Last Revised: June 30, 2020
PLEASE READ THIS AGREEMENT CAREFULLY
This Affiliate Agreement (hereinafter the “Agreement”) sets forth the terms and conditions of your use of the InMotion Hosting Affiliate Program (“Program”) and is made and agreed to between InMotion Hosting, Inc, its subsidiary corporations, affiliate corporations, successors and assigns (collectively referred to as “Company” or “Our”) and you (“You”, “Your”, or “Affiliate”), and is made effective as of the date of Your acceptance in to the Program.
Your acceptance of this Agreement signifies that You have read, understand, acknowledge and agree to be bound by this Agreement, along with Company’s Universal Terms of Service Agreement, which is incorporated herein by reference, and all other terms and conditions related thereto.
Company, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Site (this “Site”). You acknowledge and agree that Company may notify You of such changes or modifications by posting them to the Site and that Your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute Your acceptance of this Agreement as last revised. If You do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.
In addition, Company may occasionally notify You of changes or modifications to this Agreement by email. At all times, You must continue to provide Company with Your up-to-date, complete and accurate information, including email contact and payment information. Company assumes no liability or responsibility for Your failure to receive an email notification if such failure results from inaccurate or out-of-date email address. Only individuals 18 years of age or older may participate in the Program. During the sign-up process, and at all subsequent times after sign-up, You must disclose to Company, and Company must approve, the website You will use in conjunction with the Program. You may not assume a false or another person’s or entity’s identity or place advertiser paid links on another website without previously receiving authorization from Company. If You are found to be placing advertiser paid links on an unauthorized website Your Affiliate account will be automatically terminated and all earned, but not-distributed earnings, shall be immediately forfeited and not paid.
THE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM, ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO AFFILIATE ON ACCOUNT OF AFFILIATE’S PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, INABILITY TO PARTICIPATE IN THE PROGRAM, OR FOR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, FROM INABILITY TO PARTICIPATE IN THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE COMPANY NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Once You become a member of the Program You can earn unlimited commissions by the placing of pre-qualified, high converting ad campaigns and links on Your website thereby driving traffic to Our website that converts into a sale of Our qualifying products and services. The process of inserting Our high-performing ads and links on Your website is made easier for You by copying and pasting the ads and links Company make available. After a prospective purchaser is referred to the Site or Site content from a link contained on Your website, the prospective purchaser has ninety (90) days to complete their purchase in order for You to receive a commission payment.
You will only earn a commission for purchases completed through Your affiliate link. You will not earn a commission on any subsequent purchases made by the same purchaser that accesses the Site directly (not through Your link). Should the prospective purchaser click on another link that is not controlled by You, or return to the Site via another source-coded advertising link during the initial ninety (90) days, Your link will be overwritten and You will not receive a commission should that prospective purchaser actually complete a purchase of one of Our products.
Please note that Company do not pay a commission on the purchase of Your own personal hosting accounts or ones purchased by Your employees, agents, representatives, or contractors. Under most circumstances Company does not pay a commission on purchases taken or completed over the telephone or live chat even if the prospective purchaser was referred to us via Your website. Any referrals provided prior to membership in the Company affiliate program are not commissionable and will not be back-dated.
Company reserves the right to deny membership to the Program for any reason. By joining the Program, You agree to the following publishing restrictions and acknowledge and agree that Your website or publishing location shall NOT (and shall NOT enable others to):
- Incorporate or use of our trademarked brand name in Your URL; such as, but not limited to ‘inmotionhosting-reviews, inmotion-hosting, in-motion-hosting, bestinmotionhosting, etc. Any affiliates using a domain with our trademarked name included will be subject to suspension and all commissions will be forfeited;
- Conduct paid search campaigns that utilize keywords such as, but not limited to, ‘inmotion,’ ‘inmotion hosting,’ ‘inmotion web hosting,’ ‘inmotion hosting coupon,’ ‘inmotion hosting discount’ or the like is strictly prohibited;
- Direct link to inmotionhosting.com;
- Use our URL as the display URL of any advertisements;
- Use iframes or any other techniques or technology that places Your affiliate tracking cookie by any means other than an actual click-through;
- Have “InMotion” or “InMotion Hosting” in any capacity as a part of their affiliate username;
- Share the username/password combination used to access Your account with any person. It is Your responsibility to keep this information confidential. You are solely responsible for any and all use of Your Company account, including authorization granted by You to any other person or entity who may use Your account;
- Engage in the advertisement of incentivized programs and business-opportunity sites using marketing practices that might be unethical or likely to attract fraudulent or short-term customers (customers with low retention and renewal rates);
- Allow more than one (1) coupon use per customer for specifically assigned coupon redemption pages;
- Display any content or materials on Your website or through the Company affiliate program that is libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, adult oriented (pornographic) or the offer of any illegal good or service, or Link(s) to a Website(s) that does so and/or engage in spamming, indiscriminate advertising or unsolicited commercial email;
- Promote, solicit or participate in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick,” “build Your wealth,” and “financial independence” offerings. Failure to comply may result in account suspension and forfeiture of commissions.
In addition, as a participant in the Program, You agree to:
- Promptly notify Company by email if You suspect that any clicks are not legitimate, or if an Company affiliate is violating any of the terms of this User Agreement;
- Only use the links, promotional materials, and branding made available through the Program in the precise manner and mode by which such links, promotional materials, and branding are made available pursuant to the Program;
- Only use such links, promotional materials, and branding for the purpose of establishing links to the Site, referring users to the services made available on the Site, and promoting Company as an entity as well as Company services;
- Only use the links, promotional materials, and branding made available pursuant to the Program as additions to the content displayed on his/her web site(s) and that such links, promotional materials, and branding shall not be the sole content on his/her web site(s).
In our sole and absolute discretion, Company reserves the right to terminate this Agreement and Your right to use or receive any services or benefits, including the forfeiture of any past, present or future commissions associated with the Program, and pursue any legal action against You, if You:
- breach of any of the terms herein;
- commit any type of fraud, system abuse or any type of activity deemed to be inappropriate, in violation of this Agreement, or any action deemed illegal in Company sole and absolute discretion.
The commission structure may vary by Affiliate. The commission structure applicable to You may be found in Your Affiliate Impact Radius control panel (“IR Control Panel”). Company expressly reserves the right to change or modify the commission structure at any time, as it determines in its sole discretion, and such changes or modifications shall be effective immediately upon posting to Your IR Control Panel without need for further notice to You. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU ARE NOT ELIGIBLE FOR AND WILL NOT EARN A COMMISSION RELATED TO: (1) SALES THAT SHARE THE SAME PERSONAL/COMPANY DETAILS, INCLUDING BUT NOT LIMITED TO, LAST NAME, EMAIL ADDRESS, IP ADDRESS, WEBSITE DETAILS, OR COMMISSION PAYMENT DETAILS, AS REFERRING AFFILIATE, (2) MULTIPLE PURCHASES BY SAME REFERRED OR EXISTING CUSTOMERS, (3) SALES DEEMED, IN THE COMPANY SOLE DISCRETION, AS FRAUDULENT, OR (3) ANY SALES GENERATED IN CONJUNCTION WITH SPECIAL DISCOUNTS OR COUPONS WITHOUT COMPANY CONSENT, AND ANY VIOLATION OF THE FOREGOING MAY BE SUBJECT TO A REVERSAL OF COMMISSIONS AND TERMINATION OF YOUR AFFILIATE PROGRAM MEMBERSHIP. COMMISSION SALES ARE FOR THE SALE OF HOSTING PLANS ONLY, UNLESS SPECIFIED BY COMPANY PROVIDED PROMOTIONS.
Once Your total commissions due exceed fifty dollars ($50.00), Company will send a commission payment to You via PayPal or wire transfer (as provided in the affiliate system) as determined in advance for the applicable commission (less any taxes required to be withheld under applicable law). Any payment will be based on the following amount commission structure tiers:
- Standard: 1 to 5 monthly approved sale(s) ($50.00 per sale)
- Bronze: 6 to 19 monthly approved sales ($75.00 per sale)
- Silver: 20 to 74 monthly approved sales (Starts at $85.00 per sale and increases based on product)
- Gold: 75 to 149 monthly approved sales (Starts at $150.00 per sale and increases based on product)
- Platinum: 150 or more monthly approved sales (Starts at $150.00 per sale and increases based on product)
Commission payments and statements of activity will be processed approximately sixty (60) calendar days after a purchase is completed and customer approved by either automated services or manually by Company. Payments for verified and approved purchases will occur based on the Affiliate Payout Schedule.
Affiliate Payout Schedule
|Commission Period||Approximate Payout Date|
|Jan 1st-Jan 31st||Mar 25th|
|Feb 1st-Feb 28/29th||Apr 25th|
|Mar 1st-Mar 31st||May 25th|
|Apr 1st-Apr 30th||June 25th|
|May 1st-May 31st||July 25th|
|Jun 1st-Jun 30th||Aug 25th|
|Jul 1st-Jul 31st||Sept 25th|
|Aug 1st-Aug 31st||Oct 25th|
|Sept 1st-Sept 30th||Nov 25th|
|Oct 1st-Oct 31st||Dec 25th|
|Nov 1st-Nov 30th||Jan 25th|
|Dec 1st-Dec 31st||Feb 25th|
Company will not reimburse nor compensate You for any commission or other consideration other than for a valid sale, made solely by You, and in active status for a period of at least sixty (60) days. Company reserves the right to extend the payment date on orders suspected of fraudulent or abusive activity.
Upon Your cancellation of the Program, You acknowledge and agree that Company has the right to charge the lesser of (i) Twenty-Five Dollars ($25.00) or (ii) the unpaid funds remaining in Your Program account as an administrative fee in connection with Your cancellation of the Program. Any funds remaining in Your Program account after the deduction of the administrative fee shall be paid in accordance with selected payment option.
AFFILIATE RESPONSIBILITIES AND OBLIGATIONS PRIVACY OBLIGATIONS
You agree to indemnify, defend and hold harmless Company and its subsidiaries and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Your use of the Program, (ii) any violation by You of this Agreement and/or any of Our agreements, (iii) any breach of any representation, warranty or covenant of Affiliate contained in this Agreement or (iv) any acts or omissions of Affiliate. The terms of this section shall survive any termination of this Agreement
Company shall use commercially reasonable efforts to attempt to provide the Program on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. However, You acknowledge and agree that there will be times the Program may not be available for Your use for any number of reasons, including, without limitation:
- Equipment malfunctions;
- Periodic maintenance, repairs or replacements of the Program’s operating software, hardware, and network: or
- Causes beyond the reasonable control of Company or that are not reasonably foreseeable by Company, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree that Company has no control over the availability of the Program on a continuous or uninterrupted basis, and assumes no liability to You or any other party with regard thereto.
FTC ENDORSEMENT COMPLIANCE
Our aim is to care for our customers in a fair manner and to fully abide by all Federal Trade Commission’s regulations that relate to advertising. At the same time, Company necessitates that our affiliates do so as well. The regulations include, but are not restricted to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising, which necessitates, along with other criteria, that material connections between advertisers and endorsers be revealed. Therefore, directories, review/rating websites, blogs and other websites, email or collateral that claim to provide an endorsement or assessment of an advertiser (in this case InMotion Hosting) must clearly state that the fact financial or in-kind compensation is given by the advertiser.
You can get further information and suggestions on complying with these guidelines via the links below. You are advised to search for and acquire Your own legal advice on how these rules apply to Your website or any promotional activities that You receive compensation for.
InMotion Hosting reserves the right to withhold commission fees and cancel the affiliate relationship with You should Company find, at our discretion, that You are not abiding with the previously mentioned guide or other FTC regulations/guides Company view as applicable.
The FTC offers a variety of resources to help make it easier for You to comply with the guidelines, including:
- Guides Concerning the Use of Endorsements and Testimonials in Advertising: https://www.ftc.gov/policy/federal-register-notices/guides-concerning-use-endorsements-and-testimonials-advertising-16
- The FTC’s Revised Endorsement Guides: What People are Asking: http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking
- Dot Com Disclosures: Information About Online Advertising: https://www.ftc.gov/tips-advice/business-center/guidance/com-disclosures-how-make-effective-disclosures-digital