This agreement contains the complete terms and conditions that apply to your participation as a member of the LinuxFox.com Affiliate Program. For all, "LinuxFox", "Company", "we", "us" or "our" shall refer to LinuxFox Private Limited.
(1) Enrollment in the Program
To begin the enrollment process, you will submit a completed application through our website. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all of our rules and agreements. We may reject your account if we determine that your site is unsuitable for the program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").
(2) Utilizing Links on Your Site
As an affiliate website of LinuxFox.com, you may use any form of promotion you choose, consistent with the terms of this agreement. You may use banner advertisements, button links and text links to our site (the "Links"); however, you cannot SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk email program will result in your immediate termination from the Affiliate Program and your forfeiting of monies otherwise due to you hereunder. Allowable promotional links may contain LinuxFox's trade names, service marks, and logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by LinuxFox.com. By utilizing the links, you agree that you will cooperate fully with us to establish and maintain such links. You may visually modify a link with our consent.
We pay commission for every new client referred to us as per the table mentioned here.
Commissions are not applicable to orders placed by existing customers. Commissions are also not applicable to orders which are placed with the coupon code "WHT60".
Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden unless prior approval is given and cleared by us. To inquire on whether your incentive is acceptable, please contact us.
The commission rate is subject to change from time to time. Please refer to this page for future changes.
(4) Commission Payment
Commissions deemed due and owed to you under the program will be paid to you directly by LinuxFox after the client has had an active service with us for no less than 90 days. If the referred client cancels the service in the first 90 days, then you would not be eligible for any commission. A commission is applicable to the first order placed by a new customer only. No commission will be paid for sign-ups by you, your household, or anyone within your organization. LinuxFox reserves the right to only pay for referrals that are active. Active is defined by a client who has a website, and domain name pointed to a LinuxFox server with user uploaded content. Commissions can be earned per 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. Fraud orders will not receive commissions.
(5) Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation, and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.
In addition to the foregoing, we will immediately terminate your participation in the program if we believe you have engaged in any of the following:
(a) Unsolicited mass email solicitations, IRC posting or any other form of spam, including but not limited to, news groups or AOL customers or otherwise violate the anti-spam policies of LinuxFox or state law;
(b) Provide inaccurate or incomplete information to LinuxFox concerning your identity, address or other required information;
(c) Attempt to cheat, defraud or mislead us in any way;
(d) Misrepresent to the public the terms and conditions of our sites or your sites;
(e) Engage in pop-up advertisement network activities;
(f) IFrames may not be used; sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid.
(g) You are free to bid on PPC networks for keywords related to web hosting with the intent to direct traffic to LinuxFox. We do not allow any brand name or Trademark bidding (i.e. LinuxFox) or Trademark + bidding (i.e. LinuxFox Coupons). Some examples of prohibited keywords are "linuxfox", "LinuxFox", "www.linuxfox.com", "linuxfox coupon", and "linuxfox review".
You are prohibited from bidding on any LinuxFox keyword (example: coupon, etc.) terms on any PPC search engine. When setting up the display advertisement in a PPC campaign, it is not permitted to use the display URL "www.linuxfox.com" or "linuxfox.com", and ad text in a display ad may not contain the "LinuxFox" trademark. We do not allow direct linking from PPC campaigns. The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the LinuxFox brand name and reputation. We do not want affiliates, or for that matter, any third party, representing themselves as LinuxFox or presenting themselves in a way that could be confused with LinuxFox. Please note that organic search listings and results are permitted for the above terms.
(8) Minimum Payment Threshold
An Affiliate must earn a minimum affiliate account balance of $180 or more before the account is eligible for payment. Commission earned for less than $180 will remain pending until the full $180 minimum balance is 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.
(9) Term of the Agreement
The term of this agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this agreement at any time, with or without cause, by giving the other party notice of termination. Notification by email, to your email address on our records, is considered sufficient notice to terminate this agreement. If we terminate the agreement due to a violation, then you are not eligible to receive any commission payments, even for commissions earned before the date of termination. If we terminate the agreement for any other reason, then you are only eligible to earn commission on sales occurring during the term of the agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
(10) Relationship of Parties
You and LinuxFox 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. LinuxFox expressly disclaims responsibility for any conduct by you in violation of our terms of the agreement.
(11) Limitation of Liability
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. 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). Also, 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.
LinuxFox shall not be responsible for any damages your business may suffer. LinuxFox makes no warranties of any kind, expressed or implied for the services we provide. LinuxFox disclaims any warranty or merchantability or fitness for a particular purpose. It includes loss of data resulting from delays, no delivery, wrong delivery, deletion and all service interruptions caused by LinuxFox and its employees.
(13) Representations and Warranties
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 LinuxFox with notice that you have engaged in transmission of unsolicited bulk emails 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.
We may disclose to you certain information as a result of your participation as a part of the program, which information we consider to be confidential (herein referred to as "Confidential Information"). For the purpose of this agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to LinuxFox, customer and vendor lists relating to LinuxFox and any members of the Affiliate Program, other than you. Confidential Information shall also include any data that we designate as confidential during the term of this agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any data that we designate as confidential during the term of this agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if law or legal process requires the same. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information moreover, we shall not have any liability to you or any other person resulting from your or such third person's use of the information.
You hereby agree to indemnify, defend and hold harmless LinuxFox, 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.
(16) Binding Arbitration
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against LinuxFox or its subsidiaries in conjunction with this program. An arbitration firm selected by LinuxFox will be the sole and final arbitrator for all disputes and claims related to or resulting from your participation in this program. All decisions rendered are final. You also are responsible for all costs associated with such arbitration.
LinuxFox reserves the right to revise its policies at any time without notice. You are requested to visit this page from time to time.