This Agreement contains the terms and conditions that apply to your participation as a member of the 24-7-365hosting.com Affiliate Program.

1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed Program Application through our website. You acknowledge that we maintain the right to cancel your account and your participation in the affiliate program for any reason we see fit, including, but not limited to, abuse, harassing or otherwise objectional actions.

2. Utilizing Links on Your Site.
As an affiliate of 24-7-365hosting.com, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder.

3. Commissions.
We will pay you a commission based on the below structure:

Commision Rates:
1st year: 75% of the base monthly plan amount
2nd year onwards: 25% of the base monthly plan amount

Please note that domain only registration and email only plans do not qualify for commission payouts. Only referrals signing up for Windows or Linux Hosting qualify for commission payouts.

The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the following renewal cycle of your referral.

Commissions are only earned on referred accounts that are hosted by us, active and in good standing order and have been so for the full year. If your referral closes the account prior to the completion of the full yearly term then your commission for that referral is forfeited for that year.

4. Commission Payment.
Commissions deemed due and owed to you under the program will be paid to you directly by 24-7-365hosting.com after any holding period and in accordance with a regular payout cycle established by 24-7-365hosting.com.

Withdrawls can only be made to your PayPal Account and has to be a minimum of $25. All commissions have a holding period of one year to ensure your referral fulfills his full year term without cancelling. Although commissions will be earned for each referral you bring us (starting with the very 1st referral), no commissions will be released until your 3rd referral successfully hosts with us for 1 full year. This is simply to ensure a client doesn't try and receive super cheap hosting by signing up as an affiliate and bringing themselves onboard as a referral.

5. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

6. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. We are not required to notify you of such changes. It is your sole responsibility to review this agreement on a reqular basis and ensure you are familiar with any changes that have been made to the terms or commission payments. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.

7. Relationship of Parties.
You and 24-7-365hosting.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of 24-7-365hosting.com and 24-7-365hosting.com expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.

8. Limitation of Liability.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have 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 you under this Agreement.

9. Disclaimers.
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

10. Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide 24-7-365hosting.com with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.

11. Confidentiality.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to 24-7-365hosting.com, customer and vendor lists relating to 24-7-365hosting.com and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.

12. Indemnification.
You hereby agree to indemnify, defend and hold harmless 24-7-365.com, officers, directors, owners, operators, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.

13. Miscellaneous.
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the Canada and the United States, without reference to rules governing choice of laws. 24-7-365hosting.com reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. 24-7-365.com will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

14. Binding Arbitration.
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against 24-7-365hosting.com or its subsidiaries in conjunction with this program. An arbitration firm selected by 24-7-365hosting.com will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.