Plesk International GmbH
Program Terms
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) if
the
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.
(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)
Affiliates
may
not use non-existent or fabricated coupons to promote Sitejet.
(ii)
Affiliates
may
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)
Affiliates
may
not use misleading text on affiliate links, buttons or images to imply
that
anything besides currently authorized deals to the specific Affiliate.
(iv)
Affiliates
may
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)
Affiliates
may
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.