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1.
Joining the Program
By filling out the affiliate registration form you will automatically become an affiliate and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our web site to receive a commission for your referrals.
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2.
Revocation of Affiliate Status
Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (False claims, misleading hyperlinks)
- Spamming (mass email, mass newsgroup posting, etc...)
- Advertising on sites containing/promoting illegal activities
- Violation of intellectual property rights. This includes use the web site name or company name in search engine keyword bidding systems. These include the use of "Spyridon Technologies" and "spyridontech.com".
- Incentive based per click web sites are prohibited. This includes web sites which promote clicking/ordering to qualify to receive a reward such as a product or monetary value.
- Lack of any referrals for a period of 1 year.
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3.
Affiliate Links
You may use graphic and text links both on your web site and in emails. The site may also be advertised "offline" in classified ads, magazines, and newspapers. You may use the graphics provided to you by us ONLY.
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4.
Affiliate Tracking
When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate number. When this person decides to buy a web hosting product, the script will look for this cookie and try to match the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser.
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5. Qualification
Only referrals that contain a hosting package in purchase qualify for commissions. Referred individual(s) must be a customer for at least 30 days at which commission is verified and granted. Accounts that are ordered with the affiliate's name or credit card do not qualify as a referral
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6.
Terms of Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
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7.
Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
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8.
Commission Payment
Commissions deemed due and owed to you under the program will be paid to you directly by Spyridon Tech after any holding period and in accordance with a regular payout cycle established by Spyridon Tech. No commission will be paid for signups by you or anyone within your organization. Spyridon Tech reserves the right to only pay for referrals that are active. Active is defined by clients with a web site and domain name pointed to a Spyridon Tech server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link. Commission payout will occur within 30 days after commission balance posted to Affiliates' account exceeds $100. Commission balances less than $100 shall not be deemed payable.
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9.
Indemnification
You hereby agree to indemnify, defend and hold harmless Spyridon Tech, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
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10.
No Representations or Warranties
The Service offered by Spyridon Tech is on an "as is"
basis, with no representations or warranties of any kind, expressed
or implied. For greater certainty and without limitation to
the generality of the following:
i. Spyridon Tech makes no representations, warranties or guarantees
of any kind, whether written or verbal, regarding the reliability
of the Site provided or any other services offered;
ii. Spyridon Tech is not responsible for deleted, altered,
or lost data due to network or system outrages, file corruption,
accidental deletion, or any other reasons;
iii. Spyridon Tech makes no representations, warranties, or
guarantees with regards to server reliability, speed or consistency;
iv. Spyridon Tech makes no representations, warranties or guarantees
as to the accuracy or correctness of any content on any of the
Sites and is not responsible for any errors or omissions arising
from the use of such information;
v. Spyridon Tech may also include, on its web resources or
in newsletters, information provided by 3rd party partners and
providers. Spyridon Tech does not guarantee or warrant the
reliability of this information nor does Spyridon Tech recommend
any of these services.
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11.
Limitation of Liability
Spyridon Tech is not responsible for any failures, delays,
or interruptions in the delivery of any content or services
contained on the Spyridon Tech server; or losses or damages
arising from the use of the content or services provided by
Spyridon Tech. For greater certainty and without limitation
to the generality of the following:
i. in no event will Spyridon Tech be liable to Affiliate for any
direct, indirect, incidental or consequential damages arising
out of the Service or in connection with the Site or any other
services or products provided to Affiliate or its referrals;
ii. Spyridon Tech, and it's employees shall in no way be liable
to Affiliate or anyone else for any loss or injury resulting from
use of the Service or the Site;
iii. In no event shall Spyridon Tech be held liable for any
damages, whatsoever, as a result of notifying any official of
potentially illegal content on the Site, providing copies of
Affiliates' web pages to the appropriate officials or cooperating
with law enforcement efforts to locate persons who have posted
content that is illegal or promotes illegal conduct.
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12.
Governing Law
i. This Agreement is governed by and construed in accordance
with the applicable laws of the State of Michigan and the federal
laws of USA;
ii. Member and Spyridon Tech agree to submit to the exclusive
jurisdiction of the courts of the State of Michigan and of USA;
iii. If any provision of this Agreement is held to be invalid,
illegal or unenforceable, all other provisions will nevertheless
continue in full force and effect;
iv. Spyridon Tech's failure to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver
of such right or provision unless acknowledged and agreed to
by Spyridon Tech by writing;
v. Member and Spyridon Tech agree that any cause of action
arising out of or related to this Service must commence within
one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred.
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The section
titles in this Agreement are solely used for the convenience
of the parties involved and hold no legal or contractual significance.
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