This Affiliate Program Agreement (this "Agreement") is entered into by and between Hostinger International Ltd, a Cyprus private limited company ("Hostinger Nederland") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of the Affiliate Program (the "Affiliate Program" or the "Services"). Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Hostinger Nederland's Universal Terms Of Service Agreement, which is incorporated herein by reference. The terms "we", "us" or "our" shall refer to Hostinger Nederland. The terms "you", "your", "User", "customer" or "Affiliate" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Hostinger Nederland, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Hostinger Nederland website (this "Site"). You acknowledge and agree that (i) Hostinger Nederland may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Hostinger Nederland may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current. Hostinger Nederland assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
Hostinger Nederland grants you a non-exclusive, non-transferable limited license to use the Affiliate Program in accordance with the terms and conditions set forth herein. The Affiliate Program allows you to provide a platform for advertising Hostinger Nederland via your "Web Site" or "Publishing Location" (such as an electronic newsletter or blog), thereby driving traffic to Hostinger Nederland's Web Site or Web Site content, whereby you may earn a portion of the revenue generated (a "Commission Payment") if a person or entity that is not you (a "Visitor") purchases a Hostinger Nederland product or service after being referred to Hostinger Nederland's Web Site or Web Site content from an internet hyperlink (a "Link") contained on your Web Site or Publishing Location. After being referred to Hostinger Nederland's Web Site or Web Site content from a Link contained on your Web Site or Publishing Location, Visitors have forty-five (45) days to complete their purchase in order for you to receive a Commission Payment. Please note that you will only receive a Commission Payment for purchases completed through your Web Site or Publishing Location’s Link; subsequent purchases made by the same Visitor (by accessing Hostinger Nederland’s Web Site directly) will not be commissionable. Additionally, should the Visitor click on another Web Site or Publishing Location's Link that is not controlled by you, or return to the Hostinger Nederland Web Site via another source-coded advertising Link during the initial forty-five (45) days, your Link will be overwritten and you will not receive a Commission Payment for that Visitor's purchase. Only Hostinger Nederland Shared and Reseller Hosting products will be eligible for a Commission Payment. You acknowledge and agree that only purchases completed through Hostinger Nederland's Web Site or Web Site content will be eligible for a Commission Payment. You are not eligible for a Commission Payment on purchases made by you, your employees, agents, representatives, or contractors.
You acknowledge and agree that your Web Site or Publishing Location shall not (and shall not enable others to):
In addition, you acknowledge and agree you shall not:
You acknowledge and agree that Hostinger Nederland may terminate your Services if you, your Web Site or your Publishing Location violates, as determined by Hostinger Nederland in its sole and absolute discretion, any of the aforementioned restrictions or additional restrictions.
Commission Payments Generally
Hostinger Nederland shall use commercially reasonable efforts to provide you with accurate daily estimates of the revenue your Web Site or Publishing Location generates. You acknowledge and agree that any daily estimates do not represent an exact determination of your Commission Payment and the exact amount of your Commission Payment, as determined at the end of the applicable revenue generating period, may be different. Additionally, in calculating your Commission Payment, amounts may include fractions of a cent. Hostinger Nederland shall use commercially reasonable efforts to round these amounts to the nearest cent in a manner so as to benefit you. However, you acknowledge and agree that in calculating your Commission Payment Hostinger Nederland's determination regarding the same shall be the final and binding determination. The commission structure (the "Commission Structure") for the Affiliate Program shall be based on the total checkout amount in the Visitor's shopping cart after any applicable product discounts or exclusions. The Commission Structure may be comprised of (i) a percentage rate per product or service, (ii) a fixed amount per product or service. The Commission Structure may vary by Affiliate. The Commission Structure applicable to you may be found by signing into your affiliate area (your "Hostinger Nederland Affiliate Area"). Hostinger Nederland expressly reserves the right to change or modify the Commission Structure at any time, and such changes or modifications shall be effective immediately upon posting to your Hostinger Nederland Affiliate Area without need for further notice to you. Hostinger Nederland will hold the initial Commission Payment on orders for all products and services for sixty (60) days from the purchase date. After this time, Commission Payments will be paid out in accordance with the provisions below and will represent Commission Payments earned in the immediately preceding month or quarter, as the case may be, less any applicable fees and/or chargebacks. Hostinger Nederland reserves the right to extend the payment date on orders suspected of fraudulent or abusive activity.
The payout date is the date that the Commission Payment is sent to you. Commission Payments will be paid by PayPal®.
Affiliates utilizing PayPal will be paid out monthly on the first week of each month. A Hundred-Fifty Dollar ($150.00) minimum threshold is required before payment will be made to those accounts. If the payment amount exceeds $20,000.00, it will be split into two PayPal payment transactions. Please refer to the PayPal account set-up requirements for your country, which may be found here, to ensure your PayPal account has the ability to receive payments from third parties.
You acknowledge and agree that Hostinger Nederland only has an obligation to make Commission Payments on purchases utilizing coupon codes that are supplied to you through your Hostinger Nederland Affiliate Area. Pending Commission Payments earned on purchases in violation of the foregoing will be reversed. Hostinger Nederland does not make Commission Payments on purchases made by Visitors with the following coupon codes: a coupon code not supplied to you through your Hostinger Nederland Affiliate Area, a coupon code from an internal Hostinger Nederland code or private discount code, a coupon code supplied in Hostinger Nederland customer emails, a coupon code supplied through other programs such as "Commission Junction", or any coupon that states on its landing page that it is "not compatible with the Affiliate Program."
Affiliate covenants and agrees to indemnify and hold harmless Hostinger Nederland from and against any and all claims, damages, losses, penalties, costs, expenses and fees (including without limitation reasonable attorneys' fees) (collectively, "Claims") arising out of or in connection with (i) Affiliate's breach of or non-compliance with this Agreement, (ii) Affiliate's use of the Services, (iii) Affiliate's violation or alleged violation of any applicable law, (iv) Affiliate's violation or alleged violation of any rights of another, including violation of a person's or entity's intellectual property rights, (v) any products or services offered, sold or otherwise made available by Affiliate on Affiliate's Web Site or Publishing Location, (vi) Affiliate's acts or omissions in using, displaying or distributing any Links obtained from the Affiliate Program or elsewhere, including but not limited to Affiliate's use of Links via email distribution, or (vii) any assertion that Hostinger Nederland is obligated to pay taxes in connection with a Commission Payment made by Hostinger Nederland to Affiliate pursuant to this Agreement. In the context of this Section only, the term "Hostinger Nederland" shall include Hostinger Nederland's officers, directors, employees, agents, representatives, contractors, and any entity that controls, is controlled by, or is under common control with, Hostinger Nederland. Affiliate's indemnification obligations set forth in this Section shall survive the expiration or termination of this Agreement.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Subject to the terms and conditions of this Agreement and Hostinger Nederland's policies and procedures, Hostinger Nederland shall use commercially reasonable efforts to attempt to provide the Affiliate Program on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Affiliate Program may be inaccessible or inoperable for any reason, including, without limitation:
You acknowledge and agree that Hostinger Nederland has no control over the availability of the Affiliate Program on a continuous or uninterrupted basis, and assumes no liability to you or any other party with regard thereto.
Hostinger Nederland explicitly reserves the right, in its sole and absolute discretion, to:
If Hostinger Nederland terminates your license to use the Affiliate Program, Hostinger Nederland may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. Hostinger Nederland has no obligation to monitor your use of the Affiliate Program, but reserves the right to do so. Notwithstanding anything to the contrary in this Agreement, in addition to any and all other rights and remedies to which Hostinger Nederland is entitled, Hostinger Nederland specifically reserves the right to:
You acknowledge and agree that the Affiliate Program, the names, trademarks, and logos of Hostinger Nederland, and all related product and service names, design marks and slogans, including misspellings and variations (the "Hostinger Nederland Trademarks"), are the sole and exclusive property of Hostinger Nederland, and your use of the Hostinger Nederland Trademarks shall inure to the benefit of Hostinger Nederland. You are not authorized to use the Hostinger Nederland Trademarks in any advertising, publicity, or other commercial venture except by displaying in an unaltered state the icons, buttons, banners, graphics, files, or content contained in Hostinger Nederland's Links as provided in this Agreement. You agree not to utilize, advertise, or otherwise promote any mark of Hostinger Nederland in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising and you may not bid on any mark of Hostinger Nederland on any pay-for-placement search engines.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.