Affiliate Program Terms and Conditions
1. Hostek.com and You
"Hostek.com" is a dba of Advanced Online Solutions, Inc., a Florida corporation with its principal place of business in Tulsa, Oklahoma. This agreement is entered into by Hostek.com and each of its Affiliate(s). "You", "Your" refers to each and every affiliate or sub-affiliate of the Hostek.com affiliate program. Participation in the program is voluntary and constitutes full and complete acceptance of the TOS set forth herein.
2. Agreement to the Terms and Conditions
BY REGISTERING AS AN AFFILIATE WITH HOSTEK.COM, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE HOSTEK.COM AFFILIATE PROGRAM.
All affiliates of Hostek.com must abide by all the terms set forth in this document and all other policies. Violation of any of these terms may result in the immediate termination of an account. Terminated accounts will NOT be paid for any pending affiliate referrals that have not been paid. Additionally, at our discretion, we may issue stop payment on any outstanding checks to the affiliate if the account is terminated.
3. Intent of the Affiliate Program
The intent of this affiliate program is to pay affiliates for referrals of "new AND unique customers".
Attempting to get an affiliate click by offering a Promo code or Coupon code is strictly prohibited. This does not fall within the Intent of the Affililate program.
4. Important Definitions
A "new AND unique customer" is a customer (including domain name) that is not currently doing business with Hostek.com or one of its sister sites and has not done business with Hostek.com or one of its sister sites in the past.
A "referral" is an account that signed up with Hostek.com or one of its sister sites, which had the stored cookie that was originally set via the Affiliate link for this affiliate program.
5. Enrollment in the Affiliate Program
Hostek.com customers may apply for inclusion in the affiliate program using the Hostek.com control panel.
An affiliate's account must be in good standing to earn an affiliate credit.
Hostek.com reserves the right to refuse participation in this program to anyone for any reason. Hostek.com is not obligated to provide a reason for refusal to the program. Affiliates agree to the terms of this agreement and any other Terms and Conditions issued by Hostek.com or any revisions made to these Terms and Conditions.
The affiliate may be removed from the program at any time by Hostek.com without notice if the affiliate does not honor the intentions of this program or if the affiliate is not deemed fit to represent Hostek.com.
An affiliate may be removed from the affiliate program if their web hosting account does not remain in good standing. Furthermore, payments will not be made to affiliates whose accounts are past due or not in good standing for any reason.
6. Referring Customers
Hostek.com agrees to track the customers referred to Hostek.com via the link provided to you for that purpose. Hostek.com utilizes cookies to maintain tracking information for up to one year. Hostek.com 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.
7. Compensation for Referrals
Hostek.com will pay affiliates for referrals of qualified new customers as follows:
- The customer must be a "new customer".
- The customer's account must remain in good standing.
- The affiliate's account must remain in good standing.
- The customer must sign up using the affiliate's referrer ID.
- New customers's accounts must remain active for a minimum of 90 days to be considered for affiliate payments.
- Any irregularities in account openings, account closings, or account usage may be cause for termination of an affiliate, and/or an extension in the holding period, and/or non-payment of referral fees.
Hostek.com will review referred accounts to approve or deny for payment, and make payments for approved new customer referrals.
Hostek.com will NOT pay for the referrals if:
- The affiliate's ID was not associated with the new account at sign up.
- The account is not for a 'new customer'.
- The affiliate's account or the new account is not in good standing.
- The affiliate's account or the new account violates any of Hostek.com's policies.
- The new account is bogus and created for the purpose of attempting to collect from the affiliate program.
- The affiliate is referring accounts exhibiting abnormal or suspicious properties indicating misuse of the affiliate program.
- The domain is not active on the internet, or the domain is not pointed to Hostek.com's servers.
- The site has not been sufficiently developed.
- The site does not contain substantial, real, and valid content as determined by Hostek.com.
- The site does not have normal traffic indicating a true web site.
- The account closes before it is approved for payment.
- The affiliate has referred an unusual amount of annual accounts that have closed in less than one year.
- The account owner or representative indicates intention to use Hostek.com only temporarily.
- There is any indication that the account was created for the purpose of collecting an affiliate payment.
Hostek.com will only pay for legitimate new customers. Any
affiliate suspected of setting up accounts or getting others to
setup illegitimate accounts will be dropped from the affiliate
program and all payments will be withheld.
* Hostek.com is NOT obligated to prove the abuse, nor is Hostek.com obligated to pay the affiliate under such circumstances.
You agree that Hostek.com may refuse payment for any referrals.
8. Form of Payments
Payments will be made by check sent by standard first class US Mail. All amounts are in US dollars. Hostek.com may change or add new payment methods at any time without notice.
* If we stop making payments by check in preference of another system, such as PayPal, or other method, we will provide 30 days notice to the email address on file to give affiliates ample opportunity to setup means to accept payments. The affiliates may comply with the changes or request to be removed from the program.
9. Maintaining your payment information
Affiliates may update their payment address and "Pay To" name in the Hostek.com control panel. The affiliate is responsible for making sure the information is correct before payment is sent. If the information is not correct, you agree that Hostek.com is not responsible issuing another payment for any amounts sent to wrong person or the wrong location. Checks are sent via first class US Mail. If you can not receive standard first class US mail, Hostek.com is not responsible for making alternate arrangements for payment, and the funds will be retained by Hostek.com.
10. Disputed Transactions
11. Account cancellation
The affiliate account may be terminated by Hostek.com at anytime by Hostek.com without notice. If this account is related to a web hosting account that is terminated for any reason, then the affiliate account may be terminated at the same time. Any payments due at the time of termination will be withheld, and will not be payable. Affiliate accounts that cancel and/or are closed, with an Affiliate balance less than $100 will not be payable.
The affiliate program may be terminated at any time by Hostek.com.
12. Affiliate Program Changes
Hostek.com may change any of the terms and conditions in the Hostek.com Affiliate Agreement, in whole or in part, at any time at Hostek.com's sole discretion. Unless otherwise provided, such modifications will take effect when posted on Hostek.com's Affiliate Terms and Conditions page (ie, this page) and apply to all referral fees that have not yet accrued.
Any significant change(s) to the Hostek.com Affiliate Agreement will be posted as a notice on this page for at least thirty (30) days after the changes are posted.
When possible, Hostek.com will post seven (7) days advance notice on this page any changes that materially impact your participation in the Affiliate Program.
Your continued participation in the Affiliate Program following such posting of any modification on this page will constitute your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to deactivate your account as described above.
13. Advertising, Representations and Restrictions
It is the reponsibility of the affiliate to promote Hostek.com in an honest manner. Any affiliates who make false claims as to the type of service we offer, or make any warranties or misrepresentations to prospective customers will be terminated from the program.
Affiliate must not work for, nor represent in any way, the referred customer, for the purchase to be a qualified purchase.
You may not send emails to advertise Hostek.com. Advertising or promoting Hostek.com via email is strictly prohibited and is cause for immediate termination from the program.
You may not use Hostek.com's trademark in any way, or misspelled keywords in any domain names.
You may not advertise via any PPC (google, bing, etc.) for any hosting service(s) or the Hostek name or any spelling variation thereof.
AFFILIATES MAY NOT RESELL HOSTING SERVICES. All referred customers must provide their own payment method and their own valid contact information to be a Qualified Purchase.
14. Age Requirement
You agree that you are 18 years of age or older on the date that you approve the terms hereof. You agree that you are in a jurisdiction where participation in the Hostek.com affiliate program does not violate any law, ordinance, regulation or standard.
15. Commission Rate
The current Commission Rate is 7.5% of each qualified payment received from a referred customer that meets the requirement outlined herein.
16. Qualified Payments
A qualified payment is payment for hosting services, not including domain registrations, SSL certificates, nor other add-on services.
Customers paying non-standard rates are not eligible for affiliate referral fees. Such non-standard rates will be determined at Hostek.com's sole discretion. Non-standard rates include but are not limited to sales, promotions and email offers.
Additionally, certain hosting packages are excluded from the Affiliate program due to their existing aggressive pricing structure. These packages are:
- cPanel Reseller
- Windows Reseller
17. Payments and Payment Dates
In the event a payment has to be re-issued, a $35 charge will apply and be deducted from the Affiliate's earnings.
Payments will only be paid once your commissions account balance reaches a minimum level of at least One Hundred Dollars ($100) owed and you request such payment. Hostek.com shall make no payment to you until this minimum balance is achieved. Commissions are paid on the 15th of each month following the first 30-days after the sale that meets the minimum level was made.
Affiliates are responsible for any and all taxes, fees, exchange rates and any other expense(s) incurred in order to receive their referral fees.
18. Tax Laws and Regulations
Due to the tax laws of 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 (international affiliates) or W9 (US residents) form. Before we can conduct affiliate payouts, we must have the completed and signed form in our possession and made available to IRS. You may download a blank W8 document here, or a blank W9 document here.
Please fax the appropriate document, properly filled out and signed, to: +1 708-570-6807
19. Disclaimers and limitation of liability
The information and services included in or available through the Hostek.com web site or sites or products related to the Hostek.com service, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Hostek.com management may make improvements and/or changes to its service at any time. Hostek.com does not claim in any way that the web hosting services provided by them, will be uninterrupted or error-free, that defects will be corrected, or that the service or the server that makes it available, are free of viruses or other harmful components. Hostek.com does not claim in any way that the use, or the results of the use, of the services provided by them or the materials made available as part of the service will be correct, accurate, timely, or otherwise reliable. By completing the account sign up form and clicking the submit button you specifically agree that Hostek.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the services provided by them. You specifically agree that Hostek.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Hostek.com is not responsible for any content sent using and/or included in the services provided by them, by any third party. Hostek.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Hostek.com AND/OR ITS RESPECTIVE REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Hostek.com AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Hostek.com OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
You agree to indemnify and hold Hostek.com, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the services provided by them.
Last Modified: June 22, 2017