Scala Hosting LLC (hereinafter referred to as “The Company” or "ScalaHosting") Affiliate Agreement
This Agreement contains the complete terms and conditions that apply to your participation as an affiliate in the Affiliate Program of The Company, and the establishment of links from your affiliate website to our website www.scalahosting.com.
ScalaHosting will be monitoring the program closely and reserves the right to cancel commissions in the event ScalaHosting identifies a fraudulent order, the customer cancels and is refunded, or if the commission was earned improperly.
ScalaHosting will pay effectively commissions to affiliates only if the referred by the relevant affiliate customer has not canceled or refunded his service within a 45 (forty-five) days period. This rule is due to ScalaHosting’s policy to maintain a 30-days moneyback guarantee for all services available at scalahosting.com.
ScalaHosting will NOT pay commissions on domain and SSL sales, or any other type of sales that are not direct cloud and web hosting services, or any sales that come from existing customers.
Both you and ScalaHosting have the right to, at any time, without notice, and for any reason, terminate this affiliate partnership, with the understanding that termination of your status as an affiliate will prevent you from receiving all further commissions from referrals to ScalaHosting. In the event you breach the terms of this agreement, ScalaHosting reserves the right to, at its sole discretion, forcibly terminate your affiliate account, decline or reverse any commissions you have not yet received, or take any action it deems appropriate, on an individual basis.
1. Enrollment in the Affiliate Program
First, you need to submit a complete Affiliate Program Application. We will evaluate your application and will notify you of your acceptance or rejection in 1 to 2 business days. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Affiliate Program for any reason. If we reject your application, you are welcome to reach out to us at firstname.lastname@example.org and describe why you consider yourself a good fit for ScalaHosting Affiliate Program
2. Prohibited Sites/Verbiage
- Sites that promote sexually explicit material or violence.
- Sites that promote discrimination based on race, sex, religion, national origin, or physical disability.
- Sites that promote illegal activities.
- Sites or verbiage making medical claims regarding our products/services (ie. the curing or recession of an ailment)
- Sites that are only offering coupon codes and promotions and do not have blog and/or review section where ScalaHosting is featured with review, comparison or description containing minimum 1000 (one-thousand) characters
Affiliate agrees to not utilize SPAM in promoting The Company. This action will result in the immediate termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of The Company’s Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by The Company. Any service interruptions to The Company’s website as a result of Affiliates spamming will be billed to Affiliate at 500 U.S. dollars per hour until service is restored.
For the purpose of this agreement SPAM is defined as emailing ANYONE, in bulk or by single mailing, about The Company, who has not specifically requested the information directly from Affiliate. The ONLY exceptions to this are:
- Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate's behalf. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.
- You may include information on The Company in email Acknowledgement Messages for orders and inquiries that you receive so long as it is stated upfront that you will be sending them an acknowledgement.
The Company also considers ANY type of advertisement about The Company posted repeatedly (more than 10 times within a 10-day period) to a Newsgroup or Chat Room to be spam.
4. Promotion of Our Affiliate Relationship
We will make available to you Links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link") and banners, which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.
Subject to the terms of clause © below, we will provide you with Links, which will consist of graphic images or text provided by us (and subject to change from time to time in our sole discretion). These Links will connect your site directly to ours. By utilizing these links, users of your site will be able to order, directly from us, any product(s) that were described or referenced on your site.
Agreements Regarding Links:
In utilizing Links, you also agree that you will display on your site only those graphic images (indicating a Link) that are provided by ScalaHosting, and you will substitute such images with any new images provided by us from time to time throughout the term of this Agreement. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of your site to the pertinent area of our site will in no way alter the look, feel or functionality of our site. In addition, we encourage (but do not require) you to include a Link to the home page of our site.
5. PPC Bidding Rules
TM bidding & TM+ bidding are prohibited.
6. Our Responsibilities
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for processing every order placed by a customer following a special Link from your site, for tracking the volume and amount of sales generated by your site, and for providing information to Affiliate Sites regarding sales statistics. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.
7. Other Responsibilities and Opportunities of Affiliate Sites
If you qualify and agree to participate as an Affiliate Site, you shall display Links prominently throughout your site as you see fit and with our consent.
Contests and Promotions:
- As an Affiliate Site, you will be entitled to participate and promote on your site any sweepstakes, contests, and special promotions we may offer. In addition, you will be entitled to earn commissions as set forth.
- Only offers and promotional tools provided explicitly by The Company for use on an affiliate site are valid.
- The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this agreement.
- There may occasionally be promotions with deep discounts that don't allow sales from the affiliate channel to be commissionable. These promotions will never be evergreen and commission will be automatically removed.
Compliance with the Agreement:
We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
We will monitor for FTC compliance to ensure disclosures are adequately added. Please ensure compliance by following the guidelines here:
8. Reports of Sales
You will be given a user name and password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis.
9. Your Responsibilities
You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright, FTC disclosure guidelines, and other laws. You must have express permission to use another party’s copyrighted or other proprietary material. We are not responsible for violations. FTC disclosures need to be clear and conspicuous on your site.
For additional information on expectations around FTC disclosure please visit https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking#affiliate
To make a disclosure “clear and conspicuous,” the Affiliate should use clear and unambiguous language as well as make the disclosure stand out. Customers should be able to notice the disclosure easily. They should not have to look for it. In general, disclosures should be:
- Close to the claims to which they relate;
- In a font that is easy to read;
- For video ads, on the screen long enough to be noticed, read, and understood;
- For audio disclosures, read at a cadence that is easy for consumers to follow and in words
consumers will understand.
A disclosure that is made in both audio and video is more likely to be noticed by consumers. Disclosures should not be hidden or buried in footnotes, in blocks of text people are not likely to read, or in hyperlinks. If disclosures are hard to find, tough to understand, fleeting, or buried in unrelated details, or if other elements in the ad or message obscure or distract from the disclosures, they don’t meet the “clear and conspicuous” standard.
10. Policies and Pricing
Customers who buy The Company’s products through the Affiliate Program will be deemed to be customers of The Company. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for our products sold under the Affiliate Program in accordance with our own pricing policies. Our prices and product availability may vary from time to time. Because price changes may affect products that you already have listed on your site, you should update pricing often or not include price information in your product descriptions.
Customers sent to The Company must be the end user of the product/service. If Affiliate is placing order on behalf of the customer, approval of this promotional method must be explicitly provided by The Company.
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.
12. Licenses and Use of the The Company’s logos and Trademarks
- WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS, AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR THE COMPANY. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATES PROGRAM.
- You shall not make any specific use of any Licensed Materials for purposes other than selling products on your site for The Company, without first submitting a sample of such to us and obtaining the prior written consent of The Company’s Affiliate Program Manager, which shall not be unreasonably withheld. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time, by giving you written notice.
13. Promotion through Google Shopping / Product Listing Ads are not allowed unless express permission is provided.