By subscribing to, purchasing and/or using any of our services, you are agreeing that you have read, understood and are in compliance with our Affiliate Program Agreement as shown bellow, and with our Terms of Service Agreement, located in our website at: http://www.hostingpanama.com/index.php?set_language=en&cccpage=hp_terms

This World Internet Solutions LTD Affiliate Program Agreement ("Agreement") is between World Internet Solutions LTD a British Virgin Island Company, based in Road Town, Tortola in the territory of the British Virgin Islands, (hereinafter “WIS”) and the WIS Authorized Affiliate("Affiliate") to use and participate in WIS' Affiliate Program.

1. TITLE OF AGREEMENT
This agreement shall be referred to as the Affiliate Program Agreement ("Agreement"). NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the mutual covenants and agreements herein contained and subject to the terms and conditions hereafter set out and also subject to the WIS' Terms of Service Agreement, located in our website at:
http://www.hostingpanama.com/index.php?set_language=en&cccpage=hp_terms

By clicking on the "I agree" button or by signing a printed version of this document, you acknowledge that you have read this service Agreement, and you agree to its terms of service.

2. QUALIFICATION
Referred individual(s) must be a customer for at least 31 days at which commission is verified and granted. Affiliates may use their affiliate link to order a plan for themselves, to avoid abuse, any orders placed by the affiliate will require at least one referral to qualify for payout.

3. RELATIONSHIP
The Affiliate is an independent contractor and not a partner, joint venture, franchisee, agent, or employee of WIS. Affiliate shall not represent their relationship with WIS as anything other than an independent contractor or Affiliate. As well, WIS shall not refer to Affiliate as anything other than an Affiliate, independent contractor, consultant, or other designation as expressed by Affiliate and agreed upon by WIS.

4. PAYMENTS
You will receive a Commission for referring clients to WIS for hosting purposes. WIS will pay you a one time 8% fee of the total purchase made by referal.

Payment may be made by check, credits to your hosting account with WIS or any other means as WIS may desire. Payment will only be made by check upon your request. If you request the payment to be made by check, any and all costs of printing and mailing the check will be deducted from your payment. Costs are as follows:

Payments shall be made by WIS to Affiliates on a monthly basis and in accordance with Clause No. 2 (above). Other terms, payment methods, and payment schedules may be redered solely at the discretion of WIS.

WIS may reverse any commission paid to you, and subtract said commission from future payments to you, if WIS receives a chargeback on a transaction from a client you referred to WIS.

Affiliate is solely responsible for income, taxes and expenses related to this Agreement.

5. REGISTRATION
To sign up to be an Affiliate and to use the Services as an Affiliate you must be at least 18 years of age. You warrant that the information you provide to us upon registration is complete, valid and honest, including your phone nomber and full name. Your account may not be transferred or sold to another party. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referral individuals.

6. ACCOUNT CANCELLATIONS
Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:
• Inappropriate advertisements (False claims, misleading hyperlinks)
• Spamming (mass email, mass newsgroup posting, etc...)
• Advertising on sites containing/promoting illegal activities.
• Violation of intellectual property rights.

Also WIS operates a zero tolerance spam policy. If you use WIS for spamming purposes, WIS will terminate your membership in the Affiliate program and all of your profits will be forfeited immediately. Further, WIS reserves the right to recover from Affiliate the costs incurred by WIS in cleaning up the results of the "spam".

You may not use misleading advertising in relationship to WIS; doing so may result in the termination of your membership in the Affiliate program.

6. SUITABILITY AND REPRESENTATION
You agree to represent WIS in a tasteful way and declare that your web site is acceptable in presentation. If we review your site and find it to be, in our opinion, unsuitable, you will be given the opportunity to rectify the issues or you accept that WIS has the right to terminate your affiliation.

Affiliates may use the WIS Authorized Affiliate Logos and banners on their web site and on advertisements. When it comes to printed advertisements, to maintain the quality of WIS advertising and promotional materials, Affiliates must submit a copy of any advertisements for approval prior to publication. WIS will review use of logo and/or banners and notify Affiliates of approval within five business days of submission.

7. TERMINATION
Either party may terminate this agreement at any time for any or no reason in such party's sole discretion.

8. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE WIS SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WIS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WIS SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WIS, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WIS, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WIS SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE WIS SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WIS RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT WIS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM WIS AND ITS AFFILIATES.

UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

9. COPYRIGHT AND TRADEMARKS
All contents of the WIS Web Site are proprietary to WIS, and/or its suppliers and are protected under Copyright. All rights are reserved. WIS reserves any rights not expressly granted herein.

10. BREACH
Without limiting other remedies, WIS may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide services to you: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.

11. ASSIGNMENT
In the event of a merger or consolidation of WIS, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

12. FORCE MAJEURE
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of WIS, WIS is unable to perform in whole or in part its obligations as set forth in this Agreement, then WIS shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make WIS liable to the User.

13. GOVERNING LAW
Panama, Republic of Panama's law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of any courts within Panama city, Republic of Panama.

14. ARBITRATION
Any dispute relating to this Agreement shall be submitted for binding arbitration under the Arbitration Rules of the “Centro de Conciliación y Arbitraje de Panamá” and judgment on any award entered therein may be entered in any court of competent jurisdiction. The venue for any such arbitration shall also be Panama, Republic of Panama.

15. WAIVER
The failure of WIS to enforce a provision of this Agreement shall not be construed as a waiver of limitation of WIS right to strictly enforce and compel strict compliance with every provision of this Agreement.

16. SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

17. ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto, including previous agreements between the parties through other avenues.

18. INDEMNIFICATION
You agree to defend, indemnify and hold harmless WIS against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of this Agreement or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with WIS.

19. SURVIVAL
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely ownership, confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

20. MODIFICATIONS
WIS reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the WIS Web Site at: http://www.hostingpanama.com/index.php?set_language=en&cccpage=hp_terms . You are responsible for regularly reviewing the Web Site for any changes or modifications. This page where the terms are located might change as well, so please check our website regularly. Your continued use of the Services after any such changes shall constitute your consent to such changes. WIS does not and will not assume any obligation to notify you of any changes to the terms of the Agreement. Furthermore, WIS may add to, change, suspend or discontinue any and all aspects of the Service at any time, with no prior notice necessary and without owing anything further to the Affiliate.

Get the PDF Version:
http://www.hostingpanama.com/upload/files/CMSEditor/Affiliate_Program_Agreement.pdf