I. PARTIES TO THIS AGREEMENT
FastComet Inc. (FastComet.com, "FastComet", we), is a US based corporation with business address 1714 Stockton Street, Suite 300 - #436 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. PURPOSE OF THE AFFILIATE PROGRAM
The main purpose of the affiliate program is to reward and provide the ability to FastComet affiliates to promote FastComet services and improve FastComet brand awareness via all approved methods by the company.
Any use of the affiliate program that does not comply with the main purpose of the affiliate program, negatively affect other affiliates or the FastComet reputation and best interest may be considered as a violation of these Terms of Service.
III. AFFILIATE RIGHTS AND OBLIGATIONS
As a FastComet affiliate you understand and agree to the following terms:
- You are allowed to open and run only one affiliate account; odd accounts will be closed at our sole discretion.
- You are obligated to register and maintain correct and truthful contact information with FastComet.
- You are 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 are obligated to ensure that all materials posted on your site are not libelous or otherwise illegal or infringe the intellectual property rights of third parties.
- You understand and agree that since we do not have control over your site, we disclaim all liability for the matters published, hosted or distributed via your website even if it includes FastComet affiliate promotional materials.
- 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.
- 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.
- We reserve the right to request additional information regarding all channels used to promote FastComet services. Failure to provide accurate information may result in forfeiture of commissions, affiliate account suspension or permanent exclusion from the program.
- Affiliate materials cannot 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.
- 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.
- You are obligated to act to the best of your abilities to refer customers in a good standing.
IV. A CUSTOMER IN A GOOD STANDING
A customer in a good standing is defined but not limited to the following terms:
- A hosting account owner who have provided full and valid information during the sign up process.
- The customer has not been flagged for fraud review or high fraud risk.
- The customer intentionally and independently signed up for FastComet Hosting services.
- The customer has used their own personal or business Credit/Debit card or PayPal account
- A customer who have agreed to all Terms of Service during the sign up process and have not intentionally or unintentionally violated any policies related to the general and hosting related terms of service.
- Commissions generated by referred customers that are not considered in a good standing may be declined. FastComet reserves the right to determine which sale meets these requirements.
V. ADVERTISING METHODS AND AFFILIATE GUIDELINES
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.
FastComet will be the sole arbitrator as to what constitutes a non-compliant sale and may decline a commission if we have reasonable cause to believe that the advertising method used is inappropriate. FastComet consider the following methods of advertising for Inappropriate and commissions generated via one of the following methods will be declined:
- Unsolicited mass-mail campaigns, spam or any illegal method of advertising
- Using Pay per Click, Pay per Action, Pay per Impression, pop-up/under, link/banner exchange or similar campaigns that use FastComet name, trademark or other phrases containing FastComet or misspelled variations of the FastComet trademark or directly link to FastComet website.
- Saving campaigns that advertise vouchers, coupons, cache-back offers, discount codes or other financial incentives.
- Any sales generated via cloaking, masking, iframe or any other techniques that are not actual affiliate link/banner click- through methods, not explicitly allowed by FastComet, will be considered as inappropriate.
- Your website can not contain illegal or pornographic materials. Your site can not be involved in racial, religious or any other kind of discrimination or promoting violence towards any gender, religion or race.
- Sites involved in distribution of illegal or copyrighted materials are not allowed to participate in FastComet Affiliate program.
- The domain name of the affiliate site can not contain the word “fastcomet” or misspelled variations of the FastComet in any form.
- Advertising pages cannot advertise vouchers, coupons, cache-back offers, discount codes or other financial incentives in the Meta Data, Title, Description and URL address. Usage of the following words in the URL, title, meta data and page description is prohibited: "coupon", "discount", "offer", "promo or promotion", "cashback", "% off or OFF %" FastComet may decline commissions generated via pages/sites/domains which attract traffic only based on financial incentives without creating actual user value and useful resources.
- Referral of family members, close relatives or friends is considered as referral and not affiliate sale. Affiliates can be compensated for such sales only as a part of our Referral Program with up to 3 months of free hosting on a standard shared hosting package without the option to take advantage of any active promotion or free addon services.
- Advertising via profiles in social networks such as but not limited to Facebook, Twitter, Google+, LinkedIn to name a few, that contain FastComet, fastcomet.com, “Fast Comet” or any other misspelled variations of the FastComet in any form.
- FastComet reserves the right to decide if the used advertising method is appropriate. Even if the used method is not included in the list above, FastComet may decide it is inappropriate on a case by case basis.
VI. TRACKING METHOD
FastComet affiliate program performs tracking via browser cookies. Cookies are placed when a visitor click on an affiliate link while being redirected to the link destination page. This process involves a redirect to our affiliate program URL. In case of technical, hardware, software or any other kind of issue preventing the proper operation of our Affiliate System cookies may not be placed. FastComet is not responsible for any potential losses during such periods. Claims over such commissions will be reviewed on case by case basis but FastComet reserves the right to decide if the claim is legitimate or not.
Cookies are stored for a period of at least 10 days but this period may be changed with or without prior notice. FastComet is not responsible for possible commissions loss caused by cookies intentionally or unintentionally removed by users, or in case the user signed up for our services via a different browser, computer or while using Incognito/Privacy Mode of their browser.
If there is a previous affiliate cookie in the customer browser the new cookies will overwrite it, thus, sales will be recorded by the name of the affiliate whose link/banner was clicked last.
Coupon code is not a valid tacking method if the visitor did not have a valid affiliate cookie by the time of the purchase.
VII. COMMISSIONS AND PAYOUTS
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 under the following terms and requirements:
- 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 voided, 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 are presented and paid in USD.
- Each affiliate must have at least one approved commission prior any payout request.
- 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.
- Commissions generated on one level are not upgraded to the next level but only new commissions are counted towards the new level.
- All commissions are manually approved and are paid to affiliates upon payout request if the commissions meet all conditions in this Terms of Service.
- A valid commission is considered 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.
- The customer you refer has not used our services before and has not signed up for an affiliate account with us before.
- The customer completed their order processes without any assistance from you, including when you act on behalf of the customer.
- Commissions can be paid only through PayPal. For payments to be made through PayPal, you must provide us with the necessary information upon sign up.
- FastComet reserves the right to decline any sale at our own discretion, without providing any explanation or justification.
VIII. OWNERSHIP AND LEGAL RESPONSIBILITIES
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.
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.
IX. 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 owned to you on termination.
- 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.
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.
FastComet may amend this agreement at any time without notice to you.
It is your sole responsibility to keep yourself updated with the latest version of the terms and conditions of this agreement. You agree to keep advised of any changes to this agreement by checking the FastComet web site on a periodic basis.
This Terms of Service does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
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.
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.
Last Updated 11/22/2016