TIER.NET TECHNOLOGIES LLC - AFFILIATE PROGRAM AGREEMENT AND TERMS OF SERVICE
I. Parties to this Agreement
Tier.Net Technologies, LLC, (hereinafter referred to as Tier.Net), is a Limited Liability Company with its principal mailing address at 981 E. Eau Galle Blvd., Ste. E. Melbourne, FL 32937. This agreement is entered into by Tier.Net and each of its Affiliate(s). “You” and “Your” refers to each and every affiliate or sub-affiliate of the Tier.Net affiliate program. Participation in the program constitutes full and complete acceptance of the TOS set forth herein.
II. Tier.Net Responsibilities
A. Coded URL
Upon your acceptance, Tier.Net will provide you with a URL coded to specifically identify you, which will redirect to the Tier.Net 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.
Tier.Net agrees to track the customers referred to Tier.Net via the link provided to you for that purpose. Tier.Net utilizes cookies to maintain tracking information for up to six months. Tier.Net 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.
Tier.Net agrees to pay affiliate commissions upon receipt of all payment requirements to the specified destination which are on file in the Affiliate’s account.
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 Tier.Net 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 Tier.Net if your coded URL ceases to function or ceases to function properly.
You agree that you will not make any representations, promises, warranties or other statements about Tier.Net or the Tier.Net web site, products or policies other than as may be expressly approved in writing by Tier.Net or as otherwise provided to you by Tier.Net for that purpose.
You may use the coded URL provided by Tier.Net via the available Tier.Net Link Library or in any other form you wish provided that your use of the URL is not in any way disparaging of Tier.Net or otherwise not appropriate or acceptable in Tier.Net’s sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of Tier.Net or any other party. You may not violate the Tier.Net’s Terms of Service.
You agree that Tier.Net 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 Tier.Net web site on a periodic basis.
F. Customers of Tier.Net
Tier.Net 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 Tier.Net. Tier.Net 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 Tier.Net, regardless of origin or referral, are the sole property and responsibility of Tier.Net.
G. Address Change
You agree to promptly notify Tier.Net of any change in your mailing address.
H. Promotion Restrictions
In addition, you acknowledge and agree you shall not:
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. Tier.Net reserves the right to determine whether a sale is considered a valid sale, in its sole discretion, according to internal mechanisms and automated systems, and may adjust commissions at the time of payout to ensure only valid sales for new customer accounts carry a commission payment. Determination of whether a sale is considered valid is in the sole discretion of Tier.Net. An account that is purchased either in an affiliate's name (or a name other than the true customer) and/or is discounted without an authorized and dedicated coupon code will not be treated as a new customer account upon which a full commission is paid, but rather such an account will only generate an affiliate commission rate of 15% of the account value. 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. Tier.Net will offer affiliates a per-sale commission on all web hosting packages and servers. The company offers a flat 15% commission on its wide range of web hosting products.
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 90 days from its inception. Tier.Net 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 cancelled, for any reason, this commission will be revoked and subtracted from any standing or future commissions account balance you may have.
Tier.Net reserves the right to pay only for referrals from customers that are Active. An Active customer is defined as a customer who, in the sole discretion of Tier.Net, hosts valid content and maintains a website and domain name pointed at Tier.Net’s nameservers, web and mail servers.
Any affiliate referral that is not specifically identified as such by the affiliate within thirty (30) days from the date of completion of the sale shall not be credited to affiliate's account and you will not be paid for any such referral.
C. Payment Date
Payments will only be paid once your commissions account balance reaches a minimum level of at least Fifty Dollars ($50). Tier.Net shall make no payment to you until this minimum balance is achieved. Commissions will be paid 60 days after a sale meeting the minimum level was completed. Commissions are paid within 7 to 15 business days of the payout month.
D. Payment Form
Commissions are paid through a PayPal account. For payments to be made through PayPal, you must provide us with your affiliate username and your PayPal ID.
E. Affiliate Costs Associated with Commission Payout Type
Using Paypal, the affiliate will get a deduction of 2.9% of the total amount plus a flat rate of $.30 per payment, this deduction is similar to a credit card processing fee.
F. 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.
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, via one of the following resources:
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.
Tier.Net grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the Tier.Net logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and Tier.Net 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 Tier.Net to the email address provided by you and maintained on file for you by Tier.Net. You agree to immediately cease the use of any link created by you to Tier.Net upon request by Tier.Net to the email address provided by you and maintained on file for you by Tier.Net.
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 VI.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, wilful or otherwise, is grounds for immediate suspension or at the sole option of Tier.Net termination of this agreement in its entirety.
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 Tier.Net will become a termination under VI.B. as of the date of the initial suspension.
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.
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.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Tier.Net 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 Tier.Net that you agree to be bound by all terms and conditions of this document and any applicable terms and conditions set forth in the Tier.Net 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 Tier.Net that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the Tier.Net Affiliate Program.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Tier.Net that you will not transmit any information which is or might be considered to be defamatory or libellous.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Tier.Net 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 Tier.Net that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the Tier.Net Terms of Service.
I. Damage to Tier.Net
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Tier.Net that you will not take any action that would in any way damage Tier.Net 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 TIER.NET PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT TIER.NET 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, TIER.NET DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL TIER.NET BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
L. Limitation of Liability
IN NO INSTANCE SHALL TIER.NET 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 TIER.NET 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) wilful 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.
You agree to indemnify, defend and hold harmless Tier.Net 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. Independent 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 Brevard County.
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.
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 Tier.Net on the Tier.Net web site.
R. Use Constitutes Full Acceptance and Signature
Your agreement to the terms set forth herein is manifested by any participation in the Tier.Net 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 Tier.Net without notice to any other party other than changing the agreement itself made available by Tier.Net to the affiliates on the Tier.Net web site.