EUROPE WEB HOSTING SOLUTIONS

Brontobytes Affiliate Program Agreement

The agreement below details the terms and conditions for enrolment in the Brontobytes affiliate program.

The terms "Affiliate," "you," and "your" refer to you, the applicant. "We" and "our" refer to Brontobytes.com. We are independent parties, this agreement will not form any partnership.

Duration

This agreement will commence once your affiliate application has been accepted and will cease when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination.

Changes

Changes may be made to the terms and conditions within this Agreement at any time and at our sole discretion. The changes may include, but not limited to, changes in referral fees, fee schedules, payment procedures and program rules. If you find any of the changes unacceptable, you must terminate the Agreement. The changes will be updated on this web site and you will also be notified of any changes by email. If You continue to participate in the Program following the Change, it will be considered that you have accepted the change.

Commission

Affiliates are paid €30 on each new web hosting account signup via our order form (http://ssl.brontobytes.com/orders/). The account must be active for at least 30-60 days before commission is applied. Commissions are made the second month following the sale. For example, payment for January's sale will be in March. Current customers who re-order additional packages via our Account Management System will not count as a new account. Domain name registration sales, do not count towards the affiliate program.

The cookie duration is 30 days, i.e. you will be entitled to receive the commission if a customer completes a sale within 30 days of finding us from your referral.

Payment

Commissions are paid when affiliate reaches a €50 balance. Affiliate commissions are processed on the 1st of the month, for the previous month and payment will be sent directly to your PayPal Account. Accounts under the €50 balance are carried forward to the next sales period until commissions have accumulated to the €50 threshold. You are held responsible for your own tax liabilities in relation to this payment.

Restrictions

Commissions earned through our affiliate program can not transferred to another user or transferred to any other other program. It can not be applied to our web hosting service.

Affiliates cannot use the community forums or the IRC chat to generate sales. Any affiliate sale discovered to be the result, direct or otherwise, of the forums or IRC chat will be nulled, and the affiliate will be suspended.

No Internal Sales

Affiliates can not earn commission on the purchase of their own web hosting account.

Liability

Brontobytes will not be liable for any indirect damages, loss of revenue, profits or data arising, in connection with the Agreement of the Program, even if we have been in formed of the possibility of such damages.

Processing Orders

It is the responsibility of Brontobytes to process every order placed by a customer on our sites. Customers who purchase products through the Affiliate Program will be customers of the advertised site. Prices and availability of our products and services may vary on occasions.

Brontobytes reserve the right to reject any order that does not comply with our operating procedures and policies.

Restrictions

We reserve the right not to accept sites into the Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include, but are not limited to:

Pornographic and sexually explicit content Violent content Discrimination content based on race, sex, religion, nationality or disability Content promoting illegal activities Content violating intellectual property rights

Unsolicited Emailing

All Affiliates are expected to adhere to Brontobytes' policy of not participating in any mass unsolicited emailing. Any violation of this policy will result in the Affiliate being immediately dismissed from the Brontobytes Affiliate Program with all unpaid commissions being forfeited.

Disclaimer

Brontobytes does not express or imply any warranties or representations in respect of the Affiliate Program or an Affiliate's potential to earn income from our Program. We make no representation that either our site or that of the Affiliate Program will be uninterrupted or error-free and we will not be liable for any consequences of interruptions or server down time.

Jurisdiction

This Agreement will be governed by the laws and any action relating to this Agreement must be brought in the courts where you consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. 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.

By participating in this Affiliate Program you are acknowledging and consenting that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

Last Revised - 27 February 2006