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Affiliates Terms Of Service

Last Updated: Sunday, February 11, 2024

Affiliates Terms Of Service

The following document outlines the terms by which the MyProjectHost Affiliate Program shall operate. The MyProjectHost Affiliate Program may be referred to as “The Program”, “The Affiliates Program”, or similar. Please note MyProjectHost operates under the umbrella of Techuapps Technologies.

I. Parties to this Agreement

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

2. MyProjectHost Responsibilities

A. Affiliate Account

Upon joining the program, MyProjectHost will create an affiliate account which affiliates may access through a specified link. The account is established to enable MyProjectHost’s affiliates to manage their work effectively as our affiliate.

B. Affiliate ID & General Affiliate Link

Upon creation of your affiliate account, MyProjectHost will provide a unique Affiliate ID. This ID distinguishes you from other affiliates and is integral in generating your General Affiliate Link. An affiliate link is a URL used in marketing that facilitates the tracking of clicks by MyProjectHost and its Affiliates. MyProjectHost provides a General Affiliate Link by default, enabling immediate sharing, and affiliates are also permitted to create custom affiliate links within their affiliate account.

Guidelines for acceptable use of your affiliate link and/or general affiliate link are detailed later in this document.

C. Tracking

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

3. Affiliate Responsibilities

A. 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 MyProjectHost affiliate program does not violate any law, ordinance, regulation or standard of India.

B. 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 MyProjectHost at support@myprojecthost.com if your affiliate URL ceases to function or ceases to function properly.

C. Representations

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

D. Affiliate Code of Conduct

As a participant in the MyProjectHost 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. MyProjectHost, Inc, the owner of the affiliate program, reserves the right to decline any commission earned through such fraudulent activity. As a MyProjectHost 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 MyProjectHost – Terms of Service or approved in writing by the MyProjectHost team;
  3. Disparage MyProjectHost and its representatives, the Services, or the Program;
  4. Use any illegal or spam method of advertising;
  5. Compete or interfere with MyProjectHost’s direct advertising efforts. From time to time, MyProjectHost may opt to engage in direct online advertising. The Affiliate shall not place advertisements targeting MyProjectHost’s trademarks and service marks or place advertisements that in any way advertise or display MyProjectHost’s trademarks or service marks. This means, among other things, that the Affiliate shall not bid on any keywords or phrases containing MyProjectHost trademarks, service marks, registered trademarks, or registered URLs, or on any variations, abbreviations, or misspellings of the same.
  6. Refer traffic to MyProjectHost 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 MyProjectHost on websites and/or networks not explicitly mentioned in your Account;
  9. Display MyProjectHost.com, “MyProjectHost”, MyProjectHost’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. MyProjectHost will be the sole arbitrator as to what constitutes a violation.

E. Link

You may use the affiliate URL provided by MyProjectHost 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 MyProjectHost or otherwise not appropriate or acceptable in MyProjectHost’s sole opinion and judgment. You may not violate any copyright, trademark, or other intellectual property rights of MyProjectHost or any other party. You may not violate the MyProjectHost Master Service Agreement.

F. Amendments

You agree that MyProjectHost 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 MyProjectHost website on a periodic basis. All changes, amendments, and modifications of the TOS shall be effective as of the date posted on the MyProjectHost website and You agree that You shall be bound by all such changes, amendments and modifications of the TOS effective upon posting.

G. Customers of MyProjectHost

MyProjectHost 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 MyProjectHost 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 MyProjectHost, regardless of origin or referral, are the sole property and responsibility of MyProjectHost.

H. Federal Trade Commission Regulations

In addition to the rules set forth in this agreement, Affiliates agree to adhere to rules set forth by the Indian legal system, specifically rules that apply to affiliate marketing.

These rules ultimately boil down to being honest in your marketing while also disclosing that You may collect affiliate payment for purchases made as a result of links on your website. The specific language for these rules follows:

As required by Indian law, connections between advertisers and endorsers must be conspicuously disclosed. Blogs, websites, ratings and review sites, and similar must declare the compensation arrangement with the advertiser. As such, you must declare the financial relationship between you and MyProjectHost in a prominent location on your websites in order to be in compliance with Indian regulations. MyProjectHost retains the right to withhold payout amounts of money and/or cancel your affiliate account should it be determined that you are not in compliance with applicable Indian regulations. MyProjectHost will be the sole arbitrator as to what constitutes non-compliance.

IV. Commissions

A. Commission Rate

Commissions are paid on a one-time basis for each new customer that signs up via your affiliate URL, adhering to the terms and conditions outlined herein. There are no obligations for additional commission payments. Commission amounts vary, depending on the number of referrals within a given calendar month and the maturation of the order. Detailed commission rates based on these criteria can be found within your affiliate account or at https://myprojecthost.com/affiliate-program/.

No Commissions Will Be Credited For The Following Additional Services:

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

Commissions are applicable only for new accounts (excluding current or previous customers of MyProjectHost) and do not apply to any renewals or subsequent sign-ups of a referred customer. Self-referrals to MyProjectHost will not earn commissions. A commission is considered final only when it qualifies as a ‘Qualified Commission’, even if the payment has already been processed.

B. Qualified Commission

A commission is deemed ‘qualified’ when the new account, which is the subject of the commission, remains continuously in good standing for at least 45 days from its inception. MyProjectHost will determine if a commission meets this criterion. If an account related to a paid commission is terminated or canceled for any reason, the commission will be revoked and deducted from your future or existing commission balance.

C. Payment Date

Payments are made only after your commission account balance reaches the minimum threshold of INR 500* (approx. $6.2). MyProjectHost will not issue payment until this threshold is met. Commission payments are processed only upon your request submitted via the MyProjectHost affiliate control panel. If you fail to submit a payout request within one year from the date your Qualified Commission accrues and becomes payable, you forfeit that commission, absolving MyProjectHost of any liability for its payment.

*See section D. Payment (below) for exceptions to the minimum payment threshold.

D. Payment

Payment requests are processed on-demand. Requests for commission payouts must be made through the “Payouts to Me” section of your affiliate portal, accessible at https://affiliates.myprojecthost.com/affiliates/panel.php.

Payment methods include:

  • PayPal – requiring your PayPal details linked to your Affiliate Account.
  • Account Credit – applicable if you are also a MyProjectHost customer, allowing for credit against your hosting account.
  • Wire Transfer/ACH – subject to the following:
    • A minimum payment threshold of INR 85,00 (approx. $100 USD).
    • All associated fees are borne by the Affiliate.
    • Necessary bank details and personal identification information must be provided.

When requesting payment, you must include your Affiliate ID, chosen payment method, and the payment amount. You also agree to bear any fees associated with receiving your affiliate payment.

E. Qualification for Payment

In compliance with Indian tax laws, Affiliates must provide necessary documentation as a prerequisite for commission receipt from MyProjectHost.

Affiliates are responsible for any tax payments or fees incurred from commission earnings. MyProjectHost may withhold or cancel commissions if the required documentation is not provided.

F. Alternative CPA (Cost Per Action)

At the discretion of MyProjectHost, an alternative CPA may be offered in lieu of a standard Commission. This is not a guaranteed option and must be mutually agreed upon in writing by both the affiliate and MyProjectHost.

The alternative CPA is currently set at INR 1,875 (approx. $25 USD) per sale. The value and continuation of this arrangement can be modified by MyProjectHost at any time.

Sales under the alternative CPA are classified as ‘Alternative Sales’ and do not qualify as ‘Qualified Sales’. Such sales are ineligible for Bonus Commissions or any rewards linked to Qualified Commissions or Sales.

V. Ownership and Licenses

A. Property Ownership

Each party to this agreement retains all rights, titles, and interests in their respective names, logos, trademarks, service marks, trade dress, copyrights, and proprietary technology. This includes, without limitation, those assets currently used or which may be developed and/or used by them in the future. In the context of Indian law, these rights are protected and governed by the relevant intellectual property laws of India.

B. License

MyProjectHost grants to you, as an affiliate, a revocable, non-exclusive, worldwide license to use, reproduce, and transmit the MyProjectHost logos, trademarks, and service marks on your site – and exclusively on your site – for the sole purpose of creating a link between your site and MyProjectHost. This is in line with fulfilling the objectives of this affiliate agreement. You are also permitted to use the links and images provided in the link library created for this specific purpose, under the same terms and conditions. Any use, reproduction, transmission, copying, distribution, alteration, or modification of MyProjectHost’s intellectual property is strictly prohibited unless expressly authorized. This license is subject to Indian copyright laws and is neither assignable nor transferable.

C. Cease Use Upon Demand

In compliance with Indian law and the terms of this agreement, you agree to immediately cease the use of any MyProjectHost mark upon receiving a request from MyProjectHost to your registered email address, “support@myprojecthost.com“. This also includes ceasing the use of any link created by you to MyProjectHost upon their request, communicated via the aforementioned email.

VI. Termination

A. Effect upon Commission

Either party may terminate this agreement at any time, provided written notice is given to the other party. In accordance with Indian law, any commissions earned and qualified as of the date of such termination will be duly paid post-termination. Commissions not qualified as of the termination date will not be eligible for payment thereafter.

B. Breach of Agreement

Any breach of this agreement, whether intentional or unintentional, is grounds for immediate suspension or, at the sole discretion of MyProjectHost, termination of the agreement in its entirety. This includes any violation of the terms as per Indian legal standards and practices.

C. Suspension

Suspension, as used in this agreement, refers to the withholding of all commission payments, whether qualified or otherwise, until the breach is remedied. Failure to cure the breach within a reasonable timeframe, as determined by MyProjectHost and by Indian legal standards, will result in termination of the agreement as of the initial suspension date.

D. Survival

Upon termination of this agreement, all rights and licenses granted under this agreement are immediately revoked. Notwithstanding the termination, Section VII shall survive and remain enforceable under Indian law.

VII. General

A. 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.

B. Non-Infringement

You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and MyProjectHost 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.

C. Violation of Law

You vow to uphold the laws of India 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.

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

E. Unsolicited Email

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

F. Defamation/Libel

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

G. Decency

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

H. Unfair Competition

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

I. Damage to MyProjectHost

You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and MyProjectHost that you will not take any action that would in any way damage MyProjectHost 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.

J. No Automatic Links

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

K. Coupon and Reviews Websites

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

L. Warranty Disclaimer

You acknowledge and agree that any services or materials provided by myprojecthost pursuant to this agreement are provided as is, with all faults and as available, and that myprojecthost 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, myprojecthost disclaims all warranties of merchantability or fitness for a particular purpose and non-infringement. In no event will myprojecthost be liable to you for any service failure, disruption, downtime or incorrect linkage under this agreement.

M. Limitation of liability

In no instance shall myprojecthost 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 myprojecthost 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.

N. Indemnification

You agree to indemnify, defend and hold harmless MyProjectHost 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 copyrighted materials, License violation, domain misuse, trademark misuse or any active or passive negligence.

O. Independent Contractors

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

P. Choice of Venue

The internal laws of India will govern the validity of this agreement, the construction of its terms, and the interpretation of the rights and duties of the participating parties. Any party may seek to enforce its rights under this agreement in any court of competent jurisdiction located within India.

Q. 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. In such cases, the remaining provisions will continue to be valid and enforceable under the laws of India.

R. Integration

This agreement constitutes the entire understanding between the parties and revokes and supersedes any and all prior agreements. It is intended to be a full and complete expression of the agreement between the parties. Any modifications to this agreement must be made in writing, with changes posted as a new agreement by MyProjectHost on the MyProjectHost website. This ensures clarity and transparency in all revisions and updates in accordance with Indian legal standards.

S. Use Constitutes Full Acceptance and Signature

Your agreement to the terms set forth herein is manifested by any participation in the MyProjectHost 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 MyProjectHost without notice to any other party, other than by updating the agreement available to affiliates on the MyProjectHost website. All participants are deemed to have consented to these terms through their continued involvement in the program, in compliance with Indian legal practices.

For further information or assistance, please contact us at support@myprojecthost.com.

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