Affiliate Program Agreement
Please read the agreement document below before registering
1) Term of the Agreements: The term of this Agreement will begin upon our acceptance
of your Affiliate application and will end when terminated by either party. Either
you may terminate this Agreement at any time, with or without cause, by giving the
other party written notice of termination. You are only eligible to earn referral
fees on sales occurring during the term.
Cause for terminations include:
· Use of unsolicited email/spam to promote the WhenYouHost Affiliate Program or
· Transmission of any fraudulent personal information or data in violation of any
applicable laws or regulations.
If you use spam to promote the service you will be notified that your account has
If you or WhenYouHost terminates your account without cause, then you will not have
the opportunity to cash-out, i.e. any and all commissions outstanding during the
agreements term will not be paid.
1.1) Privacy: To protect your privacy at any time, an affiliate (being you) may
opt-out of receiving any promotional messages from the company, i.e. newsletters
and sales promotions. You may unsubscribe at any time by sending an email request
1.2) Mediation: Any problems or discrepancies over due commissions will be dealt
with within 5 days of the first email notification to WhenYouHost. All such matters
will be handled by the WhenYouHost Affiliate Team. Queries may be raised via email
1.3) Tracking: Visitors are tracked using URL. This tracking utilizes browser session
that is set at the maximum period allowable by 60 minutes, or till the browser is
1.4) Reporting: Affiliates will be able to access sales through their account administration
control panel. Access details will be supplied upon acceptance of your application.
Statistics are available subject to server performance in real time providing
sales, commissions due and rates.
1.5) International Affiliates: International affiliates are welcome to join the
program, but must be a WhenYouHost customer when doing so. The only way International
affiliates may receive commission payment for their affiliate sales is by credit
via their WhenYouHost account.
2) Commission Payments: We will pay up to 60% commission (net of all due taxes)
after 14 days that an affiliate sale is active. Payments will be made on the last week
of every month and sent via PayPal to the person in the application form. You are
held responsible for your own tax liabilities in relation to this payment.
The minimum payment level is SGD $100. Accounts owing under this figure will be carried
forward to the next sales period until commissions have accumulated to the SGD $100
threshold. Commissions against sales that are rejected upon card authorization or
otherwise refunded upon or charge backed will be deducted from your following commission
3) Modification: We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a change notice all
affiliates who have not opted out of receiving email notifications will also receive
an email notification.
Modifications may include, for example, changes in the scope of available referral
fees, fee schedules, payment procedures and Program rules.
Any changes or modifications made will be in good faith. The agreement will not
be altered to purposely avoid paying affiliates due commissions.
Any substantive changes, i.e., change of commissions will be made with at least
3 days notice by email and onsite update of agreement.
Notification of all changes will also be broadcast in an email message to all affiliates
providing you have not opted out of receiving further communications from us.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF
A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
4) 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 WhenYouHost Affiliate Program, even if we have been advised of
the possibility of such damages. Further, our aggregated liability arising with
respect to this Agreement and the WhenYouHost Affiliate Program will not exceed
the total referral fees paid or payable to you under this Agreement.
5) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME
(DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM
THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE
WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING
IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
6) SPYWARE AND OTHER PARASITES: Any affiliate suspected of a relationship, formal
or informal, with any provider of spyware or parasitic software (as judged by any
interference with the operation by design of MERCHANT and/or its partner sites)
is subject to punitive actions by MERCHANT, without notice, including but not limited
to: suspension of affiliate account; termination of affiliate account; withholding
of payments to affiliate; and public notification of affiliate's suspected malfeasance.
MERCHANT encourages affiliates to report suspicions of such relationships; and,
should substantial proof, as judged by MERCHANT, be provided, MERCHANT reserves
the right to assign a value equal to unpaid monies earned by the offending affiliate
(or a part thereof) to the reporting affiliate as a bounty. 7) Miscellaneous: This
Agreement certifies that WhenYouHost's services and products meet the legal requirements
of the United States.
This Agreement shall be deemed to be made in the State of California and shall in
all respects be interpreted, construed, and governed by and in accordance with the
laws of the State of California, exclusive of the laws relating to conflict of laws.You
may not assign this Agreement, by operation of law or otherwise, without our prior
written consent. Subject to that restriction, this Agreement will be binding on,
inure to the benefit of and be enforceable against the parties and their respective
successors and assigns. Our failure to enforce strict performance of any provision
of this Agreement will not constitute a waiver of our right subsequently enforce
such provision or any other provision of this Agreement.