Terms of use for affiliates
Affiliate Terms and Conditions of Use
I. PARTIES TO THIS AGREEMENT
II. PURPOSE OF THE MEMBERSHIP PROGRAM
III. RIGHTS AND OBLIGATIONS OF THE AFFILIATE
⦿ You are only allowed to open and manage one affiliate account; odd accounts will be closed at our sole discretion.
⦿ You are required to register and maintain accurate and truthful contact information with OpenZone.
⦿ You are solely responsible for the development, operation and maintenance of your site and all materials appearing on your site and at your own expense.
⦿ You are obligated to ensure that all materials posted on your site are not defamatory or otherwise unlawful or infringe the intellectual property rights of others.
⦿ You understand and agree that since we have no control over your site, we disclaim any responsibility for matters posted, hosted or distributed through your site, even if it includes promotional materials from OpenZone affiliates.
⦿ You are obligated to provide, to the best of your ability, the correct and latest information regarding the advertised service. By this, you agree that the use of template content, including but not limited to reviews, comments and ratings, is against the principle of advertising correctness.
⦿ You will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys’ fees) related to the development, operation, maintenance and content of your site. This indemnification provision is without prejudice to our separate action or claim against you under applicable laws.
⦿ The Federal Trade Commission (FTC) requires that connections between advertisers and endorsers be conspicuously disclosed. Blogs, websites, ratings and reviews sites and the like must disclose the compensation arrangement with the advertiser. As such, you must state the financial relationship between you and OpenZone in a prominent place on your websites to comply with the FTC. OpenZone reserves the right to temporarily or permanently close your affiliate account if it is determined that you are not in compliance with applicable FTC regulations. OpenZone will be the sole arbiter as to what constitutes non-compliance.
⦿ We reserve the right to request additional information on all channels used to promote OpenZone services. Failure to provide accurate information may result in loss of commissions, suspension of affiliate account or permanent exclusion from the program.
⦿ Affiliate materials may not be placed within unsolicited email, unauthorized postings in newsgroups, or chat rooms, or through the use of “bots”. Illegally generated traffic will not be counted and may result in termination of your affiliate account with us.
⦿ You will not knowingly benefit from known or suspected traffic not generated in good faith, whether or not it actually causes harm to OpenZone. In the event that fraudulent activity arises through a person directed to a site through your link, we reserve the right to retract commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to withhold all amounts due to you under this Agreement if we have reasonable grounds to believe that such traffic was caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold affiliate commissions with respect to such.
⦿ You are obligated to act to the best of your ability to refer customers in good standing.
IV. CUSTOMER IN REGULAR SITUATION
⦿ Hosting account owner who has provided complete and valid information during the signup process.
⦿ Customer has not been flagged for fraud review or high risk of fraud.
⦿ The customer has signed up for OpenZone Hosting services intentionally and independently.
⦿ The customer has used his/her own personal or company credit/debit card or PayPal account.
⦿ A customer who has agreed to all Terms of Service during the sign-up process and has not intentionally or unintentionally violated any policies related to the general and hosting related terms of service.
⦿ Commissions generated by referred customers who are not considered to be in good standing may be rejected. OpenZone reserves the right to determine which sale meets these requirements.
V. ADVERTISING METHODS AND AFFILIATE GUIDELINES
No podrá modificar ni utilizar para ningún otro fin los derechos de propiedad intelectual, banners u otro material creativo suministrado por nosotros sin el consentimiento previo por escrito de OpenZone. Todos los avisos de derechos de autor o de propiedad intelectual sobre cualquier material suministrado o aprobado por OpenZone deben permanecer y no ser modificados o eliminados. The look and feel and syntax of hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of OpenZone.
By agreeing to participate in the OpenZone Affiliate Program, you agree to download banners, text or promotional material and place it on your website, use it within an email, do direct marketing using your affiliate URL or print it. These are the only approved methods by which you may advertise OpenZone products and services.
OpenZone será el único árbitro en cuanto a lo que constituye una venta no conforme y podrá rechazar una comisión si tenemos motivos razonables para creer que el método publicitario utilizado es inadecuado. OpenZone considera inapropiados los siguientes métodos de publicidad y se rechazarán las comisiones generadas a través de uno de los siguientes métodos:
⦿ Unsolicited mass mailing campaigns, spam or any illegal method of advertising.
⦿ Use of pay-per-click, pay-per-action, pay-per-impression, pop-up/under, link exchange/banner or similar campaigns that use OpenZone’s name, trademark or other phrases containing OpenZone or misspelled variations of the OpenZone trademark or link directly to OpenZone’s website.
⦿ Savings campaigns advertising vouchers, coupons, cash back offers, discount codes or other financial incentives.
⦿ Any sales generated through cloaking, masking, iframe, or any other techniques other than actual click-through methods of affiliate links/banners, not explicitly permitted by OpenZone, will be considered inappropriate.
⦿ Your site may not contain illegal or pornographic material. Your site may not engage in racial, religious or any other type of discrimination, nor promote violence towards any gender, religion or race.
⦿ Sites involved in the distribution of illegal or copyrighted materials may not participate in the OpenZone affiliate program.
⦿ The domain name of the affiliate site may not contain the word “OpenZone” or misspelled variations of OpenZone in any form.
⦿ Advertising pages may not advertise coupons, vouchers, cashback offers, discount codes or other financial incentives in the metadata, title, description and URL. The use of the following words in the URL, title, metadata and page description is prohibited: “coupon”, “discount”, “offer”, “promo or promotion”, “cashback”, “% off or OFF %” OpenZone may reject commissions generated through pages/sites/domains that attract traffic solely on the basis of financial incentives without creating real user value and useful resources.
⦿ Referral of family members and close relatives is considered a referral and not an affiliate sale. Affiliates may be compensated for such sales only as part of our Referral Program with up to 3 months of free hosting on a standard shared hosting package without the option to take advantage of any active promotions or additional free services.
⦿ Advertising through social media profiles such as Facebook, Twitter, Google+, LinkedIn, to name a few, containing OpenZone, OpenZone.info, “OpenZone” or any other misspelled variation of OpenZone in any form.
⦿ OpenZone reserves the right to decide whether the advertising method used is appropriate. Even if the method used is not included in the above list, OpenZone may decide that it is inappropriate on a case-by-case basis.
Paid Search Policy
1. You are prohibited from competing with or interfering with OpenZone’s direct mail efforts.
2. You agree not to use, advertise or otherwise promote any OpenZone trademark in the headline or description copy associated with pay-per-location search engines or paid search engine advertising.
3. You are prohibited from bidding on any OpenZone Trademark or any variation or misspelling thereof without OpenZone’s prior written approval. This means, among other things, that Affiliate will not bid (with respect to online advertising, including but not limited to Pay Per Click or Pay Per Impression campaigns) on any keywords or phrases containing OpenZone trademarks, service marks, trademarks or registered URLs, or any variations, abbreviations or misspellings thereof. Examples of prohibited keywords are “OpenZone”, “OpenZone”, “OpenZone.info”, “www.OpenZone.info”, “Open Zone”, “OpenZone reviews”, “OpenZone host”, “OpenZone hosting” and “OpenZone Comment”.
4. Bidding on keywords containing OpenZone trademarks plus an additional term such as [OpenZone coupons], [OpenZone offers] and [OpenZone promotions] is prohibited. In addition, Affiliates are NOT allowed to match any of these keywords.
5. Outperforming OpenZone’s internal paid search ad on any of the keywords is prohibited.
6. It is prohibited to link directly to OpenZone.info or any subdomain thereof from any paid search advertisement.
7. Using OpenZone.info or any variation, abbreviation or misspelling as a display URL is prohibited.
Unsubstantiated claims
OpenZone is not responsible for any loss of funds invested in paid advertising campaigns that have generated commissions that do not comply with our Terms of Service and that have been sequentially rejected according to these same terms.
2. OpenZone is not responsible for the payment of any advertiser fees, including any fees charged by Google Ads, Microsoft Advertising, DuckDuckGo, for you to receive Commissions.
3. You are bound by the following rules when bidding on keywords on any paid search engine or social networking site, including but not limited to Google, Yahoo/Bing, DuckDuckGo, Twitter and Facebook.
VI. MONITORING METHOD
VII. COMMISSIONS AND PAYMENTS
⦿ There has been a successful purchase of one of the following products by customers, referred to the OpenZone site via an affiliate link: Shared Hosting Packages; VPS/CLOUD Hosting Packages or Dedicated Servers.
⦿ The purchase has not been cancelled, reversed or revoked/refunded within 45 days by the customer or by us and the account is active at the time of payment.
⦿ The customer has been active at least once since the day of account creation and has actually used the hosting service.
⦿ The customer has created useful, consistent and meaningful content targeted to actual visitors. An exception will be systems made for internal use and the development of applications that do not necessarily need a website to function.
⦿ The client has not used the hosting service solely to create SEO oriented content, a traffic funnel network or a click generator.
⦿ The customer has not infringed any copyright laws.
⦿ The client has not used modified existing content, scraped content or existing content translated from another language without explicit permission, added value and the actual purpose of informing visitors about a certain topic.
⦿ All commissions are presented and paid in USD.
⦿ Each affiliate must have at least one commission approved prior to any payment request.
⦿ Commission levels are developed in a fair motivational way, created by the company for affiliates in order to constantly maintain success. Affiliates are entitled to join the default level upon registration and throughout the month they can use all legal sources to improve their performance and reach higher commission levels. The commission levels are level 1 (default), level 2, level 3 and level 4. At the beginning of each month, these levels are reset so that affiliates are automatically added to the default level, unless the validity period is exclusively determined otherwise by OpenZone in an additional agreement.
⦿ Switching from one commission level to another can only be done within a single campaign.
⦿ Commissions generated at one level are not updated to the next level, but only new commissions are counted for the new level.
⦿ All commissions are manually approved and paid to affiliates upon payment request if the commissions meet all conditions of these Terms of Service. Commissions do not automatically expire after 45 days. Commissions are reviewed after at least 45 days from the day of purchase, but also according to the schedule and workload of the affiliate department.
⦿ A valid commission is considered a one-time purchase made by a new customer and not on an existing customer or a subsequent renewal order. Only commissions with APPROVED status are paid to the affiliate and OpenZone is the only instance of approval.
⦿ The customer you refer has not previously used our services or signed up for an affiliate account with us before.
⦿ The customer completed their order processes without any assistance from you, even when you act on the customer’s behalf.
⦿ Commissions can only be paid through PayPal. In order for payments to be made through PayPal, you must provide us with the necessary information when you register.
⦿ OpenZone reserves the right to freeze any commission for the period of time necessary for such commission to be proven to be in compliance with our terms, at our own discretion, without giving any explanation or justification.
⦿ OpenZone reserves the right to refuse any sale at our discretion, without giving any explanation or justification.
VIII. MEMBERSHIP AND LEGAL RESPONSIBILITIES
IX. TERMS AND RESOLUTION
⦿ You shall remove the OpenZone banner(s) from your website and disable any links from your website to OpenZone.
⦿ All rights and licenses granted to you in this agreement are immediately terminated.
⦿ You will only be entitled to unpaid referral fees if any earned by you on or before the date of termination.
⦿ If you have breached your obligations and responsibilities, OpenZone reserves the right not to pay you any referral fees otherwise due to you at the time of termination.
⦿ You and OpenZone shall be released from all mutual obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination as set forth in this Agreement. Termination shall not relieve you of any liability arising from any breach of this Agreement that occurred prior to termination.
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