I. PARTIES TO THIS AGREEMENT
FastComet Inc. (FastComet.com, "FastComet", we), is a US-based corporation with business address 350 Townsend Street Suite 300 - #846 San Francisco, California 94107. 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 affects 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 are obligated to provide, to the best of your ability, the correct and most recent information regarding the advertised service. With this, you agree that using template content including but not limited to reviews, comments, and ratings is against the principle of advertising correctness.
- 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 advertisers 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 an 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 good standing.
IV. A CUSTOMER IN A GOOD STANDING
A customer in good standing is defined but not limited to the following terms:
- A hosting account owner who has 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 has agreed to all Terms of Service during the sign-up process and has 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 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 an 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 considers 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 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 the distribution of illegal or copyrighted materials are not allowed to participate in the 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, metadata, 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 a referral and not an 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.
Paid Search Policy
FastComet does not have any objections if you run paid ads (without using FastComet branded terms) to drive traffic to a page on your site that contains a FastComet affiliate link. You are required to comply with the following rules when bidding on keywords on any paid search engines or a social media site, including without limitation, Google, Yahoo/Bing, DuckDuckGo, Twitter, and Facebook:
- You are prohibited from competing or interfering with FastComet's direct advertising efforts.
- You agree not to utilize, advertise or otherwise promote any mark of FastComet in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising.
- You are prohibited from bidding on any FastComet trademarks or any variations and misspellings thereof without FastComet's prior written approval. This means, among other things, that the Affiliate shall not bid (in regards to online advertising, including but not limited to Pay per Click or Pay per Impression campaigns) on any keywords or phrases containing FastComet trademarks, service marks, registered trademarks, or registered URLs, or on any variations, abbreviations, or misspellings of the same. Examples of prohibited keywords are "fastcomet," "FastComet," "fastcomet.com," "www.fastcomet.com," "comet fast," "fastcomet reviews," "comet host," "comet fast hosting," and "fastcomment"
- You are prohibited from bidding on keywords containing FastComet trademarks plus an additional term such as [fastcomet coupons], [fastcomet deals], and [fastcomet promos]. Further, Affiliates are NOT permitted to broad or phrase match any of these keywords.
- You are prohibited from outranking FastComet's internal paid search ad on any keywords.
- You are prohibited from directly linking to FastComet.com or any subdomains of the same from any paid search ads.
- You are prohibited from using FastComet.com or any variation, abbreviation, or misspelling as a display URL.
- FastComet is not responsible for any potential losses of funds invested in paid ads campaigns that have generated commissions that do not abide by our Terms of Service and have been sequentially rejected as per these same terms.
- FastComet is not liable for paying any advertiser fees, including any fees charged by Google Ads, Microsoft Advertising, DuckDuckGo, in order for you to receive Commission Fees.
- You are required to comply with the following rules when bidding on keywords on any paid search engine or a social media site, including without limitation, Google, Yahoo/Bing, DuckDuckGo, Twitter, and Facebook.
If FastComet determines, in its sole discretion, that you have violated any of the foregoing prohibitions, FastComet may seek any and all remedies available to it, including, among other things, the immediate termination of this Agreement and/or the commencement of an action by FastComet against you seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages. Further, you acknowledge and agree that you shall have no right to receive any commissions on any sales you generate or assist in generating during any times when you violate this Agreement or other policies of FastComet.
All materials, including, without limitation, ad copy, coupons, and promotions on your Affiliate Site, must accurately represent active and valid promotions. For example, you may not display an ad on your Affiliate Site for a promotion that has expired or one which is specifically allowed only for certain other affiliates. We continue to monitor all paid search landscapes. If you are determined to violate this section, your participation in the Affiliate Program may be terminated. For more information on match types, please visit Google's overview of match types.
VI. TRACKING METHOD
FastComet affiliate program performs tracking via browser cookies. Cookies are placed when a visitor clicks 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 a 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.
A coupon code is not a valid tracking 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, canceled, 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.
- The customer has been active at least once since the day of their account creation and has actually used the hosting service.
- The customer has created usable, helpful, coherent, and meaningful content which is aimed towards real visitors. An exception to this will be systems made for internal use and application development which does not necessarily need a website in order to function.
- The customer has not used the hosting service only to create SEO-oriented content, a traffic funnel network, or a click generator.
- The customer has not violated any copyright laws.
- The customer has not used modified existing content, scraped content, or existing content translated from another language without explicit permission, added value, and the actual goal of informing visitors on a certain topic.
- All commissions are presented and paid in USD.
- Each affiliate must have at least one approved commission prior to 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 Level 1 (default), level 2, level 3, and level 4. At the beginning of each month, these levels are reset so that affiliates are added automatically to the Default level unless the validity period is exclusively determined another 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. Commissions do not mature automatically on the 45th day. Commissions are reviewed after at least 45 days from the day of purchase, but also in accordance with the affiliate department's schedule and workload.
- A valid commission is considered a unique purchase made by a new customer and not on an existing customer or 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 freeze any commission for a period of time needed for that commission to be proven of abiding our terms, at our own discretion, without providing any explanation or justification.
- 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 the point of the 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 the 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 the 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 fulfill 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 website 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 05/07/2021