HostZyro Affiliate Terms & Conditions
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at firstname.lastname@example.org
HostZyro Affiliate Manager
Please Read The Entire Agreement.
This Is A Legal Agreement Between You And HostZyro.
By Submitting The Application You Are Agreeing That You Have Read And Understand The Terms And Conditions Of This Agreement And That You Agree To Be Legally Responsible For Each And Every Term And Condition.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in HostZyro’s Affiliate Program. Please note that throughout this Agreement, “we,” “us, “our” and “company” refer to HostZyro or any of our affiliate; parent; or group companies and our successors and assigns, as the case may be, and “you,” “your,” and “yours” refer to the affiliate. HostZyro means, collectively, the www.hostzyro.com website, the HostZyro mobile website and the HostZyro mobile applications.
- Affiliate Obligations
Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, you have to be 18 years or above to enrol in this Program. To begin the enrolment process, you will complete and submit the application at the HostZyro Office. We will evaluate your application in good faith and will notify you of its acceptance or rejection. The fact that we approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that you are unsuitable for our Program. As a member of HostZyro’s Affiliate Program, you will have access to affiliate.hostzyro.com. Here you will be able to review our Program’s details and previously-published affiliate newsletters.
- HostZyro Rights and Obligations
HostZyro reserves the right to terminate this Agreement and your participation in the HostZyro Affiliate Program immediately and without notice to you, should you commit fraud in your use of the HostZyro Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, HostZyro shall not be liable to you for any commissions for such fraudulent sales. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder. Management Decision Shall Be Final.
- Identifying Yourself as an Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. You may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause). Any such activity will lead to suspension of your account and/or withholding of payment of any accrued and future commissions as being in violation of this Agreement.
- Referral Fees
We will pay you referral fees on certain Product sales to third parties. We will only pay referral fees on eligible Products after order and full payment. We will not be liable for paying referral fees on purchases that are not correctly reported. We will not, however, pay referral fees on any Products that are renewed. In addition, we will not pay referral fees for any purchases made by our present customers.
- You are only eligible to earn Commission Fees on Qualified Purchases occurring during the term and only for unique customers, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not cancelled and comply with all Terms laid out in this Agreement.
- We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Company in its sole discretion.
- Any Affiliate who violates either this Agreement or Company’s Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Company Affiliate Program.
- Without limitation, Affiliate’s participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate’s violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
- Referral Fee Schedule
During each calendar month, for Qualifying Products sold you will earn (subject to the other terms of this Agreement) referral fees in accordance with the “Fee Structure” described.
Fee Structure: Subject to the other terms of this Agreement, you will earn a percentage of Qualifying Revenues (revenues derived by us from customers as a result of sales of Qualifying Product units sold, taxes separately stated and charged to the customer, service charges, rebates, credit card processing fees, returns and bad debt) set forth.
- Referral Fee Payment
We will pay you referral fees on a monthly basis for Qualifying Products in the applicable month. Approximately 45 days following the end of each calendar month, based on the payment mode/ option selected by you in your Affiliate Account, we will either:
- Send you payments via Electronic Funds Transfer (EFT) we will accrue and withhold referral fees until the total amount due is at least INR 1,000.
- If you select payment via cheque, we will accrue and withhold referral fees until the total amount due is at least INR 15,000 (subject to all the necessary documents having been submitted by the affiliate to HostZyro for processing payments through EFT)
Documents required for EFT payments are as follows:
- Scanned Copy of cancelled cheque (same Bank details as mentioned in the Affiliate Account). In case you do not have a cheque, you can send us the scanned copy of the first page of your passbook. However, the IFSC code and the Bank account number should be clearly mentioned on it.
- Scanned Copy of your/ company PAN card (same name with which you have registered for the Affiliate Account).
Also, if you have registered as an ‘Organisation’ in the affiliate account, the following 2 additional documents are required:
- Scanned Copy of your Incorporation Certificate (same company name with which you have registered for the Affiliate Account)
- Scanned Copy of your Service Tax Registration Certificate (same company name with which you have registered for the Affiliate Account)
Please ensure that all details match with the details mentioned in your Affiliate Account.
Please note that the referral fees will be processed as per the payment mode / details mentioned by you in your affiliate account (‘My Account’ section) as on the 1st of every month. In case you change your payment mode / details after the 1st of the month, the new payment details will be applicable from next month’s payment cycle.
The referral fee payable to you is exclusive of all taxes including GST or other tax or levy that you may be required to remit in connection with such services. If required by applicable Indian tax law, we may deduct or withhold income taxes from the referral fees payable to you. If you are an Indian resident, your referral fees payable to you will be subject to income tax (TDS) withholding (as per section 194(H) of Income Tax Act) subject to providing the PAN; and in case if there is no PAN, referral fees would be subject to a 20% income tax (TDS) withholding. If you are not an Indian resident or have not provided us your PAN (Permanent Account Number), the rate of income tax withholding applicable to you will vary and income tax would be withheld from the referral fees accrued to you on the basis of documents submitted by you which are required as per the provisions of Income Tax of India. If we deduct or withhold income taxes from referral fees payable to you, we will issue to you the relevant withholding tax certificate evidencing deposit of the taxes with the relevant regulatory authorities. If you provide us with a nil or reduced withholding tax certificate, we will apply such nil or reduced tax rate as the applicable withholding tax rate on referral fees payable to you. You hereby agree that you will not pursue any claim against HostZyro or any of its affiliates, and hereby waive all such claims you may now or in the future have, in respect of any income taxes HostZyro deposits with a relevant taxing authority pursuant to the this Operating Agreement.
- Policies and Pricing
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, your site may only show prices when we serve the link in which those prices are displayed. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
- Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email and all other anti-spam laws.
- Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of all links to the HostZyro Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and HostZyro’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in HostZyro’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
- Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this clause.
- Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the HostZyro Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors
- Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our office solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of HostZyro’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of HostZyro and the good will associated therewith will inure to the sole benefit of HostZyro. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
Any dispute relating in any way to the Program or this Agreement will be adjudicated in courts in Mangaluru (Karnataka) and you hereby consent to exclusive jurisdiction and venue in those courts. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
You hereby agree to indemnify and hold harmless HostZyro, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to you, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
- Force majeure
Neither party shall be held liable for a Force Majeure Event. If a party believes that a Force Majeure Event has occurred, such party shall immediately inform the other party of the start and end of the Force Majeure Event. Notwithstanding the other provisions of the present Terms, each party shall be entitled to terminate the Contract without liability to the other by written notice to the other party in the event that the performance of the Contract is impeded for more than 6 months due to a Force Majeure Event.
Note: ‘Force Majeure Event’ means an event beyond the reasonable control of either party, including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
- Non competence clause
The affiliate specifically agrees that for a period of 5 years after the termination of the agreement, the affiliate will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as are performed by the Company and its subsidiaries in any business within a 100 Kms radius of the Company and within a State where the Company has offices.
- The Company reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to the affiliate and the Company shall not be liable to the affiliate or any third party for any modification to or discontinuance of these Services.
- The Company shall be free to provide its Services to third parties whether during or following the provision of the Services to the affiliate.
- Term of the agreement would be valid for 12 months from the date of approval of the application. And shall be Auto-Renewed on Management’s Discretion.
- If any term of these Terms is found illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining Terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining Terms which shall continue in full force and effect and be binding on the parties to the Contract.
- Any valid alteration to or variation of these Terms must be in writing signed on behalf of each of the parties by duly authorized officers.
- A person who is not a party to the Contract shall not have any rights under or in connection with it.
- All notices must be in writing to HostZyro, Opp ICAI Bhawan Alape Padil Mangalore – 575007, or such address as is advised by the Company.
- This Agreement will be governed by the laws of the Indian Republic, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
By registering I/We acknowledge that I/We have fully read and understood the Terms and Conditions. And I/We shall abide by all the Terms and Conditions Stated Above.