I. PARTIES TO THIS AGREEMENT
FastComet.com ("FastComet"), a US based corporation with business address 524 Union St, San Francisco, CA 94133.This agreement is entered into by FastComet and each of its Affiliate(s). "You", "Your" refers to each and every affiliate of the FastComet affiliate program. Participation in the program constitutes full and complete acceptance of the Terms Of Service set forth herein.
II. FastComet RIGHTS AND OBLIGATIONS
Upon your acceptance, FastComet will provide you with an affiliate URL to specifically identify you, which will allow you to create a link to the FastComet 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.
FastComet agrees to track the customers referred to FastComet.com via the link provided to you for that purpose. FastComet utilizes cookies to maintain tracking information for up to 60 days. FastComet 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.
FastComet will use its reasonable endeavours to provide you with password protected access to a report in the Affiliate Area that shows the Net Revenue of Customers across Our Products.
FastComet reserves the right to terminate this Agreement if it is determined that your site is unsuitable. Unsuitable sites may include but are not limited to the following content: sexually explicit materials, content targeted towards children or minors, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, illegal activities, or violation against intellectual property rights ("IP rights").
All dealings with customers for web hosting and related services shall be directly and solely between customer and FastComet. FastComet 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 FastComet, regardless of origin or referral, are the sole property and responsibility of FastComet.
IF YOU DECIDE NOT TO ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT COPY BANNER CODE, TEXT LINK CODE, PROMOTIONAL COPY OR ANY INFORMATION PERTAINING TO FastComet.
III. AFFILIATE RIGHTS AND OBLIGATIONS
You are allowed to open and run only one affiliate account; odd accounts will be closed at our sole discretion. You agree to register and maintain correct and truthful contact information with FastComet.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and at your own cost. You will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal or infringe the intellectual property rights of third parties. Since we do not have control over your site, we disclaim all liability for these matters. Furthermore, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.
You agree that FastComet 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 FastComet web site on a periodic basis.
You are only responsible for directing customers to the FastComet website. Only properly tagged customers can be assigned to an affiliate. Should an affiliate tag be improperly inserted into the affiliate site or not properly received by the FastComet web server the resulting customer registration and transactions will not be assigned to the affiliate. Therefore it is the responsibility of the affiliate to ensure that all links are properly tagged.
The Federal Trade Commission (FTC) requires that connections between advertiser and endorsers be conspicuously disclosed. Blogs, websites, ratings and review sites, and similar must declare the compensation arrangement with the advertiser. As such, you must declare the financial relationship between you and FastComet in a prominent location on your websites in order to be in compliance with the FTC. FastComet retains the right to temporally or permanently close your affiliate account, should it be determined that you are not in compliance with applicable FTC regulations. FastComet will be the sole arbitrator as to what constitutes non-compliance.
You may not modify or use for any other purpose any intellectual property rights, banners or other creative material supplied by us without the written prior consent of FastComet. All copyright or intellectual property rights notices on any material supplied or approved by FastComet must remain and not be modified or eliminated. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of FastComet.
By agreeing to participate in the FastComet Affiliate Program, you are agreeing to download banners, text or promotional material and place it on your site, utilize it within email, direct marketing using your affiliate URL or print. These methods are the only approved methods by which you may advertise FastComet 's products and services.
Banners and links may not be placed within unsolicited email, unauthorized newsgroup postings, or chat rooms or through the use of "bots". Traffic generated illegally will not be counted and may result in the termination of your affiliate account with us.
We will terminate this Agreement immediately if there is any form of spamming on your behalf or if you discredit FastComet through false advertising, written or uttered words. Any claims, representations, or warranties in connection with FastComet are prohibited and are not bind to FastComet or to any obligations.
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes FastComet damage. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold affiliate commissions with respect to such.
Affiliates are prohibited from signing up for any of the hosting services or products promoted by FastComet through their own affiliate link or from the affiliate link of an associate who shares all, or, part of the commission with the affiliate or a third party.
All commissions that are paid to affiliates are calculated automatically, and are based on the commission structure presented at the affiliate home page, unless stated otherwise in a different agreement or in an appendix to this one, approved by both the affiliate and FastComet.
Commissions are paid when:
There is a successful purchase of one of the following products by customers, referred to FastComet site by an affiliate link: Shared hosting packages; VPS/CLOUD hosting packages or Dedicated servers.
The purchase has not been void, cancelled or revoked/refunded within a 45-days period by the customer or by us and the account is active at the time of the payout.
All commissions, presented and paid, are in USD.
There is a minimum payout commission of $60, which needs to be reached by affiliates before any transfer to their PayPal account can take place, exclusive of any sign up bonus amount.
Commission levels are developed in a manner of fair motivation, created by the company for the affiliates in order to constantly maintain success. Affiliates are entitled to join the Default level upon sign up and throughout the month they can use all legal sources to enhance their performance and reach higher commission levels. Commission levels are: Default, Level 1 and Level 2. At the beginning of each month, these levels are reset so that affiliates are added automatically to the Default level, unless validity period is exclusively determined other way by FastComet in an additional agreement.
Moving from one commission level to another can be done only within one campaign. All commissions are manually approved and are paid to affiliates upon payout request when the minimum required amount is reached.
Commissions are paid on a unique purchase made by a new customer and not on existing customer or a subsequent renewal order. Only commissions with status APPROVED are paid to the affiliate and FastComet is the sole instance of approval.
Payment Form - commissions can be paid only through PayPal.
For payments to be made through PayPal, you must provide us with your the necessary information upon sign up.
FastComet assumes ownership of the customer at point of first contact with the customer. You, as an affiliate, act as a referring agent for FastComet. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
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.
By opening an account as a customer, that person or entity will become a Customer of FastComet and, accordingly, all Customer rules, policies, and operating procedures will apply to them.
During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of our affiliate program (including, for example, referral fees earned by you under the program). You agree not to disclose or use the confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information will survive the termination of this Agreement.
VI. LEGAL RESPONSIBILITIES
You will indemnify and hold us unaccountable from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.
It is the affiliates' responsibility to follow the correct linking and tagging procedure to ensure new customer tracking and payment.
Presentation of our banners & content on affiliate's site is the responsibility of the affiliate. The affiliate must ensure that our content is presented in accordance with our outlines.
The affiliate must ensure that any material posted on their site is legal and does not infringe copyright or violate any unlawful rights.
FastComet may modify any of the terms and conditions contained in this Agreement, at any time and at their sole discretion, by posting a change notice or a new agreement on the FastComet site. Modifications may include changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules. It is your sole responsibility to keep yourself updated with the latest version of the terms and conditions of this agreement. IF ANY MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE FastComet SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
VI. TERM & TERMINATION
Either party may terminate this agreement at any time upon notice in writing to the other party. Termination is at will, for any reason, by either party. For purposes of notification of termination, delivery via email is considered a written and immediate form of notification
In the event of termination of this Agreement:
You must remove FastComet's banner(s) from your site and disable any links from your site to FastComet.
All rights and licenses given to you in this agreement are immediately terminated.
You will be entitled only to those unpaid referral fees if any earned by you on or prior to the date of termination.
If you have failed to fulfil your obligations and responsibilities, FastComet reserves the right to not pay you the referral fees otherwise owing to you on termination.
We may withhold your final payment for a reasonable amount of time to ensure that the correct amount is paid.
You and FastComet will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.
We make no express or implied warranties or representations with respect to the referral program or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
By having read, the terms and conditions, and acknowledging such in the affiliate sign-up form you agree to all the terms and conditions contained herein. FastComet reserves the right to withhold payment from any affiliate that violates any of the terms and conditions contained herein.