This page (together with the documents referred to on it) tells You the terms and conditions on which We will supply any of the products (Services) listed on Our website (lunahost.co.uk) to You. Please read these terms and conditions carefully and make sure that You understand them before ordering any Services from Our website. You should understand that by ordering any of Our Services, You agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
References to "You" and "Your" shall be to you as the customer. References to "We", "Our" and "Us" shall be to LunaHost.
We operate the website lunahost.co.uk. We are LunaHost, Our office is at Goodbytes Office (LunaHost), Portland House, Belmont Business Park, Belmont, County Durham, DH1 1TW. Our contact email address is firstname.lastname@example.org.
Upon your acceptance, LunaHost will provide you with an affiliate URL to specifically identify you, which will allow you to create a link to the LunaHost web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links.
LunaHost agrees to track the customers referred to LunaHost via the link provided to you for that purpose. LunaHost utilizes cookies to maintain tracking information for up to one year. LunaHost will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.
You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in the LunaHost affiliate program does not violate any law, ordinance, regulation or standard.
Operation of Affiliate Link
You agree to take full responsibility for ensuring the proper and continuing operation of your affiliate URL. You agree that you will notify LunaHost if your affiliate URL ceases to function or ceases to function properly.
You agree that you will not make any representations, promises, warranties or other statements about LunaHost or the LunaHost web site, products or policies other than as may be expressly approved in writing by LunaHost or as other wise provided to you by LunaHost for that purpose.
Affiliates are not allowed to advertise on LunaHost's brand keywords. Affiliates are not allowed to target LunaHost coupon keywords. Violations may result in the invalidation of referral commissions and/or immediate termination of affiliate account. LunaHost will be the sole arbitrator as to what constitutes a violation.
You may use the affiliate URL provided by LunaHost via the available LunaHost Link Library or in any other form you wish provided that your use of the URL is not in any way disparaging of LunaHost or otherwise not appropriate or acceptable in LunaHost's sole opinion and judgment. You may not violate any copyright, trademark or other intellectual property right of LunaHost or any other party. You may not violate the LunaHost Master Service Agreement.
You agree that LunaHost may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the LunaHost web site on a periodic basis. All changes, amendments and modifications of the TOS shall be effective as of the date posted on the LunaHost website and You agree that You shall be bound by all such changes, amendments and modifications of the TOS effective upon posting.
Customers of LunaHost
LunaHost will have the sole right and responsibility to service all customers secured through your affiliate URL. All dealings with customers for web hosting and related services shall be directly and solely between customer and LunaHost. LunaHost shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to affiliate. All customers of LunaHost, regardless of origin or referral, are the sole property and responsibility of LunaHost.
Commissions are paid on a one-time basis for each new account purchased via your affiliate URL subject to the terms and conditions set forth herein. There will be no obligation to pay any other commission. Commissions vary in amount. Exact commission rates based on number of referrals within a given calendar month and order maturation are available within Backstage.
No commissions will be awarded for domain registrations.
A "qualified commission" is one for which the new account which is the subject of the commission has remained in good standing continuously for at least 60 days from its inception. LunaHost shall make all decisions as to whether any commission is a "qualified commission." If at any time after a commission has been awarded and/or paid and the related customer's account is terminated or canceled, for any reason, this commission will be revoked and subtracted from any standing or future commissions account balance you may have.
Payments will only be paid once your commissions account balance reaches the minimum payment threshold. LunaHost shall make no payment to you until this minimum balance is achieved. Commissions are not paid until a payout request is submitted by you via the LunaHost affiliate control panel. If You fail to properly submit a payout request within one (1) year of the date upon which your Qualified Commission accrued and became payable, You will forfeit such Qualified Commission and You hereby agree to release LunaHost from all liability for payment of any such forfeited commissions.
Commissions can be paid two available methods: Through a PayPal payout or a service credit on your LunaHost web hosting account. Your payment preference can be modified at anytime via your affiliate control panel in the customer area.
For payments to be made through PayPal, you must provide us with your affiliate username and your PayPal ID.
Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
LunaHost grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the LunaHost logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and LunaHost to accomplish the purpose and intent of this affiliate agreement. You may also use the links and images located in the link library prepared specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise alter any such property. This License is neither assignable nor transferable.
Either party may terminate this agreement at any time upon notice in writing to the other party. Any commission which has become a qualified commission as of the date of such termination will be paid post termination. Any commission, which is not a qualified commission as of the date of notice of termination, shall not thereafter become a qualified commission.
The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of LunaHost termination of this agreement in its entirety.
Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by LunaHost will become a termination. as of the date of the initial suspension.
Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. Sections VII shall survive such termination and remain in full force and effect.
Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the parson assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and LunaHost that you will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
You vow to uphold the laws of your respective jurisdiction and that you will not violate any applicable law, ordinance, regulation or standard. You understand and accept responsibility to file any necessary paperwork with the appropriate parties for any and all payments made as a result of this service and the terms and conditions set forth herein.
Terms of Service
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and LunaHost that you agree to be bound by all terms and conditions of this document and any applicable terms and conditions set forth in the LunaHost Terms of Service.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and LunaHost that you will not use or otherwise permit the use of unsolicited commercial email (aka SPAM/UBE/UCE) in relation to the LunaHost Affiliate Program.
You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and LunaHost that you will not take any action that would in any way damage LunaHost or otherwise compromise its servers or equipment including utilize or otherwise transmit at any time contain viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.
You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY LUNAHOST PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT LUNAHOST MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, LUNAHOST DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL LunaHost BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
IN NO INSTANCE SHALL LUNAHOST BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT LUNAHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.M. or (iv) either party's liability for death or personal injury or their own acts of fraud.
You agree to indemnify, defend and hold harmless LunaHost and its affiliates, directors, officers, employees and agents, harmless of and from any and all liability, losses, damages, injuries or expenses (including attorney.s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by LunaHost on the LunaHost web site.
Questions regarding this document should be presented to the LunaHost Affiliate department via the email@example.com email address or via the Affiliate Program option in the LunaHost helpdesk prior to accepting its terms.
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