“Last Modification Date” of this TOS is September 19, 2023
This Agreement contains the complete terms and conditions that apply to your participation as a member of the FOREXVPS365 Affiliate Program.
Please read the following CAREFULLY. This is a legal agreement (“Agreement” or “TOS”) between FOREXVPS365 (“ForexVPS365.com”, “Company”, “we,” or “us”) and You (“webmaster”, “applicant”, “affiliate” or “your”).
The following offer to the applicant is subject to all the terms, conditions, limitations and waivers below. Applicant acknowledges and agrees that by participating in the Program and to be bound by all the terms and conditions in this Agreement.
Only persons over the age of eighteen (18) years may participate in the program.
By filling out and submitting the Affiliate sign-up form, You are agreeing to be bound by all of the terms, conditions, promises, warranties, duties and obligations set forth in this Agreement and Company is agreeing to become a counterparty to the Agreement. The date of execution shall be the date on which the form is forwarded to Company.
To begin the enrollment process, you will complete and submit the online application at the FOREXVPS365 website. The fact that we approve applications does not imply that we may not re-evaluate your application at a later time and request additional information from you such as a copy of your ID, passport, Tax Registration Number etc. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
- Promotes sexually explicit materials;
- Promotes violence;
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promotes illegal activities;
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law;
- Includes “ForexVPS365” or variations or misspellings thereof in its domain name;
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion;
- Contains software downloads that potentially enable diversions of commission from other affiliates in our program;
- You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner that leads customers to believe you are ForexVPS365 or any other affiliated business.
As a member of ForexVPS365’s Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review Program’s details, download HTML code (that provides for links to web pages within the ForexVPS365 website) and banner creatives, browse and get tracking codes and other deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
ForexVPS365 reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
COMPANY POLICIES ARE FOR ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM, YOUR PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO THE COMPANY: You therefore warrant that You will not use any form of mass unsolicited electronic mail solicitations, news group postings, social media posting or any other form of what is commonly known as “spamming” as a means of promoting your website or for the purpose of directing or referring users to any websites owned, operated or controlled by Company. You further acknowledge and agree that company has the right to immediately, and without notice, terminate your participation in the program if we, in our sole and exclusive judgment, conclude that you have engaged in the use of any form of mass unsolicited electronic mail solicitations, news group postings, password selling or trading, warez, social media posting or any other form of “spamming”.
The Company reserves the right to cancel affiliate commissions without prior notice in case the Partner was found to request the keyword “ForexVPS365” and its spelling variations, including conformable words in other languages, in such search engines or social media sites as Google, Yahoo/Bing, YANDEX, Facebook, Twitter etc. to attract new Customers.
This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail or email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
ForexVPS365 reserves the right to terminate this Agreement and your participation in the ForexVPS365 Affiliate Program immediately and without notice to you should you commit fraud in your use of the ForexVPS365 Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, ForexVPS365 shall not be liable to you for any commissions for such fraudulent sales.
We are paying a 10% recurring commission every time your referred clients buy a new VPS plan, renew or upgrade the plan. The 10% recurring commission is calculated from the net amount received from the customer and it excludes VAT, other taxes, payment gateway fees etc.
Example of commissions to be paid for VPS.*
- 10 Day TRIAL– €0.45
- Basic Forex VPS Monthly Plan – €1.30
- Basic Forex VPS Yearly Plan – €12.00
- Advanced Forex VPS Monthly Plan – €2.65
- Advanced Forex VPS Yearly Plan – €24.00
- Professional Forex VPS Monthly Plan 16GB RAM – €4.90
- Professional Forex VPS Yearly Plan 16GB RAM – €48.00
- Professional Forex VPS Monthly Plan 32GB RAM – €6.20
- Professional Forex VPS Yearly Plan 32GB RAM – €58.50
For any Annual plans and the Dedicated Servers a 5% recurring commission every time your referred clients buy a new Dedicated Server, renew or upgrade the annual plan.
Example of commissions to be paid for Dedicated servers. *
- Dedicated Server [32] Monthly Plan – €9.75
- Dedicated Server [32] 3 Months Plan – €26.30
- Dedicated Server [64] Monthly Plan – €12.25
- Dedicated Server [64] 3 Months Plan – €33.10
- Dedicated Server [128] Monthly Plan – €14.75
- Dedicated Server [128] 3 Months Plan – €39.85
Example: If your referred clients subscribed to six Basic Forex VPS Monthly Plans, five Advanced Forex VPS Yearly Plans, two Professional Forex VPS Yearly Plans 32GB RAM and one Dedicated Server [32] Monthly Plan you will get €1.30×6 + €24.00×5 + €58.50×2 + €9.75 = €254.55
*Please note that the example is for information purposes only. The commission to be paid depends on the actual price list which is published on the ForexVPS365 website.
The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.
If you are referring clients to ForexVPS365 from a free hosting service that you run, you are not eligible for commissions unless given express permission by ForexVPS365. You must contact our affiliate department for review and a special commission rate.
Commissions deemed due and owed to you under the program will be paid to you directly by FOREXVPS365 only via PayPal after any holding period and in accordance with a regular payout cycle established by FOREXVPS365. PayPal fees are paid by you or can be deducted from your commission earnings automatically. The standard holding period for monthly VPS plans is 30 days after the payment, for yearly VPS plans 60 days after the payment and for Trial VPS is 10 days after the payment. No commission will be paid for signups by you, your household, or anyone within your organization. ForexVPS365 reserves the right to only pay for referrals that are active. Active is defined by clients with a website and domain name pointed to a ForexVPS365 server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link. An existing customer, defined by any client who has had an existing account with us at any time in the past, would not be eligible for a commission with the program. ForexVPS365 will store only the last 500 visits of your referred customers.
Affiliates must earn a minimum affiliate account balance of €30 or more before their account is eligible for payment. Commission amounts earned for less than €30 (for example €12) will remain pending until the full €30 minimum balance has been earned. All sales still pending due to the minimum payment threshold must remain active and in good standing according to our TOS requirements in order to be eligible for payment. Sales that are found not to be valid according to our TOS requirements at the time of the additional sale and earnings will be marked as invalid and not payable. Therefore, there will be the requirement that 2 sales, or €30 in minimum earnings be valid according to our sale requirements listed in our TOS in order for payment to be sent.
There is a €30 minimum threshold for Commission Fees. If You do not meet the minimum threshold of €30 within 180 days after the end of the month in which a Qualified Purchase was properly completed, commission payments will be forfeited and Your commission balance will revert to €0.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules.
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 Affiliate 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 Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or any Company services or other items 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide ForexVPS365 with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
You and ForexVPS365 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 Section. You are not an agent of the ForexVPS365 and ForexVPS365 expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
You hereby agree to indemnify, defend and hold harmless ForexVPS365, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against Company or its subsidiaries in conjunction with this program. An arbitration firm selected by Company will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.