This Affiliate Program Agreement (this "Agreement", "Affiliate Agreement", "Terms and Conditions", "Affiliate Terms and Conditions", "Affiliate Agreement") is entered into by and between Hostinger International Ltd, a Cyprus private limited company ("Hostinger Brasil") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of the Affiliate Program (the "Affiliate Program" or the "Services"). Your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged and agreed to be bound by this Agreement, along with Hostinger Brasil's Universal Terms Of Service Agreement, which is incorporated herein by reference. The terms "we", "us" or "our" shall refer to Hostinger Brasil. The terms "you", "your", "User", "customer" or "Affiliate" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Hostinger Brasil, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Hostinger Brasil website (this "Site"). You acknowledge and agree that (i) Hostinger Brasil may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Hostinger Brasil may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current. Hostinger Brasil assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
In order to enroll in the Affiliate Program, you need to submit your application through the affiliate signup form on the ("Hostinger Brasil") website (the Website). All affiliate signups are reviewed by us before deciding if an application is accepted. If we determine that your application is not suitable for the Affiliate Program, it may be rejected for any reason.
As a ("Hostinger Brasil") Affiliate you agree that:
If ("Hostinger Brasil") suspects or detects a patterns of violations of the Affiliate Terms and Conditions, ("Hostinger Brasil") reserves the right, as a result of Terms and Services violation, to suspend and/or terminate your Affiliate account and cancel all commission payments due.
Only promotional materials that are approved by ("Hostinger Brasil") may be used in the Affiliate’s Site in order to advertise ("Hostinger Brasil"). Approved promotional materials refer to the materials that are provided in your Affiliate Area. Approved promotional materials may contain ("Hostinger Brasil") trademarks, service marks, logos and slogans for you to display on your Affiliate Website. By signing this agreement we grant you a non-exclusive, limited and non-transferable license to access, download and place the approved promotional material on your website with the sole purpose to promote websites operated, controlled and owned by ("Hostinger Brasil").
If by the decision of any party the Affiliate Agreement is terminated, upon termination your non-exclusive, limited and non-transferable license to access, download and place the approved promotional materials of ("Hostinger Brasil") will be immediately and automatically withdrawn.
Inappropriate ways of advertising include, but are not limited to:
("Hostinger Brasil") shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due.
We track affiliate sales automatically by using cookies. The cookies are automatically placed in the browser of user who clicks on the affiliate link in order to reach our website. Every cookie is stored for 60 days. If a previous affiliate’s cookie is already placed in the same user’s browser it will be overwritten with the new cookie. If cookies are deleted intentionally by the user, ("Hostinger Brasil") does not hold responsibility for this action.
("Hostinger Brasil") pays you a per-sale commission for every valid sale that you refer to our website. The sale is valid only if ALL of the following conditions are true:
Without providing any explanation or justification, ("Hostinger Brasil") remains the right to mark any referral payment as invalid at our own discretion.
("Hostinger Brasil") will pay all affiliate commissions in the currency and based on the structure described in the Affiliate sign-up page, unless a custom agreement in writing has been made with an affiliate. Any commissions will be paid out after at least 35 days from the day that a valid sale was made. ("Hostinger Brasil") remains the right to extend the holding period without prior notice for as long as it is reasonably necessary in order to validate a sale or as described in Terms and Conditions of this Agreement.
We process commision payouts once per month in the minimal value of $75. Affiliate commissions are paid out via Paypal and you are solely responsible for any transactional fees that may apply, unless you have a custom Affiliate Agreement with ("Hostinger Brasil") in writing.
You are fully responsible of keeping ALL your account details and personal information, such as name, email address, payment information, etc., up to date. If your personal/account details are not up to date we will suspend any commission payouts until we’re provided with accurate information. Suspended commissions payouts can be claimed in a period of six months from the original date they we’re supposed to be claimed.
Your commissions may be suspended at any time and for any period if any fraudulent or improper activity of any kind is suspected or a potential violation of this Agreement by your referred clients or you is suspected.
For any sales that are questionable, fraudulent or canceled, ("Hostinger Brasil") reserves the right to deduct from your future and current commissions paid out. In case no future or current commissions are due, ("Hostinger Brasil") will send you a bill for the balance of the refunded purchase upon the termination of the program or termination of the referred client account.
We will provide you with commissions statement due in your Affiliate Area.
If it is applicable in your country of residence, self-billing invoices will be issued for all commission payouts with applicable taxes included. Until the termination of your account, the Affiliate Program Terms and Conditions will be considered a valid self-billing agreement between ("Hostinger Brasil") and you. By signing up for this Affiliate Agreement you agree and accept self billing invoices that will be raised by ("Hostinger Brasil"), you agree to raise no sales invoices for any commission payouts that you receive from ("Hostinger Brasil") and agree on notifying us immediately if you change your company details, name or tax region status.
Both the Affiliate and ("Hostinger Brasil") agree that they are entering into this Affiliate Agreement as independent contractors and this agreement creates no partnership, agency franchise, joint venture, sales representative or employment relationship between them. You have no authority to accept or make any representations or offers on the behalf of ("Hostinger Brasil"). You cannot make any statements on your website or otherwise that would contradict anything in this section.
At any time you can cancel and terminate your affiliate account by contacting us through the Affiliate Area. ("Hostinger Brasil") will send you a confirmation that your account has been terminated, as requested.
("Hostinger Brasil") can terminate an affiliate account:
After an affiliate account is terminated, the sales associated with the affiliate will no longer be tracked by us and you will no longer qualify for any future commissions. If any commissions are due at the time of termination, they will be paid to the Affiliate after any applicable holding period with the regular payout cycle. No outstanding commission payments will be due if your account is terminated due to the violation of these Terms and Conditions and an administrative fee of 125 USD (or the equivalent in the currency that is listed in your Affiliate Area) will be due by the Affiliate.
Once the Affiliate account is terminated, the Affiliate is obliged to remove any and all promotional materials, links, logos, trademarks, and slogans of ("Hostinger Brasil") from his website within the period of 3 business days. This provision survives the termination of the Affiliate Agreement. Upon the termination of this Affiliate Agreement, the Affiliate no longer has the right to use any of ("Hostinger Brasil") trademark(s), logo(s), and slogan(s) and will refrain from any actions that may affect the reputation, the image and any business relations with current and potential clients of ("Hostinger Brasil"), directly or indirectly.
Once the Affiliate account is terminated, this Affiliate Agreement is terminated automatically.
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE ONE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
This provision survives the termination of the Affiliate Agreement.
Any controversy, claim or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation where the ("Hostinger Brasil") entity servicing your Affiliate account is located.
We remain the right to change any policies or terms of this Affiliate Agreement. The amendments and/or supplements of the Agreement are effective immediately upon being posted to ("Hostinger Brasil") website. The current Terms and Conditions of the Affiliate Agreement are always available publically on ("Hostinger Brasil")’s website. If by any means you do not agree with the amendments and/or supplements of the Affiliate agreement, you can cancel your account within 10 business days, counting from the date of the amendments and/or supplements. Only an official ("Hostinger Brasil") officer has the right to make any amendments and/or supplements to this Affiliate Agreement. No agent of, or person employed by or under contract with, ("Hostinger Brasil") has any authority to alter or vary this Affiliate Terms and Conditions Agreement in any way. No oral explanation or oral information given by any party shall alter the interpretation of this Affiliate Agreement.