The Affiliate Program Terms and Conditions (herein referred to as “the Agreement”) constitute a legal agreement between the affiliate program participant (herein referred to as “the Affiliate”) and CloudAccess.net, LLC (herein referred to as "The Company"), legal owner of the domain name and website CloudAccess.net (herein referred to as "the Website"). The Affiliate and/or the Company may also be referred to herein as a "Party" and collectively as the "Parties". The Affiliate Program (herein referred to as "The Program") allows the Affiliate to promote the Company's services and receive commissions according to the terms and conditions listed below. The Affiliate acknowledges, agrees to, and is bound by these terms and conditions by signing up and participating in the Program.
The Parties entering this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the Parties. The Affiliate has no authority to make or accept any offers or representations on the Company’s behalf. The Affiliate cannot make any statement, whether on the Affiliate’s website or otherwise, that would reasonably contradict anything in this Agreement.
In order to be able to participate as an Affiliate of The Program, applicants must register an account via the CloudAccess.net Website. Once an account and profile have been created, the account holder can activate the affiliate link (a unique affiliate URL), which is accessible by navigating to the affiliate menu item located in the left side menu of the Cloud Control PanelTM (CCP).
The Program is made available to any individual, company or organization that qualifies as described within the Terms of Service. The Applicant’s affiliate privileges may be suspended or revoked if it is determined that the applicant is unsuitable for the Program for any reason. Examples of applicant unsuitability include but are not limited to any previous history of the applicant not complying with CloudAccess.net Affiliate Program Terms of Service, website or other activity that could be related to any unlawful, defamatory, obscene, harassing or otherwise objectionable activity (such as facilitating illegal activity, promoting violence, promoting or assisting others in copyright infringement, sending unsolicited email, or promoting activities that the Company feels may harm the CloudAccess.net brand by association with the Program.)
When visitors to your website click the Affiliate link, a cookie is placed in the browser allowing the Company to automatically track the visitors you refer as they sign up for services. The users you refer don’t have to purchase instantly as the cookies last up to 90 days following the initial visit. The Company is not responsible and shall be held liable if the customer deletes or removes cookie data. Once a hosting product is purchased, your affiliate URL is transparently assigned to the profile and for each invoice the referred client successfully pays, the Affiliate will receive a commission.
The Affiliate will receive the appropriate commission based on the product type and payment frequency of the referred client’s purchase. Commissions are calculated as a percentage of the hosting purchase/renewal price and commissions are applied after the invoice has been successfully paid (with a 7 day period to process the payment) as long as ALL of the following hold true:
CloudAccess.net reserves the right to exclude all qualifying products from affiliate commissions that were purchased through a promotional offer or discount created by CloudAccess.net.
Affiliate commission payments are accumulated throughout the month for all referred hosting products and a summary commissions report is emailed on the 1st of every month to show the total current balance. Commissions are paid automatically on the 18th of each month* for affiliate balances of $50 or more. All commissions are paid in US dollars and there are three withdrawal methods available: Account Credit, PayPal (PayPal transaction fees may apply), and manual check mailed to the address on the profile.
*Regular commission payments are made on the 18th of each month unless the 18th falls on a weekend or a bank-recognized holiday, in which case commissions will be paid on the next business day.
In the event that a referred client cancels or terminates service after an invoice has been paid, any associated commissions would also be cancelled which may cause a discrepancy with the 1st of the month report.
The Company reserves the right to withhold any payouts of commissions for sales that are potentially fraudulent as determined by the Company in its sole discretion.
The Company reserves the right to suspend payment of commissions at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or referred customer(s). The Company reserves the right to deduct from Affiliate's current and future commissions any and all commissions paid out for sales corresponding to any fraudulent, questionable, or canceled purchases. When no subsequent commission is owed, the Company will bill the Affiliate for the balance of such refunded purchases upon cancellation of the service or termination of the referred customer account due to fraud or chargeback.
The Affiliate can cancel the Affiliate relationship at any time by contacting the Company via support ticket through the Cloud Control Panel™(CCP). The Affiliate relationship will be cancelled immediately upon receipt and processing of the Affiliate cancellation ticket and any commissions earned will be paid during the next monthly pay out date.
The Company can cancel the Affiliate relationship at any time using any of the following methods:
After the cancellation of an Affiliate account the Company will no longer track the sales associated with the affiliate and will not owe any commissions to the affiliate for future sales or referred clients.
BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY AND AGREE THAT CLOUDACCESS.NET WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF CLOUDACCESS.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO THE AFFILIATE UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
The Company reserves the right to change the above Terms of Service at any time. Such changes will become effective and binding after their posting on the Company's website. The Affiliate agrees to regularly review the Affiliate program Terms of Service and be aware of the changes made. By continuing to participate in the Affiliate program after a revision has been posted, the Affiliate agrees to abide by them.