Affiliate Program Terms and Conditions
1. Agreement to the Terms and Conditions
All affiliates of Aquest Hosting 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. Furthermore, at our discretion, we may issue stop payment on any outstanding checks to the affiliate if the account is terminated.
2. Intent of the Affiliate Program
The intent of this affiliate program is to pay affiliates for referrals of 'new customers'.
3. Important Definitions
A 'new customer' is a customer that has not done business with
Aquest Hosting or Aquest Solutions in the past.
A 'referral' is an account that signed up with Aquest Hosting, and have
submitted a valid 'referrer ID' during the sign up process either through automated means
of stored cookies, or our own database records, or manually entered by the new customer
on the order form.
A valid 'referrer ID' is a code assigned to an 'active' affiliate, which
can be used in hyperlinks on the referrer's site or can be entered by the new customer
on the sign up form during the sign up process.
4. Enrollment in the Affiliate Program
Aquest Hosting customers may apply for inclusion in the affiliate program using the Aquest Hosting control panel. Applicants will be
reviewed and either approved or denied by Aquest Hosting.
Applicants must have an account with Aquest Hosting that has been active for a minimum of 30 days and their account
must be in good standing.
Aquest Hosting reserves the right to refuse participation in this program to anyone for any reason. Aquest Hosting 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 Aquest Hosting.
Once approved, the affiliate may be removed from the program at any time by Aquest Hosting without notice if the affiliate does not honor the intentions of this program
or if the affiliate is not deemed fit to represent Aquest Hosting.
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.
5. Referring Customers
You may refer customers using graphics provided by Aquest Hosting. You may also
create your own graphics or text to refer customers. Links will contain a query string value with your
referrer ID. Aquest Hosting will use both cookies, and our own database to store the IP address of the
potential customer along with the referrer's ID. When the customer signs up, we will try to retrieve the IP
from our database, and/or retrieve the cookie to make sure that affiliates get credit for their referrals.
You may also tell your referrals to enter your referrer ID on the order form
when they create their new account.
6. Compensation for Referrals
Aquest Hosting 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.
- We try to automatically track refferer ID's using cookies and by storing their IP address on our servers when
referred by an affiliate.
- The customer can also insert the referrer ID on the sign up form at the time of account creation.
- The affiliate is responsible for making sure the new customer is associated with the referrer.
- New customers's accounts must remain active for a minimum of 60 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.
- Aquest Hosting will review referred accounts each month to approve or deny for payment,
and make payments for approved new customer referrals.
Aquest Hosting will NOT pay for the referals if:
- The referrer's ID was not associate with the new account at sign up.
- The account is not for a 'new customer'.
- The account uses a Promotional code during sign up.
- The referrer's account or the new account is not in good standing.
- The referrer's account or the new account violates any of Aquest Hostings policies.
- The new account is bogus and created for the purpose of collecting from the affiliate program.
- The referrer 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 Aquest Hosting's servers.
- The site has not been sufficiently developed.
- The site does not contain substantial, real, and valid content as determined by Aquest Hosting.
- The site does not have normal traffic indicating a true web site.
- The account closes before it is approved for payment.
- The account closes within 6 months of opening (payment for a future referral may
be withheld).
- The affiliate has referred an unusual amount of accounts that have closed in less 1 year.
- The account owner or representative indicates intention to use Aquest only temporarily.
- There is any indication that the account was created for the purpose of collecting an affiliate payment.
* Aquest Hosting will only pay for legitimate new customers. Any affiliate suspected of setting up accounts or colluding with
others to setup illegitimate accounts will be dropped from the affiliate program and all payments will be withheld.
* Any affiliate who exhibits a pattern of referring
customers that are not meeting normal profitability standards will be terminated
even if the affiliate did not intend to abuse the program.
* Aquest Hosting
is NOT obligated to prove the abuse,
nor is Aquest Hosting obligated to pay the affiliate under such circumstances.
* Any referalls which we pay for that subsequently close
their account in less than 6 months from the opening date will be cause to withhold
payment for a future referral.
You agree that Aquest Hosting may refuse payment for any referrals.
7. Form of Payments
Payments will be made by check sent by standard first class US Mail. All amounts are in US dollars.
Aquest Hosting 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.
8. Maintaining your payment information
Affiliates may update their payment address and 'Pay To' name in the Aquest Hosting 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 Aquest Hosting 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, Aquest Hosting is not responsible for
making alternate arrangements for payment, and the funds will be retained by Aquest
Hosing.
9. Disputed Transactions
You agree to forward all disputed transactions to aquest_support@AquestHosting.com for an
initial appraisal. You agree Aquest Hosting will make all final decisions in regards to disputes
regarding the validity of a referral for payment. You agree Aquest Hosting is not obligated to pay
affiliates for referrals, and will not pay for any referrals that violate the intentions
of this program. You agree Aquest Hosting is not obligated to explain why payments have been withheld, and in many
cases could not explain, due to privacy policy obligations.
10. Account cancellation
The affiliate may request in writing to have the account cancelled by issuing a
Trouble Ticket from the Aquest Hosting control panel.
The affiliate account may be terminated by Aquest Hosting at anytime by Aquest Hosting 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.
The affiliate program may be terminated at any time by Aquest Hosting.
11. Affiliate Program Changes
The Affiliate Program may be altered by
Aquest Hosting at any time, as deemed neccessary by Aquest Hosting. Changes will be effective immediately once posted
to on Aquest Hosting's website.
12. Advertising and Representations
It is the reponsibility of the affiliate to promote Aquest Hosting 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.
13. Spam Policy
You may not send emails to advertise Aquest Hosting. Advertising or promoting Aquest Hosting via email is
strictly prohibited and is cause for immediate termination from the program.
14. Disclaimers and limitation of liability
The information and services included in or available through the Aquest Hosting web site or sites or products related to the Aquest Hosting service, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Aquest Hosting management may make improvements and/or changes to its service at any time.
Aquest Hosting 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. Aquest Hosting 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 Aquest Hosting 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 Aquest Hosting 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 Aquest Hosting is not responsible for any content sent using and/or included in the services provided by them, by any third party.
Aquest Hosting 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. Aquest Hosting 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 Aquest Hosting 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 Aquest Hosting 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 OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
15. Indemnification
You agree to indemnify and hold Aquest Hosting , 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.
July 10, 2007 - Created date.