Hosting Affiliate Terms of Service
This Affiliate Agreement (hereinafter the "Agreement") sets forth the terms and conditions of your use of the InMotion Hosting Affiliate Program (“Program”) and is made and agreed to between InMotion Hosting, Inc, its subsidiary corporations, affiliate corporations, successors and assigns (collectively referred to as "IMH" or “Our” or “We”) and you ("You", “Your”, or “Affiliate”), and is made effective as of the later of i) the Last Revised date and ii) the date of Your acceptance into the Program.
Your acceptance of this Agreement signifies that You have read, understand, acknowledge and agree to be bound by this Agreement, along with IMH’s Universal Terms of Service Agreement, which is incorporated herein by reference.
IMH, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the IMH website (this "Site"). You acknowledge and agree that IMH may notify You of such changes or modifications by posting them to the Site and that Your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute Your acceptance of this Agreement as last revised. If You do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.
In addition, IMH may occasionally notify You of changes or modifications to this Agreement by email. At all times, You must continue to provide IMH with Your up-to-date, complete and accurate information, including email contact and payment information. IMH assumes no liability or responsibility for Your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
Only individuals 18 years of age or older may participate in the Program. During the sign-up process, and at all subsequent times after sign-up, You must disclose to IMH, and IMH must approve, the website You will use in conjunction with the Program. You may not assume a false or another person's or entity's identity or place advertiser paid links on another website without previously receiving authorization from IMH. If You are found to be placing advertiser paid links on an unauthorized website Your Affiliate account will be automatically terminated and all earned, but not-distributed earnings, shall be immediately forfeited and not paid.
THE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, IMH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL IMH BE LIABLE TO AFFILIATE ON ACCOUNT OF AFFILIATE'S PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, INABILITY TO PARTICIPATE IN THE PROGRAM, OR FOR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF IMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, FROM INABILITY TO PARTICIPATE IN THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE IMH NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Once You become a member of the InMotion Hosting Affiliate Program You can earn unlimited commissions by the placing of pre-qualified, high converting ad campaigns and links on Your website thereby driving traffic to Our Web Site that converts into a sale of Our qualifying products and services. The process of inserting Our high-performing ads and links on Your website is made easier for You by copying and pasting the ads and links We make available. After a prospective purchaser is referred to IMH’s Web Site or Web Site content from a link contained on Your website, the prospective purchaser has ninety (90) days to complete their purchase in order for You to receive a commission payment.
You will only earn a commission for purchases completed through our link located on Your website. You will not earn a commission on any subsequent purchases made by the same purchaser that accesses IMH’s website directly (not through Your website). Should the prospective purchaser click on another website link that is not controlled by You, or return to the IMH website via another source-coded advertising link during the initial ninety (90) days, Your link will be overwritten and You will not receive a commission should that prospective purchaser actually complete purchasing one of Our products.
Please note that we do not pay a commission on the purchase of Your own personal hosting accounts or ones purchased by Your employees, agents, representatives, or contractors. Under most circumstances we do not pay a commission on purchases taken or completed over the telephone even if the prospective purchaser was referred to us via Your website. Any referrals provided prior to membership in the IMH Affiliate Program are not commissionable and will not be back-dated.
IMH reserves the right to deny membership in the Program for any reason. By joining the Program, You agree to the following publishing restrictions and acknowledge and agree that Your website or publishing location shall NOT (and shall NOT enable others to):
- Incorporate or use our trademarked brand name in Your URL; such as, but not limited to 'inmotionhosting-reviews, inmotion-hosting, in-motion-hosting, bestinmotionhosting, etc. Any affiliates using a domain with our trademarked name included will be subject to suspension and all commissions will be forfeited;
- Conduct paid search campaigns that utilize keywords such as, but not limited to, 'inmotion,' 'inmotion hosting,' 'inmotion web hosting,' 'inmotion hosting coupon,' 'inmotion hosting discount' or the like. Such actions are strictly prohibited;
- Direct link to inmotionhosting.com;
- Use our URL as the display URL of any advertisements;
- Use iframes or any other techniques or technology that places Your affiliate tracking cookie by any means other than an actual click-through;
- Have “InMotion” or “InMotion Hosting” in any capacity as a part of an affiliate username;
- Share the username/password combination used to access Your account with any person. It is Your responsibility to keep this information strictly confidential. You are solely responsible for any and all use of Your IMH account, including authorization granted by You to any other person or entity who may use Your account;
- Engage in the advertisement of incentivized programs and business-opportunity sites using marketing practices that might be unethical or likely to attract fraudulent or short-term customers (customers with low retention and renewal rates);
- Display any content or materials on Your website or through the IMH Affiliate Program that is libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, adult oriented (pornographic) or the offer of any illegal good or service, or Link(s) to a Web site(s) that does so and/or engage in spamming, indiscriminate advertising or unsolicited commercial email;
- Promote, solicit or participate in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick," "build your wealth," and "financial independence" offerings. Failure to comply may result in account suspension and forfeiture of commissions.
In addition, as a participant in the Program, You agree to:
- Promptly notify IMH by email if You suspect that any clicks are not legitimate, or if an IMH affiliate is violating any of the terms of this User Agreement;
- Only use the links, promotional materials, and branding made available through the Program in the precise manner and mode by which such links, promotional materials, and branding are made available pursuant to the Program;
- Only use such links, promotional materials, and branding for the purpose of establishing links to the IMH website, referring users to the services made available on the IMH website, and promoting IMH as an entity as well as IMH services;
- Only use the links, promotional materials, and branding made available pursuant to the Program as additions to the content displayed on Your web site(s) and that such links, promotional materials, and branding shall not be the sole content on Your web site(s).
In our sole and absolute discretion, IMH reserves the right to terminate this Agreement and Your right to use or receive any services or benefits, including the forfeiture of any past, present or future commissions associated with the Program, and pursue any legal action against You, if You:
- breach of any of the terms herein;
- commit any type of fraud, system abuse or any type of activity deemed to be inappropriate, in violation of this Agreement, or any action deemed illegal in IMH’s sole and absolute discretion.
The commission structure may vary by Affiliate. The commission structure applicable to You may be found by signing into Your Affiliate Impact Radius control panel ("IR Control Panel”). IMH expressly reserves the right to change or modify the commission structure at any time, and such changes or modifications shall be effective immediately upon posting to Your IR Control Panel without need for further notice to You.
You understand and agree that You will not earn a commission on the purchase of Your own personal hosting accounts. Any sales generated in conjunction with special discounts or coupons may not be commissionable. Those affiliates who violate the above are subject to a reversal of commissions and termination of Affiliate Program membership.
When the total commissions due You are at least one hundred dollars ($100), IMH will send a commission payment via PayPal, check, or wire as determined in advance, for the applicable commission (less any taxes required to be withheld under applicable law) to You. Commission payments and statements of activity will be processed approximately sixty (60) days after a purchase is properly completed and verified. Payment dates occur on approximately the 5th or the 25th of the month following when a purchase is deemed valid and final. Actual Payment date is determined by Your Program level.
Commission payments are delivered via check, PayPal, or bank transfer to the address or account that You provide to us. IMH will not reimburse nor compensate You for any commission or other consideration other than for an approved valid sale, made solely by You, and in which Your sale was in approved status for a period of at least sixty (60) days. IMH, in its sole discretion, reserves the right to modify the terms of this commission payment method or schedule.
IMH reserves the right to extend the payment date on orders suspected of fraudulent or abusive activity.
Upon Your cancellation of the Program, You acknowledge and agree that IMH has the right to charge You the lesser of Twenty-Five Dollars ($25.00) or (ii) the unpaid funds remaining in Your Program account as an administrative fee in connection with Your cancellation of the Program. Any funds remaining in Your Program account after the deduction of the administrative fee shall be paid to You in accordance with Your selected payment option.
AFFILIATE RESPONSIBILITIES AND OBLIGATIONS
You agree to indemnify, defend and hold harmless IMH and its subsidiaries and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Your use of the Program, (ii) any violation by You of this Agreement and/or any of Our agreements, (iii) any breach of any representation, warranty or covenant of Affiliate contained in this Agreement or (iv) any acts or omissions of Affiliate. The terms of this section shall survive any termination of this Agreement
SUCCESSORS AND ASSIGNS
You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of IMH. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. IMH may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without Your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
IMH shall use commercially reasonable efforts to attempt to provide the Program on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. However, You acknowledge and agree that there will be times the Program may not be available for Your use for any number of reasons, including, without limitation:
- Equipment malfunctions;
- Periodic maintenance, repairs or replacements of the Program’s operating software, hardware, and network: or
- Causes beyond the reasonable control of IMH or that are not reasonably foreseeable by IMH, including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree that IMH has no control over the availability of the Program on a continuous or uninterrupted basis, and assumes no liability to You or any other party with regard thereto.
IMH’S RIGHTS AND REMEDIES
IMH explicitly reserves the right, in its sole and absolute discretion, to:
- Modify the pricing, fees, thresholds, Payouts, Links, or any terms and conditions of the Program without advance notice;
- Establish limits and guidelines concerning the use of the Program; and
- Terminate Your license to use the Program if Your use of the Program is in violation of the terms and conditions of this Agreement.
If IMH terminates Your license to use the Program, IMH may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers. IMH has no obligation to monitor Your use of the Program, but reserves the right to do so.
Notwithstanding anything to the contrary in this Agreement, in addition to any and all other rights and remedies to which IMH is entitled, IMH specifically reserves the right to:
- Terminate the Program at any time for any reason.
- Terminate Your license to use the Program at any time for any reason. If Your license is terminated, IMH will make any commission payments from validly generated purchases from Your website which accrue before the date of termination. IMH will not make any commission payments which accrue after the date of termination. You acknowledge and agree that the determination as to whether a purchase was "validly generated" from Your website shall be made in IMH's sole and absolute discretion.
- Suspend Your license to use the Program at any time for any reason. If Your license is suspended, You will not receive any commission payments during Your suspension period, whether such commission payments accrued before or during Your suspension period. After completion of an internal investigation, if You are allowed back into the Program, IMH will make any commission payments from validly generated purchases from Your website which accrued before or during Your suspension period. You acknowledge and agree that the determination as to whether a purchase was "validly generated" from Your website shall be made in IMH’s sole and absolute discretion.
- Require the forfeiture of any previously earned commissions in connection with the Program, which has been paid or yet to be paid on any purchases You generated or assisted in generating during any times when You are in violation of this Agreement.
- Deactivate any and all accounts and domains that IMH believes, in its sole and absolute discretion, to be violating the terms and conditions of this Agreement.
You acknowledge and agree that the Program, the names, trademarks, and logos of IMH, and all related product and service names, design marks and slogans, including misspellings and variations (the "IMH Trademarks"), are the sole and exclusive property of IMH, and Your use of the IMH Trademarks shall inure to the benefit of IMH. You are not authorized to use the IMH Trademarks in any advertising, publicity, or other commercial venture except by displaying in an unaltered state the icons, buttons, banners, graphics, files, or content contained in IMH links as provided in this Agreement.
You agree not to utilize, advertise, or otherwise promote any mark of IMH in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising and You may not bid on any mark of IMH on any pay-for-placement search engines.
FTC ENDORSEMENT COMPLIANCE
At InMotion Hosting, our aim is to care for our customers in a fair manner and to fully abide with all Federal Trade Commission’s regulations that relate to advertising. Likewise, we require that our affiliates do so as well. The regulations include, but are not restricted to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising, which necessitates, along with other criteria, that material connections between advertisers and endorsers be revealed. Therefore, directories, review/rating websites, blogs and other websites, email or collateral that claim to provide an endorsement or assessment of an advertiser (in this case InMotion Hosting) must clearly state the fact that financial or in-kind compensation is given by the advertiser.
You can get further information and suggestions on complying with these guidelines via the links below. You are advised to search for and acquire Your own legal advice on how these rules apply to Your website or any promotional activities that You receive compensation for.
InMotion Hosting reserves the right to withhold commission fees and cancel the affiliate relationship with You should we find, at our discretion, that You are not abiding with the previously mentioned guide or other FTC regulations/guides we view as applicable.
The FTC offers a variety of resources to help make it easier for You to comply with the guidelines, including:
- Guides Concerning the Use of Endorsements and Testimonials in Advertising: https://www.ftc.gov/policy/federal-register-notices/guides-concerning-use-endorsements-and-testimonials-advertising-16-2
- The FTC's Revised Endorsement Guides: What People are Asking: http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking
- Dot Com Disclosures: Information About Online Advertising: https://www.ftc.gov/tips-advice/business-center/guidance/com-disclosures-how-make-effective-disclosures-digital
The titles and headings herein are for convenience only and are not part of this Agreement. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
If you have any questions concerning the above policies, please feel free to contact us.
Affiliate Payout Schedule
|Commission Period||Approximate Payout Date|
|Jan 1st-Jan 31st||Mar 20th|
|Feb 1st-Feb 28/29th||Apr 20th|
|Mar 1st-Mar 31st||May 20th|
|Apr 1st-Apr 30th||June 20th|
|May 1st-May 31st||July 20th|
|Jun 1st-Jun 30th||Aug 20th|
|Jul 1st-Jul 31st||Sept 20th|
|Aug 1st-Aug 31st||Oct 20th|
|Sept 1st-Sept 30th||Nov 20th|
|Oct 1st-Oct 31st||Dec 20th|
|Nov 1st-Nov 30th||Jan 20th|
|Dec 1st-Dec 31st||Feb 20th|