Affiliate Terms of Service
Updated July 1, 2022
THIS DOCUMENT IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN THE AFFILIATE (“AFFILIATE”, “AFFILIATES”) AND THE COMPANY (“COMPANY”, “US”, “WE”) FOR PARTICIPATION IN THE COMPANY AFFILIATE PROGRAM (“PROGRAM”) AS MANAGED BY COMPANY. BY REGISTERING FOR AND PARTICIPATING IN OUR PROGRAM, AFFILIATE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF THE AFFILIATE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE AFFILIATE IS REQUESTED TO NOT SIGN UP FOR OR PARTICIPATE IN THE PROGRAM. A COMPANY AFFILIATE WHO DOES NOT AGREE TO THE ENTIRETY OF THIS AFFILIATE AGREEMENT IS REQUESTED TO IMMEDIATELY TERMINATE ALL USES OF THE COMPANY AFFILIATE MATERIALS AND ANY AFFILIATE LINKS TO THE COMPANY WEBSITE.
1. CONDITIONS OF PARTICIPATION
If an Affiliate is accepted to participate in our Affiliate Program and their website is thereafter determined at our sole discretion to be unsuitable, we reserve the right to terminate this Agreement. A website may be deemed as unsuitable for reasons including but not limited to:
1.1 Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
1.2 Promotion of sexually explicit, pornographic or obscene content (whether in text or graphics).
1.3 Promotion of illegal activities.
1.4 Promotion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethnically or otherwise objectionable.
1.5 Promotion of content related to liquor, tobacco, firearms, drugs, gambling, crime or death.
1.6 Promotion of any unlawful behavior or conduct.
1.7 Auto-traffic generators or traffic exchanges.
1.8 Any other material deemed inappropriate or offensive by the Company.
The Company reserves the right to make changes to this Agreement at any time and solely at its discretion. Continued participation in our Affiliate Program signifies consent to any and all changes made to this Agreement. Only the text published on the Company’s website is recognized as the official text of the Agreement.
3.1 Affiliates earn commissions based on the sale of a product to a customer, as specified on the Company’s website. A sale (“sale”) is the purchase by a third party of a hosting package (“product”) sold by the Company on its website, initiated by a unique link provided to the Affiliate by the Company.
3.2 Commissions are not paid for any other item or service offered by the Company. “Newly licensed” packages and “non-profit” packages are not eligible for commission.
3.3 Sales made prior to July 1, 2022, are ineligible for commission.
3.4 All new customer accounts are subject to a 60-day approval period. A customer (“customer”) is a business or individual who purchases the Company’s services through an Affiliate link.
3.5 Each new customer account must remain in good standing. Commission is not credited for sales that have been canceled, terminated, charged back, refunded, or have unpaid balances.
3.6 All sales must originate from the Affiliate’s unique tracking URL. The tracking URL we provide must not be altered. It is unique to each Affiliate and any changes could result in inaccurate reporting and in commissions not credited to an Affiliate. Affiliates are encouraged to test their unique tracking URL each time they use it. The Company is not responsible for, nor gives credit for, sales that do not have the Affiliate’s unique tracking URL attached to it.
3.7 Affiliate-generated sales that do not meet these requirements are not eligible for commission.
3.8 It is to our sole discretion as to whether or not an affiliate sale is legitimate.
3.9 We reserve the right to deny commissions and/or performance tier increases for reasons including, but not limited to, poor quality affiliate traffic, conversions, low sale cost, high rate of cancellations, and low renewals.
3.10 We reserve the right to charge back or deny commissions for faster or higher than normal cancellation rates, as determined by the Company.
3.11 We reserve the right to adjust commission rates below or above our published rates for performance reasons.
4. PAYMENT OF COMMISSIONS
4.1 Commissions are paid when Affiliates reach a minimum commission balance of $200 (two hundred US dollars). Commission balances that have not yet reached $200 carry over to the next month until the $200 minimum has been reached. If the minimum balance is not reached for a period of 18 months, the balance is forfeited and no longer eligible for commission.
4.2 Commissions are processed on the 15th of each month and paid via PayPal. Payments is made to the PayPal account provided by the Affiliate at signup. All commissions are paid in US dollars.
4.3 A W8 or W9 form must be on file with the Company before payment can be released. We do not accept digitally signed W8 or W9 documents. All forms must be signed with a physical signature. We reserve the right to not accept a W8 or W9 form if we deem it to be incorrect or incomplete.
5. AFFILIATE RESTRICTIONS
The following restrictions apply to all Affiliates. If at any time these restrictions are not adhered to, this Agreement is terminated, the Affiliate will be removed from the Affiliate Program and any unpaid commissions are canceled. It is to our discretion whether the terms of this Agreement were violated.
5.1 GENERAL RESTRICTIONS
5.1.1 Affiliates may not use their affiliate link for self-referring accounts, for their own personal use.
5.1.2 Cookie stuffing is not tolerated and results in the termination of the affiliate account.
5.1.3 Use of browser extensions as a way to set affiliate IDs or refer affiliate traffic to any Company sites is not permitted.
5.1.4 Affiliates cannot use traffic exchanges or incentive offers.
5.1.5 Affiliates cannot earn commissions on their own purchases.
5.1.6 It is to our discretion whether to allow Affiliates into the Program based on the content of their website who have “My Clinical Site”, “MCS” or any variation, misspelling or combination of these words in the primary domain name of their site and/or social media websites where a Company affiliate link resides.
5.1.7 Affiliates may not format pages with affiliate links to Company with i-frames or any other disguising methods.
5.1.8 Affiliates are prohibited from making a representation, either expressed or implied, that visitors to the affiliate’s site are visiting the Company site.
5.1.9 Affiliates may not promote the Company via a browser add-in or toolbar.
5.1.10 Affiliates may not engage in a relationship with ISPs and/or mobile carriers resulting in address bar keyword and URL trafficking.
5.1.11 Affiliates are prohibited from promoting the Company on sites where the primary function or value of the site is to distribute coupon/promotional codes.
5.1.12 Affiliates may not promote exclusive offers that are negotiated through non-affiliate channels.
5.1.13 Affiliates may not promote to audiences that, as determined by the Company, appear to be using our service as a trial, get quick schemes, test or only for a short term (which can include, but not limited to a classroom setting or encouraging signups up merely to receive an incentive). Affiliates using these tactics are removed from the Program and forfeit commissions. On a best effort basis, Affiliates should deliver only long-term customers.
5.1.14 Affiliate networks of any kind are prohibited from signing up for an Affiliate account without explicit written permission from the Company.
5.1.15 Teachers who teach a course or class of any kind are prohibited from taking part in this Affiliate Program as a means of referring students to Company.
5.1.16 Agencies (web design, web development or any other website service provider) may sign up on behalf of their customers but must use their client’s details during the checkout process and a payment method belonging to the client (for example, the customer’s credit card). Agencies may not sign up on behalf of a client under the agency’s name nor pay the invoice on their client’s behalf.
5.2 COUPON RESTRICTIONS
5.2.1 Affiliates may not use the keywords “coupons, discounts” or similar terms in their search engine optimization, nor the title of the page or meta title without advance permission, even if they have a custom code they are promoting.
5.2.2 Whether an Affiliate is classified as a coupon affiliate is at the sole discretion of the Company. Factors that could cause a site to be classified as a coupon site include coupon offerings from many different merchants and a focus on savings or deals, rather than on the products and features of a merchant.
5.3 KEYWORD RESTRICTIONS
5.3.1 Affiliates ARE allowed to keyword bid. Restrictions apply on trademark terms relating to and including search terms that have the words “My Clinical Site”. This is in addition to any and all other variations of our trademark including but not limited to, “My Clinical Site”.
5.3.2 Affiliates in violation of our PPC rules may be subject to account suspension or termination.
5.3.3 Affiliates are required to add the following negative campaign keywords when keyword bidding:
-My Clinical Site
-My Clinical Site hosting
-My Clinical Site web hosting
5.3.4 Sales are voided (and potentially charged back) whenever these rules are violated. Multiple violations result in suspension and termination from the Program.
5.4 OTHER RESTRICTIONS
Other instances when an Affiliate sale is voided include, but are not limited to:
5.4.1 A sale that is canceled by the customer before the 60-day approval period expires
5.4.2 A test transaction (by an Affiliate or by My Clinical Site)
5.4.3 Duplicate sales
6. ANTI-SPAM POLICY
We do not tolerate the sending of unsolicited email messages and prosecute all offenders to the fullest extent of the law. By agreeing to the terms and conditions of this Agreement, Affiliates agree to the following:
6.1 E-mails promoting the Company shall not contain or include a falsified sender domain name or falsified IP address.
6.2 E-mails promoting the Company advertisements shall not be routed or relayed through servers that the sender does not have explicit authorization to use.
6.3 E-mails promoting the Company advertisements shall not contain or include a false or misleading subject line that attempts to disguise or conceal the content of the e-mail.
6.4 All e-mails shall contain or include valid and responsive contact information of the sender, list manager or list owner, including the affiliate’s physical address.
6.5 No e-mails promoting the Company shall be sent for the purpose of harvesting e-mail addresses in order to send future unsolicited e-mails.
6.6 All e-mails promoting the Company must be sent only to recipients who have given their Affirmative Consent as defined in Sec. 3.1 of the CAN-SPAM Act of 2003 (viewable at GPOAccess.gov) which is incorporated into this Agreement by reference.
6.7 Every e-mail promoting the Company advertisements shall contain a functioning return electronic mail address or other Internet-based mechanism clearly displayed, which a recipient may use to submit in a manner specified in the message a reply to electronic mail message or other form of Internet-based communication requesting not to receive future e-mail messages.
6.8 Affiliates shall process any and all opt-out requests within 5 business days from the day of the request.
6.9 Unless otherwise directed by the Company in writing, Affiliates shall not use the Company, or its represented advertisers names (including any abbreviation thereof) or any trademark, trade name, service mark, logo or other Company identifying information in the originating or return e-mail address line, header or subject line of any e-mail transmission and all e-mail transmissions shall contain language in the body and both the “from” line as well as the “re:” line that clearly announces that the offer embedded in the e-mail is being sent by the Affiliate for the benefit of its users.
6.10 Affiliates agree and affirm to comply with all the rules and regulations set forth in the CAN-SPAM Act of 2003 as well as all obligations and provisions herein.
7. FTC BLOGGING GUIDELINES
7.1 We strongly advise Affiliates to remain compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements.
7.2 All endorsements, reviews, testimonials on Company’s products and services, as well as relationships between other types of content websites (forums, blogs, microblogs and other Social Media channels) and the Company must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that when there exists a connection between the endorser and the seller of the advertised product it is imperative that such connection is fully disclosed. FTC views the relationship in an endorser-sponsor light and believes that the end user has the right to understand that one exists [http://ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf]. We share this approach, and strongly encourage our Affiliates to adhere to the FTC rules. We reserve the right to terminate the Company relationship with any non-compliant Affiliate.
The Company does not express or imply any warranties or representations with respect to our Affiliate Program or an Affiliate’s potential to earn income from our Affiliate Program. We make no representation that either our site or that of the Affiliate Program will be uninterrupted or error-free and we shall not be liable for any consequences of interruptions or server downtime.
9. GRANT OF LICENSES
9.1 We grant each Affiliate a non-exclusive, non-transferable, revocable right to
(i) access our site through HTML links solely in accordance with the terms of this Agreement and
(ii) in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide or authorize for such purpose.
9.2 Affiliates are only entitled to use the Licensed Materials to the extent that they are members in good standing of Company’s Affiliate Program. Affiliates agree that all uses of the Licensed Materials are on behalf of the Company and the goodwill associated therewith accrues for the sole benefit of the Company.
9.3 Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all rights, titles, and interest to its respective rights and no right, title, or interest is transferred from one party to the other.
10. LIMITATION OF LABILITY
WE SHALL NOT BE LIABLE TO AFFILIATES WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO AFFILIATES UNDER THIS AGREEMENT.
Affiliates hereby agree to indemnify and hold harmless the Company, its subsidiaries and affiliates, their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on
(i) any claim that our use of Affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party,
(ii) any misrepresentation of a representation or warranty or breach of a covenant or breach of this Agreement made by the Affiliate, or
(iii) any claim related to the Affiliate’s site, including, without limitation, content therein not attributable to the Company.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or during the effective term of this Agreement which is marked “Confidential,” or should be understood as confidential under the circumstances, remain the sole property of the disclosing party, and each party safeguards it in confidence and does not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
13. MISCELLANEOUS PROVISIONS
13.1 Affiliates agree that they are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between affiliate and Company.
13.2 Affiliates have no authority to make or accept any offers or representations on the Company’s behalf.
13.3 Affiliate shall not make any statement, whether on their website or any other site or otherwise, that reasonably would contradict anything in this Agreement.
13.4 Neither party may assign its rights or obligations under this Agreement to any other party, except to a party who obtains all or substantially all of the business or assets of either party.
13.5 This Agreement is governed by and interpreted in accordance with the laws of the State of Georgia, without regard to any conflict of laws, jurisdiction, and principle thereof.
13.6 Affiliates may not amend or waive any provision of this Agreement unless in writing and if agreed to and signed by both parties.
13.7 This Agreement is the entire agreement between the Company and its Affiliates and supersedes all prior agreements and communications of the parties, oral or written.
13.8 The headings and titles contained in this Agreement are included for convenience only and do not limit or otherwise affect the terms of this Agreement.
13.9 If any provision of this Agreement is held to be invalid or unenforceable, that provision is eliminated or limited to the minimum extent necessary, such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.