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Affiliate Agreement

Please read the agreement document below before registering.

This TemplateHoster.com Affiliate Agreement (the "Agreement") contains the terms and conditions between TemplateHoster.com ("a division of The Creation Studio") (hereafter “TemplateHoster.com”), and the individual or organization (the " Affiliate") participating in the TemplateHoster.com Affiliate Partner Program (the "Program"). In this Agreement, "we" “our” and "us" means TemplateHoster.com, "you" means the Affiliate, and TemplateHoster.com and Affiliate may also be referred to individually as a "Party" or collectively as the "Parties" throughout this Agreement.

Highlights: TemplateHoster.com operates the TemplateHoster.com Web site. As part of the TemplateHoster.com Web Site, we offer the Program, through which approved Affiliates are granted a limited, non-exclusive right to: (i) advertise and promote our Services and our Web Site in a manner in compliance with this Agreement , (ii) post or circulate an approved graphical or textual internet hyper-link ("Link") to the TemplateHoster.com Web Site, and (iii) direct visitors to the Affiliate's Web Site and to the TemplateHoster.com’s Web Site. This Agreement provides terms and conditions applicable to your membership in the Program that are in addition to the Terms of Service that you have agreed through becoming a customer of TemplateHoster.com. This agreement is in a section of our Terms of Service and is attached, via hyperlink, to our Terms of Service and by accepting our Terms of Service, you also accept the Agreement and vice versa.

Definitions
Except as may otherwise be defined within the Agreement, the definitions are as follows:

  • "Affiliate Application" means the TemplateHoster.com online Affiliate Application located at our Signup Page (https://www.templatehoster.com/affiliate-signup) that you must complete to be considered for the Program.
  • "Intellectual Property Rights" means any and all now known or hereafter existing rights associated with a Parties' intangible property, including but not limited to registered and unregistered, Canadian and foreign copyrights, trade dress, trade names, trademarks, service marks, corporate names, logos, inventions, patents, patent applications, software, know-how, and all other intellectual property and proprietary rights (of every kind and nature throughout the universe and however designated) relating to such intangible property.
  • "Marks" means those Canadian and/or foreign registered or un-registered trademarks, service marks and logos that are the proprietary intellectual property of a Party, and which are provided to the other Party under this Agreement for the limited purposes of this Agreement.
  • "Net Sales" means the revenue actually received from sale transactions of TemplateHoster.com Services, less any refunds, rebates, returned checks, fraudulent transactions and credit card charge backs.
  • "TemplateHoster.com Links" means the hyperlink(s), and any associated code, made available to the Affiliate by TemplateHoster.com during the term of this Agreement and establish a link from Your Site to Our Site. We may modify and/or update the TemplateHoster.com Links during the Term in Our sole discretion.
  • "TemplateHoster.com Services" means Hosting services, domain name registration, Web presence, online marketing, e-mail, and other products and services that TemplateHoster.com may offer from time to time on the TemplateHoster.com Web Site and make available through the Program via the TemplateHoster.com Affiliate Marketing Pages.
  • "TemplateHoster.com Web Site" or "Our Site" means the Web site located at http://www.templatehoster.com Web site.
  • "New Affiliate Marketing Pages" means the Web pages located at www.templatehoster.com or any successor Web site.
  • "Your Marketing Channels" means (a) Your Site, (b) your communications targeting your customer and non-customer opt in list, and (c) any other Web sites or marketing channels identified by you and approved by TemplateHoster.com in writing.
  • “Successful Signup” or “Successful Referral” means an individual or organization who you have referred to TemplateHoster.com through our Affiliate Program structure (links, banners and other approved methods which can be tracked by us) who have signed up with TemplateHoster.com’s web developing – hosting services for a minimum of one year contract at a minimal of $49.95 per month
  1. Term of the Agreements:
    • The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
  2. Modification:
    • We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
  3. Enrolment in the Program:
    • To enrol in the Program, you must submit a properly completed Affiliate Application. By submitting the Affiliate Application, you agree to be bound by the terms and conditions outlined in this Agreement if Your Affiliate Application is accepted by TemplateHoster.com. We will evaluate your Affiliate Application and will notify you of your acceptance or rejection via email in a timely manner. We may reject your Affiliate Application for any reason in our sole discretion.
  4. Licensed Content and TemplateHoster.com Links:
    • As a Affiliate, we may make available to you logos, trade names, trademarks, and marketing material, including, but not limited to, marketing creative, graphics, banners, and TemplateHoster.com Links and (collectively "Licensed Content") for your use in promoting the TemplateHoster.com Services. The Licensed Content may change from time to time in our sole discretion. You shall use the Licensed Content in accordance with the License Grant set forth in Section 4(b) below.
      • TemplateHoster.com hereby grants to you, and you hereby accept, a non-exclusive, revocable, worldwide, non-transferable, non-sublicensable, royalty free license to use, reproduce, publicly display, transmit, market, promote, and broadcast the Licensed Content for the sole purpose of promoting TemplateHoster.com Services and the Program as described in this Agreement, subject to any style guide or instructions regarding the use or display of the Licensed Content as TemplateHoster.com may provide from time to time. You may not alter, modify or change the Licensed Content without our prior written consent.
      • You acknowledge and agree that when marketing Templatehoster.com’s products and/or services, you must be able to show or prove to us that you are marketing our services in a manner that we deem acceptable. Manners that are not acceptable to market our products and services include, but are not limited to, using adware, spyware, browser helper objects [bho], hijackers, viruses, and Trojans.
  5. Our Responsibilities:
    • We shall provide the technical information to you necessary for you to link Your Site to Our Site, using the appropriate TemplateHoster.com Links, through the TemplateHoster.com Web site and you Client Area. We may provide Web-based reporting of your impressions, click-throughs, Net Sales and Referral Fees. We will process every application for TemplateHoster.com Services placed by a customer following a TemplateHoster.com Link from Your Site, or a link that you have provided another, through non-spamming methods; through email, and will track the number and Net Sales generated by such TemplateHoster.com Link. We will be responsible for credit card authorizations, payment processing, cancellations, renewals and billing and customer support for the TemplateHoster.com Services. We provide technical support to you via your Client Area of our website, or as indicated otherwise from time to time by us. All Customers that purchase TemplateHoster.com Services through TemplateHoster.com Links on Your Site shall be TemplateHoster.com customers for purposes of such TemplateHoster.com Services and we shall own all rights to all customer information and related data collected in connection with such customer relationship.
  6. Your Responsibilities:
      1. You may display Licensed Content that includes TemplateHoster.com Links throughout Your Site in accordance with Section 4 of this Agreement and You are solely responsible for ensuring that the content of Your Marketing Channels, and the products and services that you offer from Your Site, comply with all applicable laws and regulations;
      2. You agree that you will not make any representations and warranties about the TemplateHoster.com Services;
      3. You agree to comply with all Federal, State/Provincial and local laws governing the practice of e-mail marketing. TemplateHoster.com does not condone "spamming" activity. Should you market TemplateHoster.com Services to your customers via e-mail marketing, you are obligated to abide by all laws, and industry best practices including, but not limited to, providing customers with the ability to opt-out of further marketing communications. Further, you agree that should you include TemplateHoster.com Services in any e-mail marketing campaign, you will include the following disclaimer on each such single-subject or multi-subject e-mail: "This e-mail was not sent by or on behalf of TemplateHoster.com, Inc. and TemplateHoster.com shall not be responsible or liable to any party for its content or method of distribution";
      4. You agree that should you register keywords for paid-inclusion, cost-per-click (CPC) search engine listings for the express purpose of promoting TemplateHoster.com Services, that you (i) will not register any TemplateHoster.com Mark, any character string that is identical or similar to (including misspellings of) any TemplateHoster.com Mark, (ii) will not position yourself in any ad associated with any such keywords as an official, authorized, certified or sponsored TemplateHoster.com Web site, and (iii) will include a prominent reference identifying yourself as a member of the Program;
      5. You agree that should you register domains for the purpose of promoting TemplateHoster.com services, that you (i) will not register any TemplateHoster.com Mark, any character string that is identical or similar to (including misspellings of) any TemplateHoster.com mark. Also, you (i) will not register any domains similar to (including misspellings of) those registered domains that are used by TemplateHoster.com for marketing or operational programs. For example, registering a variation of a TemplateHoster.com registered domain name, in order to capture someone who mis-types the intended domain name, and direct that traffic to TemplateHoster.com with your affiliate tag is a prohibited practice.
      6. You are solely responsible for the development, operation and maintenance of Your Marketing Channels, including, but are not limited to, the technical operation of Your Site and all related equipment, the accuracy and propriety of materials posted on or included in Your Marketing Channels; and, ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal; and
      7. You agree that you will cooperate fully with us in order for you to interface properly with Our Site. You agree to improve and update your interface connection which hosts the TemplateHoster.com Links no less frequently than every nine (9) months, or within five (5) days of a written request by TemplateHoster.com in order to maintain an optimum linking connection. You further acknowledge and agree that TemplateHoster.com is not responsible for the payment of any Referral Fees (as defined below) for sales that it is unable to track as a result of your failure to update your interface connection.
      8. You agree that TemplateHoster.com is not responsible for the payment of any Referral Fees (as defined below) for sales that it is unable to track as a result of any modifications you make to the TemplateHoster.com Links, or for sales by you if you are in breach of this agreement.
      9. You agree that you when engaging in marketing practices for the express purpose of promoting TemplateHoster.com services that you will not infringe on any TemplateHoster.com Marks and you will conduct all marketing activities in a fair, ethical, and legal manner.
    • You acknowledge and agree that:
  7. Commissions:
      1. 1-20 successful sign-ups: 10% of successful referral’s original purchas for duration of that client being a client of TemplateHoster.com
      2. >20 (21 and over) successful signups: 20% of successful referral’s original purchas for duration of that client being a client of TemplateHoster.com – you must maintain 21 or more active signups to qualify for 20% commission rate and should your active referral list drop below 21 as indicated in your Client Area then your commission rate will return to 10% commission rate
      3. Commission is paid only for recurring monthly or yearly purchases and do not necessarily include one time purchases on Setup Fee, which is determined by TemplateHoster.com
    • We will pay you a net sales commission based on the following structure:
  8. Commission Payment:
    1. Commissions deemed due and owed to you under the program will be paid to you directly by TemplateHoster.com after any holding period and in accordance with a regular payout cycle established by TemplateHoster.com. TemplateHoster.com reserves the right to only pay for referrals that are active. Active is defined by clients with a website and domain name pointed to a TemplateHoster.com server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link.
    2. Commission will first be applied against affiliate’s account with TemplateHoster.com, should affiliate also be client of TemplateHoster.com
  9. Spyware:
    • We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.
  10. Spam:
    • Under no circumstance do we condone the use of spam. We adhere to the definition of spam as found at http://www.spamhaus.org/definition.html. Under their definition of spam - "the word spam as applied to email means Unsolicited Bulk Email. Unsolicited means that the Recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. A message is spam if only it is sent both unsolicited and in bulk." You must not use spam in your affiliate efforts in relation to TemplateHoster.com.
  11. Confidentiality:
    • Confidential Information. The Parties acknowledge that by reason of their relationship under this Agreement, they may have access to and acquire knowledge from, material, data, systems and other information concerning the operation, business, projections, market goals, financial affairs, products, customers and Intellectual Property Rights of the other Party that may not be accessible or known to the general public ("Confidential Information"). Confidential Information shall include, but not be limited to, (i) the terms of this Agreement, (ii) any and all information regarding any software utilized by each Party to create, operate or maintain any of its web sites, and (iii) any information which concerns technical details of operation of any of TemplateHoster.com Services offered hereunder.
  12. Limitation of Liability:
    • We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
  13. Independent Investigation:
    • YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
  14. Arbitration:
    • Except for injunctive relief for violations of Section 11 regarding Confidential Information, any and all controversies, claims and disputes arising out of or relating to this Agreement, or the construction, interpretation, breach, termination, enforceability or validity thereof whether such dispute is based upon statute, tort, contract, common law or otherwise, and whether such dispute existed prior to or arises after the date of this Agreement shall be settled by arbitration pursuant to the Arbitration Act, 1991, S.O. 1991, c. 17 (as amended), of Ontario, Canada or any successor legislation thereto. The arbitration proceedings shall be filed and conducted in Owen Sound, Ontario, Canada. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This Agreement shall be governed by, construed under and enforced in accordance with the substantive laws, as opposed to the laws of conflict, of the Province of Ontario, Canada.

1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.

2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

3) Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

4) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

5) Miscellaneous: Except for injunctive relief for violations of Section 14 regarding Confidential Information, any and all controversies, claims and disputes arising out of or relating to this Agreement, or the construction, interpretation, breach, termination, enforceability or validity thereof whether such dispute is based upon statute, tort, contract, common law or otherwise, and whether such dispute existed prior to or arises after the date of this Agreement shall be settled by arbitration pursuant to the Arbitration Act, 1991, S.O. 1991, c. 17 (as amended), of Ontario, Canada or any successor legislation thereto. The arbitration proceedings shall be filed and conducted in Owen Sound, Ontario, Canada. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This Agreement shall be governed by, construed under and enforced in accordance with the substantive laws, as opposed to the laws of conflict, of the Province of Ontario, Canada.

6) Spyware: We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions.

7) Spam: Under no circumstance do we condone the use of spam. We adhere to the definition of spam as found at http://www.spamhaus.org/definition.html. Under their definition of spam - "the word spam as applied to email means Unsolicited Bulk Email. Unsolicited means that the Recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. A message is spam if only it is sent both unsolicited and in bulk." You must not use spam in your affiliate efforts in relation to TemplateHoster.com.

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