Affiliate Program Terms of Service

Last Updated: November 1, 2024

Affiliate Program.
1. This Affiliate Program Terms of Service (hereinafter the “Affiliate ToS”) sets forth the terms and conditions of the Affiliate Affiliate Program (“Program”) and is made and agreed to between InMotion Hosting, Inc., its parent, subsidiaries, affiliates, and brands (collectively, “Company”) and Company’s affiliate (“Affiliate”) and is effective as of the date Affiliate signs up for the Program.
2. Affiliate’s acceptance of this Affiliate ToS signifies that Affiliate has read, understands, acknowledges and agrees to be bound by this Affiliate ToS, along with Company’s Universal Terms of Service (“UToS”), which are incorporated herein by reference, and all other terms and conditions related thereto related to the Affiliate account signed up for (“Affiliate Account”). Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the UToS. In the event of a conflict between this Affiliate ToS and the UToS, this Affiliate ToS shall control. Customer acknowledges that Customer has read this Affiliate ToS.
3. Company, in its sole and absolute discretion, may change or modify this Affiliate ToS, 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 Websites. Affiliate acknowledges and agrees that Company may notify Affiliate of such changes or modifications by posting them to the Websites and that Affiliate’s use of the Products, Websites or Services related to the Affiliate Account after such changes or modifications have been made (as indicated by the “Last Updated” in these Affiliated ToS) shall constitute Affiliate’s acceptance of this Affiliate ToS as last revised. If Affiliate does not agree to be bound by this Affiliate ToS as last updated, Affiliate should not use (or continue to use) the Products, Websites or Services related to the Affiliate Account.
4. In addition, Company may occasionally notify Affiliate of changes or modifications to this Affiliate ToS by email. At all times, Affiliate must continue to provide Company with Affiliate’s up-to-date, complete and accurate information, including email contact and payment information. Company assumes no liability or responsibility for Affiliate’s failure to receive an email notification if such failure results from inaccurate information in the Affiliate Account.
5. Only individuals eighteen (18) years of age or older may participate in the Program.
6. During the sign-up process, and at all subsequent times after sign-up, Affiliate must disclose to Company, and Company must approve, the website(s) Affiliate will use in conjunction with the Program. Affiliate may not assume a false or another person’s or entity’s identity or place advertiser’s paid links on another website(s) without previously receiving authorization from Company. If Affiliate is found to have placed an advertiser paid link(s) on an unauthorized website(s) Affiliate’s Affiliate account will be automatically terminated and all earned, but not-distributed earnings, shall be immediately forfeited and not paid by Company to Affiliate.
7. 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, COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM. AFFILIATE UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM IS DONE AT AFFILIATE’S OWN DISCRETION AND RISK AND THAT AFFILIATE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO AFFILIATE’S COMPUTER SYSTEM, DEVICE(S) 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 AFFILIATE INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
8. UNDER NO CIRCUMSTANCES SHALL COMPANY 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 COMPANY 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, 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, DAMAGE TO ANY DEVICE 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, COMPANY’S 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 AFFILIATE.
Program
1. Once Affiliate becomes a member of the Program, Affiliate can earn unlimited commissions by the placing of pre-qualified, high converting advertisement campaigns and links on Affiliate’s website(s) thereby driving traffic to Company’s website(s) that converts into a sale of a qualifying Product. The process of inserting Company’s high-performing advertisements and links on Affiliate’s website(s) may be made easier for Affiliate by copying and pasting the advertisements and links Company makes available. After a prospective purchaser is referred to a Company website or content from a link contained on Affiliate’s website(s), if the prospective purchaser completes a full purchase within ninety (90) days thereof, Affiliate is entitled to receive a commission payment.
2. Affiliate will only earn a commission for purchases completed through a Company Affiliate’s affiliate link. Affiliate will not earn a commission on any subsequent purchases made by the same purchaser that accesses any other Company website or content from a non-Affiliate’s affiliate link (i.e., sale is not through Affiliate’s affiliate link). Should the prospective purchaser click on a non-Affiliate’s affiliate link that is not controlled by Affiliate or return to any other Company website or content via another source-coded advertising link during the initial ninety (90) days, Affiliate’s affiliate link will be overwritten, and Affiliate will not receive a commission should that prospective purchaser complete a purchase of one of a Company Product.
3. Company does not pay a commission for the purchase of Affiliate’s own personal hosting accounts or accounts purchased by Affiliate’s employees, agents, representatives, or contractors. Under most circumstances Company does not pay a commission for purchases taken or completed over the telephone or live chat even if the prospective purchaser was referred to Company via Affiliate’s website(s). Any referrals provided prior to Affiliate’s participation in the Program are not entitled to a commission.
Advertising Restrictions.
1. Company reserves the right to deny membership to the Program for any reason. By joining the Program, Affiliate agrees to the following Company policies, or restrictions and Affiliate acknowledges and agrees that Affiliate’s website(s) or publishing location shall not (and shall not enable others to):
  1. Incorporate or use of Company’s trademarks (i.e., InMotion Hosting) in Affiliate’s marketing URL (e.g., inmotionhosting-reviews, inmotion-hosting, in-motion-hosting, bestinmotionhosting). If Affiliate uses a domain with any Company trademark, Affiliate will be subject to suspension or termination from the Program and all commissions will be forfeited by Affiliate;
  2. 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 are strictly prohibited;
  3. Direct a link to inmotionhosting.com;
  4. Use Company’s URL as the displayed URL for any advertisements;
  5. Use iframes or any other techniques or technology that places Affiliate’s affiliate tracking cookie (or other tracker) by any means other than an actual click-through;
  6. Have “InMotion” or “InMotion Hosting” in any capacity as a part of Affiliate’s username;
  7. Share the username or password combination used to access the Affiliate Account with any third-party. It is Affiliate’s sole responsibility to keep any username or password combination information confidential. Affiliate is solely responsible for any and all use of the Affiliate Account, including authorization granted by Affiliate to any third-party who may use the Affiliate’s Account;
  8. Engage in the advertisement of incentivized programs and business-opportunity websites using marketing practices that might be deemed unethical or likely to attract fraudulent or short-term customers (i.e., customers with low retention and renewal rates);
  9. Allow more than one (1) coupon use per customer for specifically assigned coupon redemption pages;
  10. Display any content or materials on Affiliate’s website(s) or through the 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 website(s) that does so and/or engage in spamming, indiscriminate advertising or unsolicited commercial email (see Company’s Acceptable Use Policy);
  11. Promote, solicit or participate in pyramid schemes or multi-level channel and/or network marketing (i.e., multi-level-marketing (MLM)) activities, 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.
  12. In addition, as a participant in the Program, Affiliate agrees to:
    1. Promptly notify Company by email if Affiliate suspects that any clicks are not legitimate, or if any other Company affiliate is or may be violating any of the terms of this Affiliate ToS;
    2. 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;
    3. Only use such links, promotional materials, and branding for the purpose of establishing links to Company’s website(s), referring users to the services made available thereon, and promoting; and
    4. Only use the links, promotional materials, and branding made available pursuant to the Program as additions to the content displayed on Affiliate’s website(s) and that such links, promotional materials, and branding shall not be the sole content on Affiliate’s website(s).
2. In Company’s sole and absolute discretion, Company reserves the right to terminate this Affiliate ToS and Affiliate’s 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 Affiliate, if Affiliate:
  1. breaches any of the terms herein or any other Company terms and conditions or policies;
  2. commits any type of fraud and/or system abuse, or any action deemed illegal;
  3. fails to maintain a consistent level of sales conversions;
  4. displays unusual traffic and/or spikes;
  5. engages in unusual sales; or
  6. engages in any type of activity deemed to be inappropriate.
Program Commissions.
1. The commission structure varies among Company’s affiliates. The commission structure applicable to Affiliate may be found in Affiliate’s Affiliate Impact Radius control panel (“IR Control Panel”). Company expressly reserves the right to change or modify the commission structure at any time, as it determines in its sole discretion, and such changes or modifications shall be effective immediately upon posting to Affiliate’s IR Control Panel without need for further notice to Affiliate.
2. AFFILIATE ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT AFFILIATE IS NOT ELIGIBLE FOR AND WILL NOT EARN A COMMISSION RELATED TO:
  1. SALES THAT SHARE THE SAME PERSONAL OR COMPANY DETAILS, INCLUDING BUT NOT LIMITED TO, LAST NAME, EMAIL ADDRESS, IP ADDRESS, WEBSITE DETAILS, OR COMMISSION PAYMENT DETAILS, AS REFERRING AFFILIATE,
  2. MULTIPLE PURCHASES BY SAME REFERRED OR EXISTING CUSTOMERS,
  3. SALES DEEMED, IN COMPANY’S SOLE DISCRETION, AS FRAUDULENT, OR
  4. ANY SALES GENERATED IN CONJUNCTION WITH SPECIAL DISCOUNTS OR COUPONS WITHOUT COMPANY’S CONSENT, OR ANY VIOLATION OF THE FOREGOING MAY BE SUBJECT TO A REVERSAL OF COMMISSIONS AND TERMINATION OF AFFILIATE’S PARTICIPATION IN THE PROGRAM. COMMISSION SALES ARE FOR THE SALE OF HOSTING PLANS ONLY, UNLESS SPECIFIED BY COMPANY PROVIDED PROMOTIONS.
3. Once Affiliate’s total commissions due exceed fifty dollars United States dollars and 00/100 cents ($50.00 USD), Company will send a commission payment to Affiliate via PayPal or wire transfer (as provided in the IR Control Panel) as determined in advance for the applicable commission (less any taxes required to be withheld under applicable law). Any payment will be based on Affiliate’s contract terms located in Affiliate’s portal.
4. Commission payments and statements of activity will be processed approximately sixty (60) calendar days after a purchase is completed (and fully paid for) and customer approved by either automated services or manually by Company. Payments for verified and approved purchases will occur based on the Affiliate Payout Schedule located in Affiliate’s portal.
Affiliate Payouts.
1. Company will not reimburse nor compensate Affiliate for any commission, or provide any other consideration, other than for a valid sale made solely by Affiliate) and in active status for a period of at least sixty (60) days. Company reserves the right to extend the payment date on orders suspected of fraudulent or abusive activity.
2. Upon Affiliate’s cancellation of the Program, Affiliate acknowledges and agrees that Company has the right to charge the lesser of (i) twenty-five United States dollars ($25.00 USD) or (ii) the unpaid funds remaining in Affiliate’s Program account as an administrative fee in connection with Affiliate’s cancellation of the Program. Any funds remaining in Affiliate’s Account after the deduction of the administrative fee shall be paid in accordance with the selected payment option.
Affiliate Responsibilities and Obligations Privacy Obligations. Affiliate agrees that Affiliate will post a privacy policy (similar to Company’s Privacy Policy) on Affiliate’s website(s) or publishing location(s) and otherwise make it available to all visitors. Affiliate’s privacy policy must comply with all applicable laws and regulations regarding the privacy of user, visitor or customer’s information, be commercially reasonable, and fully and accurately disclose Affiliate’s collection and use of visitor information. In addition, Affiliate must fully and accurately disclose Affiliate’s use of third-party technology, including tracking technology, use of cookies, and options for discontinuing use of such cookies. Failure to comply with this Section will result in termination from the Program and Affiliate’s waiver of all commissions.
Indemnification. Affiliate agrees to indemnify, defend and hold harmless Company 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 (i) Affiliate’s use of the Program, (ii) any violation by Affiliate of this Affiliate ToS and/or any of the Agreements, (iii) any breach of any representation, warranty or covenant of Affiliate contained in this Affiliate ToS or (iv) any acts or omissions of Affiliate. The terms of this section shall survive any termination of this Affiliate ToS.
Program Availability.
1. Company shall use commercially reasonable efforts to attempt to provide the Program on twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Affiliate ToS. However, Affiliate acknowledges and agrees that this is not a guarantee as there will be times the Program may not be available for Affiliate’s use. Affiliate acknowledges and agrees that Company has no control over the availability of the Program on a continuous or uninterrupted basis and Company assumes no liability to Affiliate or any other party with regard thereto.
FTC Endorsement Compliance.
1. Company aims to care for its customers in a fair manner and to fully abide by all rules, regulations and law, including the United States Federal Trade Commission’s (“FTC”) regulations, that relate to advertising. At the same time, Company necessitates that its affiliates must also do so as well.
2. The FTC regulations include but are not limited to, 16 C.F.R. 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 claims to provide an endorsement or assessment of an advertiser (in this case Company) must clearly state that the advertiser is given financial or in-kind compensation.
3. When Affiliate posts any material about Company’s products or services, Affiliate must disclose its “material connection” with Company, including the fact that Affiliate was given or is entitled to consideration from Company. The disclosure should be clear and prominent and made in close proximity to any statements that Affiliate makes about Company or Company’s products or service. Company may monitor Affiliate’s posts and notify Affiliate of any content that it deems, in its sole discretion, is outside of the FTC guidelines that needs immediate correction, removal, or explanation. Should an inappropriate post appear, Company may withhold payment, request reimbursement of already paid fees, and/or terminate its relationship with Affiliate.
4. Affiliate can obtain further information and suggestions on complying with the FTC guidelines via the links below. Affiliate is advised to search for and acquire Affiliate’s own legal advice on how the FTC rules may apply to Affiliate under this Affiliate ToS.
5. Company reserves the right to withhold commission fees and cancel the affiliate relationship with Affiliate should Company find, its sole discretion, that Affiliate is not abiding with the previously mentioned guide or FTC regulations/guides Company view as applicable.
6. The FTC offers a variety of resources to help make it easier for Affiliate to comply with the guidelines, including but not limited to: