General Terms and Conditions
The terms "affiliate",
"you", and "your" refer to, whether as an individual or
entity, to you as the one applying to GigaPros Web Solutions' affiliate program.
The terms "we" and "our" refer to GigaPros Web Solutions
(also referred to as "GigaPros" or "GigaPros.com").
IMPORTANT -- READ CAREFULLY:
THIS AFFILIATE PROGRAM AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND GIGAPROS
FOR PARTICIPATION IN GIGAPROS' AFFILIATE PROGRAM AS MANAGED BY GIGAPROS'
INTERNAL PROGRAM. BY REGISTERING FOR AND PARTICIPATING IN OUR PROGRAM, YOU AGREE
TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF
THIS AGREEMENT, DO NOT SIGNUP FOR OR PARTICIPATE IN THE PROGRAM. IF YOU ARE
ALREADY A GIGAPROS AFFILIATE AND DO NOT AGREE TO THE ENTIRE AFFILIATE AGREEMENT,
THEN IMMEDIATELY TERMINATE ALL USES OF GIGAPROS' MATERIALS AND ANY LINKS TO
OMNIS GIGAPROS' WEBSITE.
If you are accepted to
participate in our affiliate program and your site is thereafter determined (at
our sole discretion) to be unsuitable based on the criteria below, we reserve
the right to terminate this agreement:
Promotion of discrimination
based on race, nationality, sex, sexual orientation, religion, disability or
Promotion of sexually
explicit, pornographic or obscene content (whether in text or in graphics).
Promotion of any illegal
Promotion of content that is
in any way unlawful, harmful, defamatory, obscene, threatening, harassing or
racially, ethnically or otherwise objectionable.
Promotion of content related
to liquor, tobacco, firearms, drugs, gambling, crime or death.
Promotion of any unlawful
behavior or conduct.
Any other material deemed
inappropriate or offensive by GigaPros.
Changes and Revisions
GigaPros reserves the right to
make changes to the affiliate agreement at anytime and solely at our discretion.
Continued participation in our affiliate program constitutes your agreement to
any and all changes made to this agreement.
The amount of commission will depend on the item purchased by the referral. The
commission (referral reward) amounts are clearly published here
and are subject to revision. The commissions are applicable ONLY to the products, Shared hosting
, Reseller hosting
, VPS hosting
, Cloud hosting
and Dedicated servers
and NOT to any other items.
Qualifying sales must meet the following criteria to be eligible for commission credit:
Each new sale must be by a
new and unique visitor to GigaPros.com.
All hosting sales must
remain active for 90 days before credit will be given.
Each new sale must remain in
good standing. Commissions will not be credited for sales that have been
cancelled, terminated, charged back, refunded, or have outstanding balances
within the first 90 days.
All sales must originate
from the affiliates unique tracking URL. The tracking URL we provide must
not be altered. It is unique to each affiliate and any changes could result
in inaccurate statistics generated and for commissions not to be credited
for a sale. Please test your unique tracking URL each time you use it.
GigaPros will not be responsible for, nor give credit for, sales that does
not have your unique tracking URL attached to it.
Affiliate generated sales
that do not meet these requirements, will not be eligible for commission
Commissions are paid when
affiliates reach a $100 commission balance. Commission balances that have not
yet reached $100 will carry over to the next month until the $100 minimum has
been reached. All affiliate commissions are processed 90 days after the end of the month in
which the sale occurred. Once your affiliate payment has been processed, payments
will be sent out between the 16th
and 30th of the month. EXAMPLE: For all sales made during the month of
January, your affiliate payments would be processed on May 1st and sent between the 10th and 20th of May. Please allow additional time during holiday seasons.
Payments will be payable to your
PayPal account that you provided in your affiliate account during signup. All
funds are paid in U.S. dollars. Affiliates are responsible for any and all fees,
taxes, exchange rates, surcharges and other expenses incurred in order to
receive their commissions. Affiliates are responsible for their own tax
liabilities on commission earnings from our affiliate program.
If at anytime, any of the following event occurs with any of your referrals,
your commission for that referral will be reversed and deducted from your account:
- Referrals that have been issued a refund within the first 90 days of
service will be deducted from commissions owed.
- Referrals must have an active hosting account for 90 consecutive days or
commissions will be reversed.
- Referrals that downgrade their hosting package or billing cycle, will be
- Referrals that are found to be fraudulent (false information, fake or
stolen credit cards etc.) will be reversed.
- Referrals that issue a credit card charge back will be reversed.
- Referrals that have originated from the same IP as of the referrer will be
The following restrictions apply
to all affiliates. If at anytime these restrictions are not adhered to, this
agreement will be terminated and any unpaid commissions will no longer be valid.
Commissions earned through
our affiliate program cannot be transferred to another user, hosting
account, or GigaPros affiliate program.
Affiliates cannot earn
commissions on their own hosting accounts or domain registrations.
Affiliates may not bid for any of these keywords: giga pros, gigapros,
Affiliates are prohibited in
utilizing our protected keyword "GIGAPROS" or any variation,
misspelling or combination of words with our keyword, in advertising and
search engine sites.
Affiliates are prohibited in
making a representation, either expressed or implied, that visitors to your
site are visiting GigsPros.com's site.
Affiliates are prohibited in
using spam or any other unsolicited mass email campaigns.
Relationship of Parties
You and GigaPros are independent
contractors, and nothing in this Agreement will create any partnership, joint
venture, agency franchise, sales representative, or employment relationship
between the parties. You will have no authority to make or accept any offers or
representations on our behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything in this agreement.
You are not an agent of the GigaPros and GigaPros expressly disclaims
responsibility for any conduct by you in violation of our terms of agreement.
Limitation of Liability
We will not be liable for
indirect, special, or consequential damages, or any loss of revenue, profits, or
data, arising in connection with this Agreement or the Affiliate Program, even
if we have been advised of the possibility of such damages. Further, our
aggregate liability arising with respect to this Agreement and the Affiliate
Program will not exceed the total commissions paid or payable to you under this
You hereby agree to indemnify,
defend and hold harmless GigaPros, 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.
By participating in this affiliate program, you agree to binding arbitration for
any disputes or claims that arise against GigaPros.com or its subsidiaries in
conjunction with this program. An arbitration firm selected by GigaPros.com
will be the sole and final arbitrator for any and all disputes or claims related
or resulting from participation in this program. All decisions rendered
are final. You are also responsible for any and all costs related to such
GigaPros does not express or
imply any warranties or representations in respect to our affiliate program or
an affiliate's potential to earn income from our affiliate program. We make no
representation that either our site or that of the affiliate program will be
uninterrupted or error-free and we will not be liable for any consequences of
interruptions or server down time.