Z.com

Z.com

Program Terms

AFFILIATE PROGRAM AGREEMENT

 

1. Overview
This Affiliate Program Agreement (hereinafter referred to as the "Affiliate Agreement" or "APA") is entered into by and between GMO-Z.com Pte. Ltd. is a limited liability company incorporated under the laws of the Republic of Singapore (hereinafter referred to as the "Z.com"). It including the signor of this Agreement (hereinafter referred to as the "Affiliate"), and is made effective as of the date of electronic acceptance.

This Agreement sets forth the terms and conditions of Affiliate’s participation in Z.com’s Affiliate Program ("Affiliate Program") and is in addition to any other agreement that Affiliate may have entered into with GMO-Z.com Pte. Ltd. by virtue of being a customer.

1.1 Definitions
• "We", "us" or "our" means Z.com; and
• "You", "your", or "affiliate" means any individual or entity who accepts this Agreement

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with GMO-Z.com Ptd. Ltd. Terms of Service Agreement, which is incorporated herein by reference. This Agreement explains our obligations to you, and explains your obligations to us under the Affiliate Program offered by Z.com. The Affiliate Program is purely a referral program by which you can earn commissions as outlined herein. Commissions are earned by you as an independent contractor and, as such, you are responsible for paying any taxes due on such commissions. In addition, you are required to provide any/all accurately completed tax related information and forms that is requested by the platform in which you enrolled. Failure to do so will result in a forfeiture of your commissions.

1.2 Changes and Modifications to the Agreement
Z.com, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Z.com website (this site, "https://web.z.com/sg/terms/"). You acknowledge and agree that (i) Z.com may or may not notify you of such changes or modifications prior to posting them to this site and (ii) your continued participation in the Affiliate Program (via any platform) after such changes or modifications have been made (as indicated by the "Last Revised" date on this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, you must formally terminate your Affiliate status.

In addition, while not required, Z.com may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account ("Account") information, including your email address, current in the Affiliate interface that you have selected. Z.com assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. Suspension or Termination of Affiliate Program Participation. Z.com reserves the right to suspend participation in the Affiliate Program in the event of an unresolved breach of this Agreement or if suspension or cancellation is required by any policy now in effect or later adopted by ICANN. You agree that your failure to comply completely with the terms and conditions of this Agreement and any Z.com rule or policy may be considered to be a material breach of this Agreement and that Z.com may provide you with notice of such breach either in writing or electronically (i.e. email). If you do not provide Z.com with material evidence that you have not breached your obligations within ten (10) business days, Z.com may terminate your participation immediately and take any remedial action available to Z.com under the applicable laws. Such remedial action may be implemented without notice to you. In addition, you acknowledge and agree that Z.com may terminate your participation as an Affiliate if: (a) you or your site violates, as determined by Z.com in its sole and absolute discretion, any of the Affiliate Restrictions outlined in Section 3 and/or any additional restrictions named; (b) for non-payment of fees, if any; and/or (c) if your site is not live, is under construction, or is a personal homepage or another personal site.

2. Description of the Affiliate Program
Acceptance into the Affiliate Program is at our sole discretion, which may be withheld for any reason or for no reason at all.

2.1 How it Works
Z.com’s Affiliate Program allows you to earn commissions on sales to new Z.com customers via advertising on your "website" or "publishing location" (such as an electronic newsletter or blog) (hereinafter "Your Site") that contains a link with your affiliate ID. This advertising will allow you to drive traffic to Z.com’s website. You will earn a percentage of the revenue generated, or commission as outlined in your platform agreement, when a person or entity (that is not you or your agent(s)) makes their first- time purchase of certain Z.com products or services ("New Customer") after being referred to through the unique affiliate link that is contained on Your Site. After being referred to the Z.com website from a link contained on Your Site, visitors have fourteen (14) days to complete their purchase for you to receive a commission. Should the visitor click on another referral link that is not controlled by you, or return to the Z.com website via another source-coded advertising link during the initial fourteen (14) days, your affiliate link will be overwritten and you will not receive a commission for that visitor’s purchase.

2.2 Enrollment
Enrollment into Z.com’s Affiliate Program can happen via any of the platforms indicated on our Affiliate page on our Z.com website ("https://web.z.com/us/affiliate-program"). Affiliates may switch between platforms but may only enroll on one platform at any given time.

2.3 Commissionable Sales
Affiliate acknowledges and agrees that Z.com will only pay for first-time purchases by new customers. Affiliate will only receive commission for purchases completed after linking through Affiliate’s unique referral link and completing such purchases within 30 days of first visiting the Z.com site. Subsequent purchases made by the same customer (including by accessing Z.com’s website directly) will not be commissionable.

2.4 Restrictions on Eligible Commissions
You are not eligible for a commission payment on purchases made by you, your employees, agents, representatives, or contractors (all considered your “agents”), as well as purchases made from several accounts owned by the same person. Commission is paid for the first purchase only made by a certain person.

3. Affiliate Restrictions
Linking to Z.com website. Upon acceptance into the Affiliate Program, links and banners will be made available to you through the affiliate interface you have selected. You acknowledge and agree: 
• Creatives. You shall not use any creatives that do not comply with Z.com guidelines. If your creative requirements are not met by our current content offering, please contact us to discuss your individual needs;
• No Harmful Activities. You shall not engage in activities that Z.com determines, in its sole discretion, to be harmful to its customers, employees, operations, or reputation;
• Prohibition Against Use of Z.com Copyrights & Look-A-Like Sites. You shall not use a Z.com look-a-like site that suggests or gives the visitor the impression that your site or publishing location is affiliated with Z.com. Your site or publishing location shall not in any way copy or resemble the look and feel of Z.com's website or website content, and you shall not create the impression that your site or publishing location is part of Z.com's network of websites. Thereof, in your URL, business name, or site name. You shall not "frame" or permit the "framing" of any page of Z.com’s network of web sites. Website Content & Emails. You acknowledge and agree that Your Site specifically shall not (and shall not enable others to):

  • (a) Contain false, inaccurate, defamatory, slanderous, libelous or misleading content or statements about Z.com and/or its products and services; 
    (b) Do anything to give the impression to anyone that you are an Internet Corporation for Assigned Names and Numbers’ ("ICANN") approved registrar; 
    (c) Display, promote or sell illegal content, or offer any illegal product or service; 
    (d) Engage in sending unsolicited commercial email ("spam") or indiscriminate advertising; 
    (e) Collect personal information about minors without their parent’s prior written consent; 
    (f) Contain pornographic or obscene content, tasteless images, or excessively violent or hate-related material, as determined by Z.com in its sole and absolute discretion; 
    (g) Engage in activities, whether lawful or unlawful, that Z.com determines, in its sole and absolute discretion, to be harmful to Z.com or its customers, employees, operations or reputation. 
    (h) Encourage the use of a controlled substance; 
    (i) Encourage unlawful behavior; 
    (j) Violate any applicable law; 
    (k) Advocate, promote, or encourage violence or discrimination against any person, organization or governmental entity; 
    (l) Contain links to web sites containing the serial numbers for unlocking software illegally, pyramid schemes, or impersonations of another person or organization; 
    (m) Contain links to web sites containing any of the aforementioned content; and 
    (n) 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.) In addition, you acknowledge and agree you shall not: 
    (o) Copy, alter or modify any icons, buttons, banners, graphics, files or content contained in Z.com's links, including but not limited to, removing or altering any copyright or trademark notices; 
    (p) Alter the Z.com approved tracking codes to allow you to collect personally identifiable information of visitors that would allow you to personally identify visitors; 
    (q) Allow Your Site to be a downloadable or internet accessible application, as determined by Z.com in its sole and absolute discretion;
    (r) Cause any purchases to be made that are not in good faith, including, but not limited to, using any method, device, program, robot iframes or hidden frames. Multiple purchases from the same individual, entity or IP address may be considered non–bona fide purchases. Non-bona fide purchases shall not be eligible for commission. Paid Search and Advertising Guidelines If you use paid search, you are required to add Z.com and any of its derivatives and misspellings as negative keywords across all of your paid search activities. You also acknowledge and agree that you shall not: 
    • Bid on terms in any search engine that mention Z.com and any of its derivatives and misspellings, Z.com with keywords such as but not limited to (Z.com promos), (Z.com Domain),(Z.com Hosting); 
    (s) You may only advertise coupon codes that are provided to you through the Affiliate Program; 
    (t) 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; 
    (u) Coupons must be displayed in their entirety with the full offer, valid expiration date and code;
    (v) You may not use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s); 
    (w) You may not advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search or any other campaign;

    4. Commission Payments
    On ShareAsale affiliate platform we provide commission as below:
    - 20% for Domain Registration
    - 35% for Web Hosting

    5. Invoicing
    We will provide you with the Commission statement due in your Affiliate Area at the start of a new month. Payout requests for the previous payable period should be submitted via specified email until the end of previous month (Example: for December 2019 request should be sent by the end of January 2020) Payouts will be released after the 15th of the running month. If the request will be submitted after the end of the previous month - the payout will be transferred to the next payments round. The minimum payout amount for Paypal withdrawal is $100. The minimum payout for Wire Transfer is $500.

    If it is applicable in your country of residence, self-billing invoices will be issued for all Commission payouts with applicable taxes included. Until the termination of your account, the Affiliate Program Terms and Conditions will be considered a valid self-billing agreement between Z.com and you. By signing up for this Affiliate Agreement you agree and accept self-billing invoices that will be raised by Z.com, you agree to raise no sales invoices for any Commission payouts that you receive from Z.com and agree on notifying us immediately if you change your company details, name or tax region status.

    6. Your Responsibility
    As a Z.com Affiliate, you agree that:
    (a) It is your full responsibility to provide us with accurate account information and it is your responsibility to keep that information up to date. Such information includes, but is not limited to: contact details, payment details, tax information, all website URL(s) where Z.com is promoted, promotional means and practices and any other details we may request. Z.com reserves the right to request any additional information about each website, where Z.com is promoted and any additional information about the practices used to promote Z.com on those websites. If by any means you fail to provide the requested data or the data is not accurate it may result in exclusion from the Affiliate Program, temporary suspension or termination of your Affiliate account and loss of any Commissions.
    (b) The Affiliate must act in good faith and refer clients in good standing. Clients in good standing are your referred web hosting account owners that have provided valid contact information, have active accounts that do not exceed any limitations as per the Z.com Terms of Service and are not flagged for high fraud risk. Active account refers to your referred new users who have created an account and have not cancelled it in more than 60 (sixty) days.
    (c) You should not make any recommendations or take any actions that would result in a potential revenue loss for Z.com.
    (d) You should not use any marketing practices that may attract clients that are not in good standing.
    (e) You should not act in your own will as per modifying, copying or altering any banners, icons, graphics or any other content that is contained in Z.com’s Links including but not limited to altering and modifying any copyright or trademark notices, without prior written approval from Z.com.
    (f) You shall not use self-referral methods, you can’t click on your affiliate links and/or banners and make orders via your unique affiliate link. Matching IP addresses that were used to log in to our control panel and to make the purchase, are going to be considered as self-referral and no exceptions will be made. Additionally, the use of VPN services to make a purchase via the affiliate link will also be considered a violation. Violations can result in the loss of all accrued Rewards and dismissal from the program.
    (g) The Affiliate should not engage in any Blackhat SEO/spam link building techniques in order to generate more referrals for Z.com.
    (h) You agree not to violate any applicable law.
    (i) You should be loyal to Z.com and should not misuse its confidence and shall not damage Z.com reputation.
    (j) Not to advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity.

If Z.com suspects or detects patterns of violations of the Affiliate Program Agreement ("APA"), Z.com reserves the right, as a result of Program Agreement violation, to suspend and/or terminate your Affiliate account and cancel all Commission payments due.

7. Our Responsibility
Z.com is responsible for processing the order, cancellations, returns and other related customer service for Z.com products and services. However, Z.com will not be responsible for lost sales due to technical difficulties preventing Z.com from registering a domain name or providing any other product or service to the visitor. Z.com is also responsible for tracking and validating affiliate sales and commissions and providing this information to the chosen affiliate platform in order to facilitate payments. Z.com does not, however, control the payment processing of commission payments to you by the platform which you selected. Z.com will pay out on commissions for valid sales. Valid sales are sales whereby the customer pays the full, expected price and such sales are not cancelled, reversed, returned or discounted/voided in any way. Where payment happens through a third party platform, Z.com is responsible for payment to the platform you selected and the platform is specifically responsible for payment to you.

8. Privacy
The parties agree that Z.com and Affiliate will each be a separate processor in relation to any personal data that Z.com and Affiliate, respectively, process on behalf of a customer [or specific term we use for prospects and customers] in connection with the Affiliate Agreement. The terms “personal data” and “processor” as used in this section have the meanings given in the European Data Protection Legislation. For the avoidance of doubt, neither Affiliate nor Z.com will be acting as the other party’s processor.

9. Confidential Information
Each party acknowledges that, as a result of this Affiliate Agreement, it may gain access to certain Confidential Information of the other party. “Confidential Information” means all documentation and information, including techniques, algorithms and processes and technical, business and marketing information, designated or marked by the party disclosing such documentation and information orally, visually or in writing (the “Disclosing Party”) as “proprietary” or “confidential” or the like, or that the other party (the “Receiving Party”) knows to be confidential, or should reasonably consider to be confidential under the circumstances of its disclosure, supplied by the Disclosing Party to the Receiving Party in connection with this Affiliate Agreement.

During the Term and for a period of five (5) years thereafter, each Receiving Party agrees (a) to hold the Disclosing Party’s Confidential Information in strict confidence, using the same degree of (but no less than reasonable) care and protection that it exercises with its own Confidential Information of a similar nature; (b) not to directly or indirectly disclose or otherwise make available any Confidential Information of the Disclosing Party to a third party; and (c) not to copy or use Disclosing Party’s Confidential Information for any purpose other than as necessary to fulfil Receiving Party’s obligations or exercise its rights under this Affiliate Agreement. Each party will disclose the other party’s Confidential Information only to its employees and affiliates with a need to know in order to fulfil such party’s obligations hereunder. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is approved in writing by the Disclosing Party or is required by law or by the order of a court or similar judicial or administrative body, provided that (to the extent permitted by law) the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action.

The obligations of this Section will not apply to Confidential Information if such information: (a) is publicly available prior to or at the time of disclosure, or later becomes publicly available through no act of the Receiving Party; or (b) was, prior to disclosure hereunder, rightfully known to the Receiving Party (other than in connection with this Affiliate Agreement) without confidentiality restriction.

10. Limitation of Liability
Z.com shall not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information or content transmitted, received, or stored on its system or any third-party systems. With respect to passwords, account identifiers and other systems used to control access to your account, it is your responsibility to safeguard such passwords, account identifiers, and other systems used to control access to your account. 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.

11. Governing Law
Any controversy, claim or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation where the Z.com entity servicing your Affiliate account is located.

12. Indemnity and Defense
With respect to ICANN, the registry operators, and Z.com, 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 without limitation reasonable attorneys’ fees and court costs, for third party claims relating to or arising under (i) Affiliate’s breach of or non-compliance with this Agreement, (ii) Affiliate’s use of the services, (iii) Affiliate’s violation or alleged violation of any applicable law, (iv) Affiliate’s violation or alleged violation of any rights of another, including violation of a person’s or entity’s intellectual property rights, (v) any products or services offered, sold or otherwise made available by Affiliate on Affiliate’s Web Site or Publishing Location, (vi) Affiliate’s acts or omissions in using, displaying or distributing any Links obtained from the Direct Affiliate Program or elsewhere, including but not limited to Affiliate’s use of Links via email distribution, or (vii) any assertion that Z.com is obligated to pay taxes in connection with a commission payment made by Z.com to Affiliate pursuant to this Agreement. In the context of this Section only, the term "Z.com" shall including Z.com’s officers, directors, employees, agents, representatives, contractors, and any entity that controls, is controlled by, or is under common control with Z.com. Affiliate’s indemnification obligations set forth in this Section shall survive the expiration, cancellation or termination of this Agreement.

13. Legal Age
You attest that you are of legal age to enter into this Agreement.

14. Final Agreement
This Agreement, the referenced agreements, 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 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.

15. No Agency Relationship
Nothing contained in this Agreement shall be construed as creating any agency, partnership, employer/employee or other form of joint enterprise between the parties hereto. Each party to this Agreement is an independent contractor and have no right or authority to bind or commit the other party. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

16. Waiver
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.

17. Assignment and Resale
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.

18. Change to the Affiliate Program Terms/Agreement
We remain the right to change any policies or terms of this Affiliate Agreement at any time. The amendments and/or supplements of the Agreement are effective immediately upon being posted to the Z.com’s website. The current Terms and Conditions of the Affiliate Agreement are always available publicly on Z.com’s website. If by any means you do not agree with the amendments and/or supplements of the Affiliate Agreement, you can cancel your account within 5 business days, counting from the date of the amendments and/or supplements. Only an official Z.com officer has the right to make any amendments and/or supplements to this Affiliate Agreement. No agent of, or person employed by or under contract with, Z.com has any authority to alter or vary this Affiliate Terms and Conditions Agreement in any way. No oral explanation or oral information given by any party shall alter the interpretation of this Affiliate Agreement.