To join THEWORLDOFHOST.COM LTD Affiliate Program and to become an Affiliate of THEWORLDOFHOST.COM LTD websites, you must first read the following terms of the Affiliate Agreement.
If you accept those terms, you may click the "I Accept Terms & Conditions" button at the end of the terms and you will then have the opportunity to fill out an Affiliate Application Form and submit it to THEWORLDOFHOST.COM LTD.
The application will be evaluated by THEWORLDOFHOST.COM LTD and in THEWORLDOFHOST.COM LTD sole discretion we will either accept or reject your application. After evaluation we will notify you of our decision and if we reject your application, please feel free to reapply at any time subsequently.
This Agreement is made between THEWORLDOFHOST.COM LTD (owner of The World of Host.com) (registered as a THEWORLDOFHOST.COM LTD Limited under Registration No. 6878920, a company incorporated in England and Wales) whose registered address is at 16 waterbeach road, Slough, ("THEWORLDOFHOST.COM LTD") and you, the Affiliate, and sets out the terms and conditions under which THEWORLDOFHOST.COM LTD shall allow you to establish a link to the The World of Host.com websites and act as an Affiliate in relation to the Merchants (as defined below).
This is a Legal Agreement between you, the Affiliate, and THEWORLDOFHOST.COM LTD. By registering to become an affiliate of THEWORLDOFHOST.COM LTD you are acknowledging that you have read and understood these terms and you agree to be bound by them. If you do not wish to be bound by them, please do not register for the program and you will not then have the opportunity to become a member of the THEWORLDOFHOST.COM LTD Affiliate program.
How the Terms in this Agreement should be defined.
means the site operated by the Affiliate, notified to THEWORLDOFHOST.COM LTD and linked to the THEWORLDOFHOST.COM LTD Website in accordance with the terms of this Agreement via the Link.
means a payment dispute initiated by the cardholder with their credit card issuing bank. The amount of the disputed transaction is withdrawn from the merchant's bank account. For this agreement the term ChargeBack also refers to a refund obtained by the customer within 7 working days (of the date of delivery if the products or, in relation to the purchase of services, of conclusion of the contract for the supply of those services) due to the Distant Selling Regulations.
means the activation of the Link between the Affiliate Website and the Merchant Website and/or the use of Banners and/or Advertising Material on the Affiliate Website by the Affiliate and any other activity authorised in writing by The World of Host from time to time to promote the Merchants Products and/or to drive web traffic from the Affiliate Website to the Merchant Website via the Link.
Reference to any gender shall include all genders. Words indicating a person shall include bodies of persons whether corporate or incorporate.
Reference to any statute or statutory provision includes a reference to the same as from time to time amended, extended, re-enacted or consolidated and all subordinate legislation made pursuant to it and including any other similar legislation in any other jurisdiction provided that either party's liability is not increased and/or its rights under this Agreement materially altered by such amendment, extension, re-enactment or consolidation.
Any reference in this Agreement to a Clause or Schedule is to a clause or schedule of this Agreement and any reference to a paragraph is to the paragraph of the Schedule in which the reference is made unless otherwise stated.
The headings of this Agreement shall not affect its construction or interpretation.
You may apply to be an Affiliate by accessing these terms and completing the online form.
If and when the Affiliate is accepted into the THEWORLDOFHOST.COM LTD Affiliate Program it is the Affiliate's sole responsibility to ensure that THEWORLDOFHOST.COM LTD is kept informed of any changes to the information provided by the Affiliate at all times during this Agreement.
Approval and acceptance of an Affiliate is at the sole discretion of The World of Host.com LTD and The World of Host.com LTD reserves the right to refuse applications. The Affiliate hereby consents to THEWORLDOFHOST.COM LTDusing the Affiliate's details and Personal Data for the purposes of carrying out any checks that it considers to be necessary to confirm the identity of the Affiliate, its suitability for (and the suitability of the Affiliate Website) for the THEWORLDOFHOST.COM LTD Affiliate Program and any other matter which is connected to the Affiliate's application and, where subsequently accepted by THEWORLDOFHOST.COM LTD, is connected to its activities and role as a THEWORLDOFHOST.COM LTD Affiliate.
By submitting the application form the Affiliate agrees to the terms of this Agreement. THEWORLDOFHOST.COM LTD shall consider the Affiliate's application. The Affiliate at time of registration will choose and register with THEWORLDOFHOST.COM LTD the Affiliate's login and password which will enable the Affiliate to gain access to that resource area of THEWORLDOFHOST.COM LTD Website that is dedicated to the Affiliate (defined as "the Affiliate's Resource Area"). On the Affiliate's registration and access to the Affiliate�s Resource Area the Affiliate will be invited to read the Commission Levels set out therein. The Affiliate must notify THEWORLDOFHOST.COM LTD immediately after registration if it does not agree to the Commission Levels specified otherwise the Affiliate will be deemed to have accepted the terms of this Agreement including the Commission Levels and the Agreement shall be binding upon the Affiliate and THEWORLDOFHOST.COM LTD.
The Affiliate hereby warrants that they have all rights, permissions and competencies to enter into this Agreement.
THEWORLDOFHOST.COM LTD grants the Affiliate a non-exclusive non-transferable, royalty free licence to use the Licensed Rights and the Link and to promote itself under and by reference to the designation "The World of Host Affiliate" subject to and in accordance with the terms of this Agreement and the Use Policy, for the sole purpose of carrying out the Promotion Activities in relation to the Merchants via the Affiliate Website.
Any and all proposed marketing activities, materials, literature and/or website content comprising, using or referring to the Licensed Rights must be approved in writing by an authorised representative of THEWORLDOFHOST.COM LTD prior to its use. The Affiliate shall notify THEWORLDOFHOST.COM LTD of any changes to the circumstances giving rise to such approval.
All data supplied via the Link either to or from the Affiliate and/or the Affiliate Website and all Intellectual Property Rights in the same, and any and all goodwill generated by the Affiliate's use of the Licensed Rights shall accrue to and belong to THEWORLDOFHOST.COM LTD.
The link which THEWORLDOFHOST.COM LTD will provide for the Affiliate from the Merchant Website when approved by Merchant identifies the linked site as the Affiliate Website. It is the Affiliate's sole responsibility to ensure that this unique link is used and maintained as otherwise Commission that might have been earned by the Affiliate may not be tracked, recorded and/or paid. THEWORLDOFHOST.COM LTD is not liable for any Commission lost, or unearned or unpaid resulting from the failure to use or maintain the unique link.
The Affiliate must update the content of the Affiliate Website as and when the Advertising Material and/or Use Policy is updated to maintain consistency and accuracy between the Affiliate Website and the The World of Host Website. All maintenance and updating of the Affiliate Website is the sole responsibility of the Affiliate.
The Affiliate agrees that THEWORLDOFHOST.COM LTD is entitled to monitor the Affiliate Website to make sure the Link to the Merchant�s Website and/or the Affiliate Website and/or the Affiliate's participation in the THEWORLDOFHOST.COM LTD Affiliate Program are appropriate. If in the sole discretion of THEWORLDOFHOST.COM LTD, THEWORLDOFHOST.COM LTD considers the Link and/or the Affiliate Website or the Affiliate's participation in the program is not appropriate THEWORLDOFHOST.COM LTD may either notify the Affiliate of the changes it requires the Affiliate to make or terminate this Agreement in accordance with clause 8.
The Affiliate undertakes to comply with all requirements under the DPA or similar or subsequently relating to any Personal Data which is processed, collected, maintained, deleted or transferred to THEWORLDOFHOST.COM LTD or any third party by the Affiliate concerning customers, potential customers or any other aspect of the Affiliate's role and obligations under this Agreement.
The Affiliate shall provide clear and unambiguous notice to visitors to its website that it may earn a commission for recommending Merchants� Products on its website(s). In this regard, the Affiliate must ensure that its website(s) shall display the earnings disclosure badge in the manner prescribed on http://www.affiliatedisclosure.com/best-practice.php (as amended from time to time).
The Affiliate shall ensure that it provides clear and comprehensive information about the use of tracking technology. Further, it shall ensure that it has obtained consent from visitors to its website(s) to such use of the technology.
The Affiliate shall ensure that it operates its website(s) in accordance with applicable legislation, including the Consumer Protection from Unfair Trading Regulations 2008, the Electronic Commerce (EC Directive) Regulations 2002 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (all as amended from time to time).
The Affiliate undertakes not to use any of the content of any websites owned and/or operated by THEWORLDOFHOST.COM LTD or the Merchant without TTHEWORLDOFHOST.COM LTD or the Merchant�s prior written consent and the Affiliate shall not frame any pages or parts of any pages of the Merchant�s Website or any other website nor will the Affiliate create the impression that the Affiliate Website is Merchant�s Website or any part of Merchant�s Website.
any domain name comprising any Merchant�s Product name, trade mark or similar either in whole or in part unless specifically approved and authorised in writing by THEWORLDOFHOST.COM LTD.
any activities which involve generating or utilising traffic sources from any form of Spyware, Adware, or Parasiteware applications or involve the use of the practice known as cookie stuffing or similar or which in effect cause a Transaction to result from any illegitimate or unauthorised means. For the avoidance of doubt THEWORLDOFHOST.COM LTD considers and the Affiliate agrees that the use of any such unauthorised means is a fundamental breach of the terms of this agreement incapable of remedy and TTHEWORLDOFHOST.COM LTD shall be entitled to terminate this Agreement in accordance with clause 8(c)(i).
In accordance with clause 6(b)(vi) above the Affiliate shall not create or attempt to create a Transaction by any other means than that permitted in this Agreement or the Use Policy. The Affiliate shall not attempt to use any device, program, code or other technology which is intended to create a Transaction which is not in good faith. All Transactions shall be made by THEWORLDOFHOST.COM LTD and subject to the Merchant�s terms of sale.
The Affiliate agrees not to make any representations and/or give any warranties and/or guarantees relating to the Merchants� Products and/or their efficacy other than those given by Merchant in respect of the Merchants� Products from time to time and/or as otherwise approved by Merchant in writing.
The Affiliate agrees not to encourage or facilitate any dishonest or illegitimate practice amongst its customers including but not limited to the claiming of refunds for Merchants� Products of a satisfactory quality (resulting in a satisfactory product being obtained by a customer for free) which has as its objective an increase the number of Transactions and accordingly the value of Commission the Affiliate earns.
The Affiliate agrees not to ping THEWORLDOFHOST.COM LTD or Merchant servers or undertake any activity that may be considered "cookie stuffing".
The Affiliate agrees not to purchase Merchants� Products under its own name or any other by its Link or otherwise with the purpose of re-sale of the Merchants direct to its customers unless specifically approved and authorised in writing by THEWORLDOFHOST.COM LTD. The Affiliate agrees not to undertake any activity which would amount to the re-sale of Merhcants Products. If the Affiliate purchases Merchants� Products then any Affiliate Commission will be revoked, as will all bonuses due.
THEWORLDOFHOST.COM LTD shall pay the Commission in relation to all validated Transactions at the Commission Levels specified in the Affiliate's Resource Area and THEWORLDOFHOST.COM LTD reserves the right and Affiliate agrees that THEWORLDOFHOST.COM LTD shall be entitled to vary such Commission Levels in accordance with clause 7(b) at any time.
The World of Host shall vary the Commission Levels at any time under this Agreement to reflect increases in the costs of applicable materials, labour, other overheads, fluctuations in taxes and duties currency and exchange rates and any other relevant and applicable costs suffered by THEWORLDOFHOST.COM LTD from time to time.
Payment of the Commission shall be made twice each calendar month subject to the Affiliate having duly accrued the agreed minimum payout in Commission and shall amount to the total Commission for the previous month less all taxes which THEWORLDOFHOST.COM LTD may be required in law to withhold or deduct and/or any other deductions permitted pursuant to this Agreement. Any amounts under the agreed minimum payout threshold shall be rolled on to the next payment period. Payment will commence the month after the agreed minimum payout is reached.
Example: Join date, 1st of January, between the 1st of January and the 15th of January $234 in commission was earned. This will be paid on the last working day in February. Subsequent periods are paid in arrears. Payout are due to be sent out on the 15th and the last workingday of each month.
Payment of Commission is subject to THEWORLDOFHOST.COM LTD having been paid by the Merchant or any relevant third party processor in relation to the relevant Transaction.
If, following a Transaction, any form of ChargeBack is made to THEWORLDOFHOST.COM LTD by or on behalf of any customer, third party processor, credit card company or banking institution, no Commission is payable in relation to such Transaction and if THEWORLDOFHOST.COM LTD has already paid the Affiliate Commission on such Transaction TTHEWORLDOFHOST.COM LTD may deduct an amount equal to such Commission from the next payment of Commission due to the Affiliate, or where no further Commission is due, THEWORLDOFHOST.COM LTD shall raise an invoice for such amount and this shall be paid by the Affiliate to THEWORLDOFHOST.COM LTD within 30 days of the invoice date.
No Commission shall be payable to the Affiliate for any customers or transactions secured otherwise than in accordance with the terms of this Agreement and /or for any customers or transactions which are not genuine or which involve use of fraudulent means including but not limited to any of those methods set out at clause 6 above and if Commission has been paid to the Affiliate before THEWORLDOFHOST.COM LTD becomes aware of circumstances giving rise to this clause, the provisions of clause 7(e) shall apply to enable THEWORLDOFHOST.COM LTD recovery of all Commission paid to the Affiliate for customers or transactions referred to in this clause.
No Commission shall be payable to the Affiliate for any customers or transactions which occur by visits made to the THEWORLDOFHOST.COM LTD Website by a link which is not the Link and/or by visits made to the THEWORLDOFHOST.COM LTD Website otherwise than via the Link even if those customers have followed the Link previously unless they followed the Link within the requisite number of months prior to the transaction as notified to the Affiliate on THEWORLDOFHOST.COM LTD Website Affiliate's Resource Area.
Reissuing THEWORLDOFHOST.COM LTD payments that were lost due to Affiliate are subject to extra charges. No payments shall be reissued to Affiliate if payment is claimed after 6 months from date it was issued.
THEWORLDOFHOST.COM LTD can withhold Commission if they believe the Affiliate may be creating transactions which are not genuine or involved in fraudulent means including but not limited to those methods set out at clause 6 above.
THEWORLDOFHOST.COM LTD will enforce the right to deduct any unclaimed Affiliate Commissions should they become inactive, an inactive affiliate is somebody who has not generated a single validated Transaction within a twelve month period and who has a balance of less than the agreed minimum payout.
This Agreement shall commence on the Commencement Date and shall continue unless and until the Agreement is terminated in accordance with this Clause 8.
Either Party may terminate this Agreement on 14 days prior written notice to the other Party.
breaches the terms of this Agreement (and if remediable the breach has not been remedied within 14 days of receiving notice requiring it to be remedied). For the purposes of this Agreement any use of the Licensed Rights other than in accordance with this Agreement any breach of clause 5 and any breach of clause 6 shall be breaches which are not capable of remedy and shall entitle THEWORLDOFHOST.COM LTD to terminate this Agreement with immediate effect.
When this Agreement ends any Commission due to the Affiliate at the time of termination will be paid at the end of the month following termination subject to any set-off, counterclaim or deduction THEWORLDOFHOST.COM LTD may have and any amount due to THEWORLDOFHOST.COM LTD from the Affiliate shall be paid within 30 days of termination of this Agreement.
Termination of this Agreement shall not affect any rights of the parties accrued up to the date of termination and clauses 6(a), 6(c), 7(d), 7(e) 8(d), 9, 11, 12, 13 and 14 shall survive expiry or termination of this Agreement.
any representation made other than in accordance with the Product Information provided to the Affiliate in the Affiliate's Resource Area.
business interruption, loss of business, loss of contracts, loss of opportunity and/or production.
THEWORLDOFHOST.COM LTD total Liability to the Affiliate in connection with this Agreement shall not exceed in any 12 month period the Commission paid by THEWORLDOFHOST.COM LTD to the Affiliate under this Agreement in the same 12 month period. For the purpose of this clause the relevant 12 month period means the 12 months immediately prior to the first act/omission giving rise to the Liability.
Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of: except the clause above placing financial caps on THEWORLDOFHOST.COM LTD Liability which shall be deemed to apply once only to cover all of the said types of Liability.
Nothing in this Agreement shall exclude or limit the Liability of either party for death or personal injury due to its negligence, Liability for its fraud and/or any other Liability which it is not permitted to exclude or limit as a matter of law.
Each party acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement.
THEWORLDOFHOST.COM LTD makes no express or implied representations or warranties regarding theTHEWORLDOFHOST.COM LTD Website or its availability or functionality and all implied warranties of merchantability and/or fitness for purpose are expressly disclaimed and excluded. The Affiliate accepts that the operation of the THEWORLDOFHOST.COM LTD Website may not be error free or uninterrupted and THEWORLDOFHOST.COM LTD are not liable for the consequences of any interruptions or errors in the performance or content of the THEWORLDOFHOST.COM LTD Website.
This Agreement is personal to the Affiliate and the Affiliate shall not assign, sub-contract, delegate, transfer, mortgage charge (other than by floating charge), place in trust or dispose of any of its rights or obligations under this Agreement without the prior written consent of THEWORLDOFHOST.COM LTD except to the extent expressly permitted in this Agreement.
THEWORLDOFHOST.COM LTD shall have the right to assign, sub-contract, delegate, transfer, place in trust or dispose of any of its rights and/or obligations under this Agreement.
Nothing in this Agreement is intended or will be construed as constituting a partnership, agency, employment or joint venture relationship between the parties. All activities by the parties under this Agreement will be performed by them as independent contractors.
No third party shall have the right to enforce any terms of this Agreement between the parties. Any rights of a third party to enforce the terms of this Agreement between the parties may be varied and/or extinguished as agreed between the parties without the need for the consent of any such third party.
Neither Party shall directly and/or indirectly use and/or disclose any Confidential Information of the other party except in the proper performance of this Agreement.
The Link and the login and password to enable the Affiliate to access the Affiliate Resource Area comprise Confidential Information and the Affiliate shall effect and maintain reasonable measures to safeguard them from access or use by unauthorised persons and/or for any unauthorised purpose.
No waiver by either party of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
Each party shall from time to time, at the other party's request and cost, do all such acts and execute all such documents and/or deeds that may be reasonably necessary in order to give effect to the provisions and this Agreement.
THEWORLDOFHOST.COM LTD may vary the terms of this Agreement at any time on providing the Affiliate with 14 days' prior notice. No purported variation of this Agreement by the Affiliate shall take effect unless made in writing, referring to this Agreement and signed by an authorised representative of each party.
If any part of this Agreement is held to be void and/or unenforceable that part shall be struck out and the remainder of this Agreement shall remain in full force and effect. The parties agree that in the event of any such deletion they shall negotiate in good faith in order to agree the terms of an enforceable obligation or term which achieves or is closest to achieving the commercial aim of the deleted part. The failure of the parties to agree such a replacement provision shall not affect the validity of the remaining part of this Agreement.
Each party shall be responsible for paying its own costs and expenses incurred in connection with the negotiation, preparation and execution of this Agreement.
THEWORLDOFHOST.COM LTD may set off against any sums payable by THEWORLDOFHOST.COM LTD to the Affiliate any amounts due to THEWORLDOFHOST.COM LTD from the Affiliate whether under this Agreement or otherwise.
Neither Party shall be liable for loss, damage, detention, delay or failure to deliver and/or perform all or any part of its obligations (other than payment) under this Agreement as a result of a Force Majeure Event.
THEWORLDOFHOST.COM LTD undertakes to process the Affiliate's Personal Data in accordance with the principles of the DPA.
THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH ENGLISH LAW THE PARTIES SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS.