The following terms are applicable to customers that are also affiliates of MyTradeHost, and affiliates who are not customers, but enter into an affiliate agreement described henceforth with MyTradeHost and with written approval by MyTradeHost.

Commissions are only paid on transactions that have remained valid and active on MyTradeHost networks for at least 60 days. For example, commissions earned during January will mature after March. Thus, depending on when your referrals join and when the transactions take place, your payment may take anywhere from 60 days to 90 days to mature and be eligible for payment.

Current MyTradeHost customers are encouraged to participate in the program and refer business to MyTradeHost. However, customers will not receive payment for affiliate transactions associated with their own account or payment method. Or any free or promotional sale items. Customers can refer new customers but will not be compensated if they are attempting to receive a commission on transactions done under any account that they are already associated with or using any of their own payment methods.

The following are specific terms you agree to as a MyTradeHost affiliate, and are bound to for acceptance into the affiliate program. These terms may change at any time for all existing or future affiliate accounts.

Coded URL

Upon your acceptance, MyTradeHost will provide you with a URL coded to specifically identify you, which will allow you to create a link to the MyTradeHost.com web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links.

You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL. You agree that you will notify MyTradeHost if your coded URL ceases to function or ceases to function properly. Under no circumstances will MyTradeHost pay out any commissions to You if your referral does not register and can be tracked through your coded URL.

Tracking

MyTradeHost agrees to track the customers referred to MyTradeHost.com website via the link provided to you for that purpose. MyTradeHost utilizes cookies to maintain tracking information for up to 60 days. MyTradeHost 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. All referrals must be logged by the tracking url and client internet web browser for commission to be earned.

It is important that your referrals use the provided link. Referral claims or claims by more than one affiliate for the same referred customer are determined solely by the referral logs. If the referral is not found in the logs for the affiliate, then affiliate commission shall not be earned or paid out.

Payments

MyTradeHost agrees to pay affiliate commissions upon receipt of all payment requirements to the specified destination which are on file in the Affiliates account. Any and all transaction or payment charges will be paid from the Affiliate account. The affiliate must have a minimum withdrawal amount of $100.00 USD to request a withdrawal from MyTradeHost.

Affiliate Minimum Age

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

Representations

You agree that you will not make any representations, promises, warranties or other statements about MyTradeHost or the MyTradeHost.com web site, products or policies other than as may be expressly approved in writing by MyTradeHost or as other wise provided to you by MyTradeHost for that purpose. You may not misrepresent MyTradeHost or MyTradeHost.com product and services offers including but not limited to features, benefits, pricing, guarantees or warranties.

You may use the coded URL provided by MyTradeHost via the available MyTradeHost.com website or in any other form you wish provided that your use of the URL is not in any way disparaging of MyTradeHost, MyTradeHost.com or otherwise not appropriate or acceptable in MyTradeHost’s sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of MyTradeHost or any other related party. You may not violate the MyTradeHost Terms of Service or any company policies or agreements.

Amendments

You agree that MyTradeHost 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 MyTradeHost.com web site on a periodic basis.

Customers of MyTradeHost

MyTradeHost will have the sole right and responsibility to service all customers secured through your coded URL. All dealings with customers for hosting and related services shall be directly and solely between customer and MyTradeHost. MyTradeHost 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 You, the affiliate. All customers of MyTradeHost, regardless of origin or referral, are the sole property and goodwill of MyTradeHost.

Address Change

You agree to promptly notify MyTradeHost of any change in your mailing address. Any inaccurate address may lead to the termination of your account and forfeiture of your affiliate balance.

Invoices, Debts and Outstanding Balances

If your account(s) with MyTradeHost has outstanding or overdue invoices, debts or any outstanding balances due to products sold to you or services rendered for you or on your behalf or for any reasons whether in writing or verbally, no affiliate commissions will be paid out until you have completely paid your invoices, debts and outstanding balances owed to MyTradeHost. MyTradeHost reserves the right and you agree to without prejudice to apply any of your affiliate commission account balances to your invoices, debts and outstanding balances owed to MyTradeHost without your approval or consideration. Any invoices, debts and outstanding balances owed to MyTradeHost for more than 60 days will nullify and terminate your commission agreement with the Company.

Customer Chargebacks and Refunds

If any customer that you refer charges back or disputes their payments to MyTradeHost, then the commissions related to that customer will be clawed back and deducted from your affiliate account balance. Any refunds to any customer granted for any customer order or payment will be clawed back and deducted from your affiliate account balance.

Commission Rate

Commissions are paid on a recurring basis for each new account purchased via your coded URL subject to the terms and conditions set forth herein. There will be no obligation to pay any other commission. Commissions are also only paid for the product or services purchased upon referral by the coded URL created for your affiliate account, and shall not include new or subsequent products and services from the same customer with the same or different account or purchase.

Affiliate commissions are only paid for “Standard” level dedicated server sales at 5% of the sale of the server, and 5% for VPS server sales of Heavy-Duty or better level VPS editions. 10% and 15% level commissions are conditionally available for higher volume affiliates, upon review and acceptance by our business department (please contact us if you intend to achieve 25 or more active clients to the MyTradeHost Affiliate Program). The commission will be calculated after discounts or promotions to referred customers, and will not include certain add-ons or extras.

“Small” dedicated servers, and special promotion or clearance servers will not payout any commissions. Further, commissions are not paid on any other third-party software, setup or IT services purchased by the customer. Any services or products that MyTradeHost does not specifically identify as paying commissions will not pay out any commissions.

For example, the following types of servers will not pay out any commission for referrals:

MyTradeHost Lite Dedicated edition:

https://mytradehost.com/service/billing/cart.php?a=add&pid=3

————

For example, the following “Standard” level or better dedicated servers will pay out 5% commission:

MyTradeHost Super-VPS edition:

https://mytradehost.com/service/billing/cart.php?a=add&pid=2

MyTradeHost Hyper-1 VPS edition:

https://mytradehost.com/service/billing/cart.php?a=add&pid=59

MyTradeHost Standard Dedicated edition:

https://mytradehost.com/service/billing/cart.php?a=add&pid=4

MyTradeHost Pro Dedicated edition:

https://mytradehost.com/service/billing/cart.php?a=add&pid=6

MyTradeHost Enterprise Dedicated edition:

https://mytradehost.com/service/billing/cart.php?a=add&pid=7

————

For example, Monitoring Services and Failover & Recovery Services will pay out 5% commission:

MyTradeHost Trade Server Monitoring Services:

https://mytradehost.com/service/billing/admin/configproducts.php?action=edit&id=10

MyTradeHost Failover and Recovery Services:

https://mytradehost.com/service/billing/cart.php?a=add&pid=11

————

For example, any product add-ons to servers will NOT pay out 5% commission:

Chicago Area Data Center (Surcharge)
Connecticut Area Data Center (Surcharge)
London (UK) Data Center (Surcharge)
Montreal, Canada Area Data Center (Surcharge)
NYC Area Data Center (Surcharge)
UK Area Data Center (Surcharge)
Software – Microsoft Office 2010
Fully Managed Trading Server (IT Services)

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 365 days from its inception. MyTradeHost 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, charged back or canceled, for any reason, this commission will be revoked and subtracted from any standing or future commissions account balance you may have.

Payment Date

Payments will only be paid once your commissions account balance reaches a minimum level of at least One Hundred Dollars ($100) owed. MyTradeHost shall make no payment to you until this minimum balance is achieved. Commissions will be credited to You 60 days after a sale meeting the minimum level was completed. Commissions are paid within 7 to 30 business days of the payout month.

Payment Form

Commissions can be paid in any of four available methods. Check, Bank Wire, PayPal, Amazon Simple Pay, Google Checkout or Master/Visa Credit Card. You are responsible for any transaction costs, and all transaction costs will be deducted from your balance prior to the payment. If MyTradeHost subsequently incurs any transaction costs, including but not limited to credit card fees, bank fees, charge backs or return fees, then You will be deducted the transaction costs from your Affiliate account or credit card on file.

For example, using PayPal, the affiliate will get a deduction of 2.9% (or more depending on their country and circumstances, and the going-rate at the payment processor or bank) of the total amount plus a flat rate of $.30 per payment; this deduction is similar to a credit card processing fee. For Bank Wire, applicable fees such as $25 for domestic, $35 for international banks apply.

Bank wires and check require a minimum of $500 withdrawal for processing by our billing department.

You will provide the necessary information for each payment method. However, MyTradeHost reserves the right to pay you with any method it deems necessary.

Tax Regulation

Due to the tax laws of the Internal Revenue Service (IRS), the United States Department of Treasury requires that every individual, partnership, corporation or legal entity who is receiving affiliate commissions must submit a completed and signed W8-BEN or W9 form. Before we can conduct affiliate payouts, we must have the completed and signed form in our possession and made available to the IRS.

The W9 form is for US residents whereas the W8-BEN form is for international affiliates. To avoid any delays in your affiliate payments, please submit the appropriate document, properly filled out and signed. You must also get acknowledgement via written email or mail that MyTradeHost received and processed the completed forms. Without written confirmation for your records, you may not consider the tax filing requirement complete.

If you fail to fill out a W-9 or W8-BEN (or any applicable government form), your payout and affiliate balance will become void and forfeit. You further agree that failing to properly fill, provide tax identification, sign and return a requested W-9 or W8-BEN (or any applicable government form) within 30 days of request after notification from MyTradeHost by mail, email, phone or support ticket, you agree to forfeit your commissions, and agree that your affiliate commission balance will be cleared to zero and closed.

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.

Any development or design of marketing or sales materials by MyTradeHost will be the sole property of MyTradeHost.

License

MyTradeHost grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the MyTradeHost logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and MyTradeHost 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 MyTradeHost to the email address provided by you and maintained on file for you by MyTradeHost. You agree to immediately cease the use of any link created by you to MyTradeHost upon request by MyTradeHost to the email address provided by you and maintained on file for you by MyTradeHost.

Termination

q1. Effect upon Commission
Either party may terminate this agreement at any time upon notice in writing to the other party. Other than any MyTradeHost termination of affiliate from breach of agreement, any commission which has become a qualified commission as of the date of such termination will be paid post termination, unless there is invoices, debt or outstanding balances owed to MyTradeHost. Any commission, which is not a qualified commission as of the date of notice of termination, shall not thereafter become a qualified commission.

q2. 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 MyTradeHost termination of this agreement in its entirety.

q3. Suspension
Suspension under this section 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 MyTradeHost will become an immediate termination as of the date of the initial suspension.

q4. Survival
Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. No sections shall survive such termination and remain in full force and effect. MyTradeHost reserves the right to cancel this agreement without notice to you at any time, and without regard to any reason or disclosure to you. This agreement can also change at any time or be terminated in parts or whole without notice to you at any time, and without regard to any reason or disclosure to you.

General Legal Requirements

r1. Authority
Each party represents to the other that it has full binding authority to enter into this affiliate agreement and in the case of any entity other than an individual that the parson assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.

r2. Non-Infringment
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and MyTradeHost 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.

r3. Violation of Law
You vow to uphold the laws of your respective jurisdiction and that you will not violate any applicable law, ordinance, regulation or standard. You understand and accept responsibility to file any necessary paperwork or tax forms with the appropriate parties for any and all payments made as a result of this service and the terms and conditions set forth herein.

r4. Agreement to All 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 MyTradeHost that you agree to be bound by all terms and conditions of this document and any applicable terms and conditions set forth in the MyTradeHost Terms of Service which are incorporated herein as though set forth at length herein.

r5. Unsolicited Email
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and MyTradeHost that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the MyTradeHost Affiliate Program.

r6. Defamation/Libel
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and MyTradeHost that you will not transmit any information which is or might be considered to be defamatory or libelous.

r7. Decency
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and MyTradeHost that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.

r8. Unfair Competition
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and MyTradeHost that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the MyTradeHost Terms of Service.

r9. Damage to MyTradeHost
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and MyTradeHost that you will not take any action that would in any way damage MyTradeHost or otherwise compromise it’s servers or equipment including utilize or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.

r10. No Automatic Links
You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.

r11. Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY MYTRADEHOST PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT MYTRADEHOST 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, MYTRADEHOST DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL MYTRADEHOST BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.

r12. Limitation of Liability
IN NO INSTANCE SHALL MYTRADEHOST 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 MYTRADEHOST 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.

r13. Indemnification
You agree to indemnify, defend and hold harmless MyTradeHost 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 copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence.

r14. Independant Contractors
Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.

r15. Choice of Venue
This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Delaware. Any action to enforce this Agreement shall be dealt with by the appropriate court of competence within Delaware.

r16. 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.

r17. Integration
This agreement constitutes the entire understanding of 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 MyTradeHost on the MyTradeHost.com web site.

r18. Terms of Service Requirement
You also agree that as an affiliate, you must abide by MyTradeHost’s general terms of service agreement for all customers. The terms can be reviewed here: http://mytradehost.com/terms-of-service/

r19. Use Constitutes Full Acceptance and Signature
Your agreement to the terms set forth herein is manifested by any participation in the MyTradeHost 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 MyTradeHost without notice to any other party other than changing the agreement itself made available by MyTradeHost to the affiliates on the MyTradeHost.com web site.