Affiliate Program Service Agreement
This Affiliate Program Service Agreement (“Services Agreement”) sets forth the terms and conditions of your use of Circle ITC Affiliate Program (“Affiliate Program”) and serves to supplement the Registration Agreement (“Agreement”) between you on the one hand and Circle ITC Limited (“Circle ITC”) on the other. In this Agreement “you” and “your” refer to you or any agent, employee, servant or person authorized to act on your behalf, and the registrant listed in the WHOIS contact information for the domain name. “We”, “us” and “our” refer to Circle ITC Limited (“Circle ITC”).
This Services Agreement explains our obligations to you, and explains your obligations to us for the Affiliate Program offered by Circle ITC. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Circle ITC service(s) or products or to cancel your Circle ITC service(s) (even if we were not notified of such authorization), this Services Agreement covers such service or actions.
- DESCRIPTION OF THE AFFILIATE PROGRAM
To enroll in the Affiliate Program, you must have an active Circle ITC account, subject to and in compliance with the requirements of the Circle ITC Registration Agreement. Acceptance into the Affiliate Program is at our sole discretion, which may be withheld for any reason or for no reason at all.
Circle ITC Affiliate Program allows you to provide a platform for advertising Circle ITC via your “web site” or “publishing location” (such as an electronic newsletter or blog), thereby driving traffic to Circle ITC web site or web site content, whereby you may earn a portion of the revenue generated (“commission”) if a person or entity that is not you (“visitor”) makes their first purchase of a Circle ITC product or service after being referred to the Circle ITC web site from an internet hyperlink (“link”) contained on your web site or publishing location.
After being referred to the Circle ITC web site from a link contained on your web site or publishing location, visitors have fifteen (15) days to complete their purchase in order for you to receive a commission. Should the visitor click on another web site or publishing location’s link that is not controlled by you, or return to the Circle ITC web site via another source-coded advertising link during the initial fifteen (15) days, your link will be overwritten and you will not receive a commission for that visitor’s purchase.
You acknowledge and agree that only first purchases completed by visitor through Circle ITC web site will be eligible for a commission.
All Circle ITC products and services will be eligible for a commission – except premium domains, domains bought at Circle ITC Marketplace, hosting add-on products, additional mailboxes for Circle ITC Private Email, and additional domains for SSL certificates.
You are not eligible for a commission payment on purchases made by you, your employees, agents, representatives, or contractors, as well as made from several accounts owned by the same person as far as commission is paid for the first purchase only made by a certain person; and Circle ITC employees (and their immediate family members) are not allowed to participate in Circle ITC Affiliate Program.
- AFFILIATE RESTRICTIONS
Linking to Circle ITC website Upon acceptance into the Affiliate Program, links and banners will be made available to you through the affiliate interface. You acknowledge and agree that you shall not:
- Use the Circle ITC logo without our prior written approval. The Circle ITC logo shall be removed from your publishing location immediately upon request. Circle ITC may lock your affiliate account immediately and without further notice if you fail to remove the Circle ITC logo from your publishing location upon request;
- Use any creatives that do not comply with Circle ITC guidelines. If your creative requirements are not met by our current content offering, please contact us to discuss your individual needs;
- Create domain forwarding directly to our site using your affiliate link;
- Engage in activities that Circle ITC determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation.
You also acknowledge and agree that your web site or publishing location shall not:
- Include the Circle ITC trademark, trademark with keywords or any misspellings in any domain names;
- Contain false, inaccurate or misleading information about Circle ITC products and services;
- In any way copy or resemble the look and feel of Circle ITC’s web site or web site content, and You shall not create the impression that Your web site or publishing location is part of Circle ITC’s network of web sites;
- Display, promote or sell illegal content, or offer any illegal product or service;
- Engage in sending unsolicited commercial email (“spam”) or indiscriminate advertising;
- Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by Circle ITC in its sole discretion;
- Violate any applicable law;
- Advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity;
- Contain links to web sites containing any of the aforementioned content;
- Cause any purchases to be made that are not in good faith (such as using any device, program, robot iframes, or hidden frames, use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link, etc.)
Pay-Per-Click (PPC) Guidelines You acknowledge and agree that you shall not:
- Bid on terms in any search engine that mention Circle ITC, Circle ITC.com or any of its derivatives and misspellings, Circle ITC with keywords such as but not limited to «Circle ITC coupons», «Circle ITC promos», «Circle ITC promotions»;
- Use Circle ITC trademark, trademark with keywords or any misspellings in their domain names;
- Use direct linking to Circle ITC.com from any paid search ads;
- Use Circle ITC.com as a display URL.
Coupon Guidelines If you are enrolled in our Affiliate Program and your publishing location promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
- You may only advertise coupon codes that are provided to you through the Affiliate Program;
- Posting any information about how to work around the requirements of a coupon/promotion (i.e. first-time customers only) will result in removal from the Affiliate Program;
- Coupons must be displayed in their entirety with the full offer, valid expiration date and code;
- You may not use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s);
- You may not advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign;
- You may not give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if all domain registrations include free 1-year WhoIs Privacy Protection subscription, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
You acknowledge and agree that Circle ITC may terminate Services if you, your web site or your publishing location violates, as determined by Circle ITC in its sole discretion, any of the aforementioned restrictions or additional restrictions.
- We will pay you a flat 15% commission on any first sale completed by visitors who are not already Circle ITC customers. Circle ITC will hold the commissions on all orders for thirty (30) days from the purchase date. After this time, commission will be paid out to either your Circle ITC account funds or PayPal (for PayPal, there is a minimum requirement currently set to $100 [US dollars]).
- You acknowledge and agree that, in the case of coupons / sales / discounts / cashback / loyalty sites, you may be offered a lower commission than the standard rate described above.
- You further acknowledge and agree that commissions for orders with promotion coupon codes will be accumulated only in case these coupons are exclusively provided through Circle ITC Affiliate Program. Circle ITC reserves the right to not pay commissions on any purchases made with any other coupon codes. All other affiliate commissions, including those earned on sales in violation of the above coupon code policy, will be reversed.
You acknowledge and agree that no commission is payable if your web site or publishing location:
- Contains software or uses technology that attempts to intercept, divert or redirect Internet traffic to or from any other web site, or that potentially enables the diversion of affiliate commissions from another web site. This includes toolbars, browser plug-ins, extensions and add-ons;
- Sends traffic to Circle ITC.com that is generated by pay-to-click, pay-to-read, banner exchanges, click exchanges, cost-per-view (CPV) advertising, pop-up/under, purchased traffic or similar methods;
- Replaces DNS errors caused by mistyping the domain name Circle ITC.com with a page showing the appropriate Circle ITC banner or affiliate link to our web site.
Circle ITC will track all commissions earned and may, at its sole discretion, decide not to pay any commission to you should we believe that any referral has been made in violation of its guidelines, due to visitor/customer fraud, or due to visitor/customer contract cancellation. It is your sole and absolute duty to follow precisely this Agreement and its guidelines at all times. Circle ITC is under no obligation whatsoever to pay any commission to any affiliate who does not strictly follow this Agreement and its guidelines, as modified from time to time.
- YOUR RESPONSIBILITY
As an affiliate, we provide you with the links and banners necessary to promote Circle ITC products and services, which you may display in any area of your web site or publishing location as you wish. The links will identify your site as a member of our Affiliate Program and will establish a link from your web site or publishing location to ours. You acknowledge and agree it is your sole responsibility to indicate your correct unique affiliate ID in the promo materials you use on your web site or publishing location. You may promote the products and services that Circle ITC offers in any manner you choose unless it misleads visitors about Circle ITC services.
- OUR RESPONSIBILITY
Circle ITC is responsible for payment processing, cancellations, returns and other related customer service for Circle ITC products and services. However, Circle ITC will not be responsible for lost sales due to technical difficulties preventing Circle ITC from registering a domain name or providing any other product or service to the visitor. Circle ITC is also responsible for tracking affiliate sales and commissions and providing this information to the affiliate via activity reporting tool available within Circle ITC account.
- FTC DISCLOSURE POLICY
At Circle ITC, our aim is to treat customers fairly and, together with our affiliates, to comply with all Federal Trade Commission regulations that relate to advertising that include, but are not limited to, Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising. Among other criteria it requires that material connections between advertisers and endorsers must be fully disclosed. This means that affiliates that provide an assessment or endorsement of an advertiser (Circle ITC) must disclose financial or in-kind compensation that is provided by advertiser.
Circle ITC reserves the right to withhold referral fees and cancel the affiliate relationship with you, should we find, at our discretion, that you do not comply with Circle ITC’s FTC disclosure policy or any other FTC regulations or guidelines we view as applicable.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO BACKEND SERVICE PROVIDER OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
- INDEMNITY AND DEFENSE
With respect to ICANN, the registry operators, and Circle ITC, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under the Agreements, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under these Agreements, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of these Agreements by you. The terms of this paragraph will survive any termination or cancellation of the Agreements.
- LEGAL AGE
You attest that you are of legal age to enter into this Services Agreement.
- FINAL AGREEMENT
This Services Agreement, the referenced agreements, the ICANN Policy and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Services Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
- NO AGENCY RELATIONSHIP
Nothing contained in this Services Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Services Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Services Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
- ASSIGNMENT AND RESALE
Except as otherwise set forth herein, your rights under this Services Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Services Agreement, whether by attachment, levy, garnishment or otherwise, renders this Services Agreement voidable at our option.
- FORCE MAJEURE
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Circle ITC, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Circle ITC may immediately terminate this Services Agreement.
The section headings appearing in this Services Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.