Bald Eagle Hosting Affiliate
Program
Bald Eagle Hosting's primary
objective is to value and support our affiliates wherever,
whenever and however possible. Our management and staff will
provide the highest level of attention and dedication to all of
our affiliates.
In pursuit of our primary objective, Bald Eagle Hosting agrees
to deliver the agreed upon services, as declared in the “Welcome
as Affiliate” confirmation, to our affiliates at the time of
signup, subject to the following Affiliate Program Terms of
Service (hereafter referred to as TOS).
In addition, the use of Bald Eagle Hosting's service(s) by an
affiliate constitutes an unconditional acceptance of and
agreement to Bald Eagle Hosting's TOS. Bald Eagle Hosting
reserves the right to change or modify the TOS at any time
without notice.
Affiliate Terms of Service Agreement
V2.9 - April 27, 2007
I. Parties to this Agreement
"Bald Eagle Hosting" is a d.b.a. of Ecommerce, Inc., an Ohio
corporation with its principal place of business at 247 Mitch
Lane, Hopkinsville, KY 42240. This agreement is entered into by
Bald Eagle Hosting and each of its Affiliate(s). “You”, “Your”
refers to each and every affiliate or sub-affiliate of the Bald
Eagle Hosting affiliate program. Participation in the program
constitutes full and complete acceptance of the TOS set forth
herein.
II. Bald Eagle Hosting Responsibilities
A. Coded URL
Upon your acceptance, Bald Eagle Hosting will provide you with a
URL coded to specifically identify you, which will allow you to
create a link to the Bald Eagle Hosting web site. You may post
this link in any location, as many times as you like subject to
the remaining terms of this agreement regarding acceptable
links.
B. Tracking
Bald Eagle Hosting agrees to track the customers referred to
Bald Eagle Hosting via the link provided to you for that
purpose. Bald Eagle Hosting utilizes cookies to maintain
tracking information for up to one year. Bald Eagle Hosting will
pay you a commission for each such referral made in compliance
with this agreement pursuant to the commission schedule and the
terms set forth in this affiliate agreement.
III. Affiliate Responsibilities
A. Minimum Age
You agree that you are 18 years of age or older on the date that
you first approve the terms hereof. You agree that you are in a
jurisdiction where participation in the Bald Eagle Hosting
affiliate program does not violate any law, ordinance,
regulation or standard.
B. Operative Link
You agree to take full responsibility for ensuring the proper
and continuing operation of your coded URL. You agree that you
will notify Bald Eagle Hosting if your coded URL ceases to
function or ceases to function properly.
C. Representations
You agree that you will not make any representations, promises,
warranties or other statements about Bald Eagle Hosting or the
Bald Eagle Hosting web site, products or policies other than as
may be expressly approved in writing by Bald Eagle Hosting or as
other wise provided to you by Bald Eagle Hosting for that
purpose.
D. Link
You may use the coded URL provided by Bald Eagle Hosting via the
available Bald Eagle Hosting Link Library or in any other form
you wish provided that your use of the URL is not in any way
disparaging of Bald Eagle Hosting or otherwise not appropriate
or acceptable in Bald Eagle Hosting's sole opinion and judgment.
You may not violate any copyright, trademark or other
intellectual property right of Bald Eagle Hosting or any other
party. You may not violate the Bald Eagle Hosting General Terms
of Service.
E. Amendments
You agree that Bald Eagle Hosting may amend this agreement at
any time without notice to you. You agree to keep advised of any
changes to this agreement by checking the Bald Eagle Hosting web
site on a periodic basis.
F. Customers of Bald Eagle Hosting
Bald Eagle Hosting will have the sole right and responsibility
to service all customers secured through your coded URL. All
dealings with customers for web hosting and related services
shall be directly and solely between customer and Bald Eagle
Hosting. Bald Eagle Hosting shall have the right and obligation
to determine all pricing and product offerings and shall have
the right to make any changes thereto without notice to
affiliate. All customers of Bald Eagle Hosting, regardless of
origin or referral, are the sole property and responsibility of
Bald Eagle Hosting.
IV. Commissions
A. Commission Rate
Commissions are paid on a one-time basis for each new account
purchased via your coded URL subject to the terms and conditions
set forth herein. There will be no obligation to pay any other
commission. The current commission rate for a first tier
affiliate sale is based on the product as well as the billing
cycle of the purchased product. Commissions vary between Fifty
Dollars ($50.00) and One Hundred and Fifty Dollars ($150.00).
Product Name Billing Cycle Commission Credited
Expert Every Billing Cycle Fifty Dollars ($50.00)
Business Plus 12 & 24 Month Billing Cycle Ninety Dollars
($90.00)
Business Plus 3 & 6 Month Billing Cycle Fifty Dollars ($50.00)
Unlimited Pro 12 & 24 Month Billing Cycle One Hundred and Fifty
Dollars ($150.00)
Unlimited Pro 3 & 6 Month Billing Cycle Ninety Dollars ($90.00)
NO COMMISSIONS WILL BE CREDITED FOR DOMAIN REGISTRATIONS.
Commissions are paid on new accounts only (current or previous
customers of the company are not eligible) and not on any
subsequent renewal or subsequent signups of a referred customer.
A commission is not finalized until it becomes a Qualified
Commission, even after the payment of a commission has been
made.
B. Qualified Commission
A "qualified commission" is one for which the new account which
is the subject of the commission has remained in good standing
continuously for at least 180 days from its inception. Bald
Eagle Hosting shall make all decisions as to whether any
commission is a "qualified commission." If at any time after a
commission has been awarded and/or paid and the related
customer's account is terminated or canceled, for any reason,
this commission will be revoked and subtracted from any standing
or future commissions account balance you may have.
C. Payment Date
Payments will only be paid once your commissions account balance
reaches a minimum level of at least Three Hundred and Sixty
Dollars ($360) owed. Bald Eagle Hosting shall make no payment to
you until this minimum balance is achieved. Commissions are paid
during the first week of each month following the first 30-days
after the sale that meets the minimum level was made.
D. Payment Form
Commissions can be paid in any of three available methods. These
are by an Bald Eagle Hosting check (drawn on a United States
bank and in US Dollars), bank wire, or through a PayPal account.
Checks are sent to the address you provide at registration. Any
changes to this address must be sent via email to affiliates@ixwebhosting.com.
Bald Eagle Hosting is not liable or responsible for any
inability or cost associated with accepting or claiming this
check.
For payments to be made by bank wire, the following information
must be sent to affiliates@ixwebhosting.com: your affiliate
username, bank account title, bank name, bank address, the
account number, and either an ABA, Swift, or IBAN code.
For payments to be made through PayPal, you must provide us with
your affiliate username and your PayPal ID. As with the
information necessary for wire transfers, this information
should be sent to affiliates@ixwebhosting.com.
E. Tax Regulation
Due to the tax laws though the Internal Revenue Service (IRS),
the United States Department of Treasury requires that every
individual or corporation who is receiving affiliate commissions
must submit a completed and signed W8 or W9 form. Before we can
conduct affiliate payouts, we must have the completed and signed
form in our possession and made available to IRS. You may
download a blank W8 document here, or a blank W9 document here.
The W9 form is for US residents whereas the W8 form is for
international affiliates. To avoid any delays in your affiliate
payments, please submit the appropriate document, properly
filled out and signed, to one of the following resources:
Facsimile on: +43 7942 77786 230
Send a scanned copy through the affiliate helpdesk ticket
V. Ownership and Licenses
A. Property Ownership
Each party to this agreement shall retain all right, title and
interest in its names, logos, trademarks, service marks, trade
dress, copyrights and proprietary technology, including, without
limitation, those names, logos, trademarks, service marks, trade
dress, copyrights and proprietary technology currently used or
which may be developed and/or used by it in the future.
B. License
Bald Eagle Hosting grants you as an affiliate a revocable,
non-exclusive, worldwide License to use, reproduce and transmit
the Bald Eagle Hosting logos, trademarks and service marks on
your site and only your site for the sole purpose of
facilitating a link between your site and Bald Eagle Hosting to
accomplish the purpose and intent of this affiliate agreement.
You may also use the links and images located in the link
library prepared specifically for that purpose subject to the
same terms and conditions. You may not otherwise use, copy,
distribute, change, modify, or otherwise alter any such
property. This License is neither assignable nor transferable.
C. Cease use upon Demand
You agree to immediately cease the use of any mark upon request
made by Bald Eagle Hosting to the email address provided by you
and maintained on file for you by Bald Eagle Hosting. You agree
to immediately cease the use of any link created by you to Bald
Eagle Hosting upon request by Bald Eagle Hosting to the email
address provided by you and maintained on file for you by Bald
Eagle Hosting.
VI. Termination
A. Effect upon Commission
Either party may terminate this agreement at any time upon
notice in writing to the other party. Other than any termination
under paragraph 6.B. herein, any commission which has become a
qualified commission as of the date of such termination will be
paid post termination. Any commission, which is not a qualified
commission as of the date of notice of termination, shall not
thereafter become a qualified commission.
B. Breach of this Agreement
The breach of this agreement, or any provision thereof,
knowingly or otherwise, willful or otherwise, is grounds for
immediate suspension or at the sole option of Bald Eagle Hosting
termination of this agreement in its entirety.
C. Suspension
Suspension under this paragraph shall mean the withholding of
all commission payments qualified or otherwise until such breach
is cured. Suspension if not cured within a reasonable time as
determined by Bald Eagle Hosting will become a termination under
6.B. as of the date of the initial suspension.
D. Survival
Upon termination of this agreement all rights and licenses
granted by this agreement are immediately revoked. Sections VII
shall survive such termination and remain in full force and
effect.
VII. General
A. Authority
Each party represents to the other that it has full binding
authority to enter into this agreement and in the case of any
entity other than an individual that the parson assenting to the
terms of this agreement has the full binding authority of the
entity purportedly bound.
B. Non-Infringment
You agree that in the course of any performance under this
agreement or otherwise with respect to any dealings between you
and Bald Eagle Hosting that you will not infringe on any third
party's copyright, patent, trademark, trade secret or other
proprietary rights or right of publicity or privacy.
C. Violation of Law
You vow to uphold the laws of your respective jurisdiction and
that you will not violate any applicable law, ordinance,
regulation or standard. You understand and accept responsibility
to file any necessary paperwork or tax forms with the
appropriate parties for any and all payments made as a result of
this service and the terms and conditions set forth herein.
D. Terms of Service
You agree that in the course of any performance under this
agreement or otherwise with respect to any dealings between you
and Bald Eagle Hosting that you agree to be bound by all terms
and conditions of this document and any applicable terms and
conditions set forth in the Bald Eagle Hosting Terms of Service
which are incorporated herein as though set forth at length
herein.
E. Unsolicited Email
You agree that in the course of any performance under this
agreement or otherwise with respect to any dealings between you
and Bald Eagle Hosting that you will not use or otherwise permit
the use of unsolicited commercial email (a.k.a. SPAM) in
relation to the Bald Eagle Hosting Affiliate Program.
F. Defamation/Libel
You agree that in the course of any performance under this
agreement or otherwise with respect to any dealings between you
and Bald Eagle Hosting that you will not transmit any
information which is or might be considered to be defamatory or
libelous.
G. Decency
You agree that in the course of any performance under this
agreement or otherwise with respect to any dealings between you
and Bald Eagle Hosting that you will not transmit any
information which is or might be considered to be lewd,
pornographic or obscene.
H. Unfair Competition
You agree that in the course of any performance under this
agreement or otherwise with respect to any dealings between you
and Bald Eagle Hosting that you will not violate any laws
regarding unfair competition, anti-discrimination or false
advertising or the Bald Eagle Hosting Terms of Service.
I. Damage to Bald Eagle Hosting
You agree that in the course of any performance under this
agreement or otherwise with respect to any dealings between you
and Bald Eagle Hosting that you will not take any action that
would in any way damage Bald Eagle Hosting or otherwise
compromise it’s servers or equipment including utilize or
otherwise transmit at any time contain viruses, Trojan horses,
worms, time bombs or other similar harmful or deleterious
programming routines.
J. No Automatic Links
You agree not to utilize any link that is or can be initiated
automatically without the user clicking on the link.
K. Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS
PROVIDED BY Bald Eagle Hosting PURSUANT TO THIS AGREEMENT ARE
PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT Bald
Eagle Hosting MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON
ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND
LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY,
RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS
PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL
BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR
METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS
PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY
INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE
CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE
NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT
AS OTHERWISE PROVIDED HEREIN, Bald Eagle Hosting DISCLAIMS ALL
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL Bald Eagle
Hosting BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION,
DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
L. Limitation of Liability
IN NO INSTANCE SHALL Bald Eagle Hosting BE LIABLE TO YOU FOR
LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR
INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY
(INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR
RELATED TO THIS AGREEMENT WHETHER OR NOT Bald Eagle Hosting HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE
THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE
BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS
WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY REMEDY. Notwithstanding the foregoing, this section shall
not limit either party liability to the other for (i) willful or
malicious misconduct; (ii) gross negligence; (iii)
indemnification under Section 7.M. or (iv) either party's
liability for death or personal injury or their own acts of
fraud.
M. Indemnification
You agree to indemnify, defend and hold harmless Bald Eagle
Hosting and its affiliates, directors, officers, employees and
agents, harmless of and from any and all liability, losses,
damages, injuries or expenses (including attorney’s fees and
expert witness charges) arising out of any claimed or alleged
action or inaction toward any third party whether such claimed
or alleged action or inaction arises out of a claim of misuse of
copy written materials, License violation, domain misuse,
trademark misuse or any active or passive negligence.
N. Independant Contractors
Each party shall act as an independent contractor and shall have
no authority to obligate or bind the other in any respect.
O. Choice of Venue
This Agreement has been made in and shall be construed and
enforced in accordance with the laws of the state of Florida.
Any action to enforce this Agreement shall be dealt with by the
appropriate court of competence within Miami-Dade County.
P. Severability
The provisions of this Agreement are independent of and
separable from each other, and no provision shall be affected or
rendered invalid or unenforceable by virtue of the fact that for
any reason any other or others of them may be invalid or
unenforceable in whole or in part.
Q. Integration
This agreement constitutes the entire understanding of the
parties and revokes and super cedes any and all prior agreements
and is intended to be a full and complete expression of the
agreement between the parties. This agreement shall not be
modified except in writing by the posting of a new agreement by
Bald Eagle Hosting on the Bald Eagle Hosting web site.
R. Use Constitutes Full Acceptance and Signature
Your agreement to the terms set forth herein is manifested by
any participation in the Bald Eagle Hosting affiliate program
including the submission of the affiliate application form and
the collection of any commission under this agreement. This
agreement may be modified, amended, altered or otherwise changed
by Bald Eagle Hosting without notice to any other party other
than changing the agreement itself made available by Bald Eagle
Hosting to the affiliates on the Bald Eagle Hosting web site.
