Affiliate Agreement

The terms and conditions governing your application to and participation in the Hostagle Affiliate Program (the “Affiliate Program”) as a Hostagle affiliate (an “Affiliate”) and the creation of links from your website to ours, https://www.hostagle.com, are set forth in this Affiliate Agreement (“Agreement”).

“[Hostagle]” shall refer to Endurance International Group (India) Private Limited for all customers in India and P.D.R Solutions (U.S.) LLC for all Affiliates outside of India.

You are confirming that you have read this agreement and the Hostagle terms and conditions and that you agree to be bound by them by submitting an application to join or by taking part in the affiliate programme.

Definitions

  1. A) “Affiliate” refers to the company, person, or entity that applies for or joins the Affiliate Program, or that advertises Hostagle’s goods, services, and/or promotions on its website or through other channels in return for a commission from Hostagle for sales that are directly attributed to such advertising.
  2. B) “Affiliate Site” refers to the Affiliate’s website that showcases Hostagle’s goods and services as well as any associated promotions.
  3. C) “Hostagle’s Goods and Services” refers to the web hosting and associated goods and services offered by Hostagle.
  4. D) “Commission Fees” refers to the amount you will receive, subject to the Commission Threshold and in accordance with the provisions of this Agreement, for each Qualifying Purchase made by a Referred Customer that you have recommended to Hostagle.
  5. E) “Commission Threshold” – The quantity of Commission Fees that an Affiliate must accumulate before being paid by Hostagle.
  6. F) “Qualified Purchase” refers to a Hostagle sale of goods and services to a referred client that is not covered by Section 5.
  7. G) “Referred Client” refers to each new and distinct customer that an Affiliate refers via a Link and who offers accurate account and invoicing details.
  8. H) “Registration Form” refers to any and all order forms, sign-up forms, or acceptance forms that a customer submits to purchase goods and services from Hostagle.

Enrollment in the Affiliate Program

  1. A) You must submit a completed Affiliate Program Signup Form in order to start the enrolling process.
  2. B) We will consider your application in good faith and promptly let you know if it has been accepted or rejected. If we think that your website is not appropriate for the Affiliate Program for any reason, including but not limited to the inclusion of content that is, in our judgement, illegal or otherwise violates our Acceptable Use Policy, we reserve the right to reject your application.
  3. C) You may not reapply to the Affiliate Program with the same domain name/URL or with a new domain name/URL and then add the previously rejected domain name/URL to your affiliate account if we reject your application for any reason. Hostagle maintains the right to reject any prospective affiliate or to remove them from the Affiliate Program at any time, with or without notice, in its sole discretion.

Promotion of our Affiliate Relationship

  1. A) Use of links. We will make a range of graphic and textual connections available to you if you meet the requirements and agree to participate as an Affiliate (each referred to herein as a “Link” or collectively, as the “Links”). The Links will establish a link from your website or email to Hostagle’s website and serve to identify your website as a member of the Affiliate Program. You consent to working closely with us to set up and keep up these Links. You also acknowledge that this Agreement must always be followed when using the Links. The Links may occasionally be modified by Hostagle at its sole discretion. You won’t promote Hostagle using visual or textual imagery (indicating a link) or text messages unless Hostagle has approved them in advance. The Links must be prominently displayed on all Affiliate Sites in the appropriate areas of their websites. Also, you consent to refrain from employing cookie stuffing strategies that secretly place the affiliate tracking cookie on the referred customer (e.g. iframe). All information about Hostagle that will be shown on the Affiliate Site requires prior written approval from Hostagle.

1) Disclaimer. EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE Hostagle TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “Hostagle IP”) (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) WITHOUT Hostagle’s EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE Hostagle IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY “INITIAL INTEREST CONFUSION” OVER THE USE OF Hostagle IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF Hostagle IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF Hostagle INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING  POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY Hostagle LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH Hostagle SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF Hostagle’s INTELLECTUAL PROPERTY RIGHTS.

2) Discounts and Coupons. Without Hostagle’s prior written approval in each case, you are not permitted to post any refunds, credits, or discounts on the products and services of Hostagle or any content relating to Hostagle. Affiliates are limited to using banners and links to promote deals and discounts that are available only through the Affiliate Program. The style, feel, or functionality of the Hostagle website will not be changed in any way by each Link directing visitors of the Affiliate Site to the relevant section. As a serious breach of this Agreement, any violations of the rules governing links, coupons, refunds, credits, or discounts may result in your removal from the Affiliate Program or the withholding of Commission Fees.

FTC Endorsement Compliance

  1. A) Hostagle wants to treat every one of its clients fairly. As a result, we demand that all Hostagle Affiliates abide by all applicable laws, rules, and marketing-related policies. This includes, but is not limited to, the FTC Endorsement Guidelines, which call for the disclosure of any real or apparent ties between endorsers and advertisers. As a result, you must clearly disclose this information on all Affiliate Sites (such as directories, review/rating websites, blogs, and other websites) as well as any emails or other marketing materials that offer an endorsement or evaluation of Hostagle’s products and services.
  2. B) If Hostagle determines, in its sole discretion, that you are not in accordance with the aforementioned guide or other FTC regulations or guides that we believe relevant, Hostagle retains the right to withhold Commission Fees and terminate the affiliate agreement with you.

Order Processing

Orders placed by Referred Customers who access Hostagle through a link from an affiliate website will be processed by Hostagle. Orders that do not adhere to the guidelines we may occasionally establish may be rejected by us at our sole discretion. We will be in charge of handling all part of order processing and fulfilment, including Hostagle’s services, cancellation, processing, refunds, and payment processing. We’ll keep track of the Qualifying Purchases made through your Affiliate Site and provide you with this data via our website. You are responsible for making sure that the Connections between your website and our website are formatted correctly in order to allow for precise tracking, reporting, and commission accrual.

Commission Determination; Qualified Purchases

1) For each Qualifying Purchase (as defined below), commissions will be computed using the commission rates listed on the Hostagle website, subject to commission accruing in accordance with Section 7 below. The following items are NOT included in a “Qualified Purchase”:

  1. A) A purchase made by a Recommended Client that came from one of Hostagle’s affiliates or subsidiaries.
  2. B) A purchase made by a Recommended Customer who is also a participant in any reseller, referral, or other programme offered by Hostagle.
  3. C) A purchase made by a referred customer that has unpaid invoices or is covered by a referral, rebate, or other programme.
  4. D) A purchase made before the affiliate joined the affiliate programme or one that was improperly tracked via an affiliate link.
  5. E) A purchase made by a Recommended Customer that has not been in good standing for at least ninety (90) days or that at the time the Commission Fees accrue is in breach of the Terms of Service, Acceptable Usage Policy, or any other relevant rules.
  6. F) A transaction that Hostagle suspects, in its sole discretion, is the result of fraud, including but not limited to the use of software that generates genuine and false information, numerous accounts from the same customer, or the referral of accounts that are in violation of this Agreement.
  7. G) A purchase that was recommended by an Affiliate and that Hostagle determines has an excessive cancellation rate.
  8. H) A purchase made by a referred customer who has received coupons, credits, refunds, or other savings from the affiliate.
  9. I) A purchase made by a Recommended Client who, in our sole discretion, is either an Affiliate or is advertising a business opportunity programme.
  10. J) A purchase made by a Recommended Client who, while making their purchase, left the Hostagle website and saw a popup with a promotional offer.
  11. K) A purchase made by a referred customer who is engaging in “Domain Speculation,” which is defined as Hostagle identifying two (2) web hosting accounts with the same name, email address, or other identifying characteristic of the referred customer, and/or identifying two (2) or more web hosting accounts with no content on their websites or with similar content, templates, or formatting.
  12. L) It is understood that Impact Radius Inc, a representative of the Company (hence referred to as the “Agent” or “Subcontractor”), will pay the Affiliate all Commission Fees due.

2) In order to assess the reliability and cancellation rates of referred customers, Hostagle maintains the right to refuse to pay first compensation fees to affiliates who are new to the affiliate programme or who have commissions that may be fraudulent.

  1. A) If Hostagle suspects fraud, other inappropriate action, or a potential violation of any of the conditions of this Agreement by the Affiliate or a Referred Customer, it reserves the right to immediately and indefinitely stop paying Commission Payments. Hostagle maintains the right to withdraw any and all Commission Fees associated with any fraudulent, dubious, or cancelled orders from Affiliate’s current and future Commission Fees. After the programme or the referred customer is terminated, Hostagle will send the affiliate a bill for the remaining amount of the refunded purchase if no additional commission fees are due and owing.
  2. B) Any Commission Fee that does not satisfy the requirements of a “Qualified Purchase” may be immediately cancelled or held for later review by Hostagle. Hostagle is not required to actively inform Affiliates of the status of Commission Payments; Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees. Affiliate has thirty (30) days from the day the payment would have been due to get in touch with Hostagle and ask for the Commission Fee to be paid if they have any questions regarding a Commission Fee that has been cancelled or withheld. Hostagle absolutely reserves the right to change its mind concerning Commission Fees that have been cancelled or withheld.
  3. C) Commissions for any Recommended Client connected to any Hostagle reseller, referral, or other programme might not be viewed as Qualified Purchases. In other words, you cannot get paid twice for the same service.
  4. D) Hostagle maintains the right to withhold or deny any pending or future Commission Payments due to such Affiliate in the event that the Referred Customers that an Affiliate refers to Hostagle are found to have an excessive cancellation rate, as determined by Hostagle in its sole discretion.
  5. E) Any attempt by an Affiliate to manipulate, falsify, or inflate Referred Customers, Qualified Purchases, or Commission Fees in order to wilfully defraud Hostagle, as well as any violation of the terms of this Agreement, will be cause for immediate termination of the Affiliate’s participation in the Affiliate Program and forfeiture of any Commission Fees owed to the Affiliate.

  • You shall not use self-referral methods, you can’t click on your affiliate links and/or banners and make orders via your unique affiliate link. Matching IP addresses that were used to log in to the Affiliate panel and to make the purchase, are going to be considered as self-referral and no exceptions will be made. Additionally, the use of VPN services to make a purchase via the affiliate link will also be considered a violation. Violations can result in the loss of all accrued Rewards and dismissal from the program.

Accrual of Commissions

Only as applied to Qualified Purchases that occurred within ninety (90) days of the end of the calendar month in which the first of such Qualified Purchases occurred will commissions accrue and only become payable once you I provide all pertinent tax and address documentation in accordance with Section 8 below and (ii) reach the Commission Threshold. For instance, if you offer sign-ups that lead to one Qualified Purchase on January 1st and another sign-up that results in a Qualified Purchase on August 10th, and you submit all required tax documentation on August 10th, no commission would be earned because the second Qualified Purchase happened more than one hundred and eighty (180) days after the end of January, when the first Qualified Purchase happened. On September 5th of the same year, however, if you subsequently provide a signup that results in another Qualified Purchase, a commission of $100 would be earned on those final two Qualified Purchases (i.e., the Qualified Purchases from August and September of the same year). To continue to be eligible for commission accrual under this Section 7, all Qualifying Purchases must continue to be active and in good standing in accordance with the conditions of this Agreement. A commission under this Section 7 will become due and payable to you once it has accrued (the “Commission Fee”) in accordance with Section 7. According to the rules of this Agreement, Hostagle reserves the right to amend this Agreement and change the Commission Threshold. In such a case, you will be notified.

Commission Payments

  1. A) Commissions will be calculated in accordance with the specified percentage or the amount shown in the commission report in your Affiliate Console for each Qualified Purchase that accrues during the period for which such commission fee is being calculated, subject to the terms of this Agreement and the accrual of commissions as described in Section 7 above.

1) The processing of commission fees will take place between fifteen and thirty days after the month’s or another period’s end during which they accrue. You will only receive payment from Hostagle for Qualifying Purchases performed in compliance with this Agreement.

2) Commission Fees will be paid in accordance with the most recent details in your Affiliate profile. By updating your profile information in the Affiliate console, you must promptly let us know if your address changes. It is your responsibility to let Hostagle know what kind of payment method you choose. By updating your affiliate profile, which is found in the affiliate console, you can change or update your preferred payment method whenever you like. It could take up to two payout cycles for any changes to your preferred payment method to take effect.

3) Hostagle reserves the right to change the available commission payment options or the payment schedule at any time, in its sole discretion. When posted, such changes shall become effective.

4) Disputes: Affiliate undertakes to submit any disputes within forty-five (45) days following the end of the month in which the sale or event in question occurred. Affiliate has access to real-time Affiliate Program statistics from Hostagle. Hostagle will not accept disputes that are filed more than forty-five (45) days after the disputed sale or event took place, and the affiliate forfeits all future rights to a claim.

5) It is entirely your responsibility to give Hostagle the precise tax and payment information required in order to grant you a Commission Fee. The applicable commissions will not accrue and there will be no Commission Fees owed with respect to a Qualified Purchase if Hostagle does not receive the required tax or payment information within ninety (90) days of the Qualified Purchase that would otherwise result in Commission Fees.

6) A W8/W9 tax form must be submitted by each Affiliate before any commission fees can start to accumulate.

All taxes pertaining to the commissions you receive under this Agreement must be paid by you. Hostagle will issue a Form 1099 to Affiliates whose earnings meet or exceed the relevant threshold in accordance with Indian tax laws.

1) Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Hostagle or any violation of the terms of this Agreement constitutes immediate grounds for Hostagle to terminate the Affiliates participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.

Accrual of Commissions

Only as applied to Qualified Purchases that occurred within ninety (90) days of the end of the calendar month in which the first of such Qualified Purchases occurred will commissions accrue and only become payable once you (i) provide all pertinent tax and address documentation in accordance with Section 8 below and (ii) reach the Commission Threshold. For instance, if you offer sign-ups that lead to one Qualified Purchase on January 1st and another sign-up that results in a Qualified Purchase on August 10th, and you submit all required tax documentation on August 10th, no commission would be earned because the second Qualified Purchase happened more than one hundred and eighty (180) days after the end of January, when the first Qualified Purchase happened. On September 5th of the same year, however, if you subsequently offer a signup that results in another Qualified Purchase, a commission of $100 would be earned on those final two Qualified Purchases (i.e., the Qualified Purchases from August and September of the same year). To be eligible for commissions under Section 7, purchases must be in good standing and active according to the terms of the agreement. Once a commission has been earned, it will be paid out in accordance with Section 7. Hostagle can change the Commission Threshold by changing the agreement and will notify you accordingly.

Commission Payments

  1. A) Subject to the terms of this Agreement and the accrual of commissions as set forth in Section 7 above, commissions will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Console for each Qualified Purchase that accrues during the period for which such commission fee is being calculated.

1) Commission Fees will be processed approximately fifteen (15) to thirty (30) days after the end of the month or other period in which they accrue. Hostagle will only compensate you for Qualified Purchases made in accordance with this Agreement.

2) Commission Fees shall be paid based on the current information in your Affiliate profile. You are required to notify us promptly of any change in your address by updating your profile information in the Affiliate console. You are responsible for informing Hostagle of your desired payment form/type.  You can update or change your desired payment method at any time by updating your affiliate profile located in the affiliate console. Any changes to your desired payment method may take up to two payout cycles to take effect.

 3) Hostagle, in its sole discretion, reserves the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.

 4) Disputes: Affiliate has access to Hostagle’s real-time Affiliate Program statistics and agrees to file any disputes within forty-five (45) days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by Hostagle and Affiliate forfeits forever any rights to a potential claim.

5) It is solely your responsibility to provide Hostagle with accurate tax and payment information that is necessary to issue a Commission Fee to you. If Hostagle does not receive the necessary tax or payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall not accrue and no Commission Fees will be owed with respect to such Qualified Purchase.

6) Each Affiliate is required to submit a W8/W9 tax form before any Commission Fees shall accrue.

You are responsible for the payment of all taxes related to the commissions you receive under this Agreement. In compliance with U.S. tax laws, Hostagle will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold.

  1. Any address change must be made in the Affiliate profile in the affiliate console at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed.
  2. A) This section governs the calculation and payment of commissions for Qualified Purchases made through your affiliate link, subject to the terms of this Agreement and Section 7. The Commission Fees will be calculated based on the percentage or amount specified in the commission report in your Affiliate Console for each Qualified Purchase made during the relevant period.

1) Commission Fees will be processed and paid out 15-30 days after the end of the month or other applicable period, and Hostagle will only compensate you for Qualified Purchases made in compliance with this Agreement.

2) The Commission Fees will be paid based on the current information in your Affiliate profile, and it’s your responsibility to notify Hostagle of any address changes or desired payment method. Hostagle reserves the right to modify the available commission payment methods or schedule at any time, and any changes will take effect when posted.

3) If you have any disputes, you must file them within 45 days of the disputed sale or event through Hostagle’s real-time Affiliate Program statistics. Failure to do so forfeits your right to a potential claim.

4) To receive the Commission Fee, you must provide accurate tax and payment information within 90 days of a Qualified Purchase. You’re required to submit a W8/W9 tax form before any Commission Fees shall accrue.

5) You’re responsible for paying any taxes related to the commissions you receive. Hostagle will issue a Form 1099 for earnings that meet or exceed the applicable threshold.

  1. Any address changes must be made at least 15 business days before the end of the calendar month to ensure timely processing of Commission Fees for that month.

Reports of Qualified Purchases

You can check your click-through and potential Qualified Purchases statistics daily by logging into your affiliate console. However, please note that the potential Qualified Purchases shown in the report have not been reviewed to confirm whether they meet all the criteria for Qualified Purchases. As a result, not all Referred Customers that appear in the affiliate console may be eligible for Commission Fees.

Obligations Regarding Your Affiliate Site

1) As an affiliate, you are responsible for creating, operating, and maintaining your own website and all the content that appears on it, including product reviews, descriptions, and links to our website. This includes ensuring that all materials posted on your site are accurate, lawful, and do not infringe upon any third-party rights. We are not liable for any issues related to the content or operation of your website.

2) We reserve the right to monitor sign-ups through your website and terminate your participation in the affiliate program immediately if we find that you are not complying with the terms of the agreement.

Hostagle Responsibilities

We will give you all the necessary information to create links from your website to our website. Hostagle will handle all order processing, such as payment processing, cancellations, and refunds, for customers who purchase Hostagle products and services through your website’s referral link. Hostagle will also track the number and value of purchases made by referred customers and provide affiliates with information about their referral statistics. Hostagle is solely responsible for all aspects of order processing, including payment processing, cancellations, refunds, and other related services.

Policies and Pricing

Referred Customers are regarded as Hostagle Customers if they purchase Hostagle goods and services through our affiliate network. Such customers shall be subject to the Terms and Conditions, rules, policies, and operational guidelines of Hostagle. Our rules, prices, and operational methods are subject to change at any time. For instance, in accordance with our own pricing policy, Hostagle chooses the prices to be applied to Hostagle Products and Services sold through the affiliate network. Hostagle product and service costs and availability can fluctuate from time to time, depending on the affiliate, the location, and the region. You may or may not be able to add price information in your product descriptions because price changes may have an impact on products that you have listed on your affiliate site. Although we will make a reasonable commercial attempt to do so, we cannot guarantee the availability or cost of any specific Hostagle Product or Service.

E-mails and Publicity

Any mass email communications, often known as “SPAM,” may not be created, published, transmitted, or distributed without Hostagle’s prior written approval, which may be granted or withheld in any case at Hostagle’s sole discretion. Furthermore, you may only send emails with a Hostagle affiliate link and/or information about Hostagle or its affiliate programme to recipients who have already given their agreement to receive such messages from you. You will be considered to have materially breached this Agreement if you do not comply with this Section 13, the CAN-SPAM Act of 2003, our Anti-Spam Policy, and all applicable laws governing email communications. As a result, your participation in the Affiliate Program will be terminated as well as any rights you may have to commissions. Moreover, the Affiliate relationship may end if your account receives an excessive number of clicks in a brief period of time, as decided by Hostagle in its sole discretion.

Licenses and Use of Hostagle Logos and Trademarks

  1. A) We grant you a non-exclusive, non-transferable, revocable licence to (i) access our website through the Links solely in accordance with the terms of this Agreement and (ii) use the Hostagle trademark and logo and other similar identifying materials provided by us solely in connection with such Links (collectively, the “Licensed Materials”). This licence is only for the purpose of selling Hostagle Pro. The Licensed Content may not be changed, modified, or altered in any way. Only while you are an Affiliate in good standing and in compliance with all of the provisions of this Agreement are you permitted to utilise the Licensed Content.
  2. B) Without first sending us a sample and obtaining Hostagle’s express prior writing authorization in each instance, you may not use the Licensed Materials for any purposes other than marketing Hostagle products and services. You are not permitted to utilise the Licensed Materials in any way that disparages Hostagle, any hosted member of Hostagle, or any employee or representative of Hostagle. Your right to use the Licensed Materials is restricted to the way indicated in this document, and we reserve all of our rights in those materials. Your licence may be revoked at any time, with writing notification to you. This licence will end immediately if it hasn’t already if your participation in the Affiliate Program is terminated.
  3. C) You give us a non-exclusive licence to use your name, position, logos, and trademarks (the “Affiliate Trademarks”) in any advertisements or other materials that promote Hostagle and the Affiliate Program, provided that Hostagle’s use of the Affiliate Trademarks is optional and at its sole discretion. After your participation in the Affiliate Program is over, this licence expires.

Term and Termination

  1. A) The period of this agreement (the “Term”) will start when we accept your application for our affiliate programme and will end when terminated by either party. This agreement may be terminated at any time, with or without cause, by either party.
  2. B) Only purchases made during the Period qualify as Qualifying Purchases for you to receive Commission Fees. Only if the orders for the associated Hostagle Products and Services are not cancelled within 45 days and conform with all of the requirements of this Agreement will commission fees received prior to the date of termination be eligible for commissions. To make sure that all Qualifying Purchases are real and payments from Referred Customers are legitimate, as decided by Hostagle in its sole discretion, we may withhold your final payment of Commission Fees for a reasonable period of time.

1) Any Affiliate who disobeys the terms of this Agreement, the terms and conditions of Hostagle, or any applicable legislation forfeits all rights to any and all accumulated but unpaid Commission Fees and is immediately dropped from the Affiliate Program.

2) Hostagle maintains the right, at any time and for any reason, in its sole discretion, to remove an Affiliate from the Affiliate Program and to cancel or suspend this Agreement.

Modification

Unless you specifically agree differently herein, we may alter this Agreement at any time in our sole discretion; however, the change shall only apply to circumstances that arise after the date on which you accept and consent to such revisions. Any changes shall become effective upon posting to our website. Changes could affect the range of eligible commission fees, commission amounts or percentages, payment methods, commission fee payment schedules, and affiliate programme regulations, among other things. Your only option if any modification offends you is to end this agreement, in which case you will continue to be entitled to the rights outlined in the original agreement up until the date of the relevant modification.

Disclaimers

Regarding the Affiliate Program or any Hostagle Products and Services offered through the Affiliate Program, we make no guarantees or warranties, either stated or implied (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). Furthermore, we make no warranty that the functionality of our website will be uninterrupted or error-free, and we disclaim all responsibility for any repercussions of such interruptions or errors, including the failure to monitor information about referred customers during any interruption.

Relationship of Parties

Nothing in this Agreement shall establish a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Hostagle as you are both independent contractors. No offers or representations may be made or accepted on our behalf by you. You won’t say anything that conflicts with anything in this area, whether it’s on your affiliate site or elsewhere.

Representations and Warranties

You thus guarantee and signify to us that:

1) You acknowledge having read, comprehending, and agreeing to be bound by the provisions of this Agreement.

2) You will not violate any of the following through your acceptance of this Agreement or your participation in the Affiliate Program: (i) any provision of any law, rule, or regulation to which you are subject; (ii) any order, judgement, or decree that applies to you or has a binding effect on your assets or properties; (iii) any provision of your by-laws or certificate of incorporation; or (iv) any agreement or other document that applies to you or has a binding effect on your assets or properties.

3) You are the sole and exclusive owner of the Affiliate Trademarks, and you have the authority to grant Hostagle a licence to use those marks as described here. This grant will not (i) violate, conflict with, or be in breach of any agreement or other document that is binding on your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third party or entity.

4) In order to enter into this Agreement, you are not required to seek the consent, approval, authorization, exemption by, or filing with any governmental authority or third party.

5) The Affiliate Trademarks are not the subject of any pending or threatened claims, actions, or proceedings against you or any of your affiliates, and, to the best of your knowledge, there is no legal justification for any such claims, actions, or proceedings.

6) You won’t publish any material on your Affiliate Site during the Term that, in our judgement, is illegal, harmful, threatening, defamatory, obscene, harassing, objectionable due to race, ethics, or other factors, or that is against our terms and conditions or acceptable use policy.

7) You have attained the age of eighteen (18).

8) Each Recommended Client satisfies the requirements of a Qualified Purchase for generating a Commission Fee in accordance with the terms of this Agreement and is legitimate, authentic, and distinct.

Limitation of Liability

Even if we have been informed of the possibility of such damages, we will not be liable for any indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program. Furthermore, the total commissions paid or payable to you under this Agreement during the three (3) month period immediately before the event giving rise to such liability will not exceed our aggregate liability arising with respect to this Agreement and the Affiliate Program.

Indemnification

This is a legal clause that states that if any legal claims are brought against Hostagle or its affiliates due to your use of their affiliate trademarks or your website, you agree to take responsibility for any losses, damages, and expenses (including legal fees) incurred as a result. This includes claims of infringement on third-party intellectual property rights, misrepresentation or breach of agreement, and any claims related to your website’s development, operation, maintenance, or content. By agreeing to this clause, you are agreeing to indemnify and hold Hostagle and its affiliates harmless from any legal repercussions related to your actions.

Confidentiality

Both parties involved in this agreement agree to keep all information related to the terms of the agreement, as well as business and financial information, vendor lists, pricing and sales information, and any other information exchanged between the parties, confidential. This information may only be used for the purposes outlined in the agreement and cannot be disclosed to any third party unless it falls under certain exceptions. These exceptions include situations where the information is already publicly known, is disclosed through published materials, or is required by law or legal process. Additionally, both parties may disclose this information to their accountants, attorneys, or other agents on a confidential basis or as required by applicable laws and regulations.

Independent Investigation

You acknowledge that Hostagle has the right to pursue relationships with other parties that may compete with your Affiliate Site or offer different terms than those outlined in this agreement. You understand that you have evaluated the benefits and risks of participating in the Hostagle  Program on your own and are not relying on any guarantees or promises other than what is specified in this agreement.

Miscellaneous  

1) The governing law specified in the Terms of Service will be applied and will govern this Agreement.

2) This Agreement cannot be assigned or transferred without prior written consent from the other party, and will be binding and enforceable against both parties and their successors once consent is granted.

3) If one party fails to enforce a provision of this Agreement, it does not waive their right to enforce it or any other provision in the future.