Profit Partner Affiliate Program Signup

AFFILATE PROGRAM: TERMS AND CONDITIONS

BETWEEN You

AND KangaWeb

By becoming a registered Affiliate of KangaWeb, You agree to the following Terms and Conditions.

RECITALS

This is a legal agreement between You and KangaWeb.

Before registering as a KangaWeb Affiliate, You must read the Agreement and accept its terms and conditions.

If You do not wish to be bound by the terms and conditions of the Agreement, You MUST NOT register as a KangaWeb Affiliate.

Definitions

"account" means any service purchased from KangaWeb, such as a web hosting package.

"Affiliate" means a member of our Affiliate Program.

"Affiliate Program" means the service advertised on our websites under the names: "Profit Partner", "Affiliate Program" and/or "Referrer Plan".

"Agreement" means these Terms and Conditions.

"Claim" means any loss, expense, liability, cost, damage or claim, whether to, or incurred by, You or another person.

"Email Pro Series" means the Email Pro 5, 10, 20, 50, 100, 200, 500 and 1000 hosting accounts, as well as the standalone Server Eyeball account.

"KangaWeb", "we", "our" and "us" means KangaWeb Technologies Pty Ltd.

"Non-resold" means not sold by an authorized reseller of KangaWeb services. That is, "non-resold" accounts are services purchased directly from KangaWeb rather than through a reseller.

"person" includes a corporation, a trust and a partnership.

"Qualifying Account" means the first purchase made by Your first Referred Client.

"Referred Client" means any person who purchases a service from KangaWeb:

• based on Your recommendation during the period in which You are a member of our Affiliate Program;
• in such a way that KangaWeb is able to recognize the fact that the customer was directed to our service by You, and is able to identify your membership details (Affiliate ID) at the time the purchase is made.

"Sub-Affiliate" means a member of the Affiliate Program who has been referred to the program by:

• You; or
• Another Affiliate that you have referred to our Affiliate Program (a level one Sub-Affiliate); or
• One of your level two or level three Sub-Affiliates, where a "level two Sub-Affiliate" is an Affiliate who has been referred to our Affiliate Program by one of your "level one" Sub-Affiliates, and a "level three Sub-Affiliate" is an Affiliate who has been referred to our Affiliate Program by one of your "level two" Sub-Affiliates.

"Web Hosting Plan" includes all web hosting packages provided by KangaWeb except for the "Email Pro Series", the "Reseller Gold" account and any other accounts purchased through or for a registered Reseller of our services.

"You" and "Your" means the person who agrees with KangaWeb to be a KangaWeb Affiliate.

Application to Join

Any person aged 18 years or over may apply to join the Affiliate Program. KangaWeb reserves the right to accept or reject applications to join the Affiliate Program at its sole discretion.

If You are joining this program based on a referral by an existing Affiliate, You warrant that You are not a member of same household as Your referring Affiliate nor any other Affiliate who may be eligible for commissions based on You referring other customers and Affiliates to our service. You further acknowledge that You will not be able to refer members of Your own household to the Affiliate Program. Where this issue is in doubt, KangaWeb reserves the right to require verification of Your identity and residential address prior to acceptance into the Affiliate Program and/or prior to payment of any relevant commissions to any relevant Affiliates. Furthermore, KangaWeb reserves the right to decide whether the documents or other evidence supplied by You are sufficient proof that You are not a member of the same household as any affected Affiliates.

Application Details

You confirm that the details You have provided to KangaWeb in Your application to join our Affiliate Program are complete, correct and up-to-date.

Password Security

You must keep confidential all passwords created for, and/or used in relation to, the Affiliate Program.

Notice

You agree to correspond with KangaWeb via our Support Request Form. If KangaWeb needs to contact You for any reason we will do so via email only.

You agree to notify us promptly of any changes to Your email address or other contact details.

Commissions

KangaWeb will award you commissions for accounts referred by you, subject to the conditions below:

1. Affiliate commissions apply only to the initial account setup fee and the first 12 months of standard hosting fees. Commissions are not payable on other fees including, but not limited to, account add-on fees.

2. No commission is payable on the first account you refer. That is, commissions are not payable for Your Qualifying Account.

3. Commissions are only payable for referred, non-resold, non-reseller accounts. That is, commissions are only payable for Web Hosting Plans and Email Pro Series Plans, and are not payable for any accounts purchased for or through a registered KangaWeb reseller.

4. Commissions will not be payable for accounts when it is not clear, at the time of the order, that the account has been referred by You.

5. Commissions are credited at the time payment of an invoice is received from each Referred Client. If the Referred Client overpays an invoice, commissions will only be paid on the initial invoiced amount, and not on any overpaid amount.

6. The commission rate is the percentage of the initial account setup fee and monthly hosting fees that KangaWeb will award to You for referred accounts. The commision rate varies depending on:
   

   • The type of service purchased by the Referred Client; and
   • The number of accounts you have already referred to KangaWeb.
   
   The following commission rates apply:
   
   
   • Email Pro Series: 30% commission
   • Web Hosting Plans:
     
     
     • First 5 accounts (after Qualifying Account): 10% commission
     • Next 94 accounts (6th-99th): 25% commission
     • All subsequent accounts (100+): 30% commission
     That is, the commission rate for each web hosting account is dependent on the number of web hosting accounts which have been referred by You. When we refer to the "First 5 accounts", the "Next 94 accounts" and so on we are referring to the chronological order in which the accounts were opened. When counting the number of web hosting accounts referred by You we include:
     
     
     • All current web hosting accounts; and
     • Every closed web hosting account that was hosted with us for at least 90 days.
     Please note that Email Pro Series accounts are not included in the count of web hosting accounts.
   • All accounts referred to us by one of Your Sub-Affiliates: 5% commission
   
   
7. While KangaWeb has made every effort to ensure that the automated Affiliate system appropriately recognizes that an account has been referred by an Affiliate, You acknowledge that some Referred Clients may side-step the system and that it will not be possible for us to ascertain whether the Referred Client was directed to our service by You. In such circumstances, commissions will not be payable.

8. Commissions will not be payable for any account that has been previously hosted by KangaWeb and subsequently reopened.

Payment

1. If You have Your own web hosting or email hosting account with KangaWeb, then commissions earned by You will be used, in the first instance, to offset any amounts due to KangaWeb for Your hosting account(s). If commissions earned by You exceed the amounts You owe us, then payment will be issued to You as described below.

2. The minimum amount which KangaWeb will pay out is US$130. If You do not accrue sufficient commissions to reach the minimum payout amount (US$130) then no commissions will be paid.

3. For security reasons we will only make payment to You via Your PayPal account. The PayPal account must:
   

   • Be in Your name; and,
   • Be a Verified Premium Account or a Verified Business Account.
   Please note that PayPal may charge You a fee to receive the payment from us.
4. In order to receive payment for Your commissions you must issue a valid invoice to KangaWeb. A valid invoice must include:
   
   • Your Affiliate ID;
   • Your name;
   • The date;
   • The details of the PayPal account which payment should be deposited into, including the unique account name and account type (Verified Business Account or Verified Premium Account);
   • The payment amount (must match the total commissions accrued);
   • Our name ("KangaWeb Technologies Pty Ltd").

5. Within 7 days of receiving a valid invoice (as described above), KangaWeb will transfer payment directly into Your nominated PayPal account.

6. KangaWeb accepts no responsibility for any loss incurred due to incorrect PayPal details being provided to us. If payment has been made into the wrong PayPal account due to incorrect or inadequate details being provided to us, the payment will not be made a second time.

7. The date a commission is earned will be recorded. If the accumulated commission has not reached the $130 payout value within 12 months from the time the commission is earned, or if You have not claimed the commission by providing KangaWeb with a valid invoice for the commission within 12 months from the time the commisson is earned, that comission will be forfeited.

8. Prior to payment of any commissions, KangaWeb reserves the right to seek proof of Your identity and of the identity of any of Your Sub-Affiliates if You have accrued commissions as a result of referrals made by those Sub-Affiliates.

9. Where fraud is suspected, KangaWeb reserves the right to withhold payment until such time as the legitimacy of the payment is verified. If KangaWeb, at its sole discretion, decides a commission has been earned fraudulently then KangaWeb reserves the right to veto the payment.

10. You acknowledge and agree that KangaWeb is entitled to change the method of payment as it sees fit. For example, we may cease to make payments into PayPal accounts and instead may start using a different payment method. If that occurs these terms and conditions will be updated accordingly, and the new payment method will be used from the time of the change.

Customer Support

KangaWeb will provide technical support directly to Referred Clients. KangaWeb will also bill Referred Clients directly.

Access

You will not have access to a Referred Client's account unless that access is given to You by the Referred Client. The Referred Client will be responsible for ensuring that their account is used in accordance with our terms and conditions.

To protect the privacy of Referred Clients we will not provide You with details of their payment transactions. We will however provide You with a list of the domain names associated with currently active Referred Clients. You acknowledge and agree that we are not obliged to provide You with any detail relating to your Referred Clients, other than their domain name, account type (e.g. Small Business Starter web hosting plan) and signup date.

Promotion

You must not promote KangaWeb's service through unsolicited emails, spam, news groups, banner networks or similar channels.

Cancellation of Membership

If You do not refer any new clients for a 6 month period and do not have any commissions owing, or if you do not refer a client for a 12-month period, then Your Affilate Program membership will be cancelled.

Any attempt to abuse or dishonestly use the Affiliate Program and associated software and systems will result in immediate disqualification from the program and no commissions will be payable.

We reserve the right to refuse or cancel Your Affiliate membership, and access to related services and systems, at our sole discretion.

Limitation of Liability

You indemnify KangaWeb and its directors, shareholders, employees and associates in relation to any Claim as a result of:

• The Service;
• Misuse of the Affiliate Program by You or any other person;
• Your breach of the Agreement;
• Loss of data; or
• Service interruptions.

If a term is implied into the Agreement by the Trade Practices Act 1974, KangaWeb's liability for breach of the term is limited to the supply of the Service again, or the cost of having the Service supplied again.

Disclaimer

We make no statement, warranty, representation or promise not expressly set out in the Agreement, or required by law. We expressly disclaim all warranties, representations or promises in relation to the service.

Changes to these terms and conditions

We reserve the right to change these terms and conditions at any time. We will notify You if such an update occurs by sending an email to the address we have on record for you. We will also place an updated copy of the terms and conditions on our website. The new terms and conditions will apply from the time that they are published on our website, and Your continued participation in our Affiliate Program will indicate and confirm Your acceptance of the updated terms and conditions. Any updates to these terms and conditions will not reduce the commission rate on any accounts already referred to us.