Plesk International GmbH

Sitejet Affiliate Agreement

This Affiliate Agreement governs your participation in Sitejet’s Affiliate Program and is between you and Sitejet, which is a set of Services owned and provided by Websitebutler GmbH based in Berlin, Germany. In this Agreement “you” and “your” refer to you, the legal entity which you represent, company employees or any other person that is authorized to act on your behalf or on behalf of the legal entity which wants to utilize Sitejet’ Services.

By using the Affiliate Program provided by Sitejet, you acknowledge that you have read and understood this Agreement and Sitejet’s General Terms of Service and agree to be bound by all terms and conditions and any document this Agreement refers to.

1. Definitions

‘Sitejet’

‘Affiliate Program’ refers to Sitejet’s Affiliate Program.

‘Site’ refers to the website of Sitejet available at <www.sitejet.io> or any other URL which may host Sitejet websites or Services.

 ‘Affiliate’, ‘You’ and ‘Your’ refers to any participant of Sitejet’s Affiliate Program whether it is a person, a legal entity or one of its represents or an authorized agent. This term does not imply any formal association with Sitejet.

 ‘Affiliate Link’ and ‘Link’ refers to a unique Link an Affiliate receives from Sitejet for tracking their referrals.

‘Affiliate Fee’, ‘Commission’, ‘Fee’ and ‘Referral Fee’ refers to the compensation an Affiliate receives for referring Sitejet Customers who entered valid contracts after clicking on his unique Affiliate Link.

‘Affiliate Site’ refers to the website or any other means of communication through which an Affiliate publishes his Affiliate Link.

‘Affiliate Lead’ and ‘Lead’ refers to a visitor on Sitejet’s Site who entered the Website via an Affiliate Link. 

‘Referred User’ and ‘Referral’ refers to Users who entered a contract with Sitejet after clicking on an Affiliate Link.

‘Verified Purchase’ refers to a Referral whose purchase has been checked and verified by Sitejet which creates an entitlement for commission for the respective Affiliate.

Registration

To register as an Affiliate for Sitejet, you must fill out a signup form. You must provide Sitejet with full, current and accurate information when registering as an Affiliate. 

Sitejet has the right in its sole discretion to reject anyone as Affiliate as well as withdraw a given permission to act as an Affiliate for Sitejet at any time. If you have been rejected as an Affiliate you are allowed to send in a new application if you and your Affiliate Site fulfill the requirements needed.

You agree not to create an Account for someone else or use Accounts of other Affiliates without permission.

Affiliates are allowed to have just one Affiliate Account.

You are fully responsible for all activities that occur in connection with your Affiliate Account.

2. Tracking Link

Sitejet will provide Affiliates with an Affiliate Link which contains a unique ID for the tracking and reporting of the Affiliate’s Leads and Referrals. This Affiliate Link will redirect prospective Customers to Sitejet’s Website. You are not allowed to reconnect the Link with any other website.

When a Lead uses the Affiliate Link to visit Sitejet's website, a cookie is placed on his computer. This cookie allows Sitejet to associate Site visitors and prospective Referrals with the respective Affiliate.

The cookie will be active for 60 days from the date the Affiliate Lead clicked on the Affiliate Link for the first time.

Sitejet provides various options, such as banners, images or other graphical and textual material for integrating the Affiliate Link into the Affiliate Site. This does not result in any obligation to provide Affiliates with such materials.

You are responsible for ensuring that the Affiliate Link is properly integrated into your Affiliate Site. Therefore, your cooperation is required in case of possible changes or adaptations of the Link. If you do not monitor the functionality of your Affiliate Link or do not make the necessary adjustments to the Link, Sitejet shall under no circumstances be liable for malfunctions of the Affiliate Link.

It is not allowed to use any cookie stuffing technique that sets the Affiliate tracking cookie without the visitor's consent.

Affiliates may not advertise Sitejet, its products and services via search engines (e.g. Google AdWords), including but not limited to the use of direct links such as the Affiliate Link as a target of advertising especially not in connection with any or all branded or non-branded keywords.

Sitejet is in no way responsible if a Referral is unregistered for any reason.

Your use of the Link must always comply with the terms and conditions of this Agreement.

3. Verified Purchase

Contracts with a Referral are only concluded by Sitejet. The decision whether a Referral becomes a customer is thus entirely at Sitejet's discretion.

Each step from order processing to contract fulfillment, Sitejet's service, termination, payment processing and any other process associated with a purchase or Sitejet customer is the sole responsibility of Sitejet.

Sitejet reserves the right, in its sole discretion, not to enter into a contract with a Referral for the following reasons, including but not limited to, (i) if the requirements to use Sitejet are not met by the Referral, (ii) if there is suspicion of fraud or (iii)  ifthe Referral suggests a lack of creditworthiness.

A Referral cannot become a Verified Purchase if it is or was already a customer of Sitejet.

4. Commission

You will receive commission for every Referral that enters a contract with Sitejet after using the Affiliate Link associated with you and if Sitejet qualifies the purchase as a Verified Purchase.

A Referral becomes a Verified Purchase if the following conditions are fulfilled: the Referral (i) has entered into a valid contract with Sitejet, (ii) made the first payment and (iii) can be traced back to the respective Affiliate through the Affiliate Link.

Sitejet reserves the right to withhold the payment of commission if one of the following reasons occur:

(i)               There are legal restrictions or laws that make a payment impossible.

(ii)              The Referral cancels his contract within 30 days without the cancellation being caused by Sitejet.

(iii)            The conclusion of the contract cannot be qualified as a Verified Purchase e.g. due to lack of contact with the potential Customer or delays in communication.

(iv)            The conclusion of the contract appears to be a fraud or is part of another illegal activity.

(v)              The Affiliate is in breach of any terms of this agreement

If a Lead does not enter into a contract with Sitejet within 60 days of their first click on the Affiliate Link, you are not entitled to a commission, even if the customer decides to enter a contract after the 60 days period has passed. The same shall apply if a visitor clicks on the Link after this Agreement has expired or has been terminated, since the visitor is not considered a Lead generated by you.

Sitejet reserves the right to change the Commission rates at its sole discretion.

Sitejet will determine the currency in which the Commission is paid as well as the applicable conversion rate.

5. Trademarks and Logos

For the duration of your participation in the Affiliate Program, you may use the advertising materials provided by Sitejet and the official logo on your Affiliate Site purely for the purpose of promoting Sitejet.

When using Sitejet logos and trademarks, the following provisions must be followed:

(i)               You may only use advertising material like images, graphics or texts that have been provided or authorized in writing by Sitejet. You may not change or edit these materials in any way.

(ii)              You may only use these logos and trademarks in connection with this Affiliate Program and within the terms and conditions of this Agreement.

(iii)            You are obliged to delete or remove the logos and trademarks immediately if Sitejet requests you to do so.

(iv)            You may only use these logos and trademarks for the duration of your participation in this Affiliate Program.

(v)              You may not use these logos and trademarks in a way that conveys false or misleading information or perceptions about Sitejet and its Services.

(vi)            You are not allowed to display Sitejet’s logo and trademarks in a way that suggests support or participation in promotion for products provided by you or third parties.

(vii)           You may not display Sitejet’s logos and trademarks in a manner that violates the rights of third parties, legal regulations or laws.

6. Acceptable Use Policy

You may use the Affiliate Link for the sole purpose of promoting Sitejet.

You are not allowed to promise discounts, reductions or the like to Leads to convince them to sign a contract with Sitejet. The only offers that may be communicated by you to a Lead are those published or authorized in writing by Sitejet.

The Affiliate understands and agrees that it is not allowed to copy or mirror the look of any of Sitejet’s Websites. Furthermore, the Affiliate is not entitle to create a Website that gives the impression that that there is any kind of connection to Sitejet.

During your participation in this Affiliate Program, you will not behave contrary to Sitejet’s General Terms of Service, this Agreement, applicable laws and regulations and you will especially not, without limitation, do any of the following:

(i)               make false or misleading statements about Sitejet or its Services especially if these are used with the purpose of tricking visitors into a contract with Sitejet;

(ii)              harm Sitejet’s reputation in any way possible;

(iii)            promote Affiliate Links or other Content related with Sitejet in connection with illegal, racist, misleading, sexually explicit, discriminating or violent content;

(iv)            violate third party intellectual property, privacy or any other rights of any kind in connection with this Affiliate Program, Sitejet or its Services;

(v)              send or otherwise post unauthorized commercial communications (such as spam) through in connection with the Affiliate Program.

7. Coupons and Deals

Sitejet may occasionally offer coupon to select Affiliates or to its potential customers. If the Affiliate is not pre-approved / assigned a branded coupon, then they are not allowed to promote the coupon. Below are the terms that apply for any Affiliate who is considering the promotion of our products in relation to a deal or coupon:

(i)     Affiliatesmay not use non-existent or fabricated coupons to promote Sitejet.

(ii)    Affiliatesmay not “poach” existing Sitejet customers by advertising false discounts or non-existent coupons or promotions to place Affiliate cookie on visitor’s browser to “hijack” referrals or sales.

(iii)  Affiliatesmay not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific Affiliate.

(iv)  Affiliatesmay not bid on Sitejet Coupons, Sitejet Discounts or other phrases implying coupons are available. This includes, but not limited to: sitejet deal, sitejet voucher, sitejet code, sitejet discount, sitejet coupon, sitejet.com, site jet, sitejet.io, sitejet io, sitejet.

(v)    Affiliatesmay not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the Sitejet site.

(vi)  User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).

(vii)  Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

(viii)                    Sitejet reserves the right to cancel any coupon related sales and/or cancel commissions resulting from coupon “poaching” practice described above.

8. Intellectual Property

(A)             Proprietary Rights

Sitejet encourages Customers and Affiliates to share feedback and suggestions for improving the product and services. If you submit suggestions, comments or any other kind of feedback regarding Sitejet's existing features and Services or if you provide ideas and suggestions for improvements ("Feedback"), you accept that any submitted Feedback is exclusively owned by Sitejet, even after this Agreement is terminated. By submitting Feedback to Sitejet you acknowledge that your Feedback is gratuitous, unsolicited, without restriction and free of any compensation. You hereby agree and understand that you automatically forfeit your right to any intellectual property rights and entitle Sitejet to use such Feedback for improving its Services in various ways such as development of features or customer support. In addition, you accept that any contact between you and Sitejet such as emails or messenger history becomes Sitejet’s sole and exclusive property.

9. Relationship of Parties

Sitejet and the Affiliate are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

10. Disclaimer of Warranties

You acknowledge and accept that your participation in this Affiliate Program and  your use of sitejet.io and its Services are at your own risk and responsibility. You understand and agree that sitejet.io, its Services and its Programs are provided “as is” and “as available” with no warranties of any kind, whether expressed or implied, including, but not limited to warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, freedom of interruption, performance, system integration, viruses or other defects and non-infringement. Sitejet, its employees, suppliers, licensors, partners, contractors and successors do not guarantee that sitejet.io or any of its Services or Programs will be uninterrupted, timely, secure, error-free, free of viruses or other harmful defects or that defects will be corrected. Sitejet cannot and does not grant any guarantee regarding any specific outcome of your use of Sitejet and your participation in its Programs.

To the fullest extent permitted by applicable law Sitejet, its employees, suppliers, licensors, partners, contractors and successors take no liability or responsibility for any damages, costs, losses, mistakes or errors resulting from the use or access of Sitejet and its Services and your participation in this Affiliate Program including, but not limited to: (i) any kind of damage to your property, (ii) any unauthorized access to or use of Sitejet's secure servers (iii) loss of or damage to data, (iv) any interruption or delays of transmission when using Sitejet's Services or participating in its Programs (v) any viruses, bugs or other harmful defects, (vi) Content that is published by you, your Customers or Visitors which may be illegal or which violates the rights of a Third Party and/or (vii) the use of Third Party applications or services by you, your Customers and users or Sitejet on your behalf.

11. Indemnity

You will indemnify and hold harmless Sitejet, and its employees, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising in connection with this Agreement, this Affiliate Program, content which you provide, or your violation of these Terms.

12. Limitation of Liability

To the fullest extent permitted by applicable law Sitejet, its employees, officers, agents, successors, suppliers, assignees or licensors shall not be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, arising in connection with this Agreement or the use of this Affiliate program even if Sitejet has been advised of the possibility of those damages and even if a remedy fails of its essential purpose.

Sitejet, its employees, agents, and its directors do not accept any liability and you hereby agree to release Sitejet of any liability arising (whether directly or indirectly) out of the information provided through the Platform, or any errors, in or omissions from information on the Platform. Sitejet is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site, nor caused by the delay, malfunction of the operation or the availability of the Platform or the Program.

Sitejet takes no responsibility for the duration of the cookie. The cookies used for this affiliate program have a duration of 60 days. If an Affiliate Lead deletes his browser's cookies during this time, Sitejet may under no circumstances be obliged to pay you a commission.

13. Changes

You acknowledge and agree that Sitejet may change or modify any terms within this Agreement in order to comply with changes of applicable laws and regulations or if Sitejet considers changes to be necessary to continue providing the Affiliate Program.

14. Termination

The term of this Agreement shall be effective with Sitejet’s acceptance of your Affiliate Program application and will end when terminated by either party by written notice, with or without cause.

The termination of this Agreement has no effect on commissions generated by you based on your Referrals until the date of termination. The commission will be paid 30 days after a purchase becomes a Verified Purchase.

Leads and Referrals which are generate after the date of termination expires do not entitle to commission.

Sitejet has the right in its sole discretion to cancel your Affiliate Account as a result of your breach of this Agreement. If this event occurs you forfeit your right to any existing or prospective commission based on your Referrals.

Sitejet may also cancel your Affiliate Account if your action, behavior or advertisement has a negative effect on Sitejet or its Services, Customers or partners. 

 

Upon Termination you forfeit the right to use any material connected to Sitejet e.g. its trademarks and logos. You therefore shall immediately remove all Tracking Codes, Ads and other material related with Sitejet and its Affiliate Program from the Affiliate Site or any other means of communication. 

15. Governing Laws and Choice of Forum

This Agreement shall be governed by and construed under the laws of the Federal Republic of Germany, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Germany by the Germany residents. You agree that if you have any dispute with Sitejet you will contact Sitejet in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the official courts in Germany.

16. Final Provisions

Publicity. All media releases, public announcements and public disclosures by the Affiliate relating to this Agreement or its subject matter, including promotional or marketing material, shall be coordinated with and approved by Sitejet and Affiliate prior to release. Users hereby grant Sitejet the right to display Affiliate’s logo, marks or other information on the Site or any other marketing material as a reference.

Assignment. Either party may only assign or transfer its rights or obligations under this Agreement with the other party’s prior written consent (such consent not to be unreasonably withheld).

Entire Agreement. The terms of this Agreement constitute the entire agreement between the parties regarding its subject matter and supersede and replace any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same.  Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently) and that party's only remedies shall be for breach of contract as provided in this Agreement.

Severance. If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.

Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Force Majeure. For the purpose of this Agreement Force Majeure Event shall mean any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any Third Party, governmental regulations, fire, flood, disaster, civil riot or war). A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay to perform its obligations under this Agreement shall forthwith notify the other, and shall inform the other of the period for which it is estimated that such failure or delay shall continue. The affected party shall take reasonable steps to mitigate the effect of the Force Majeure Event.

Waiver. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

Miscellaneous. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and Sitejet as a result of your participation in this Affiliate Program

Language. These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.