Smlouva o přidruženém programu

GENERAL

1. This Affiliate Program Agreement (also "Agreement", "Affiliate Agreement", "Terms and Conditions", "Affiliate Terms and Conditions") is entered into by and between UltaHost (“UltaHost, inc”) and the Partner (also ”You”, “Affiliate Partner”, “Affiliate”), and is made effective as of the date of electronic acceptance.

This Agreement sets forth the terms and conditions of your use of the Affiliate Program (the "Affiliate Program" or the "Services"). Your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged and agreed to be bound by this Agreement, along with UltaHost's terms and conditions as available on its site, which is incorporated herein by reference. The terms "we", "us" or "our" shall refer to UltaHost. The terms "you", "your", "User", "customer" or "Affiliate" shall refer to any individual or entity who accepts this Agreement.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. UltaHost, 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 UltaHost website (this "Site").

You acknowledge and agree that

• UltaHost may notify you of such changes or modifications by posting them to this Site
• 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, UltaHost may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current. UltaHost 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. 

2. PARTICIPATION IN THE AFFILIATE PROGRAM

In order to enroll in the Affiliate Program, an application is submitted by following this link and completing the form. Completing an application does not guarantee acceptance as a Partner and applications may be rejected for any reason. 

3. YOUR RESPONSIBILITIES

As an UltaHost Affiliate, you agree that

• It is your full responsibility to provide us with accurate account information and it is your responsibility to keep that information up to date. Such information includes, but is not limited to: contact details, payment details, tax information, all website URL(s) where UltaHost is promoted, promotional means and practices and any other details we may request. UltaHost reserves the right to request any additional information about each website where UltaHost is promoted and any additional information about the practices used to promote UltaHost on those websites. If by any means you fail to provide the requested data or the data is not accurate it may result in exclusion from the Affiliate Program, temporary suspension or termination of your Affiliate account and loss of any Commissions.
• The Affiliate must act in good faith and refer clients in good standing. Clients in good standing are your referred web hosting account owners that have provided valid contact information, have active accounts that do not exceed any limitations as per the UltaHost Terms of Service and are not flagged for high fraud risk. Active account refers to your referred new users who have created an account and have not canceled it in more than 30 (thirty) days.
• Recommendations or actions that may result in revenue loss for UltaHost is not acceptable.
• Only marketing practices that will attract clients in good standing should be used.
• None of UltaHost’s copyrighted images, banners, icons, graphics or any other content may be modified, copied or altered by any Partner.
• Self-referral methods, clicking on your own affiliate link and banners, making orders via your unique affiliate link is not allowed, or using VPN services to make purchases using your own affiliate link is considered violations. Such violation may result in the loss of all accrued rewards and dismissal from the affiliate program.
• You shall not engage in blackhat SEO or spam link-building techniques.
• Not to advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity.

If UltaHost suspects or detects patterns of violations of the Affiliate Program Agreement, UltaHost reserves the right, as a result of Program Agreement violation, to suspend and/or terminate your Affiliate account and cancel all Commission payments due

4. AFFILIATE ADVERTISING

Only promotional materials approved by UltaHost may be used in the Affiliate’s Site in order to advertise UltaHost. By signing this agreement a non-exclusive, limited and non-transferable license is awarded to you to access, download and place the approved promotional material on your website with the sole purpose to promote websites operated, controlled, and owned by UltaHost. 

If by the decision of any party the Affiliate Agreement is terminated, such award is revoked.

UltaHost shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension or termination of your affiliate account and cancellation of all outstanding Commission payments due. Additionally, any rude, aggressive or offensive in any means of communication with the dedicated affiliate manager will result in a permanent ban from the Affiliate Program with no exceptions made. 

5. AFFILIATE TRACKING COOKIES 

Affiliate sales are tracked using cookies. Cookies are automatically placed in the browser of the clicker that reaches our website. Cookies are stored for up to 90 days. If cookies are intentionally deleted, UltaHost cannot be held responsible for such.

6. AFFILIATE COMMISSIONS

If a sale is successful and the Affiliate’s link was indeed used, the Affiliate will receive 60% of the sale amount, i.e if a user invoice generated $100.00 for the 1-year plan, the Affiliate will receive $60.00. This is a once-off payment.

Please visit our FAQ page for more information on Affiliates and their commission structure. All information contained therein will bind UltaHost and the Affiliate as if specifically and fully repeated herein.

7. INVOICING

Commission statements are sent to your chosen email address. Payments are made during the 10th and 15th day of each month. The minimum amount for withdrawal is $100.00. for amounts that are above 5K USD UltaHost can payout only 40% of the amount each month, i.e if a Commission statements invoice is generated with $5000 for the 1-month, ultahost will allow withdrawing 40% of the amount which is 2000$ and the rest will be paid off in next upcoming month.  

8. RELATIONSHIP OF THE PARTIES

Both parties agree that they enter into this agreement as independent contractors and that there is no employment relationship between them.

The Affiliate cannot make any representations or promises on behalf of UltaHost.

9. ACCOUNT TERMINATION

This agreement can be terminated at any time by giving the instruction via email to your appointed UltaHost representative

UltaHost can terminate an affiliate account: 

• With a fourteen-day notice without providing any explanation.
• Immediately without any prior notice, if your affiliate account or you violate the Affiliate Program Terms and Conditions.

When an affiliate account is terminated, sales will not be tracked and you will not qualify for any future Commissions. If any Commissions are due at the time of termination, they will be paid during the regular payment cycle. No outstanding commission payments will be due if your account is terminated due to the violation of these Terms and Conditions.

Once the Affiliate account is terminated, the Affiliate is obliged to remove any and all promotional materials, links, logos, trademarks, and slogans of UltaHost from his website within a period of 3 business days. This provision survives the termination of the Affiliate Agreement. Upon the termination of this Affiliate Agreement, the Affiliate no longer has the right to use any of UltaHost trademark(s), logo(s), and slogan(s) and will refrain from any actions that may affect the reputation, the image and any business relations with current and potential clients of UltaHost, directly or indirectly. 

10. CONFIDENTIAL INFORMATION

Each party acknowledges that, as a result of this Affiliate Agreement, it may gain access to certain Confidential Information of the other party. “Confidential Information” means all documentation and information, including techniques, algorithms and processes and technical, business and marketing information, designated or marked by the party disclosing such documentation and information orally, visually or in writing (the “Disclosing Party”) as “proprietary” or “confidential” or the like, or that the other party (the “Receiving Party”) knows to be confidential, or should reasonably consider to be confidential under the circumstances of its disclosure, supplied by the Disclosing Party to the Receiving Party in connection with this Affiliate Agreement.

During the Term and for a period of five (5) years thereafter, each Receiving Party agrees

1. (a) to hold the Disclosing Party’s Confidential Information in strict confidence, using the same degree of (but no less than reasonable) care and protection that it exercises with its own Confidential Information of a similar nature;
2. (b) not to directly or indirectly disclose or otherwise make available any Confidential Information of the Disclosing Party to a third party; and
3. (c) not to copy or use Disclosing Party’s Confidential Information for any purpose other than as necessary to fulfill Receiving Party’s obligations or exercise its rights under this Affiliate Agreement.

Each party will disclose the other party’s Confidential Information only to its employees and affiliates with a need to know in order to fulfill such party’s obligations hereunder. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is approved in writing by the Disclosing Party or is required by law or by the order of a court or similar judicial or administrative body, provided that (to the extent permitted by law) the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action.

The obligations of this Section will not apply to Confidential Information if such information:

• (a) is publicly available prior to or at the time of disclosure, or later becomes publicly available through no act of the Receiving Party; or
• (b) was, prior to disclosure hereunder, rightfully known to the Receiving Party (other than in connection with this Affiliate Agreement) without confidentiality restriction.

11. GOVERNING LAW

Any controversy, claim or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation where the UltaHost entity servicing your Affiliate account is located. 

12. CHANGES TO THE AFFILIATE PROGRAM TERMS

We reserve the right to change any policies or terms of this Affiliate Agreement at any time. Such changes are effective immediately upon being posted to the UltaHost website. The current Terms and Conditions of the Affiliate Agreement are available on UltaHost’s website. If you do not agree with changes to the Affiliate Agreement, you can cancel your account within 10 business days.

For more info, you can contact us at [email protected]