The MyHost Affiliate Program allows affiliates to generate commissions by referring customers to the MyHost website through a link or a banner on their websites. Referrals will be counted whenever the customer completes a purchase of a web hosting account with MyHost.
BY EITHER SUBMITTING AN APPLICATION TO JOIN, OR BY PARTICIPATING IN THE MYHOST AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE MYHOST TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
MyHost reserves the right to terminate you from the affiliate program should you be found to be in violation of these terms and conditions.
- "Affiliate" “You” “Your”- Refers to the business, individual, or entity applying to or participating in the Affiliate Program, or that displays MyHost’s products and services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from MyHost for sales directly resulting from such display.
- “We”, “Our’, or “Us” - Refers to the MyHost company as a whole.
- "Affiliate Site" - The Affiliate's website(s) which displays MyHost’s Products and Services and/or promotions"
- "MyHost’s Products and Services" - Web hosting and related products and services that are available for purchase from MyHost.
- "Commission Fees" - The amount you will be paid for each Qualified Purchase by a Referred Customer that you refer to MyHost subject to the Commission Threshold and pursuant to the terms of this Agreement.
- “Commission Threshold” - The amount of Commission Fees an Affiliate must accumulate prior to receiving a payment from MyHost.
- "Qualified Purchase" - A sale of MyHost product(s) on which affiliate commissions are payable, made by MyHost to a Referred Customer.
- "Referred Customer" - Each new and unique customer who is referred via an affiliate link, and who provides valid account and billing information.
B. Affiliate Obligations and Restrictions
- The affiliate is required to disclose their affiliate relationship with MyHost on their website, and wherever else they display or offer their Affiliate Link to potential MyHost customers.
- The affiliate is required to provide correct payout details and make sure he/she is able to accept payments from MyHost.
- The affiliate agrees that he/she will comply with all local, state, and federal laws concerning the sending of emails, data and privacy security.
- The affiliate is not allowed to use masking or cloaking to hide the affiliate links to our website.
- The affiliate is not allowed to use domain forwarding to our website with an affiliate link.
- The affiliate may not claim that MyHost provides services or resources not listed on MyHost’s website.
- The affiliate agrees that any websites or other content used for affiliate marketing and/or linking to MyHost’s website does not and will not contain forbidden, discriminatory, or explicit content material infringing trademarks of a third party, or material that is alarming or offensive.
- The affiliate agrees not to bid for the term "MyHost" or “My Host” for PPC (pay-per-click) advertisements or search results.
C. Order Processing
- MyHost will only process orders placed by Referred Customers through MyHost’s main online ordering process.
- We reserve the right, in our sole discretion, to not approve orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfilment, including MyHost’s services, cancellation, processing, refunds and payment processing will be our responsibility.
- We will track the Qualified Purchases generated via your Affiliate Link and will make this information available to you through our website.
- To permit accurate tracking, reporting, and commission threshold, you must ensure that the Links between your website and our website are properly formatted.
D. Tracking Cookies
- When a potential MyHost customer clicks on an Affiliate Link, a tracking cookie will be stored by the web browser. The tracking cookie will have a validity of 3 months. During those 3 months if the potential MyHost customer clicks on a different Affiliate Link while using the same web browser, a new cookie will not be placed and the original cookie will be retained. After 30 days have passed the original tracking cookie will expire and a new cookie will be placed if the potential MyHost customer clicks on any Affiliate Link.
- Tracking cookies are stored by individual web browsers. If a potential MyHost customer clicks on different Affiliate Links using different web browsers, each web browser will store a tracking cookie associated with the Affiliate Link that was accessed within that web browser. At signup, the Referred Customer will be assigned to the Affiliate whose Affiliate Link is identified by the tracking cookie stored by the web browser used by the Referred Customer to sign up.
- The affiliate is not allowed to use any techniques that set the tracking cookie without the user actually clicking on the referral link.
- The affiliate is responsible for making sure that their links are working correctly after making any changes to them. Referral fees may not be paid for tracking errors caused by editing, masking, redirecting, or tampering with affiliate links, as determined at the sole discretion of MyHost.
E. Qualified Purchase
- A Qualified Purchase is applicable to new customers brought to our service through the affiliate link. Qualified Purchases must be made through MyHost’s main online ordering process.
- Existing clients who have logged in to MyHost’s site are not counted as a Qualified Purchase.
- Any attempt by an Affiliate to manipulate, falsify or inflate the Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud MyHost, or any violation of the terms of this Agreement, constitutes immediate grounds for MyHost to terminate the Affiliate's participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
F. Commission Fees
- Commission Fees are a set percentage of the price paid by a Referred Customer for their Qualified Purchase.
- Commission fees are payable for up to three years (36 months).
- Commission fees are paid only after each invoice payment made by the Referred Customer to MyHost. If the Referred Customer stops paying for a product or service, MyHost stops paying commission on that product or service.
- Commission fees are calculated as a percentage of each qualified purchase: 15% for Email Hosting, 10% for Web Hosting (including WordPress Hosting and Website Builder), and 5% for Virtual Private Servers and Dedicated Servers.
- Percentages are based on the product price excluding GST.
- In the event of possible credit card fraud or high cancellation rates, MyHost reserves the right to hold commissions for up to 100 days.
- MyHost reserves the right to deduct referral commissions paid out for fraudulent or refunded sales from the affiliate’s current and future commissions.
- The commission fees offered by MyHost may change at any time without prior notice.
G. Recurring Commission
- For hosting accounts with annual billing, affiliates will receive commission for each recurring renewal up to the third billing period for that account.
- For hosting accounts with monthly billing, affiliates will receive commission for each recurring renewal up to the 36th billing period for that account.
H. Commission Payment
- Commission fees can be paid out to the affilate only if the affiliate has a balance of at least NZ$25.
- Affiliates are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with the participation in our Program. MyHost will not withhold any taxes of any kind from any Commissions received by the affiliate.
I. Endorsement & Data Security Compliance
- All MyHost Affiliates are bound to comply with applicable laws, regulations and guidelines concerning advertising and marketing within New Zealand or the territory on which the affiliate resides, including but without limitation to, the Federal Trade Commission (FTC) Endorsement Guides and General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”).
FTC Endorsement Guides
- FTC requires that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of MyHost’s Products and Services must visibly disclose the fact that you receive compensation for Referred Customers.
General Data Protection Regulation (GDPR)
MyHost respects the right to privacy of customers and visitors of this site and is committed to protecting it. Under GDPR, affiliates are called data subjects, while MyHost serves as data controllers. The regulation requires data controllers to implement technical and organizational measures to data subjects regarding data security. We have a few processes in place that affiliates can make use of or follow:
- We will collect personal information about our affiliates during the registration process, which may include but is not limited to: affiliate's full name, postal address, phone and fax number, email address. This type of information allows us to keep in touch with the affiliates regarding commission payouts and any other services performed by MyHost or by the affiliate. The affiliate can ask us to delete personal information we store by emailing email@example.com.
- The affiliate can access, correct or update most information by themselves through the MyHost Affiliate profile and can request our assistance by emailing firstname.lastname@example.org.
- The affiliate can opt-out of any marketing material we send by clicking the ‘Unsubscribe’ link present in any marketing related emails.
- The affiliate can ask us to give the personal data we store in a transferrable way by emailing email@example.com.
- We will respond to all requests we receive within 30 days, but usually much faster. We will also clearly explain what we can or can’t do for you and why. For EU citizens we also suggest becoming familiar with your rights under GDPR.
J. Relationship of Parties
- The relationship between you and MyHost is solely that of independent contracting parties. Nothing in this Agreement creates any agency, joint venture, partnership, franchise, or other form of joint enterprise, employment, or trust-based relationship between us.
- Neither MyHost nor you have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party.
- Any Affiliate who violates this Agreement, MyHost’s Terms and Conditions, or any applicable law will immediately forfeit any right to any and all accumulated, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.
- You agree to defend, indemnify, and hold harmless MyHost (and each of our owners, officers, directors, employees, agents, contractors, licensors, and affiliates) (collectively the “MyHost Indemnitees”) from and against any and all losses, costs, expenses, damages, injuries, and/or liability of any kind, including attorney’s fees, that a MyHost Indemnitee may incur or suffer as a result of any claims, suits, proceedings, or investigations asserted or commenced by any third party, which arise out of or are in any way connected with (a) your participation in the Program; (b) Affiliate Websites or Promotional Content; (c) your breach or alleged breach of these Terms; or (d) your violation or alleged violation of any law or the rights of another.
- We reserve the right, in our sole discretion, to direct any action or proceeding, including selection of counsel, and determine whether we wish to settle it, and if so, on what terms, in which event you will cooperate with us in asserting any available defences.
- Each Affiliate has access to MyHost’s Affiliate Program statistics and agrees to file any disputes within forty-five (45) days after the end of the month in which the sale or event that is disputed occurred.
- Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by MyHost and Affiliate forfeits permanently any rights to a potential claim.
N. Limitation Of Liability
The MyHost Affiliate Program is provided on an "as is" and "as available" basis and use of the Service is at your own risk. MyHost makes no representations or warranties, either expressed or implied, with respect to the commission fees or any information provided through the program. MyHost is not responsible for any damages, injury or economic loss arising from the use of the content provided by MyHost.
For greater certainty and without limitation to the generality of the following:
- In no event will MyHost be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the affiliate program or in connection with your website or any other services or products provided to you;
- MyHost, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from enrolling into the Affiliate program or the Site;
- In no event shall MyHost be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your websites, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
- In no event will MyHost’s total liability arising out of or in connection with these terms exceed the amount of your earned and unpaid commissions.
- The exclusions and limitations of liability and damages set forth above are fundamental elements of the basis of the bargain between MyHost and you, as an affiliate.
O. This Agreement
- These Terms and Conditions, as may be updated from time to time and posted at myhost.nz/affiliate-program-terms represent the complete agreement and understanding between MyHost and you, the affiliate, with respect to the Affiliate program.