Affiliate Program Terms & Agreement

1. OVERVIEW
   This Affiliate Program Agreement (“Agreement”) is entered into by and between RaviHost PVT LTD (“RaviHost”) and the signor of this Agreement (“Affiliate”), and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of Affiliate’s participation in RaviHost’s Affiliate Program (“Affiliate Program”) and is in addition to any other agreement that Affiliate may have entered into with RaviHost by virtue of being a customer. In this Agreement “you,” “your” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. The terms “we,” “us,” and “our” refer to RaviHost PVT LTD (“RaviHost”). Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement, along with RaviHost’s Universal Terms of Service Agreement, which is incorporated herein by reference.

This Agreement explains our obligations to you, and explains your obligations to us under the Affiliate Program offered by RaviHost. RaviHost offers several ways to sign up to be an Affiliate, including via your RaviHost account panel (“platforms”). You are only permitted to sign up via one of the available options. The Affiliate Program is purely a referral program by which you can earn commissions as outlined herein. Commissions are earned by you as an independent contractor and, as such, you are responsible for paying any taxes due on such commissions. In addition, you are required to provide any/all accurately completed tax-related information and forms that are requested by the platform in which you enrolled. Failure to do so will result in a forfeiture of your commissions.

Changes and Modifications to the Agreement. RaviHost, 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 RaviHost website (this “Site”). You acknowledge and agree that (i) RaviHost may or may not notify you of such changes or modifications prior to posting them to this Site and (ii) your continued participation in the Affiliate Program (via any platform) after such changes or modifications have been made (as indicated by the “Last Revised” date on 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, you must formally terminate your Affiliate status. In addition, while not required, RaviHost 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 in the Affiliate interface that you have selected. RaviHost 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.

Suspension or Termination of Affiliate Program Participation. RaviHost reserves the right to suspend participation in the Affiliate Program in the event of an unresolved breach of this Agreement or if suspension or cancellation is required by any policy now in effect or later adopted by ICANN. You agree that your failure to comply completely with the terms and conditions of this Agreement and any RaviHost rule or policy may be considered to be a material breach of this Agreement and that RaviHost may provide you with notice of such breach either in writing or electronically (i.e., email). If you do not provide RaviHost with material evidence that you have not breached your obligations within ten (10) business days, RaviHost may terminate your participation immediately and take any remedial action available to RaviHost under the applicable laws. Such remedial action may be implemented without notice to you.

In addition, you acknowledge and agree that RaviHost may terminate your participation as an Affiliate if: (a) you or your site violates, as determined by RaviHost in its sole and absolute discretion, any of the Affiliate ​Restrictions outlined in Section 3 and/or any additional restrictions named; (b) for non-payment of fees, if any; and/or (c) if your site is not live, is under construction, or is a personal homepage or another personal site.

RaviHost reserves the right to suspend the participation of all affiliates or the entire Affiliate Program on a particular affiliate platform at any time for any reason.

2. DESCRIPTION OF THE AFFILIATE PROGRAM
   Acceptance into the Affiliate Program is at our sole discretion, which may be withheld for any reason or for no reason at all.

How it Works. RaviHost’s Affiliate Program allows you to earn commissions on sales to new RaviHost customers via advertising on your “web site” or “publishing location” (such as an electronic newsletter or blog) (hereinafter “Your Site”) that contains a link with your affiliate ID. This advertising will allow you to drive traffic (‘sessions”) to RaviHost’s web site. You will earn a percentage of the revenue generated, or commission as outlined in your platform agreement, when a person or entity (that is not you or your agent(s)) makes their first-time purchase of certain RaviHost products or services (“New Customer”) after being referred to through the unique affiliate link that is contained on Your Site.

After being referred to the RaviHost web site from a link contained on Your Site, visitors have thirty (30) days to complete their purchase for you to receive a commission. Should the visitor click on another referral link that is not controlled by you, or return to the RaviHost web site via another source-coded advertising link during the initial thirty (30) days, your affiliate link will be overwritten and you will not receive a commission for that visitor’s purchase.

Enrollment. Enrollment into RaviHost’s Affiliate Program can happen via any of the platforms indicated on our Affiliate page on our RaviHost website. Affiliates may switch between platforms but may only enroll on one platform at any given time.

Commissionable Sales. Affiliate acknowledges and agrees that RaviHost will only pay for first-time purchases by new customers. Affiliate will only receive commission for purchases completed after linking through Affiliate’s unique referral link and completing such purchases within 30 days of first visiting the RaviHost site. Subsequent purchases made by the same customer (including by accessing RaviHost’s web site directly) will not be commissionable. All RaviHost products and services will be eligible for a commission except premium domains, domains bought at RaviHost Marketplace, and apps.

Restrictions on Eligible Commissions. You are not eligible for a commission payment on purchases made by you, your employees, agents, representatives, or contractors (all considered your “agents”), as well as purchases made from several accounts owned by the same person. Commission is paid for the first purchase only made by a certain person. RaviHost employees (and their immediate family members) are not allowed to participate in the RaviHost Affiliate Program.

3. AFFILIATE RESTRICTIONS
   Linking to RaviHost website. Upon acceptance into the Affiliate Program, links and banners will be made available to you through the affiliate interface you have selected.

You acknowledge and agree:

RaviHost Logo Use. You shall not use the RaviHost logo without our prior approval. In addition, the RaviHost logo shall be removed from Your Site immediately upon request. RaviHost may lock your affiliate account immediately and withhold payment of any/all commissions without further notice if you fail to remove the RaviHost logo from Your Site upon request. For clarity, acceptance into the Affiliate Program grants permission to use RaviHost’s logos as outlined in the program.

Creatives. You shall not use any creatives that do not comply with RaviHost guidelines. If your creative requirements are not met by our current content offering, please contact us to discuss your ​individual needs.

No Domain Forwarding. You shall not create domain forwarding directly to our site using your affiliate link.

No Harmful Activities. You shall not engage in activities that RaviHost determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation.

Prohibition Against Use of RaviHost Trademarks. You shall not include the RaviHost trademark, trademark with keywords or any misspellings of said trademarks in any domain names. Such activity will result in your immediate removal from the program.

Prohibition Against Use of RaviHost Copyrights & Look-A-Like Sites. You shall not use a RaviHost.com look-a-like site that suggests or gives the visitor the impression that your web site or publishing location is affiliated with RaviHost.com. Your web site or publishing location shall not in any way copy or resemble the look and feel of RaviHost’s web site or web site content, and you shall not create the impression that your web site or publishing location is part of RaviHost’s network of web sites. This includes using RaviHost’s trademarks, trade names, or any variations or misspellings thereof, in your URL, business name, or site name. You shall not “frame” or permit the “framing” of any page of RaviHost’s network of web sites.

Website Content & Emails. You acknowledge and agree that Your Site specifically shall not (and shall not enable others to):

• Contain false, inaccurate, defamatory, slanderous, libelous, or misleading content or statements about RaviHost and/or its products and services;
• Do anything to give the impression to anyone that you are an Internet Corporation for Assigned Names and Numbers’ (“ICANN”) approved registrar;
• Display, promote or sell illegal content, or offer any illegal product or service;
• Engage in sending unsolicited commercial email (“spam”) or indiscriminate advertising;
• Fail to comply with the CAN-SPAM Act of 2003 (Public Law 108-187) or other applicable laws regulating commercial email;
• Collect personal information about minors without their parent’s prior written consent;
• Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by RaviHost in its sole discretion;
• Violate any applicable law; or
• Advocate, promote, or encourage violence or discrimination against any individual, organization, or group based on race, sex, religion, age, disability, or sexual orientation.

RaviHost reserves the right to request that any of your affiliate links be removed from Your Site and to request that RaviHost’s name, logo, and trademarks not be used on Your Site, regardless of the reason.

COUPONS GUIDELINES
Affiliates may only use coupons that are provided exclusively through the RaviHost affiliate program. The use of non-authorized coupons (including coupons that you have created yourself or those you obtain through other means) is strictly prohibited and may result in the suspension or termination of your affiliate account. Any sales resulting from unauthorized coupon usage will not be commissionable.

4. COMMISSION PAYMENTS

• We will pay you the commission rate in effect on the date of each sale.
• Commission rates are as specified on the platform where you enrolled in the RaviHost Affiliate Program.
• Commissions will only be paid on the first sale completed by New Customers.
• Commissions will be paid only on “valid” orders—those that are not reversed, charged back, unauthorized, fraudulent, or from an existing customer.
• Commissions will be paid thirty (30) days from the end of the month in which the purchase occurred. For example, a valid purchase made on November 13th will be paid 30 days from the end of November or December 30th.
• For external affiliate platforms, commission payments are processed within the time frames specified in each platform’s terms section.
• Commissions will be paid out according to the payment options and minimum requirements set by the platform where you enrolled.
• You acknowledge and agree that, for coupon/sales/discount/cashback/loyalty sites, you may be offered a lower commission than the standard rate.
• Commissions for orders with promotion coupon codes will be earned only when these coupons are exclusively provided through the RaviHost Affiliate Program. Commissions will not be earned for sales using any coupon code that was not provided through the platform where you enrolled. We reserve the right not to pay commissions on any purchases made with any other coupon codes, and such commissions, if paid, will be reversed.
• You acknowledge and agree that, as an independent contractor, you are responsible for any taxes owed due to commissions paid to you. You must provide any necessary taxable information to the platform where you enrolled. Failure to comply will result in the forfeiture of your commissions.

No commission is payable if Your Site:

• Contains software or uses technology that attempts to intercept, divert, or redirect Internet traffic to or from any other website, potentially enabling the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.
• Sends traffic to ravihosting.com or any other RaviHost websites generated by unauthorized traffic channels, such as click exchanges, banner exchanges, paid search advertising, etc.
• Replaces DNS errors caused by mistyping the domain name ravihosting.com with a page showing the appropriate RaviHost banner or affiliate link to our website.

Namecheap (RaviHost) reserves the right to:

• Terminate the Affiliate Program at any time for any reason.
• Terminate your participation in the Affiliate Program at any time for any reason. If terminated, RaviHost will make commission payments from valid purchases made on Your Site before the termination date. No commissions will be paid for purchases made after the termination date. The determination of whether a purchase was “validly generated” from Your Site will be made at RaviHost’s sole discretion.
• Suspend your participation in the Affiliate Program at any time for any reason. If suspended, you will not receive any commission payments during your suspension period, regardless of when they accrued. If reinstated, RaviHost will make payments for valid purchases made before or during your suspension period. The determination of whether a purchase was “valid” from Your Site will be made at RaviHost’s sole discretion.
• Require the forfeiture of any previously earned revenue paid or yet to be paid on any purchases you generated or assisted in generating during any times you were in violation of this Agreement.
• Deactivate any and all accounts and domains that RaviHost believes, at its sole discretion, are violating the terms and conditions of this Agreement.

In summary, RaviHost will track all commissions earned and may, at its sole discretion, decide not to pay any commission to you if it believes any referral was made in violation of its guidelines, due to visitor/customer fraud, or due to visitor/customer contract cancellation. It is your sole responsibility to precisely follow this Agreement and its guidelines at all times. RaviHost is under no obligation to pay any commission to any affiliate who does not strictly follow this Agreement and its guidelines, as modified from time to time.

5. YOUR RESPONSIBILITY

As an affiliate, we provide you with the links and banners necessary to promote RaviHost products and services, which you may display on Your Site as you wish. These links will identify Your Site as a member of our Affiliate Program and will establish a link from Your Site to ours. You acknowledge and agree that it is your sole responsibility to correctly indicate your unique affiliate ID in the promo materials you use on Your Site. You may promote RaviHost’s products and services in any manner you choose, as long as it does not mislead visitors about our services.

Participation in the Affiliate Program requires ongoing activity. Should you no longer wish to participate, you may withdraw by following the guidelines set by the platform where you enrolled.

If you are an affiliate directly with RaviHost, you may withdraw by submitting a Notice of Withdrawal via your RaviHost account panel. Your email to us must indicate that you will cease using our advertising tools and remove them from Your Site. Upon receipt of your email, we will confirm the removal of our tools from Your Site. Once confirmed, we will ensure that you receive final payment for any valid purchases that are pending commission payment.

Affiliates who are inactive for six (6) months and have not withdrawn from the program (“Inactive Affiliates”) may, at RaviHost’s sole discretion, be considered effectively withdrawn from the program.

6. OUR RESPONSIBILITY

RaviHost is responsible for processing orders, cancellations, returns, and other related customer service for its products and services. However, RaviHost will not be responsible for lost sales due to technical difficulties preventing us from registering a domain name or providing any other product or service to the visitor. RaviHost is also responsible for tracking and validating affiliate sales and commissions and providing this information to the chosen affiliate platform to facilitate payments. However, RaviHost does not control the payment processing of commission payments to you by the platform you selected.

RaviHost will pay out commissions for valid sales—those where the customer pays the full, expected price and such sales are not canceled, reversed, returned, or discounted/voided in any way. Where payment happens through a third-party platform, RaviHost is responsible for payment to the platform you selected, and the platform is responsible for payment to you.

7. FTC DISCLOSURE POLICY

At RaviHost, our goal is to treat customers fairly and comply with laws, including all Federal Trade Commission (FTC) regulations that relate to advertising. FTC regulations require that material connections between advertisers and endorsers must be fully disclosed. This means that affiliates who provide an assessment or endorsement of RaviHost must disclose financial or in-kind compensation provided by us.

RaviHost reserves the right to withhold referral fees and cancel the affiliate relationship with you if we find, at our discretion, that you do not comply with RaviHost’s FTC disclosure policy or any other applicable FTC regulations or guidelines.

8. LIMITATION OF LIABILITY

RaviHost shall not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information, or content transmitted, received, or stored on its system or any third-party systems. It is your responsibility to safeguard passwords, account identifiers, and other systems used to control access to your account.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE OUR WEBSITE(S) OR THE MATERIALS AND CONTENT OF THE WEBSITE(S) OR ANY OTHER WEBSITES LINKED TO SUCH WEBSITES OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO A BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED, AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. INDEMNITY AND DEFENSE

You agree to defend, release, indemnify, and hold harmless RaviHost and its contractors, agents, employees, officers, directors, shareholders, and affiliates from all liabilities, claims, and expenses, including reasonable attorneys’ fees and court costs, for third-party claims relating to or arising from (i) your breach of or non-compliance with this Agreement, (ii) your use of our services, (iii) your violation or alleged violation of any applicable law, (iv) your violation or alleged violation of any rights of another, including intellectual property rights, (v) any products or services offered, sold, or otherwise made available by you on your website or publishing location, (vi) your acts or omissions in using, displaying, or distributing any links obtained from the RaviHost Affiliate Program or elsewhere, including your use of links via email distribution, or (vii) any assertion that RaviHost is obligated to pay taxes in connection with a commission payment made by RaviHost to you under this Agreement. Your indemnification obligations set forth in this section shall survive the expiration, cancellation, or termination of this Agreement.

10. LEGAL AGE

You attest that you are of legal age to enter into this Agreement.

11. INDEPENDENT CONTRACTORS

The relationship between RaviHost and you established by this Agreement is that of independent contractors. No other relationship, partnership, joint venture, employment, franchise, or other than that of independent contractor is intended by this Agreement.

12. MISCELLANEOUS

• All rights to the material and content contained on RaviHost’s websites, excluding Third-Party Content, are owned by RaviHost or its licensor. Except as otherwise expressly stated, you are authorized to view, download, and print the content for your own personal, non-commercial use. You may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any material or information contained on RaviHost’s websites without the prior written consent of RaviHost.
• You agree that RaviHost may use information provided by you as described in RaviHost’s Privacy Policy.
• This Agreement is governed by and will be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
• You may not assign your rights and obligations under this Agreement to any third party, including by operation of law, without the prior written consent of RaviHost. We may assign this Agreement to any party at any time without notice.
• If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, the validity or enforceability of the remainder of the Agreement shall not be affected.
• This Agreement, including any and all documents, websites, rules, terms, conditions, and policies referenced herein, represents the entire agreement between RaviHost and you concerning the subject matter hereof and supersedes any prior agreement or understanding, whether written or oral.
• RaviHost may amend this Agreement at any time and shall post the amended Agreement to the RaviHost website. Your continued participation in the Affiliate Program following any such amendment constitutes your acceptance of the Agreement as amended.