24x7 Support
Questions? Call us Toll Free
      1-888-832-4721 
International customers call 1-440-527-9418  

Home Hosting Resellers Control Panel Support About Us


Affiliate Agreement

This Affiliate Agreement (the "Agreement") contains the complete terms and conditions which govern your participation in the TBhost.com Affiliate Program ("TBR") or TBhost.com Affiliate Program. As used in this Agreement, "TBhost.com" means Timberbrook Publishing, Inc., and "Affiliate", "you" or "your" means you. By clicking on the "I ACCEPT" button on the affiliate agreement page, you acknowledge that you have read the Agreement, you are able to enter into a legally binding contract, and you agree to its terms and conditions and all policies posted on the TBhost.com Site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "TBhost.com Site" refers to the Site located at the URL: www.TBhost.com, or any other successor Site owned or maintained by Timberbrook Publishing, Inc.

1. Enrollment in the TBR

To enroll as a participant in the TBR, simply complete the Affiliate Application. Timberbrook Publishing, Inc, in its sole discretion, may reject your application. If accepted, Timberbrook Publsihing, Inc. may design, create and host a Site for you ("Affiliate Site") You agree that you will not alter or modify the Affiliate Site in any way.

Affiliate agrees that it shall not post any links, banner advertisements, or other content of a competitor of TBhost.com on the Affiliate Site. Affiliate further agrees that the relationship of Affiliate to Timberbrook Publishing, Inc. is non-exclusive, and Timberbrook Publishing, Inc. shall not be restricted in any way from entering into Affiliate arrangements with other third parties.

Affiliate may not:

(i) use or display any hypertext link on the Affiliate Site which links to a website that contains any content that ;

(ii) post any content on the Affiliate Site that ;

(iii) use any offline or online marketing materials, e-mail addresses, or Resseller Site to transmit any material that:

· violates any state, federal or foreign laws or regulations;

· infringes on any intellectual property rights (e.g., copyright, trademark, trade secret, patent or other proprietary rights) of Timberbrook Publishing, Inc. or of any third party;

· is defamatory, misleading, obscene, or otherwise potentially damaging to the reputation of Timberbrook Publishing, Inc., or the goodwill associated with any of Timberbrook Publishing, Inc's. trademarks, service marks, trade names or other indicia of source ("Timberbrook Marks");

· is threatening or harassing;

· is discriminatory based on gender, race, religion, ethnic origin or age, or promotes hate or violence against any individual or group;

· violates any Timberbrook Publishing, Inc. policy posted on any Timberbrook Publishing, Inc. Site;

· contains viruses or other computer programs which may result in damage to Timberbrook Publishing, Inc. or to any third party; or misrepresents Timberbrook Publishing, Inc. or misleads potential customers regarding the Services.

Any violation of these provisions will be grounds for immediate termination of this Agreement, with or without notice, at Timberbrook Publishing, Inc's sole discretion.

2. COMMISSION AND PAYMENTS

a. Levels. TBhost.com has a Two (2) Tier Affiliate System The tiers are defined as follows. First Tier Commissions: A TBhost.com Affiliate qualifies for a first tier commission when a new customer is referred to the TBhost.com Site through links leading to the TBhost.com Site from any website, advertisement, recommendation, or other refferal originating from the Affiliate and places an order within 30 days of his last visit originating from Affiliate. The commission is earned when TBhost.com Actually receives payment from the customer for Web Site Hosting Services. Second Tier Commissions: A TBhost.com Affiliate qualifies for a second tier commission when a new customer is referred to the TBhost.com site through links leading to the TBhost.com Site from any website, advertisement, recommendation, or other referral originating from a Affiliate that signed up for the TBhost.com Affiliate program and was referred by the Affiliate through the Affiliate program sign up form on the TBhost.com Site or Affiliate site.

b. Commissions. TBhost.com will pay a commission to Affiliate for each paid subscription of the services offered by Tbhost.com (the "Service") by an end user (“Subscriber”), which results from such end user's click-through from the Affiliate Site to the TBhost.com Site ("Qualified Subscription"). The commission paid to Affiliate will differ according to the “Tier” that the Affiliate belongs to relative to the sale. A First Tier Affiliate will receive an amount equal to Fifteen percent (15%) of the applicable hosting fees paid to Tbhost.com by the Subscriber for virtual Hosting services ("Commission"). A Second Tier Affiliate will receive an amount equal to five percent (5%) of the applicable hosting fees paid to Tbhost.com by the Subscriber for virtual hosting services. The amount of any Commission paid to Affiliate may change from time to time upon notice from TBhost.com.

No Affiliate can claim itself or any entity in which it holds a majority-ownership or controlling interest as a Subscriber under any TBhost.com Program. No TBR Manager can claim itself or any entity in which it holds a majority-ownership or controlling interest as a Affiliate under any TBhost.com program. Any person or entity that does so:

(i) will forfeit any commissions claimed on such Subscriber or Affiliate,

(ii) agrees that TBhost.com may recoup from any commissions otherwise due to Affiliate or TBR Manager the amount that was previously paid or otherwise due as a result of a violation of this section, and

(iii) will be deemed in material breach of this Agreement and subject to immediate termination without compensation.

c. Reports. TBhost.com shall generate and manage all Qualified Subscriptions originating from the Affiliate Site and shall prepare an online report reflecting all Commissions earned by Affiliate for the applicable period. Affiliate may access its report via the Web to determine the amount of Commissions Affiliate has earned. Affiliate will not receive a Commission for "Non-Qualified Subscriptions." A Non-Qualified Subscription is where an end user subscribes to the Service directly from the Tbhost.com Site, another Affiliate Site or otherwise, without clicking on the Tbhost.com Link located on the Affiliate Site.

d. Payments. On or before the thirtieth (30th) day of each month, Timberbrook Publishing, Inc. will tender payment to Affiliate for all Commissions earned by Affiliate and actually received by Timberbrook Publsihing, Inc. during the previous month. If, at the end of any month, Affiliate does not have at least Fifty Dollars ($50) in accumulated Commissions, Timberbrook Publsihing, Inc. will hold Affiliate’s payments until Affiliate's Commission equals or exceeds $50. At this point, Timberbrook Publsihing, Inc. will tender payment to Affiliate with Affiliate's next monthly payment. Timberbrook Publishing, Inc. will determine the best way to pay the Affiliate , by Check, or Online Third Party Money Transfer Service such as PayPal. Affiliate is solely responsible for declaring and paying all taxes arising from Affiliate's receipt of the Commissions. Further, Affiliate shall not sell or transfer any Commissions earned by Affiliate during the term of this Agreement.

e. Termination. Affiliate will receive Commissions for Qualified Subscriptions so long as a Subscriber continues his or her subscription uninterrupted. However, upon termination or suspension of the Service by a Subscriber or by TBhost.com, Affiliate acknowledges and agrees that TBhost.com shall no longer owe any Commissions with regard to such Subscriber. If You reactivate Your account at a later date, You will not receive any commissions previously forfeited nor commissions from any Subscribers You had signed up before deactivation

3. Our Grant of Rights to You

Subject to all restrictions set forth in this Agreement, TBhost.com grants to Affiliate a limited, non-exclusive, non-sub licensable, and non-transferable license to use the Affiliate Site and Tbhost.com Link(s) solely for the purpose of promoting the services as licensed hereunder. Except as expressly set forth herein, no license to the Affiliate Site or TBhost.com Link(s) is granted to Affiliate for any other purpose, and any other uses of the Affiliate Site or TBhost.com Link(s) by Affiliate shall constitute a material breach of this Agreement and TBhost.com shall be entitled to immediately terminate this Agreement.

4. Term and Termination

This Agreement is effective as of the date you click on the "I ACCEPT" button below and shall continue until terminated by either party. Affiliate may terminate Agreement by selecting "Contacting Timberbrook Publishing, Inc. and following the steps to remove his or herself as a Affiliate. Timberbrook Publsihing, Inc. may terminate this Agreement immediately upon the material breach by Affiliate or Affiliate Manager of any of the obligations hereunder. Timberbrook Publishing, Inc. may also terminate this Agreement with any Affiliate or Affiliate Manager with or without cause, upon thirty (30) days written or E-mailed notice. Upon termination of this Agreement, Affiliate shall immediately cease use of, and remove from the Affiliate Site, any and all TBhost.com Links or other materials provided to Affiliate by Timberbrook Publsihing, Inc. Sections 4 - 7 shall survive termination of this Agreement.

5. Disclaimer of Warranty

THE TBHOST.COM SITE AND THE Affiliate SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE TBHOST.COM SITE, AND ALL TEXT, GRAPHICS LINKS AND APPLICATIONS ARE PROVIDED TO Affiliate ON AN "AS IS"-“AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TBHOST.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. TIMBERBROOK PUBLISHING, INC. DOES NOT WARRANT THAT THE Tbhost.com SITE OR Affiliate SITE WILL FUNCTION WITHOUT INTERRUPTION OR THAT IT WILL BE ERROR-FREE.

6. Limitation of Liability

IN NO EVENT SHALL TIMBERBROOK PUBLISHING, INC. BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE TBHOST.COM SITE, THE Affiliate SITE, OR ANY TBHOST.COM PRODUCTS OR SERVICES; OR, FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL TIMBERBROOK PUBLISHING, INC.'S ' CUMULATIVE LIABILITY ARISING FROM THIS AGREEMENT OR THE SUBJECT MATTER HEREOF EXCEED THE TOTAL COMMISSIONS ACTUALLY PAID TO Affiliate HEREUNDER.

7. Miscellaneous

This Agreement, including all policies posted on the TBhost.com Site, represents the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral, between the parties with respect to the subject matter hereof. This Agreement and TBhost.com policies are subject to change by Timberbrook Publishing, Inc. at any time. Continued usage of the Services after a new policy is implemented and posted on the TBhost.com Site, constitutes your acceptance of such change or policy. We encourage you to regularly check the TBhost.com Site for any changes or additions. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Affiliate. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. This Agreement is made under, and shall be governed by and construed in accordance with, the laws of the State of Ohio, U.S.A., excluding its choice of law provisions. The parties acknowledge and agree that the state and federal courts located in the county of Lake, in the State of Ohio will have exclusive jurisdiction over any claim or action arising under or relating to this Agreement or the goods or services provided under this Agreement. The parties agree to waive application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods.

 

Copyright 1999-2005  Timberbrook Publishing, Inc.

Like what you see? Send This Page to a Friend

 Home | Unix | Windows | Specials | Support | Affiliate Program | Reseller Program | About Us | Web Site Templates

Our Windows Web Site Hosting Plans run on Windows 2000 Server Our E-Commerce Plans Run on Miva Merchant Cold Fusion is available on our Windows 2000 Web hosting plans Our Unix Web Site Hosting Plans Run on Red Hat Linux Front Page Web Site Hosting