Affiliate Agreement

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 age.
• Promotion of sexually explicit, pornographic or obscene content (whether in text or in graphics).
• Promotion of any illegal activities.
• 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.

Commission Earnings
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 credit.

Commission Payments
Commissions are paid when affiliates reach a commission balance of $100. Commission balances that have not yet reached $100 will carry over to the next month until the $100 minimum has been reached. Once your commission balance have reached or exceeded $100, you have to initiate an withdrawal request to get the commission amount to your Paypal account. If an approved commission is not withdrawn within a maximum time period of 2 years (counting from the date of sale), the approved commission will be forfeited and will not be liable for pay out.

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.

Commission Reversals
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 reversed.
• 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 reversed.

Affiliate Restrictions
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, gigapros.com, www.gigapros.com.
• 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 Liabilit
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 Agreement.

Indemnification
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.

Binding Arbitration
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 arbitration.

Disclaimer
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.