Terms of the Partner Program “Customer Acquisition through Affiliate Program”
1. General Terms
1.1. The terms of the partner program “Customer Acquisition through Affiliate Program” (hereinafter – Terms) define the obligations between the limited liability company “Hostnet,” registration number 40003804266 (hereinafter – Company), and the party participating in the partner program “Company Customer Acquisition through Affiliate Program” (hereinafter – Partner).
1.2. The agreement on the application of these Terms is considered concluded at the Company’s legal address – Atpūtas iela 1/3-23, Riga.
1.3. The purpose of the “Customer Acquisition through Affiliate Program” Terms is to provide Partners with tools and resources to increase the Company’s service sales volume by attracting new subscribers and product buyers through the website https://cloudhosting.hostnet.lv/lv/affiliate.
2. Who Can Be a Partner?
2.1. Any individual who has reached the age of 18 and any legal entity registered in the Republic of Latvia can become a Partner.
2.2. If the Partner is a legal entity, the person representing the legal entity confirms they are authorized to represent the Partner and agree to these Terms on their behalf.
2.3. Each Partner candidate is reviewed by the partner manager, and only suitable Partners are accepted into this partner program. Acceptance criteria are not included in these Terms and are decided solely by the partner manager based on the candidate’s qualifications and experience in partner marketing.
3. Actions Required for Partner Registration
3.1. Any person mentioned in clause 2.1 can become a Partner by completing the registration form and checking the box next to the text “I agree to the Customer Acquisition through Affiliate Program Terms.”
3.2. After completing the form and confirmation as per clause 3.1, the person becomes a Partner bound by these Terms.
4. Purpose of Approving the “Customer Acquisition through Affiliate Program” Terms
The purpose of approving these Terms is to legally promote the Company’s website, resulting in a commission fee for each product purchased by a person referred by the Partner.
5. Partner’s Rights, Obligations, and Responsibilities
5.1. The Partner uses the coded URL provided by the Company through the available Company link page or in any other form of the Partner’s choice, provided that the use of this URL does not defame the Company or is otherwise deemed unacceptable at the Company’s sole discretion and judgment.
5.2. The Partner agrees that the Company may amend these Terms at any time without notifying the Partner.
5.3. The Partner independently obtains information about any changes to these Terms, including commission fees, amounts, and procedures, by periodically checking the Terms section of the Company’s affiliate control panel.
5.4. In their activities under these Terms or otherwise related to dealings between the Partner and the Company, the Partner does not infringe third-party copyrights, patents, trademarks, trade secrets, or other intellectual property rights, or publicity or privacy rights.
5.5. The Partner does not make any representations, promises, warranties, or other statements about the Company, on its behalf, or about its website, products, or policies, except those explicitly approved in writing or otherwise provided by the Company to the specific Partner.
5.6. The Partner assumes full responsibility for ensuring the proper and continuous operation of their coded URL and notifies the Company if it stops working or does not function properly.
5.7. The Partner operates in compliance with laws, orders, regulations, and standards relevant to the nature of these Terms.
5.8. In their activities based on these Terms and other transactions with the Company:
5.8.1. The Partner does not send unsolicited commercial emails (spam) or allow their use in connection with this program;
5.8.2. Does not distribute information that is or may be considered defamatory or libelous;
5.8.3. Does not place Company advertisements on websites or forward information that is or may be considered obscene, pornographic, or offensive;
5.8.4. Does not violate competition laws or regulations related to discrimination, false advertising, or these Terms;
5.8.5. Does not do anything that could promote violence or spread hate speech;
5.8.6. Does not do anything that could harm the Company or otherwise damage its servers or equipment, including not using or forwarding viruses, Trojan horses, worms, time bombs, bots, or other similarly harmful or dangerous software.
5.9. The Partner does not use links that are or can be automatically activated without the user clicking on them.
5.10. The Partner ensures, defends, and holds the Company and its affiliates, directors, employees, and agents harmless from any and all liability, losses, damages, injuries, or expenses (including legal fees and expert witness fees) arising from any action or inaction concerning any third party, whether such action or inaction stems from claims of misuse of copyrighted material, license violations, improper domain use, improper trademark use, or any other form of active or passive negligence.
5.11. The Partner agrees that any services or materials provided by the Company under these Terms are provided “as is” and “as available,” and the Company makes no representations or warranties, expressly disclaiming, on behalf of itself and its suppliers, distributors, and licensors, any warranties regarding these Terms, including the usefulness, accuracy, reliability, or effectiveness of the provided services or materials, as well as their uninterrupted, error-free, or specific distribution method availability, compatibility with all browsers, defect correction, or meeting any party’s requirements. Without limiting the foregoing and unless otherwise stated in these Terms, the Partner agrees that the Company disclaims all warranties regarding marketability or fitness for a particular purpose and is not liable for any service disruptions, interruptions, downtime, or faulty link connections.
5.12. The Partner is liable for intentional or malicious misconduct, gross negligence, or other breaches related to these Terms for which liability is prescribed by law.
5.13. The Partner acknowledges that, during compliance with and execution of these Terms, they may access the Company’s confidential and proprietary information (“Confidential Information”). The Partner agrees not to disclose or distribute Confidential Information without the Company’s written permission. The term “Confidential Information” does not apply to information that is or becomes publicly available without the Partner’s action or inaction, becomes available to the Partner from third parties without knowledge of a breach of confidentiality, or was already known to the Partner prior to agreeing to these Terms.
6. Company’s Rights, Obligations, and Responsibilities
6.1. The Company has the sole right and obligation to service all clients attracted through the Partner’s coded URL. All transactions with clients regarding services occur solely between the client and the Company.
6.2. The Company has the right and obligation to set all prices and product offers and the right to modify them without notifying the Partner.
6.3. The Company provides the Partner with a uniquely coded URL for Partner identification, allowing the Partner to link to the Company’s website https://cloudhosting.hostnet.lv/, which the Partner may place anywhere and as often as desired, in accordance with these Terms regarding acceptable links.
6.4. The Company tracks visitors referred to the Company via the link provided to the Partner for this purpose.
6.5. The Company pays the Partner a commission fee for each visitor referral made under these Terms, in accordance with the commission fee schedule and these Terms.
6.6. The Company is not liable for the Partner’s lost profits or any other losses resulting from or related to these Terms, regardless of whether the Company was warned of such potential losses.
6.7. The Company is liable for intentional or malicious misconduct, gross negligence, or other breaches related to these Terms for which liability is prescribed by law.
7. Commission Fee
7.1. The Company pays the Partner a commission fee for each completed order received through the Partner’s assistance after delivering the service or product to the Company’s client, except for commission fees on the Partner’s own purchases of Company services or products.
7.2. The commission fee amount depends on the type of service or product and will be specified for each service and product separately in the Campaign information on the affiliate panel (https://cloudhosting.hostnet.lv/lv/affiliate).
7.3. The commission fee is determined for sales volumes obtained through the Partner’s coded URL under these Terms. Current commission fee amounts for each partner campaign are displayed here: https://cloudhosting.hostnet.lv/lv/affiliate.
7.4. Each earned commission fee is reviewed and approved by the Company based on order identification data and other details. Only commission fees for valid orders are approved for payment.
7.5. The Company pays the Partner all approved commission fees within 60 days from the date of receiving a commission payout request, provided the total commission fee amount reaches the specified minimum payout limit.
7.6. The Company pays the Partner the commission fee specified in clause 6.3 of these Terms after its approval. The Company may change the commission fee amount or any other condition of these Terms at any time without notifying the Partner.
7.7. The commission fee is credited to the bank account specified by the Partner.
7.8. If the Partner is an individual, the Company pays the personal income tax to the State Revenue Service on behalf of the Partner in accordance with tax regulations. This amount will be deducted from the commission fee. The Partner is not required to take any action regarding tax payments under these Terms.
7.9. If the Partner is a legal entity, the Company pays the commission fee based on an invoice submitted by the Partner, with a payment term of 60 (sixty) days from the date of receipt. The Partner sends invoices electronically to the Company’s email address – info@hostnet.lv – based on the report provided by the Company by the 5th of each month, detailing the services provided by the Partner and the commission fee due for the previous calendar month.
7.10. The parties confirm their agreement to exchange invoices and other documents stipulated by the agreement electronically using the email addresses provided by the parties, and such documents are considered duly prepared and equivalent to written and manually signed documents.
8. Ownership and Licenses
8.1. Each party retains all rights, titles, and interests in its names, logos, trademarks, service marks, uniforms, copyrights, and patented technology, including but not limited to those currently used or that may be developed and/or used in the future.
8.2. The Company grants the Partner a revocable, non-exclusive worldwide license to use, reproduce, and transmit the Company’s logos, trademarks, and service marks on the Partner’s website solely to promote its link to the Company to achieve the purpose of these Terms. This license may not be transferred or assigned to others.
8.3. It is prohibited to use the Company’s brand keywords “Hostnet” as part of a domain or subdomain name or to create accounts on web resources (Twitter, Draugiem, Facebook, etc.) whose names fully or partially include the brand keyword.
8.4. The Partner agrees to immediately cease using any mark upon the Company’s request sent to the Partner’s email address stored in the Company’s affiliate program profile.
9. Termination of Agreement to These Terms
9.1. Either party may terminate compliance with these Terms at any time by notifying the other party in writing to the specified contact email.
9.2. If compliance with these Terms is terminated for reasons stated in clause 8.3, any commission fees approved and exceeding the minimum payout amount as of the termination date will be paid after termination. Any commission fee not approved as of the termination notice date will not be approved thereafter.
9.3. Intentional or unintentional, deliberate or accidental violation of these Terms is grounds for immediate suspension or, at the Company’s sole discretion, complete termination of these Terms.
9.4. Suspension of compliance with these Terms in this context means the suspension of all commission fee payments – both approved and unapproved – until the violation is corrected. If the violation is not corrected within the time set by the Company, the suspension becomes termination under clause 8.3, effective from the initial suspension date.
9.5. Upon termination of compliance with these Terms, all granted rights and licenses are immediately revoked.
10. Drafting, Amendment, and Disputes of the Terms
10.1. These Terms are drafted and implemented in accordance with the laws of the Republic of Latvia. Any disputes regarding compliance with these Terms are resolved through mutual negotiations. If no agreement is reached this way, disputes are settled in a Latvian court of general jurisdiction.
10.2. The conditions of these Terms are independent and separable from each other, and if any condition becomes fully or partially non-compliant with legal requirements or unenforceable for any reason, it does not affect the validity or applicability of the remaining conditions.
10.3. These Terms express the final agreement between the parties and supersede all prior agreements.
10.4. These Terms may only be amended if the Company posts new terms on its website.