The following document outlines the terms by which the Host Savvy Affiliate Program shall operate. The Host Savvy Affiliate Program may be referred to as “The Program”, “The Affiliates Program”, or similar.

Parties to this Agreement

This agreement is entered into by Host Savvy and each of its Affiliate(s). “You”, “Your” refers to each and every affiliate or sub-affiliate of the Host Savvy affiliate program. Participation in the program constitutes full and complete acceptance of the TOS set forth herein.

1. Host Savvy Responsibilities
2. Affiliate Account

Upon joining the program, Host Savvy will create an affiliate account which affiliates may access at this link. The account exists to allow Host Savvy’s affiliates means to manage their work as our affiliate.

Affiliate ID & General Affiliate Link

Upon creation of your affiliate account, Host Savvy will provide a unique Affiliate ID. The Affiliate ID sets you apart from other affiliates and is used in the generation of your General Affiliate Link. An affiliate link is a URL used in marketing that allows for clicks on it to be tracked by Host Savvy and its Affiliates. Host Savvy provides a General Affiliate Link by default which allows you to share it straight away, and, affiliates are free to create custom affiliate links within their affiliate account.

Rules for acceptable usage of your affiliate link and/or general affiliate link appear later in this document.

Tracking

Host Savvy agrees to track the customers referred to Host Savvy via the link provided to you for that purpose. Host Savvy utilizes cookies to maintain tracking information for up to 90 days. Host Savvy will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.

Affiliate Responsibilities

Minimum Age

You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in the Host Savvy affiliate program does not violate any law, ordinance, regulation or standard.

Operation of Affiliate Link

You agree to take full responsibility for ensuring the proper and continuing operation of your affiliate URL. You agree that you will notify Host Savvy if your affiliate URL ceases to function or ceases to function properly.

Representations

You agree that you will not make any representations, promises, warranties or other statements about Host Savvy or the Host Savvy web site, products or policies other than as may be expressly approved in writing by Host Savvy or as otherwise provided to you by Host Savvy for that purpose.

Affiliate Code of Conduct

As a participant in the Host Savvy Affiliate Program, you are prohibited from participating in any scheme or strategy that artificially inflates your earnings or bonuses. This includes, but is not limited to, referring or promoting the cheapest services solely for the purpose of increasing the number of orders. Lebro Solutions Pty Ltd the owner of the affiliate program, reserves the right to decline any commission earned through such fraudulent activity. As a Host Savvy affiliate, it is your responsibility to refer services in a natural and authentic manner.

Affiliate shall abide by the highest standards of ethics and professionalism. Without limiting the generality of the foregoing, Affiliate and/or your Promotional Content shall not, in connection with the Affiliate Program:

1. Misrepresent the Services in any way, including its prices, plans, discounts, or functionality;
2. Offer or provide any warranties, guarantees, incentives, rewards, or indemnities, except as set forth in the Host Savvy terms and conditions or approved in writing by Host Savvy team;
3. Disparage Host Savvy and its representatives, the Services, or the Program;
4. Use any illegal or spam method of advertising;
5. Compete or interfere with Host Savvy’s direct advertising efforts. From time to time, Host Savvy may opt to engage in direct online advertising. The Affiliate shall not place advertisements targeting Host Savvy’s trademarks and service marks or place advertisements that in any way advertise or display Host Savvy’s trademarks or service marks. This means, among other things, that the Affiliate shall not bid (in regards to online advertising, including but not limited to Pay per Click or Pay per Impression campaigns) on any keywords or phrases containing Host Savvy trademarks, service marks, registered trademarks, or registered URLs, or on any variations, abbreviations, or misspellings of the same.
6. Refer traffic to Host Savvy through any pay-to-read, pay to click, banner exchanges, click exchanges, PPC advertising, pop-up/under, press releases, or similar methods. Referrals must be made from original content hosted at the Affiliate Websites, from original video content hosted at third-party video hosting platforms, or from direct professional referrals made by the Affiliate to their professional network;
7. Using iframes or any other techniques or technology to add the Affiliates tracking cookie to a referral by any means other than an actual click-through;
8. Using link cloaking, or masking techniques or technology, with the goal of promoting Host Savvy on websites and/or networks not explicitly mentioned in your Account;
9. Display Host Savvy.com, “Host Savvy”, Host Savvy’s logos or trade names, or any variation, abbreviation, or misspelling thereof in any URL, domain name, social media profile, or any other online or offline presence.
10. Engage in incentivized programs or business-opportunity sites;
11. Self-refer or refer yourself in any fashion. This includes referral of any operation or website in which the Affiliate has a controlling, proprietary, or equitable interest. Any referral where payment is made utilizing a form of payment controlled by or belonging to the Affiliate shall be considered a violation of these Terms.

Violations may result in the invalidation of referral commissions and/or immediate termination of the affiliate account. Host Savvy will be the sole arbitrator as to what constitutes a violation.

Link

You may use the affiliate URL provided by Host Savvy via Your Affiliate Account, or in any other form you wish, provided that your use of the URL is not in any way disparaging of Host Savvy or otherwise not appropriate or acceptable in Host Savvy’s sole opinion and judgment. You may not violate any copyright, trademark, or other intellectual property rights of Host Savvy or any other party. You may not violate the Host Savvy Master Service Agreement.

Amendments

You agree that Host Savvy may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the Host Savvy web site on a periodic basis. All changes, amendments, and modifications of the TOS shall be effective as of the date posted on the Host Savvy website and You agree that You shall be bound by all such changes, amendments and modifications of the TOS effective upon posting.

Customers of Host Savvy

Host Savvy will have the sole right and responsibility to service all customers secured through your affiliate URL. All dealings with customers for web hosting and related services shall be directly and solely between customer and Host Savvy shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to affiliate. All customers of Host Savvy, regardless of origin or referral, are the sole property and responsibility of Host Savvy.

1. Commissions
2. Commission Rate

Commissions are paid on a monthly basis (recurring) for each customer that signed up via your affiliate URL subject to the terms and conditions set forth herein.. Commissions vary in amount. Exact commission rates based on the hosting package sold.

Basic Website hosting package 25%
Standard and Store hosting packages 30%

NO COMMISSIONS WILL BE CREDITED FOR THE FOLLOWING ADDITIONAL SERVICES:

• Domain Name Registrations/Transfers
• Additional services listed in the add-ons section. 

Commissions are paid for as long as the client remains a paying customer and you remain a Host Savvy affiliate. Should your affiliate account be terminated, you will no longer be eligible for commissions

Qualified Commission

A “qualified commission” is one for which the new account, which is the subject of the commission, has remained in good standing continuously for at least 45 days from its inception. Host Savvy shall make all decisions as to whether any commission is a “qualified commission.” If at any time after a commission has been awarded and/or paid and the related customer’s account is terminated or cancelled for any reason, this commission will be revoked and subtracted from any standing or future commissions account balance you may have.

Payment
Payment is made in the last week of each month and R20 admin fees is charged per payment. Commissions eligible for payment are all commissions earned by the 7^th of each month will be paid in the last week of that month.

Tax
Affiliates assume all responsibilities for tax payments or fees owed as a result of receiving Commission from Host Savvy.

1. Ownership and Licenses
2. Property Ownership

Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.

License

Host Savvy grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the Host Savvy logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and Host Savvy to accomplish the purpose and intent of this affiliate agreement. You may also use the links and images located in the link library prepared specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise, alter any such property. This License is neither assignable nor transferable.

Cease use upon Demand

You agree to immediately cease the use of any mark upon request made by Host Savvy to the email address provided by you and maintained on file for you by Host Savvy. You agree to immediately cease the use of any link created by you to Host Savvy upon request by Host Savvy to the email address provided by you and maintained on file for you by Host Savvy.

1. Termination
2. Effect upon Commission

Either party may terminate this agreement at any time upon notice in writing to the other party. Other than any termination under paragraph 6.B. herein, any commission which has become a qualified commission as of the date of such termination will be paid post-termination for 1 month. Any commission, which is not a qualified commission as of the date of the notice of termination, shall not thereafter become a qualified commission.

Breach of this Agreement

The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of Host Savvy termination of this agreement in its entirety.

Suspension

Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by Host Savvy will become a termination under 6.B. as of the date of the initial suspension.

Survival

Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Sections VII shall survive such termination and remain in full force and effect. 

General

Authority

Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the person assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.

Non-Infringement

You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Savvy that you will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.

Terms of Service

You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Savvy that you agree to be bound by all terms and conditions of this document and any applicable terms and conditions set forth in the Host Savvy Terms of Service which are incorporated herein as though set forth at length herein.

Unsolicited Email

You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Savvy that you will not use or otherwise permit the use of unsolicited commercial email (aka SPAM/UBE/UCE) in relation to the Host Savvy Affiliate Program.

Defamation/Libel

You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Savvy that you will not transmit any information which is or might be considered to be defamatory or libelous.

Decency

You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Savvy that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.

Unfair Competition

You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Savvy that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the Host Savvy Terms of Service.

Damage to Host Savvy

You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Host Savvy that you will not take any action that would in any way damage Host Savvy or otherwise compromise its servers or equipment including utilizing or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.

No Automatic Links

You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.

Coupon and Reviews Websites

Host Savvy must approve all coupon or reviews websites prior to any Host Savvy affiliate information being advertised.

Warranty Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY Host Savvy PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT Host Savvy MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, Host Savvy DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL Host Savvy BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.

Limitation of Liability

IN NO INSTANCE SHALL Host Savvy  BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT Host Savvy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.M. or (iv) either party’s liability for death or personal injury or their own acts of fraud.

Indemnification

You agree to indemnify, defend and hold harmless Host Savvy and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney.s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copywritten materials, License violation, domain misuse, trademark misuse or any active or passive negligence.

Independent Contractors

Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.

Severability

The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

Integration

This agreement constitutes the entire understanding between the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by Host Savvy on the Host Savvy web site.

Use Constitutes Full Acceptance and Signature

Your agreement to the terms set forth herein is manifested by any participation in the Host Savvy affiliate program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by Host Savvy without notice to any other party other than changing the agreement itself made available by Host Savvy to the affiliates on the Host Savvy web site.

Questions

Questions regarding this document should be presented to the Host Savvy Affiliate department by our Contact Us page.