This agreement is entered into by BrickellHost and each of its Affiliate(s). “You”, “Your” refers to each and every affiliate or sub-affiliate of the BrickellHost affiliate program. Participation in the program constitutes full and complete acceptance of the TOS set forth herein.
All affiliates must register on BrickellHosts’ website and be subject for aproval or denial. When affiliate is registered, and applied for BrickellHosts’ affiliate program, that account must be reviewed by a management. Upon your acceptance, BrickellHost will provide you with an affiliate URL to specifically identify you, which will allow you to create a link to the BrickellHost 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.
BrickellHost agrees to track the customers referred to BrickellHost via the link provided to you for that purpose. BrickellHost utilizes cookies to maintain tracking information for up to 30 days. BrickellHost 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.
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 BrickellHost affiliate program does not violate any law, ordinance, regulation or standard.
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 BrickellHost if your affiliate URL ceases to function or ceases to function properly.
You agree that you will not make any representations, promises, promotions, warranties or other statements about BrickellHost or the BrickellHost website, products or policies other than as may be expressly approved in writing by BrickellHost or as otherwise provided to you by BrickellHost for that purpose.
Affiliates are not allowed to promote BrickellHosts’ services, brand, website or any other service as their own business in their own name.
Affiliates are not allowed to advertise on BrickellHosts’ brand keywords. Affiliates are not allowed to target BrickellHost coupon keywords. Violations may result in the invalidation of referral commissions and/or immediate termination of the affiliate account. BrickellHost will be the sole arbitrator as to what constitutes a violation.
You may use the affiliate URL provided by BrickellHost via the available BrickellHosts’ Link Library (affiliate dashboard area) or in any other form you wish provided that your use of the URL is not in any way disparaging of BrickellHost or otherwise not appropriate or acceptable in BrickellHosts’ sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of BrickellHost or any other party. You may not violate the BrickellHost Master Service Agreement.
You agree that BrickellHost 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 BrickellHost website on a periodic basis. All changes, amendments, and modifications of the TOS shall be effective as of the date posted on the BrickellHost website and You agree that You shall be bound by all such changes, amendments and modifications of the TOS effective upon posting.
Customers of BrickellHost
BrickellHost 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 BrickellHost 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 BrickellHost, regardless of origin or referral, are the sole property and responsibility of BrickellHost.
Federal Trade Commission Regulations
The Federal Trade Commission (FTC) requires that connections between advertiser and endorsers 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 BrickellHost in a prominent location on your websites in order to be in compliance with the FTC. BrickellHost 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 FTC regulations. BrickellHost will be the sole arbitrator as to what constitutes non-compliance.
Commissions are paid on a one-time basis for each new customer that signed up via your affiliate URL subject to the terms and conditions set. There will be no obligation to pay any other commission. Commissions vary in amount. Exact commission rates based on the number of referrals within a given calendar month and are available on our website – https://brickellhost.com/affiliate-program
NO COMMISSIONS WILL BE CREDITED FOR THE FOLLOWING ADDITIONAL SERVICES:
Commissions are paid on new accounts only (current or previous customers of the company are not eligible) and not on any subsequent renewal or subsequent signups of a referred customer. You will not receive any commission for referring yourself to BrickellHost. A commission is not finalized until it becomes a Qualified Commission, even after the payment of a commission has been made.
A “qualified commission” is when a new account has remained in good standing active service for at least 30 days from the date of signup. Qualified commissions are those on active accounts for at least 1 year signed up terms. Monthly sign up term (month to month) it is not qualified for commission. BrickellHost 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 or canceled, for any reason, this commission will be revoked and subtracted from any standing or future commissions account balance you may have.
Payments will only be paid once your commission’s account balance reaches the minimum payment threshold ( $50 ). BrickellHost shall make no payment to you until this minimum balance is achieved. Commissions are not paid until a payout request is submitted by you via the BrickellHost support forum. If You fail to properly submit a payout request within one (1) year of the date upon which your Qualified Commission accrued and became payable, You will forfeit such Qualified Commission and You hereby agree to release BrickellHost from all liability for payment of any such forfeited commissions.
Commissions can be paid through a PayPal payout or a service credit on your BrickellHost web hosting account.
For payments to be made through PayPal, you must provide us with your affiliate username and your PayPal ID/Email. This information should be provided to BrickellHost through your account – https://my.brickellhost.com/submitticket.php by opening a ticket with our Affiliates department.
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.
BrickellHost grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit BrickellHosts’ logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and BrickellHost to accomplish the purpose and intent of this affiliate agreement. You may also use the links and images located in your affiliate dashboard area 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.
Effect upon Commission
Either party may terminate this agreement at any time upon notice in writing to the other party. Any commission, which is not a qualified commission as of the date of the notice of termination, shall not thereafter become a qualified commission.
Suspension under this paragraph 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 BrickellHost will become a termination as of the date of the initial suspension.
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY BrickellHost PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT BrickellHost 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, Brickell Host DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL Brickell Host BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
Your agreement to the terms set forth herein is manifested by any participation in the BrickellHost 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 BrickellHost without notice to any other party other than changing the agreement itself made available by BrickellHost to the affiliates on the BrickellHost website.