The Bluehost China affiliate program (the "Affiliate Program") is designed to help you generate income in exchange for referring new hosting clients to Bluehost China. These Affiliate Program Terms (the "Affiliate Agreement") are a contract between Bluehost, Inc. doing business as Bluehost China (collectively, “Bluehost” or “Company” or “we”), and operated by P.D.R. Solutions, US LLC (“P.D.R.”), Bluehost and you (the "Affiliate" or "you"), and it governs the terms and conditions of your participation in the Affiliate Program. Bluehost and P.D.R. are part of The Endurance International Group, Inc.
BY REGISTERING AS AN AFFILIATE YOU ARE AGREEING TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE AFFILIATE PROGRAM.
1. Payment Requirements:
1. As a Bluehost affiliate, you may accrue a one-time referral fee for each purchase of a hosting account that you refer to Bluehost that meets the definition of a "Qualified Purchase" and the requirements set forth herein. A "Qualified Purchase" is the purchase of Bluehost's hosting services by a new and unique customer who: (i) clicks on an affiliate tracking link, (ii) completes the purchase process within sixty (60) days of clicking on the affiliate tracking link, (iii) maintains an active account with Bluehost for a minimum of ninety (90) days; and (iv) did not transfer from a Bluehost partner or related company.
2. Affiliate accounts must be active at the time of the referral. No referral fee will accrue for sales that occurred before your participation in the Affiliate Program.
3. In order for affiliate referrals to accrue and be eligible for your first referral fee payment, you must (i) reach a minimum threshold of $100 (the "Minimum Threshold") in referral fees; and (ii) provide Bluehost with all relevant tax and address documentation, as further discussed herein. The Minimum Threshold only applies to the first payment issued to you under the Affiliate Program. All subsequent referral fees or credits for Qualified Purchases will accrue and only become payable once you have provided all relevant tax and address documentation.
4. You are solely responsible for keeping all information up to date including postal and email addresses, name, payment information, tax information and any other personal information that will impact the ability to issue a valid payment.
5. Affiliates are solely responsible for ensuring that all payee information is accurate and up to date in the affiliate system. Bluehost is not responsible for any lost or stolen payments.
6. Missing or untracked affiliate referrals must be reported during the then current referral period (either between the 1st and the 15th of the month or between the 16th and the end of the month) and will be credited to your account at our sole discretion, provided that such credit has accrued pursuant to the terms contained herein. Referrals that are not reported during the then current referral period will not be credited to your account.
7. The affiliate referral fees are determined approximately 55 days after the end of the month in which the Qualified Purchase is recorded. Payments are then processed and sent to Affiliates between the 25th of the month and the last day of the month. EXAMPLE: A Qualified Purchase recorded in January will be sent to the Affiliate between March 25th and March 31st.
8. Payments will be made via one of the following methods:
8.i. Bank Transfer: Referral fees deemed payable under this agreement will be made to a domestic bank account designated by Affiliate to receive such payments. Affiliate is responsible for providing a valid up to date bank account number and the related information through the Affiliate Control Panel.
8.ii. Add Funds: Referral fees deemed payable under this agreement will be transferred to an existing customer account on the Bluehost China Platform designated by Affiliate through the Affiliate Control Panel. Affiliate is responsible for providing accurate customer account information.
9. Affiliates are responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their referral fees. Please check with your local banking institution to find out if any of these apply for your account.
10. Because of the high frequency of credit card fraud and cancellation rates, Bluehost reserves the right to hold referral fees for up to two (2) additional months for verification. At Bluehost's sole discretion, we reserve the right to cancel referral fees in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first ninety (90) days, or if we learn that the referral fee was earned improperly for any other reason.
11. As applicable to Chinese tax laws, we would be deducting __ % TDS on all affiliate commission payments. We would be paying commissions of 400 CNY to affiliates.
1. If a referred customer initially purchases a hosting package with a term of at least one (1) year and then downgrades their hosting package to a term of less than one (1) year within one (1) year of their initial purchase, the applicable referral fees paid to the Affiliate will be reversed and deducted from future earnings.
2. Referred customers that issue a chargeback or are found to be fraudulent (e.g. false information, fake/stolen credit cards, selling counterfeit goods etc.), as determined in Bluehost's sole discretion, will be reversed regardless of the amount of time that has passed since the signup occurred.
3. Customers using non-standard rates (rates not available through the Affiliate Program) are not eligible for affiliate referral fees, as determined at Bluehost's sole discretion. Non-standard rates include but are not limited to: sales, promotions, email offers, prepaid accounts and discounted pricing offered for educational, government, non-profit or charity organizations.
3. Affiliate Restrictions and Responsibilities:
1. Affiliates MAY NOT use traffic that is generated by pay to click, pay to read, banner exchanges, click exchanges, CPV advertising, pop-up/under, SPAM, purchased traffic or similar methods.
2. Affiliates MAY NOT use cookie stuffing techniques that set the tracking cookie without the user actually clicking on the referral link (for example a 1x1 pixel iframe).
3. Affiliates MAY NOT bid on or use Bluehost's trademark, trademark +, or misspelled keywords for the purpose of PPC on Internet search engines (Google, Yahoo, MSN, Ask etc.). Examples: (bluehost coupons, bluehost offers etc)
4. Affiliates MAY NOT use Bluehost's trademark, trademark +, or misspelled keywords in their domain names.
5. Affiliates are responsible for ensuring their tracking code is working properly before sending traffic to Bluehost's servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may not be paid for tracking errors caused by editing, masking, redirecting or tampering with affiliate links, as determined in Bluehost's sole discretion.
6. Affiliates MAY NOT use redirected pages and links to send a user to our site. For example, you may not have a PPC link on a search engine that redirects the user to our site.
7. Domain forwarding is prohibited -- you may not purchase a domain and set it to forward directly to our site using your affiliate link.
8. Affiliates MAY NOT copy Bluehost's website or any portions thereof, including, without limitation, any of Bluehost's trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Bluehost's prior express written permission.
9. Affiliates MAY NOT engage in the advertisement of business-opportunity sites or use marketing practices that attract fraudulent or short-term customers (customers with low retention and renewal rates) which shall be determined at our sole discretion.
10. An Affiliate will not earn commissions on purchases made through their own account.
4. FTC Disclosure Policy:
1. Applicable only to our Affiliates from the United States of America. It is our intent to treat our customers fairly. Accordingly, we require all Bluehost affiliates to comply fully with all applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides (See the FTC Endorsement Guide for more information.), which require that material connections between advertisers and endorsers be disclosed. This means that all affiliate websites (e.g. directories, review/rating sites, blogs and other websites) and any email or collateral that provide an endorsement or assessment of Bluehost, must prominently disclose the fact that you may receive compensation for referring customers to Bluehost.
2. For more information and suggestions about how to comply with these guidelines, please click the "FTC Disclosure" tab under the Terms tab when logged in to your affiliate account. Please note that the FTC Disclosure page is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you will be in compliance with FTC regulations if you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.
3. At our sole discretion, we reserve the right to withhold referral fees and/or terminate the affiliate relationship for your failure to comply with Bluehost's FTC disclosure policy or with any other applicable regulations or guidelines, as determined by Bluehost at our sole discretion.
1. Affiliate accounts may be deactivated at any time without warning or notice at our sole discretion. Any affiliate who violates Bluehost's Terms of Service, including without limitation, these Affiliate Program Terms, or any applicable law is subject to having their affiliate account deactivated immediately, and any and all accrued, but not yet received, referral fees will be forfeited.
2. In our sole discretion, any false or misleading advertising or suspected fraudulent activity associated with your affiliate account will result in immediate deactivation.
3. Affiliate accounts generating a large number of fraudulent accounts, as determined in our sole discretion, will be deactivated.
4. Affiliates may not resell hosting. All referred customers must provide their own payment method and contact information to be a Qualified Purchase. If Bluehost determines in its sole discretion that an Affiliate is reselling hosting, the affiliate account will be immediately deactivated.
5. If you would like to discontinue your participation in the Affiliate Program at any time, simply remove your affiliate links from your website and no longer promote them. For accounting purposes, our systems will retain your account and personal information.
Affiliate agrees that this agreement may be amended by Bluehost at any time without notice. Affiliate agrees to keep advised of any changes to this agreement by checking the Affiliate Agreement on the in.Bluehost.com website on a periodic basis.
7. Jurisdiction & Attorneys Fees
This Affiliate Agreement is governed and interpreted by, and construed in accordance with the substantive laws of the Republic of India, without giving effect to the principles of conflict of laws thereunder. The courts at Mumbai, Maharashtra shall have exclusive jurisdiction over matters arising out of this Affiliate Agreement.
8. Dispute Resolution & Arbitration:
1. Any and all claims, disputes, questions or controversies involving the parties arising out of or in connection with this Agreement, or the execution, interpretation, validity, performance, breach or termination hereof (collectively, “Disputes”) which cannot be finally resolved by the parties within sixty (60) calendar days of the arising of a Dispute by amicable negotiation and reconciliation shall be resolved by final and binding arbitration held in Mumbai in accordance with the (Indian) Arbitration and Conciliation Act, 1996, as amended (the “Arbitration Act”), to be conducted by a sole arbitrator to appointed by the parties, provided, however, that if the parties are unable to appoint the arbitrator by mutual consent within a period of thirty (30) days of the Dispute (or if the second arbitrator is not appointed within fifteen (15) days of the parties agreeing to have the
matter referred to arbitration for settlement, the arbitrator shall be appointed by the court in accordance with the Arbitration Act. In connection with the arbitration proceedings, the parties hereby agree to cooperate in good faith with each other and the arbitral tribunal and to use their respective best efforts to respond promptly to any reasonable discovery demand made by such party and the arbitral tribunal.
2. All arbitration proceedings shall be conducted in the English language and the arbitral award (the “Award”) shall be rendered no later than six (6) months from the commencement of the arbitration or as otherwise provided by the Arbitration Act, unless otherwise extended by the arbitral tribunal for no more than an additional six (6) months for reasons that are just and equitable.
3. Except as otherwise required by law, the arbitration proceedings and the Award shall not be made public without the joint consent of the parties and they shall maintain the confidentiality of such proceedings and the Award.
4. The cost of the arbitration shall be borne by the parties in accordance with the applicable provisions stipulated in the Arbitration Act. Unless the Award provides for non-monetary remedies, any such Award shall be made and shall be promptly payable in Indian Rupees net of any tax or other deduction. The Award shall include interest from the date of any breach or other violation of this Agreement and the rate of such interest shall be specified by the arbitral tribunal and shall be calculated from the date of any such breach or other violation to the date when the Award is paid in full.
5. All notices and other communications by either party to the other or by the arbitral tribunal to either party in connection with the arbitration hereunder shall be in accordance with the provisions of this Agreement.
6. Each party expressly understands and agrees that the Award shall be the final and binding remedy between the parties regarding any and all Disputes
Any notice or other communication required or permitted to be delivered to Bluehost under this Agreement shall be in writing or via email, unless otherwise specified, and shall be deemed properly delivered when delivered to:
Bluehost Company Secretary:
P.D.R. Solutions US LLC.
10 Corporate Dr., Ste 300 Burlington, MA 01803, United States. Email Address: email@example.com
Any communication delivered to either party under this Agreement shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a business day and such delivery was made prior to 17:30 hours local time, and otherwise on the next business day.