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| Affiliate Program Agreement |  |
This Affiliate Agreement ("Agreement") contains the terms and conditions which govern the users ("User") use of the HostDiscovery.net ("Host Discovery") Affiliate Program ("Program").
By establishing an account and by using the Affiliate Program, User represents and warrants that (i) User is at least eighteen (18) years of age, (ii) User possesses the legal right and ability to enter into this Agreement, and (iii) User will constitute acknowledgment of and agreement to the terms outlined in this Agreement.
This Agreement may be revised, in part or in full, at any time by Host Discovery. Continued use of the Program after such changes have been made will constitute acceptance of any revisions to this Agreement.
1. AFFILIATE PAYMENT
User will receive a commission for referring new customers to Host Discovery for shared hosting services. Host Discovery will pay 25% of every payment received by referred customer to the User if the new customer remains with our service for a full 32 days after the referral.
Payment to User will be made by PayPal or if requested, by check. If payment by check is requested, Users agrees to pay all costs (USD $25) associated with the printing and mailing of the check. These costs will be deducted from the Affiliate Payout Amount.
User must reach the Affiliate Payout Amount of USD $25 in order to request a withdrawal.
2. PROGRAM ENROLLMENT AND TERMINATION
The Host Discovery Affiliate Program is only available to current Host Discovery Customers. Enrollment may only be processed if carried out through the Host Discovery Client Area, located at https://secure.hostdiscovery.net/clientarea.php
If User cancels services with Host Discovery, User understands that the current enrollment for the Affiliate Program will be terminated. User may request to have the Affiliate Enrollment terminated by sending a request to accounts@hostdiscovery.net
User understands that upon termination of the Affiliate Program enrollment, User will lose all profits not withdrawn from the Affiliate Payout Amount currently held by User.
3. USER'S RESPONSIBILITIES
Host Discovery operates a zero tolerance SPAM policy. User agrees not to send out mass mailings which include the Host Discovery Affiliate Program links. User may not use misleading advertisements in association with the Affiliate Program. User may not post the Affiliate Program links on websites or services not owned by the User. Doing so may result in the termination of this Agreement.
4. INDEMNIFICATION
User agrees to indemnify and hold harmless Host Discovery against any losses, expenses, claims, damages, liabilities, penalties, attorney's fees, actions, proceedings or judgments to which Host Discovery may become subject and which arise out of, or relate to this Agreement or User's use of the Program.
5. DISCLAIMER OF WARRANTY
THE PROGRAM IS PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. HOST DISCOVERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOST DISCOVERY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL HOST DISCOVERY BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE PROGRAM, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH THE PROGRAM PROVIDED HEREUNDER. IN NO EVENT SHALL HOST DISCOVERY CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 US).
7. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the State of California and the United States of America. User agrees that jurisdiction for any and all claims or disputes shall reside in San Diego County, California, United States of America.
8. MISCELLANEOUS
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement, including the exhibits, attachments and/or addenda, if any, represents the entire Agreement and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between User and Host Discovery with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by the User, but may be so transferred, assigned or delegated by Host Discovery. Any waiver or any provision of this Agreement, or any delay in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
The recourse available to users who become dissatisfied with the Program, the terms and conditions of this Agreement, or any policy, practice, or guideline set forth by Host Discovery will be limited to termination of the Program pursuant to the provisions set forth in Section 2.
Host Discovery
591 Telegraph Canyon Road #926
Chula Vista, CA 91910-6497
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