Cherry Servers Affiliate Program Agreement
PLEASE READ THIS AFFILIATE PROGRAM AGREEMENT CAREFULLY.
This is a contract between you (the “Affiliate”) and Cherry Servers, UAB or an applicable Cherry Servers Affiliate (“Cherry Servers”). It describes how we will work together and other aspects of our business relationship.
The Affiliate Program Agreement applies to your participation in Cherry Servers Affiliate Program (the “Affiliate Program”). We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms, we or the Affiliate Tool will let you know via electronic means, which may include an in-app notification or by email.
1. Definitions
1.1. “Agreement” means this Affiliate Program Agreement together with any applicable Program Policies.
1.2. “Cherry Servers Affiliate” means a company owned, operated, or controlled by Cherry Servers, UAB.
1.3. “Affiliate Program” means our affiliate program as described in this Agreement.
1.4. “Affiliate Lead” means a customer prospect who clicks on the Affiliate Link that we have made available to you via the Affiliate Tool.
1.5. “Affiliate Link” means the unique tracking link you place on your site or promote through other channels.
1.6. “Affiliate Tool” refers to the tool or platform used to participate in the Affiliate Program.
1.7. “Commission” means an amount described in the Affiliate Tool (or Program Policies) for each Customer Transaction.
1.8. “Customer” means the authorized actual user of Cherry Servers Services who has purchased or signed up after being an Affiliate Lead.
1.9. “Customer Transactions” means those transactions by Affiliate Leads that are eligible for Commission.
1.10. “Customer Data” means all information that Customer submits or collects via Cherry Servers Services.
1.11. “Cherry Servers Content” means all information, data, software, and materials incorporated into our services.
1.12. “Cherry Servers Services” means both the Commission Services and Other Services.
1.13. “Program Policies” means the documentation where we provide all current guidelines and policies for the Affiliate Program.
1.14. “Other Services” means Cherry Servers products and services not included in the Commission Services (e.g., consulting, customization, third-party services).
1.15. “Commission Services” means Cherry Servers Services eligible for Commission under this Agreement.
2. Relationship between the Parties
2.1. This Agreement is between you and the relevant Cherry Servers Affiliate stated in the Program Policies. If none is specified, it is between you and UAB Cherry Servers.
2.2. The Agreement is non-exclusive. Both you and Cherry Servers may work with other partners and promote competing products or services.
2.3. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.
3. Joining the Affiliate Program
3.1. After you submit an application, Cherry Servers will review it and notify you of approval or rejection within thirty (30) days.
3.2. Acceptance into this Program does not guarantee participation in other Cherry Servers partnership programs.
3.3. You must follow this Agreement and Program Policies at all times.
3.4. Using the Affiliate Tool may be required; Cherry Servers is not responsible for third-party tool performance or availability.
4. Eligible Transactions and Commissions
4.1. Commission Structure
You will earn a 10% commission on all valid Customer Transactions related to Cherry Servers’ VPS, Storage VPS, Dedicated Servers, and GPU Servers. No cost-per-lead (CPL) payments are offered under this Program.
4.2. Eligibility Criteria
Commissions are earned only if:
- The Affiliate Lead is valid and accepted by Cherry Servers.
- A qualifying Customer Transaction occurs.
- The Customer remains active during the locking period defined in the Program Policies.
Commissions will not be paid if:
- Prohibited by applicable laws or regulations;
- The Customer disputes or refuses to allow commission payments;
- The Customer pays you directly for referral;
- The transaction results from fraudulent activity, cookie stuffing, pop-ups, hidden frames, redirects, or misleading practices;
- The Customer is already participating in another Cherry Servers partner program that offers referral fees.
4.3. Service Scope Limitations
Commissions apply only to first-hand Cherry Servers services. No commissions will be paid for second-hand services (such as third-party licenses, abuse fines, government taxation, or custom support charges).
4.4. Lead Acceptance
Cherry Servers determines whether an Affiliate Lead is valid. Leads that do not convert within the timeframe specified in Program Policies will not be eligible for Commission.
4.5. Pending Commissions
Commissions are classified as pending for the first thirty (30) days after invoicing of the referred user. This ensures compliance with Terms of Service and protection against refunds or chargebacks.
4.6. Approved Commissions
Pending commissions convert to approved commissions thirty (30) days after the invoicing date. Approved commissions are then eligible for payment.
4.7. Payment
- Approved commissions can be withdrawn once they reach a total of €50.
- Once your overall commission amount reaches €50, the system will generate your invoice for the commissions.
- Payments are processed between the 20th and 25th day of each month, after your invoice has been generated.
- Payments are issued to your PayPal, SEPA, or cryptocurrency account, depending on your provided details.
- Cherry Servers does not cover banking fees or taxes applied during transfers.
- Payment amounts reflect your “Approved Earnings” visible in the Affiliate section of your Client Portal.
4.8. Payment Requirements
You must provide accurate payment and account details, including full legal name, surname, personal identification number, and address.
4.9. Forfeiture
If you fail to meet payment requirements within six (6) months of a Customer Transaction, the Commission for that transaction will be permanently forfeited.
4.10. Currency
Commissions are paid in EUR, unless otherwise specified by Cherry Servers.
4.11. Taxes
You are solely responsible for any taxes or applicable bank fees.
4.12. Cookie Tracking
Affiliate tracking cookies last 90 days and operate on a last-click-wins basis.
5. Training and Resources
Cherry Servers may provide educational materials, webinars, or promotional assets to support your participation. We may update or withdraw such resources at any time.
6. Brand & Trademark Usage
6.1. Use of Your Brand
By joining the Cherry Servers Affiliate Program, you allow Cherry Servers to display your company name, logo, or other trademarks only for the purpose of showing that you are our affiliate partner (for example, on our website, marketing materials, or partner listings). This permission is non-exclusive and royalty-free.
6.2. Use of Cherry Servers Brand
You may use Cherry Servers’ trademarks only as provided via the Affiliate Tool and in line with Program Policies. Immediate compliance with any request to stop use is required.
6.3. Brand Keywords Restriction
You may not purchase, bid on, or otherwise target advertising that competes with Cherry Servers’ own advertising, including branded keywords such as “Cherry Servers,” “CherryServers,” “cherryservers.com,” “Cherry Server,” “Cherry Servers VPS,” “Cherry Servers hosting,” their misspellings, or variations.
You must add these branded terms as negative keywords in all paid campaigns. Use of Cherry Servers’ brand in ad copy, display URLs, or subdomains is prohibited unless you obtain prior written consent.
7. Intellectual Property Rights
7.1. Cherry Servers’ Rights: All Cherry Servers Services and Content are protected by intellectual property laws. No rights or licenses are granted to you beyond those explicitly stated in this Agreement.
7.2. Customer Rights: Customers retain full ownership and control of their Customer Data.
8. Confidentiality
Confidential Information includes any non-public information about Cherry Servers’ technology, customers, business plans, finances, and operations. You must not disclose or use Confidential Information except as required for participation in the Affiliate Program or with Cherry Servers’ written consent.
9. Compliance & Marketing Practices
You must respect all opt-out, unsubscribe, “do not call,” and “do not send” requests. You must comply with all applicable laws, including Republic of Lithuania and European Union regulations, as well as international trade and data protection requirements. You must not engage in deceptive, misleading, or unlawful marketing practices.
10. Term & Termination
10.1. This Agreement remains in effect while you participate in the Affiliate Program.
10.2. Either party may terminate without cause by giving thirty (30) days’ written notice.
10.3. If Cherry Servers updates this Agreement, you may terminate with five (5) days’ written notice, provided you notify us within ten (10) days of receiving notice of the changes.
10.4. Cherry Servers may terminate immediately if you breach this Agreement, fail to make due payments, become insolvent, or act in a way that harms Cherry Servers’ reputation.
10.5. Upon termination, you must stop using Cherry Servers’ trademarks and the Affiliate Tool. You will not be entitled to any further commissions beyond what is approved prior to termination. All outstanding approved commissions meeting the €50 threshold will be paid to your chosen payment method on the final day of the Contract.
11. Indemnification
If your actions cause Cherry Servers to face legal claims or losses, you will take responsibility, including covering reasonable legal costs, if such claims arise from your participation, your data disclosures, violation of this Agreement, or Cherry Servers’ authorized use of your brand.
12. Disclaimers & Liability
12.1. Cherry Servers provides the Affiliate Program and tools “as is” without any warranties.
12.2. Neither party is responsible for indirect damages such as lost profits or goodwill.
12.3. Maximum liability is capped at the total commissions earned during the six (6) months before a claim.
12.4. Cherry Servers is not responsible for third-party tool availability or errors.
13. Governing Law & Dispute Resolution
13.1. This Agreement is governed by the laws of the Republic of Lithuania and EU regulations.
13.2. Disputes shall be resolved in the courts of Šiauliai, Lithuania, unless settled amicably beforehand.
14. Miscellaneous
14.1. Cherry Servers may update this Agreement at any time. Updates take effect the next business day after notification.
14.2. Neither party is liable for delays caused by force majeure events.
14.3. Except for commission or IP matters, no legal action may be brought more than one (1) year after the cause arises.
14.4. You may not assign this Agreement without Cherry Servers’ consent. Cherry Servers may assign it in cases of merger, reorganization, or sale.
14.5. This Agreement and Program Policies form the complete agreement.
14.6. The Agreement is drafted in English; translations are for convenience only.
14.7. No third parties receive rights under this Agreement.
14.8. This Agreement is non-exclusive. You are free to work with other programs, and Cherry Servers may engage other affiliates.
