Caribonix Affiliate Program Terms & Conditions
Version No.4 | Date of Last Revision June 26, 2019
Thank you for your interest in the affiliate program (the “Program”) of Caribonix (“Caribonix ,” “we” or “us”)! This Caribonix Affiliate Program Agreement (“Agreement”) governs your participation in the Program. By participating in the Program, you agree to the terms of this Agreement. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Caribonix, for products, services or otherwise.
1. Program Overview
The Program permits you to receive compensation in exchange for referring customers that purchase Caribonix products and services, including Caribonix.com, Professional Email Address, and Managed WordPress Hosting (“Caribonix Services”). If we accept your Program application, we will provide you with a hyperlink (“Link”) for display on websites and online services operated by you that are approved by Caribonix for use in connection with the Program (“Your Services”). Subject to the terms of this Agreement, we will pay you a marketing fee of 20% of all amounts actually received by Caribonix, less deductions described in Section 5 below, (“Marketing Fee”) from users that click on your Link and purchase any Caribonix Services within 90 days of clicking on your Link.
To be eligible to participate in the Program, you must accurately complete our Program application. We reserve the right to reject your application for any reason. If you are entering into this Agreement on behalf of an entity: (a) you represent and warrant that you are authorized to bind such entity to this Agreement and that such entity will be responsible for your and any other of its employees or agents activities in connection with the Program; and (b) references to “you” in this Agreement will refer to you and such entity, collectively. You may only participate in the Program if permitted by the laws of your jurisdiction and the terms of any agreements you may have entered into with third parties. To continue to be eligible for participation in the Program, you must generate at least US $100 annually in Marketing Fees.
3. Program Portal
Commissions may change at our discretion, Caribonix commissions may increase during limited time special promotions, but they will return thereafter to the regular 20% commission rate.
For a sale to generate a commission for a Program participant, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Link. Properly coded links are the sole responsibility of the Program participant.
Commission is earned for products/services (including configurable options) only. Commission is not earned on:
- Domain names
- Product Addons
- Upgrade Orders (however any recurring commissions will increase with the new renewal price)
- Manually created invoices
Payout. We will pay Marketing Fees to the payment method designated by you via the Portal no sooner than 45 days from the end of the calendar month in which the Marketing Fees accrued, provided that the Marketing Fees payable exceed a minimum threshold of $100. If your Program account becomes inactive, any unpaid and accrued Marketing Fees may be subject to escheatment under applicable state law.
Deductions. The Marketing Fees payable to you will be exclusive of taxes, refunds, and chargebacks, and we may offset such amounts against any Marketing Fees owed to you. You are responsible for any taxes payable in connection with the Marketing Fee, other than taxes payable in connection with our gross receipts or income.
Limitations. Marketing Fees will not be payable to you for any purchase of Caribonix Services: (i) that is later cancelled, refunded, charged back, or for which Caribonix does not receive payment; (ii) that occurred as a result of your breach of this Agreement, or while you were in breach of this Agreement; (iii) if the purchase does not occur within 90 days of when the user clicks on your Link; (iv) if, before making the purchase, the user has more recently clicked on the Link of another Program participant; or (v) that occurs after termination of this Agreement (collectively, an “Ineligible Transaction”). For clarity, Marketing Fees will be payable to the Program participant responsible for the Link that a user last clicks before purchasing any Caribonix Services. If we discover that we have paid you any Marketing Fees for an Ineligible Transaction, we may either require you to promptly repay the applicable amount, or we may offset such amount from future amounts payable to you under this Agreement. (vi) on which you already receive a revenue share or similar payment from Caribonix.
6. Limited License
Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to display the Link and any Caribonix Marks on Your Services, and in other marketing communications that you may send, solely for the purpose of referring users to the Caribonix Services. “Caribonix Marks” means any of Caribonix’s trade names, trademarks, service marks, logos or other similar indicia of identity or source provided by Caribonix to you in connection with this Agreement. All goodwill arising from your use of the Caribonix Marks will inure to the benefit of us. Other than the limited license set forth in this Agreement, Caribonix reserves all right, title, and interest not expressly granted to you. You will use the Caribonix Marks in accordance with any written guidelines Caribonix provides to you. Upon request by Caribonix, you will provide samples of any marketing materials you have used, or plan to use, that incorporate the Caribonix Marks or the Link.
7. Legal Compliance
You must comply with all laws that apply to Your Services and your participation in the Program, including the FTC’s rules regarding sponsored endorsements (see the FTC website for more details), all privacy laws that apply to the collection, use and disclosure of personal information via Your Services, and all marketing laws that apply to any messages you send in connection with this Agreement. You are solely responsible for Your Services and your participation in the Program.
8. Order Fulfillment
Caribonix will be solely responsible for processing every order placed by a customer via Links. Program participant are not authorized to collect payments or sell any Caribonix products or services from other websites as a “reseller” and no “resale” rights are granted in ANY way. Program participant are not authorized to sell any of these products on ebay or other auction sites. Program participant are not authorized to give away copies of any of these products. Caribonix will also be solely responsible for all customer service inquires. All Program participant understand and acknowledge that no physical products will be shipped.
Customers who purchase products and services through the Program will be deemed to be customers of Caribonix. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Caribonix policies will always determine the price paid by the customer.
9. Qualifying Sites
Caribonix reserves the right to refuse any site entry into the Program based on site content. Sites that do not qualify for the Program include sites which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- List coupon codes or discounts that were NOT officially provided to them by Caribonix. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Caribonix or any other site.
10. Prohibited Usage
The following cases prohibited and are grounds for immediate termination of the affiliate account.
- Program participant MAY NOT use the Caribonix logo, logo marks or other Caribonix website/branding imagery in a header graphic or in any was as to indicate they are officially affiliated or partnered with Caribonix.
- Program participant MAY NOT use the term “Caribonix” in ANY variation in their site URL ex. (caribonix.net, caribonixcouponcodes.com, wp-caribonix.com, caribonix.plugins.com, etc).
- Program participant MAY NOT promote coupons that were not provided to them personally by Caribonix. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
- Program participant MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
- Program participant MAY NOT use their own affiliate URL to gain discounts on their own plans with Caribonix.
11. Caribonix Anti-Spam Policy
Caribonix strictly prohibits Program participant from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
- Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
Caribonix, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
- Account Termination: Upon the receipt of a credible complaint, the Program manager may investigate the complaint, and if necessary, will then terminate the Program participant account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Caribonix discretion, termination may not only result in being banned from the Program, but also being banned from ANY other internal Programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at affiliates [at] caribonix [dot] com
12. Referral Cookie Lifetime
We track referral purchases by placing a cookie in the browser of each person who clicks your Link. The cookie is stored for a generous 90 days from when they first visit our website, which gives them plenty of time to decide if they wish to purchase a plan through us.
We are not able to reward you with a referral if the customer purchases a website plan after the 90 days because the cookie will expire. We also aren’t able to reward you with a referral if the customer purchases a plan using a different browser than the one they used to click on your affiliate link.
13. Promotional Method Ideas
- Tell customers, clients, friends, or family about Caribonix and give them your affiliate referral link.
- Write a blog post or review online about Caribonix and hyperlink caribonix.com with your affiliate referral link.
- Mention us on your social media accounts. Include your affiliate referral link in a Facebook, Twitter, or LinkedIn post.
14. The Important Stuff
- Self-referrals are not allowed.
- Discounted orders are not considered as referrals and will not be paid.
- Accounts with fraudulent, abusive or illegal activities will not be considered as referrals and will not be paid.
- No unsolicited bulk e-mail traffic, no blind redirects, or other malicious advertising will be accepted.
- Affiliates may not represent themselves as Caribonix.com or Caribonix on any search engine or website.
- Bidding on Caribonix and other Caribonix related terms on PPC campaigns in search engines is not allowed.
- Affiliate accounts which are in violation of any rule or are abusing the Affiliate Program in any way, will be terminated with no prior notice.
If you become a Caribonix affiliate, you agree that your commissions are subject to approval before they are accepted and later paid.
15. Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
You will indemnify and hold us and our affiliates and subsidiaries, and our and their respective directors, officers, employees, agents, and shareholders, (collectively, the “Caribonix Parties”) harmless against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ or other professionals’ fees) that arise out of or relate to: (a) your participation in the Program, (b) your breach of this Agreement, or (c) Your Services.
CARIBONIX DOES NOT MAKE ANY WARRANTIES UNDER THIS AGREEMENT. THE PROGRAM, THE CARIBONIX SERVICES, THE LINK AND THE CARIBONIX MARKS ARE PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARIBONIX DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
18. Limitation of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL OR DATA) RELATED TO THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: (I) THE TOTAL MARKETING FEES PAID TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE MOST RECENT EVENT GIVING RISE TO THE CLAIM OCCURRED, OR (II) US $100. THE LIMITATIONS IN THIS SECTION WILL NOT APPLY TO ANY WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF CARIBONIX.
You or we may, for any reason, terminate your participation in this Agreement at any time upon notice. Following termination, we will pay you any unpaid Marketing Fees, if valid, that you earned prior to the date of termination. Immediately upon termination, all licenses granted to you under this Agreement will be terminated, and you must remove any Link or any Caribonix Marks from Your Services. Sections 15-20 of this Agreement will survive termination of the Agreement.
We reserve the right to modify the terms of this Agreement upon notice to you. Will provide notice of amendments by posting the revised Agreement to the Portal and updating the “Last Updated” date at the top of this Agreement, and in some cases, we may provide additional notice (such as via email). Your continued participation in the Program will confirm your acceptance of any amended terms of this Agreement. If you do not agree to any amendments, you must terminate your participation in the Program.
21. Other Terms
This Agreement constitutes the entire agreement between Caribonix and you concerning the subject matter hereof. You must ensure that your account information remains accurate and complete all times during your participation in the Program. Except as otherwise stated in this Agreement, any notices required under this Agreement will be sent to you at the email address maintained in your account, and to Caribonix at legal [at] caribonix [dot] com, with “Attention Referral Program” in the subject line. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party without the consent of Caribonix; Caribonix may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.