AFFILIATES

TERMS OF SERVICE

Affiliate Agreement

This affiliate agreement is the terms and conditions agreed upon by KVCHosting.com (henceforth, 'company') and affiliate. The affiliate, by joining the company's affiliate program, consents to the terms and conditions given here, implying that the TOS has been carefully read and that the affiliate has made a decision to adopt the affiliate plan with clear knowledge of the company TOS. Agreement between both parties confirms that the affiliate has agreed to be bound by the terms and conditions herein mentioned:

1. Enrollment procedure

Submit a completed Affiliate Program Signup Form available at the link: http://www.KVCHosting.com/webhosting-affiliate.php.
Our affiliate experts will thoroughly evaluate your application and notify you about acceptance or rejection of the form within a short period of time. We may reject your application, if our affiliate experts determine that your website is unsuitable for Our Affiliate Program, for any reason, which in our opinion is unlawful or does not meet our Acceptable Use Policy.

2. How it works

KVCHosting will provide affiliates with unique tracking codes. These codes need to be placed in the HTML coding of your website and when clicked upon, will direct the visitor to www.KVCHosting.com.
If the user places an order within the next 180 days from that very computer, our automated system will track the sale and automatically credit your account with the commission. This pertains till the cache of system has not been cleared and our system traces the cookies from the system.  

3. Order Processing

We will process orders placed by Referred Customer who follow the Links from your website to www.KVCHosting.com. We reserve the right, in our sole discretion, to reject orders that do not fulfill certain requirements, which we may require from time to time. All aspects of order processing and fulfillment, including service, cancellation, processing, refunds and payment processing will be the responsibility of company. We will track successful Purchases generated by your website and make this information available to you. To permit accurate tracking, reporting and commission accumulation information, you must ensure that the links between your website and our website are properly formatted.

4. Commission

Commission Fees will be paid based on the current information in Your Affiliate profile. It is the responsibility of the affiliate to notify us promptly of any change in your address by updating your profile information in the Affiliate console. Failure to do so may result in loss or forfeiture of your Commission Fee. Also, it is the responsibility of the affiliate to provide KVCHosting with the tax and payment information required to issue a Commission Fee to said affiliate. If the company does not receive the necessary tax or payment information within 90 days of a Commission Fee being earned, we will consider that Commission Fee to be forfeited by the Affiliate and no payment will be issued after this interval.
Commissions will be paid to affiliates based on all successful referrals. A successful referral, or sale, is defined as:

• non-fraudulent,
• not cancelled,
• active for a period of 30 days,
• new web hosting client, who has paid for services in full using a unique credit card and has been directed to KVCHosting through your affiliate tracking link.

Upon cancellation of said commission, we will provide at our discretion any and all non-private information to show the genuine reason for cancellation. Due to the high frequency of credit card fraud and cancellation rates, KVCHosting reserves the right to hold commissions up to 60 days, for further verification of such cases. The company also reserves the right to cancel commission in the event that we are:

• unable to collect funds,
• the order is fraudulent,
• the customer cancels and is refunded, or
• if KVCHosting knows that the commission was earned through improper and unacceptable methods.

We do not allow self referrals and all self referral commissions will be eliminated, possibly leading to termination to your affiliate account. KVCHosting reserves the right to hold a reserve on payments in the case that KVCHosting identifies financial risk, chargeback risk or the inability of an affiliate to reimburse KVCHosting for future chargeback costs. The reserve amount will be determined, wholly based upon previous commissions and signup rates, risk analysis and other factors. KVCHosting reserves the right to hold the reserve amount for up to 12 months and no longer. Note: All commissions are 45% on all sales, excluding free hosting plans. Free hosting will get 25% commission only. All hosting plans include monthly, 3 months, 6 months, 1 year or 2 years sales on Unlimited, Reseller, VPS and Dedicated plans, Excluding Domain Registration and Add-on Products.

5. Payment Terms

KVCHosting prefers to pay affiliates through PayPal as it is the most preferred gateway for distribution of commission for hosting plans. You are responsible for informing KVCHosting about the desired payment form/type:

1. You may choose to receive Commission Fees in the form of check made in U.S. currency, under the following conditions:

• If you live in any of the countries listed in our Acceptable Use Policy prohibited by regulations of the U.S. Office of Foreign Assets Controls ("OFAC")
• If you do not have the facility of PayPal account or have some issues with PayPal

b. You have the option to receive Commission Fees in the form of credit to your KVCHosting account. If you choose to receive Commission Fees in the form of account credit, the adjustment will be made as required. KVCHosting will credit the amount of your Commission Fee into the hosting account, as defined in this Agreement; you can update or change desired payment form by updating your Affiliate Profile located in the Affiliate Console. Changes made to desired payment form may take up to two payout cycles to take affect.
KVCHosting reserves the right to amend the terms of this Commission payment method or schedule at any time. Such changes shall take effect with the consent of the company and affiliates will be informed of the same.

c. The payment will be given on the 15th of the month (after verification and passing of 60 days). For example, if the sale is made on 8th January 2010, its commission will be given on 15th March 2010 (along with the commissions accumulated within the said 60 days)
In case of disputes: Affiliate has access to respective accounts through Affiliate Program statistics and activity. Any dispute and discrepancy should be reported and will be handled within 45 days after the end of the month in which the sale or event being disputed occurred. Disputes filed after 45 days of the date on which the Qualified Purchase occurred will not be accepted by the company.
It is the responsibility of affiliates to provide tax and payment information to the company. If KVCHosting does not receive the necessary tax or payment information within 45 days of commission earned by the affiliate, the company will consider that Commission Fee forfeited by the Affiliate and no payment will be issued.

6. Tax terms

Affiliates are required to submit a W8/W9 tax form before the company can issue any Commission Fees.
You are responsible for the payment of all taxes related to commission earned by you under this Agreement. In conformity with tax laws, KVCHosting will issue a Form 1099 to Affiliates, for whom the earnings meet or exceed the applicable amount warranting the Form 1099.
You will be required to provide us with proper address, tax forms (including W8/W9 or other tax forms) or information within a week for any request issued by KVCHosting for issuing Form 1099.
Change of address must be made in the affiliate's profile 15 days prior to the end of the calendar month for distribution of commissions for that month, so we can send payment to the revised address.

7. Minimum Payout

The minimum payout will be $100. Any unpaid commission over 6 months old, which have not reached $100 minimum payout threshold, will be considered forfeit. Affiliates are not allowed to place hosting orders on behalf of other websites.

8. Initial Bonus and Qualifications

KVCHosting will give a free initial deposit $10 to the affiliates, just for signing up with our affiliate program and getting approval. $50 bonus will be deposited to your affiliate account within 60 days, along with your earned commissions, if some qualifications mentioned below are fulfilled by the affiliate. Qualification is verified from the website and you need to submit these during the signup process.

• Minimum Page Rank 5
• Minimum 100K Alexa Ranking
• Minimum 500 back-links on Google
• Traffic more than 20,000 (in accordance with compete.com)
• Place the banner on the header of your site, where it is visible. It should not be a rotating banner.
• The link or associated banner of KVCHosting needs to be placed for 60 days in the affiliate's website. Our crawlers will check regularly to make sure and if the link is removed before the 60 days are up, affiliate will forfeit $50 from their account.

9. Representation

You agree not to represent or promote your affiliate link or website as KVCHosting.com or KVCHosting llc or KVCHosting.com web hosting.

10. Advertising Restriction

Pay-per-click (PPC) advertising restrictions:
 - No direct linking to KVCHosting is permitted
 - No use of the word 'official', 'legal', 'authorized' or any similar words
 - Bidding on our branded keywords "KVCHosting, KVCHosting.com, www.KVCHosting.com, kvc hosting, kvcwebhosting, kvc web hosting" or any variation, combination, domain typo or misspelling of our branded keyword is strictly not allowed.
- No changes in our banners or official tools can be made by affiliates

11. Affiliate Support Services

KVCHosting will provide practical and reasonable support services to affiliates.

12. Terms of the Agreement

The terms of this agreement will begin upon acceptance of your affiliate program application and will end when terminated by either involved party. The affiliate(s) and KVCHosting reserve the right to cancel this relationship at any time, with or without cause, by giving notice of termination. Once terminated, you will not be eligible to receive commissions for referrals. At the sole discretion of KVCHosting.com; any violation of these terms and policies can result in termination of the affiliate relationship and/or reversal of any commissions not yet paid out. KVCHosting holds the right to terminate an account, if it has been inactive for a long time or for breaking commitment about banner placement on affiliate's website.

13. Indemnification

You agree to indemnify and hold harmless KVCHosting.com llc., and our subsidiaries, affiliates, directors, officers, employees against any and all claims, losses, demands, damages, expenses, settlements.

14. Disclaimers

We make no implied warranties or representations with respect to the Affiliate Program or any services sold via KVCHosting.com. Additionally, neither of the parties will be liable for any consequences of any interruptions or errors.

15. 15. Representations and Warranties

You hereby represent and warrant to us as follows:

• This Agreement has been duly and validly accepted and executed by you. Also, it constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms.
• The execution, delivery, and performance by you of this Agreement and the consummation of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:

• any provision of law, rule, or regulation to which you are subject
• any order, judgment, or verdict applicable to you or binding upon the assets or properties,
•  any provision of your by-laws or certificate of incorporation
• any agreement or other instrument applicable to You or binding upon Your assets or properties.

• The affiliates cannot infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
• No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery and performance of this Agreement or the taking of any other action contemplated hereby.
• There is no pending or, to the best knowledge, threatened claim, action, or proceeding against you, or any Affiliate, with respect to the execution, delivery, or consummation of this Agreement, or with respect to trademarks, and, to the best of knowledge, there is no basis for any such claim, action, or proceeding.
• During the term of this Agreement, the affiliate will not include in their site content that is, in company's opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of Our Terms of Service or Acceptable Use Policy.
• Each Referred Customer and each Qualifying Purchase referred or submitted by the affiliate to the company, is valid, genuine, unique and not fraudulent and meets each of the Criteria for generating a Commission Fee as provided in this Agreement.

16. Limitations of Liability

We will not be liable for incidental, special, indirect or consequential damages, any loss of revenue, profit, and data arising in connection with this agreement. The total loss of either of the parties will not exceed the total commissions paid or payable to you under this agreement.

17. Remuneration

You need to make an agreement for indemnification and holding of undamaging the subsidiaries of the company and the associated directors, officers, agents, partners, settlement, costs and expenses.

18. Confidentiality

Affiliates and KVCHosting agrees that all information, inclusive of the terms of this agreement, business and other information, the private information of the company will remain confidential and will not be utilized for the purposes outside the terms of this agreement.
Information used should be:

• Lawful, realistic and authentic
• Disclosed in published materials
• Lawfully obtained from any third party any obligation of confidentiality to the discloser

19. Independent Investigation

The application submitted by you acknowledges that you have thoroughly read this agreement and agree to abide by all the terms and conditions. We may (directly or indirectly) request any relationships on terms, which may be variant from those contained in this agreement. You have autonomously evaluated the desirability of participating in our Affiliate Program and are not undertaking any trust on representation, statement or guarantee, other than as set forth in this agreement.
Note: The terms and conditions in this section can be altered by the company with/without any notice given to the affiliates.
I indicate the approval of the terms and conditions mentioned in this agreement and want to become an affiliate under the terms and conditions by submitted the completed Affiliate program with my genuine details and qualifying the purchases to us under the affiliate program.