XFLAREHOSTING LLC - AFFILIATE PROGRAM TERMS AND CONDITIONS

These Affiliate Program Terms and Conditions ("Affiliate Terms") govern Your participation as an affiliate ("Affiliate," "You," or "Your") in the XFLAREHOSTING LLC ("Company," "We," "Us," or "Our") Affiliate Program (the "Program"). By applying to or participating in the Program, You agree to be bound by these Affiliate Terms, the XFLAREHOSTING LLC Terms of Service ("ToS") available at https://xflarehosting.com/legal/terms, Acceptable Use Policy ("AUP") available at https://xflarehosting.com/legal/aup, Privacy Policy available at https://xflarehosting.com/legal/privacy, and any other applicable policies available on Our website (collectively, the "Agreement").

IF YOU DO NOT AGREE TO THESE AFFILIATE TERMS AND THE AGREEMENT, DO NOT APPLY TO OR PARTICIPATE IN THE PROGRAM.

1. Enrollment in the Program

• Application: To enroll, You must submit a complete and accurate Program application through Our designated affiliate portal [Note: Add link to Affiliate Portal/Signup page, e.g., https://xflarehosting.com/affiliates**]**.
• Approval: We will evaluate Your application in good faith and notify You of Your acceptance or rejection. We reserve the right to reject any application for any reason in Our sole discretion (e.g., if Your promotional methods are unsuitable, Your site contains objectionable material, or You violate Our terms).
• Eligibility: By applying, You represent and warrant that You are at least 18 years old (or the age of majority in Your jurisdiction) and have the legal capacity to enter into this agreement. You also agree to keep Your application information current.

2. Affiliate Responsibilities and Obligations

As an Affiliate, You agree to:

• Promote Ethically and Lawfully: Promote XFLAREHOSTING LLC and Our Services in a truthful, ethical, professional, and lawful manner, complying with all applicable laws, regulations, and advertising standards (including FTC guidelines regarding endorsements).
• Use Approved Materials: Use only the approved marketing materials (unique affiliate tracking links, banners, text ads, logos, etc.) provided by Us through the affiliate portal ("Approved Materials"). You may not alter these materials without Our prior written consent.
• Disclosure: Clearly and conspicuously disclose Your affiliate relationship with XFLAREHOSTING LLC on Your website, social media posts, emails, and any other location where You place affiliate links. This disclosure must be placed near the link or endorsement and comply with FTC guidelines (e.g., using "#ad", "#sponsored", or statements like "As an XFLAREHOSTING affiliate, I earn from qualifying purchases."). Failure to comply may result in termination from the Program and forfeiture of commissions.
• No Deceptive Practices: Not engage in any deceptive, misleading, unfair, or unethical marketing practices, including false advertising, inaccurate claims about Our Services, misleading testimonials, forced clicks, or cookie stuffing.
• No Spam: Not use spam, unsolicited commercial email (UCE), unsolicited bulk messaging, or indiscriminate advertising to promote Our Services. All email marketing must comply with the CAN-SPAM Act and other applicable laws, including providing clear opt-out mechanisms.
• No Infringing Content: Ensure Your promotional methods and website do not contain or link to any illegal, infringing, defamatory, obscene, harassing, or otherwise objectionable content, or content that violates Our AUP.
• No Trademark Bidding: Not bid on keywords that include Our brand name trademarks (e.g., "XFLAREHOSTING," "XFLARE") or any variations, misspellings, or confusingly similar terms in any pay-per-click (PPC) search engine marketing campaigns (e.g., Google Ads, Bing Ads) without Our express prior written permission. Using Our trademarks in ad text is strictly prohibited unless authorized. Direct linking from PPC ads to Our site using Your affiliate link is prohibited.
• Domain Names/Social Media: Not register or use domain names, social media handles, or profile names that contain Our trademarks or confusingly similar terms, or that could imply an official affiliation.
• Maintain Your Site: Be responsible for the development, operation, and maintenance of Your website(s) and for all materials that appear on Your site(s).

3. Affiliate Links and Tracking

• We will provide You with unique affiliate tracking links through the affiliate portal. You must use these specific links for Us to track referrals accurately.
• We use cookies to track referrals. For a sale to be eligible for commission, the customer must click Your affiliate link, make an Eligible Purchase within the cookie duration period, and not have cleared their cookies or clicked another affiliate's link subsequently.
• The standard cookie duration is 60 days from the time the user clicks Your link.
• We are not responsible for commissions lost due to improper link usage, cookie clearing, tracking failures beyond Our reasonable control, or customers using ad blockers or privacy tools that interfere with tracking.

4. Commission Structure

• Eligibility: You will earn a commission for each "Eligible Purchase" made by a new customer successfully tracked back to Your affiliate link.
• Eligible Purchase Definition: An Eligible Purchase is defined as:
  • The first purchase of a qualifying XFLAREHOSTING LLC hosting plan (Web Hosting (Shared Plans), VPS Hosting (All Plans), Game Server Hosting (All Plans)) by a new customer who has not previously held an account or purchased services from Us.
  • The purchase must be completed within the cookie duration period (Section 3).
  • The purchase must remain active and in good standing beyond Our standard refund/guarantee period (see Refund Policy at https://xflarehosting.com/legal/refund).
• Exclusions: Commissions are NOT earned on:
  • Dedicated Server plans.
  • Renewals of existing services.
  • Upgrades or downgrades of existing services by current customers.
  • Purchases of domain names, SSL certificates, software licenses, setup fees, or other add-on services unless explicitly included in a specific promotion communicated via the affiliate portal.
  • Purchases made by Yourself, Your employees, agents, representatives, or immediate family/household/company for internal use ("self-referrals").
  • Purchases that are subsequently refunded (including under the Money-Back Guarantee), charged back, cancelled, or identified as fraudulent or violating Our ToS/AUP.
  • Purchases made before You joined the Program or after termination.
  • Purchases not accurately tracked through Your unique affiliate link due to reasons outlined in Section 3.
• Commission Rate: The standard commission rate is 10% of the initial qualifying purchase value for each Eligible Purchase. Higher commission rates for specific products or limited-time promotional increases may be offered and will be communicated via the affiliate portal or official affiliate communications.
• Changes: The commission structure, rates, Eligible Purchase criteria, and cookie duration are subject to change by Us at Our discretion with reasonable notice provided via the affiliate portal or email.

5. Commission Payments

• Payment Schedule: Commissions are typically paid out monthly, approximately Net 30-45 (30 to 45 days after the end of the calendar month in which the commission was earned and verified), or as otherwise specified in the affiliate portal. This allows time for refund periods and verification.
• Minimum Payout Threshold: Payments will only be issued once Your earned and verified commissions reach the minimum payout threshold of $30 USD. Commissions below this threshold will roll over to the next payment period until the threshold is met.
• Payment Method: Payments will be made via PayPal or Bank Transfer (ACH/Wire), as selected and configured by You in Your affiliate account. You must provide accurate and complete payment details. You are responsible for any fees associated with Your chosen payment method (e.g., PayPal fees, wire transfer fees).
• Withholding/Reversals: We reserve the right to withhold, delay, or reverse commissions for any activity deemed fraudulent, abusive, or in violation of these Affiliate Terms or the Agreement, including but not limited to chargebacks, refunds, suspected self-referrals, violations of promotional restrictions, or failure to provide required tax information.
• Taxes: You are solely responsible for paying all applicable taxes (income tax, VAT, GST, etc.) on commissions earned through the Program. You agree to provide Us with any necessary tax identification information (e.g., W-9 for US residents, W-8BEN for non-US residents) upon request. We may be required to report earnings to tax authorities.

6. Tracking and Reporting

We will provide You with access to an affiliate dashboard within the affiliate portal. This dashboard will display reports on clicks, referrals, conversions (Eligible Purchases), and earned commissions. The data provided in Our system will be the sole, official, and definitive basis for calculating commissions due. We are not liable for discrepancies caused by Your own tracking methods.

7. Term and Termination

• Term: These Affiliate Terms begin upon Your acceptance into the Program and continue month-to-month until terminated by either party.
• Termination by Either Party: Either You or We may terminate Your participation in the Program at any time, with or without cause, by providing written notice to the other party (email is sufficient). Notice to You will be sent to the email address associated with Your affiliate account. Notice to Us should be sent to [email protected] or [email protected].
• Termination by Us for Cause: We may terminate Your participation immediately, without prior notice, if You breach any provision of these Affiliate Terms or the Agreement, engage in fraudulent or harmful activities, fail to comply with disclosure requirements, engage in prohibited promotional methods, or if Your promotional methods become unsuitable in Our sole judgment.
• Effect of Termination: Upon termination:
  • Your right to use Approved Materials and participate in the Program ceases immediately.
  • You must immediately remove all affiliate links and Approved Materials from Your website and other promotional channels.
  • You will be eligible to receive commissions earned on Eligible Purchases that occurred before the effective date of termination, provided they meet all requirements (including minimum payout threshold and verification period). Commissions below the threshold at termination will be forfeited.
  • If terminated for cause (breach, fraud), We reserve the right to withhold all unpaid commissions.
  • Sections 5 (Taxes), 7 (Effect of Termination), 8 (Relationship), 9 (Disclaimers), 10 (Liability), 11 (Indemnification), and 13 (Governing Law) shall survive termination.

8. Relationship of the Parties

You and XFLAREHOSTING LLC are independent contractors. Nothing in these Affiliate Terms creates any partnership, joint venture, agency, franchise, sales representative, fiduciary, or employment relationship between the parties. You have no authority to make or accept any offers or representations, or to bind Us in any way.

9. Disclaimers

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATE PROGRAM OR ANY SERVICES SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE OR THE AFFILIATE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. THE AFFILIATE PROGRAM AND OUR TRACKING SYSTEMS ARE PROVIDED "AS IS".

10. Limitation of Liability

WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, OR DATA) ARISING IN CONNECTION WITH THESE AFFILIATE TERMS OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE AFFILIATE TERMS AND THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THESE AFFILIATE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless XFLAREHOSTING LLC, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Your participation in the Program, (b) Your breach of these Affiliate Terms or the Agreement, (c) Your promotional methods, website content, or marketing activities (including failure to make proper disclosures), or (d) any claim that Your promotional materials infringe on the rights of a third party.

12. Modifications

We reserve the right to modify any of the terms and conditions contained in these Affiliate Terms at any time and in Our sole discretion by posting a change notice or a new agreement on the affiliate portal or Our website at https://xflarehosting.com/legal/affiliate. Modifications may include, but are not limited to, changes in the scope of available commissions, commission schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

13. Governing Law

These Affiliate Terms will be governed by the laws of the State of New Jersey, without reference to rules governing choice of laws. Any action relating to these Affiliate Terms must be brought in the federal or state courts located in Bergen County, New Jersey, and You irrevocably consent to the jurisdiction of such courts.

14. Miscellaneous

These Affiliate Terms, together with the documents incorporated by reference in the Agreement, constitute the entire agreement between the parties with respect to the Affiliate Program. Any notices under these Affiliate Terms will be given via email or the affiliate portal. You may not assign these Affiliate Terms without Our prior written consent. Contact regarding the affiliate program should be directed via https://xflarehosting.com/support or specific contacts provided in the affiliate portal.