This Affiliate Agreement ("Affiliate Agreement") contains the complete terms and conditions between, Endurance International Group India Private Limited operating as Bluehost India ("Bluehost India") and you, regarding your application to and participation in, the Bluehost India Affiliate Program (the "Affiliate Program") as an affiliate (an "Affiliate") of Bluehost India, and the establishment of links from your website to our website, https://www.bluehost.in.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AFFILIATE AGREEMENT AND THE Bluehost TERMS AND CONDITIONS.
Enrollment in the Affiliate Program
FTC Endorsement Compliance
In addition to the obligations set forth in Section 4 (FTC Endorsement Compliance), Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist Bluehost India in complying with any data subject rights request under the GDPR that Bluehost India may receive from any individuals referred to Bluehost India by Affiliate. Affiliate further agrees to promptly assist Bluehost India in complying with any duties to cooperate with supervisory authorities under the GDPR.
Bluehost India will process orders placed by Referred Customers who follow the Links from your Affiliate Site to Bluehost India’s website. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Bluehost India’s services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through the Affiliate Platform. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your Affiliate Site and our website are properly formatted.
Commission Determination; Qualified Purchases
Commission Fees will be calculated based on the commission rates stated on the Bluehost India website for each Qualified Purchase subject to commission accruing pursuant to Section 8 below. A “Qualified Purchase” does NOT include any of the following:
A purchase by a Referred Customer that has transferred from any Bluehost India partner or entity that owns, is owned by, or is under common ownership with Bluehost India.
A purchase by a Referred Customer who is also associated with any other Bluehost India referral program.
A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program.
A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.
A purchase by a Referred Customer that has not been in good standing for a period of at least thirty (30) days or is in violation of Bluehost India’s Terms of Service, Acceptable Use Policy, or other applicable policies at the time the Commission Fees accrue.
A purchase that Bluehost India suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same Referred Customers, or the referral of accounts that do not comply with this Affiliate Agreement.
A purchase referred by an Affiliate that has an excessive cancellation rate as determined in Bluehost India’s sole discretion
A purchase by a Referred Customer who was offered or received coupons, refunds, credits or discounts from the Affiliate not authorised by Bluehost India.
A purchase by a Referred Customer who is in or is promoting a business-opportunity program (as determined by us in our sole discretion), using marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal.
A purchase by a Referred Customer who received a popup with a discounted offer, while leaving Bluehost India’s website during their purchase.
A purchase by a Referred Customer engaging in "Domain Speculation," which is determined by the identification of two (2) web hosting accounts with the same Referred Customer's name, email address, or other identifying characteristic as determined by Bluehost India and/or the identification of two (2) or more web hosting accounts that have no content on their websites or have similar content, templates or formatting, as determined in Bluehost India’s sole discretion.
A purchase by a Referred Customer who, prior to such purchase, clicked through a Link established by another affiliate under this Affiliate Program.
A purchase by a Referred Customer more than ninety (90) days after clicking through the Affiliate Link.
Bluehost India reserves the right to withhold payment of Commission Fees to Affiliates who are new to the Affiliate Program, or who have referrals that are potentially the result of fraud as determined by Bluehost India in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
Bluehost India reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Affiliate Agreement by the Affiliate or a Referred Customer. Bluehost India reserves the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases. If no subsequent Commission Fees are due and owing, Bluehost India may send Affiliate a bill for the balance of such refunded purchase upon termination of Affiliate’s participation in the Affiliate Program or termination of the Referred Customer.
Bluehost India reserves the right to immediately cancel or withhold for later review any Commission Fees that fail to meet the criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees; Bluehost India is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been canceled or withheld, Affiliate has thirty (30) days from the day the payment would have been due to contact Bluehost India to request that the Commission Fee be paid. Any changes to decisions about canceled or withheld Commission Fees are strictly made in Bluehost India’s sole discretion.
Commissions for any Referred Customer who is associated with any other Bluehost India referral program may not be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.
In the event that the Referred Customers that are referred to Bluehost India by an Affiliate are determined to have an excessive cancellation rate, as determined by Bluehost India in its sole discretion, Bluehost India reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.
Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud Bluehost India or any violation of the terms of this Affiliate Agreement constitutes immediate grounds for Bluehost India to terminate the Affiliate’s participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
We use cookie based tracking to track and award sales made through the Link. Our cookies are valid for ninety (90) days and are awarded on a last click basis, which means clicking the Link before signing up will overwrite any other affiliate cookie currently in the system. Also, deleting cookies after clicking the Link (but before signing-up or paying-up) disables tracking and monitoring these clicks and any sale they may lead to.
Commission Accrual & Payments
Reports of Qualified Purchases
You may log into your Affiliate Console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases. As such, Commission Fees may not be issued for all Referred Customers that appear in the Affiliate Console.
You are solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to our website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to Bluehost India’s Products and Services); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters.
We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you are in compliance with the terms of this Affiliate Agreement. If you are not in compliance, we may terminate your participation in the Affiliate Program effective immediately.
Bluehost India’s Responsibilities
We will provide all of the information necessary for you to make Links from your Affiliate Site to our site. Bluehost India will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for Bluehost India’s Products and Services placed by a Referred Customer, for tracking the volume and amount of Qualified Purchases generated by your Affiliate Site, for providing information to Affiliates regarding Qualified Purchase statistics, and for providing Referred Customers with the services purchased.
Policies and Pricing
Referred Customers who buy Bluehost India’s Products and Services through our affiliate network are deemed to be Bluehost India customers. Bluehost India’s Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, Bluehost India determines the prices to be charged for Bluehost India’s Products and Services sold through the affiliate network in accordance with our own pricing policies. Prices and availability of Bluehost India’s Products and Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on our website, but we cannot guarantee the availability or price of any particular Bluehost India Product or Service.
You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages without Bluehost India’s prior written consent, to be granted or denied in Bluehost India’s sole discretion, in each instance. Additionally, you may only send emails containing a Bluehost India affiliate link and or a message regarding Bluehost India or the Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section 13 and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Affiliate Agreement by you and will result in the forfeiture by you of any and all rights you may have to any Commission Fees and the termination of your participation in the Affiliate Program. Further, if your account has excessive clicks in a very short period of time as determined by Bluehost India in its sole discretion, the Affiliate relationship may be terminated.
Subject to the limitations set forth in this Affiliate Agreement, including Section 3, we grant you a non-exclusive, non-transferable, non-assignable, revocable license to (i) provide access to Bluehost India’s website through the Links solely in accordance with the terms of this Affiliate Agreement; and (ii) use Bluehost India’s IP for the sole purpose of promoting Bluehost India’s Products and Services on your Affiliate Site. You may not alter, modify, or change Bluehost India’s IP in any way or use Bluehost India’s IP in any manner that is disparaging or that otherwise portrays Bluehost India, any Bluehost India employee, representative or customer in a negative light. You are only entitled to use Bluehost India’s IP in compliance with the terms of this Affiliate Agreement. Your license to use Bluehost India’s IP shall immediately terminate upon the termination of your participation in the Affiliate Program for any reason. We reserve all of our rights in Bluehost India’s IP and your license to use Bluehost India’s IP is limited to the manner described herein. Bluehost India may review your Affiliate Site to ensure compliance with this Affiliate Agreement at any time.
You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the "Affiliate Trademarks") in any advertisement or other materials used to promote Bluehost India and the Affiliate Program. For the avoidance of doubt, Bluehost India may, but is not obligated to use the Affiliate Trademarks at is sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program.
The terms of this Affiliate Agreement are effective upon your submission of an application to the Affiliate Program and shall remain in effect until either party terminates your participation in the Affiliate Program (the “Term”). Your participation in the Affiliate Program may be terminated at any time by either party, with or without notice or cause.
You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term. Commission Fees earned prior to the date of termination will be eligible for payment only if the orders for the related Bluehost India Products and Services are not cancelled/suspended within thirty (30) days and comply with all of the terms of this Affiliate Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Bluehost India in its sole discretion.
Any Affiliate who violates this Affiliate Agreement, Bluehost India's Terms of Service, or any applicable law or regulation will immediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.
Bluehost India reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Affiliate Agreement, at any time for any reason, in Bluehost India's sole discretion.
We may modify this Affiliate Agreement at any time in our sole discretion, and any modifications shall take effect when posted on our website. Your continued participation in the Affiliate Program following the posting of any modification on our website will constitute your binding acceptance of the modified terms. Modifications may include, but are not limited to, changes in the scope of Bluehost India’s Products and Services eligible for Commission Fees, Commission Fee amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Affiliate Agreement, in which event you shall be entitled to your rights under the unmodified Affiliate Agreement in effect prior to the date of the applicable modification.
We make no express or implied warranties or representations with respect to the Affiliate Program or any Bluehost India Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our websites will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.
Relationship of Parties
You and Bluehost India are independent contractors, and nothing in this Affiliate 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 Affiliate Site or otherwise, that contradicts anything in this Section 18.
Representation and Warranties
You hereby represent and warrant to us as follows:
You have reviewed and understand this Affiliate Agreement and agree to be bound by its terms.
Your acceptance of this Affiliate Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to Bluehost India the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.
You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Affiliate Agreement
There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or in violation of our Terms of Service or Acceptable Use Policy.
Each Referred Customer is valid, genuine, and unique and meets the criteria of a Qualified Purchase for generating a Commission Fee as provided in this Affiliate Agreement.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AFFILIATE AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AFFILIATE AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
You hereby agree to indemnify and hold harmless Bluehost India and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.
Each of the parties hereto agrees that all information including, without limitation, the terms of this Affiliate Agreement, business and financial information, Bluehost India customer and vendor lists, or pricing and sales information (including without limitation commission rates), shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Affiliate Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party not under any obligation of confidentiality to the disclosure hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) pursuant to a valid subpoena or order issued by a court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder. In the event of such disclosure, the receiving party shall give the disclosing party prior notice before releasing any information unless giving such notice is prohibited.
You understand that we may at any time (directly or indirectly) solicit Bluehost India relationships on terms that may differ from those contained in this Affiliate Agreement. We may also solicit relationships with entities that operate websites that are similar to or compete with your Affiliate Site. You have independently evaluated the desirability of participating in the Bluehost India Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Affiliate Agreement.
Governing Law. The laws of the Republic of India will apply and govern this Agreement, without regard to its principles of conflicts of laws
Binding Arbitration. By participating in this Affiliate Program, you agree to binding arbitration for any disputes or claims that arise against Bluehost India or its subsidiaries in conjunction with this Affiliate Program. An arbitration firm selected by Bluehost India will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this Affiliate Program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 as may be amended from time to time or its re-enactment. The venue for arbitration shall be Mumbai, India.
Assignment. You may not assign this Affiliate Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Affiliate Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns
Waiver. Our failure to enforce your strict performance of any provision of this Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Affiliate Agreement.
This file was last modified: June 17th, 2020.