditions of your use of Purple Fish Hosting Affiliate Program ("Affiliate Program") and serves to supplement the Registration Agreement ("Agreement") between you on the one hand and Purple Fish Hosting, Inc. ("Purple Fish Hosting") on the other. In this Agreement "you" and "your" refer to you or any agent, employee, servant or person authorized to act on your behalf, and the registrant listed in the WHOIS contact information for the domain name. "We", "us" and "our" refer to Purple Fish Hosting, Inc. ("Purple Fish Hosting").
This Services Agreement explains our obligations to you, and explains your obligations to us for the Affiliate Program offered by Purple Fish Hosting. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Purple Fish Hosting service(s) or products or to cancel your Purple Fish Hosting service(s) (even if we were not notified of such authorization), this Services Agreement covers such service or actions.
- DESCRIPTION OF THE AFFILIATE PROGRAM
To enroll in the Affiliate Program, you must be a Purple Fish Hosting customer in good standing, subject to and in compliance with the requirements of the Purple Fish Hosting Registration Agreement. Acceptance into the Affiliate Program is at our sole discretion, which may be withheld for any reason or for no reason at all.
Purple Fish Hosting Affiliate Program allows you to provide a platform for advertising Purple Fish Hosting via your "web site" or "publishing location" (such as an electronic newsletter or blog), thereby driving traffic to Purple Fish Hosting web site or web site content, whereby you may earn a portion of the revenue generated ("commission") if a person or entity that is not you ("visitor") makes their first purchase of a Purple Fish Hosting product or service after being referred to the Purple Fish Hosting web site from an internet hyperlink ("link") contained on your web site or publishing location.
After being referred to the Purple Fish Hosting web site from a link contained on your web site or publishing location, visitors have fifteen (15) days to complete their purchase in order for you to receive a commission. Should the visitor click on another web site or publishing location’s link that is not controlled by you, or return to the Purple Fish Hosting web site via another source-coded advertising link during the initial fifteen (15) days, your link will be overwritten and you will not receive a commission for that visitor’s purchase. All Purple Fish Hosting products and services, except for hosting addon products, will be eligible for a commission.
You acknowledge and agree that only first purchases completed by visitor through Purple Fish Hosting web site will be eligible for a commission.
- PARTICIPATION IN THE AFFILIATE PROGRAM
You are not eligible for a commission payment on purchases made by you, your employees, agents, representatives, or contractors, as well as made from several accounts owned by the same person as far as commission is paid for the first purchase only made by a certain person; and Purple Fish Hosting employees (and their immediate family members) are not allowed to participate in Purple Fish Hosting Affiliate Program.
- WEB SITE AND PUBLISHING LOCATION RESTRICTIONS
You acknowledge and agree that your web site or publishing location shall not (and shall not enable others to):
- Contain false, inaccurate or misleading information about Purple Fish Hosting products and services;
- Be a Purple Fish Hosting look-a-like site that gives an impression that it is affiliated with Purple Fish Hosting.com;
- Display, promote or sell illegal content, or offer any illegal product or service;
- Engage in sending unsolicited commercial email ("spam") or indiscriminate advertising;
- Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by Purple Fish Hosting in its sole discretion;
- Violate any applicable law;
- Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
- Contain links to web sites containing any of the aforementioned content;
- Cause any purchases to be made that are not in good faith (such as using any device, program, robot iframes, or hidden frames, etc.).
In addition, you acknowledge and agree that you shall not:
- Copy, alter or modify any icons, buttons, banners, graphics, files, or content contained in Purple Fish Hosting links, including but not limited to removing or altering any copyright or trademark notices. You recognize that Purple Fish Hosting owns all rights in and to all information regarding the visitors that you refer to Purple Fish Hosting web site;
- Alter the tracking codes to allow you to collect personally identifiable information of visitors that would allow you to personally identify visitors;
- Do anything to give the impression to anyone that you are an Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar;
- Engage in activities that Purple Fish Hosting determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation;
You acknowledge and agree that Purple Fish Hosting may terminate Services if you, your web site or your publishing location violates, as determined by Purple Fish Hosting in its sole discretion, any of the aforementioned restrictions or additional restrictions.
- We will pay you a flat 10% commission on any first sale completed by visitors who are not already Purple Fish Hosting customers. Purple Fish Hosting will hold the commissions on all orders for thirty (30) days from the purchase date. After this time, commission will be paid out to either your Purple Fish Hosting account funds or PayPal (for PayPal there is a minimum requirement currently set to $25 (US dollars).
- You acknowledge and agree that commissions are not accumulated for orders made using promotion coupon codes. Commissions will be debited or withheld on any orders refunded for fraud or charged back by the issuing bank.
- Purple Fish Hosting will track all commissions earned and may, at its sole discretion, decide not to pay any commission to you should we believe that any referral has been made in violation of its guidelines, due to visitor/customer fraud, or due to visitor/customer contract cancellation. It is your sole and absolute duty to follow precisely this Agreement and its guidelines at all times. Purple Fish Hosting is under no obligation whatsoever to pay any commission to any affiliate who does not strictly follow this Agreement and its guidelines, as modified from time to time.
As an affiliate, we provide you with the links necessary to promote Purple Fish Hosting products and services, which you may display in any area of your web site or publishing location as you wish. The links will identify your site as a member of our Affiliate Program and will establish a link from your web site or publishing location to ours. You may promote the products and services that Purple Fish Hosting offers in any manner you choose unless it misleads visitors about Purple Fish Hosting services.
Purple Fish Hosting is responsible for payment processing, cancellations, returns and other related customer service for Purple Fish Hosting products and services. However, Purple Fish Hosting will not be responsible for lost sales due to technical difficulties preventing Purple Fish Hosting from registering a domain name or providing any other product or service to the visitor. Purple Fish Hosting is also responsible for tracking affiliate sales and commissions and providing this information to the affiliate via activity reporting tool available within Purple Fish Hosting account.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
With respect to ICANN, the registry operators, and Purple Fish Hosting, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under the Agreements, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under these Agreements, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of these Agreements by you. The terms of this paragraph will survive any termination or cancellation of the Agreements.
You attest that you are of legal age to enter into this Services Agreement.
This Services Agreement, the referenced agreements, the ICANN Policy and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Services Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
Nothing contained in this Services Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Services Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Services Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Except as otherwise set forth herein, your rights under this Services Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Services Agreement, whether by attachment, levy, garnishment or otherwise, renders this Services Agreement voidable at our option.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Purple Fish Hosting, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Purple Fish Hosting may immediately terminate this Services Agreement.
The section headings appearing in this Services Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.