Terms of Services for Affiliates
This agreement is by and between Cloudnet360. and/or their assigns and all subscribers. Unless the context requires otherwise, Cloudnet360. and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or subscriber."
You understand that Cloudnet360. and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold Cloudnet360. harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Cloudnet360. and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
A. Services to be Provided: We agree to pay you certain commissions as described on our website for referral sales made by customers.
B. Termination: We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote Cloudnet360. in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.
C. No Warranties: WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE Cloudnet360., ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.
D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action, which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances. YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion. Affiliates of Premium Web Cart are expected to earn commissions through the promotion of the product and services and / or demonstrating the positive attributes of Premium Web Cart. Affiliates denigrating Premium Web Cart are deemed to be earning commissions not because of their activities but in spite of their activities so these commissions are considered illegitimate and no payment will be made.
Affiliates mentioning Premium Web Cart in a negative manner will lose all affiliate privileges and forfeit all previous affiliate commissions due them.
Premium Web Cart retains sole discretion in the determination of positive versus negative promotional techniques.
E. Assignment: This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
F. Change of Terms and Conditions: We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.
G. Notification of Account Changes: You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
H. Notices: All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
I. General Provisions: The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.
J. Payment Restrictions: We reserve the right to modify the affiliate commission rate paid to both new and existing affiliates for new and existing referrals. Special attention should be noted for any Cloudnet360. customers that sign up under their affiliate account or an associate's affiliate account. Since the affiliate system is intended to reward affiliates actively promoting Cloudnet360., we will not pay affiliate commissions to "self discounters" or "incidental affiliates". "Self Discounters" are defined as customers that sign up as an affiliate, or have an associate sign up as an affiliate, simply to obtain discounted service by receiving an affiliate commission for payments made on their account. "Incidental affiliates" are defined as affiliates that are not actively promoting our service but become an affiliate to profit from a customer already intending on using our service. The first, and easiest, measure of whether an affiliate is a "self discounter" or an "incidental affiliate", is the number of affiliate referrals completed. If there is only 1 referral from an affiliate, this affiliate will be treated as a "self discounter" or an "incidental affiliate" and will be subject to the payment level made to these 2 groups of affiliates. In simpler terms, affiliates with only 1 referral will not receive any affiliate commission until they provide a 2nd referral. Affiliates must maintain a "new referral rate" of at least 1 new customer per calendar year to remain an affiliate in good standing and eligible for recurring payments.
K. Payment Cycle: Affiliate payments are calculated and processed on the 5th day of each month, or the closest date to the 5th that occurs during the normal business-operating schedule. New affiliates will have their initial payments delayed by up to 6-months to ensure the validity of the referrals.
Minimum payment = $150
L. Affiliate Commission Rate: Please note that you will always be paid for ALL of your affiliate referrals at the highest rate achieved based upon your referral level. For example, if you have 12 referrals, you will receive 35% commission for referrals 1 through 12.
Because of this progressive structure, there is tremendous incentive to move to the next higher commission level as this will affect the commission rate paid on all subsequent referrals. This progressive payment scale applies to future affiliate commissions and not retroactive commissions.
- 1 Active Referral = 0%
- 2 to 5 Active Referrals = 10%
- 6 to 10 Active Referrals = 20%
- 10+ Active Referrals = 35%
M. Trial Referrals: Referrals that are still in the Trial Package will not count towards your total referral commission count until they convert to a full paying account.
N. Annual Package Proration: Annual packages will be paid on a prorated basis since Cloudnet360. offers prorated refunds of annual packages.